Reported in the Lawyers Weekly
The plaintiff was shopping in the defendant's supermarket. While in the store with her husband, an employee swept an onion into the walking path of the plaintiff. In turn, the plaintiff fell and sustained several injuries. The plaintiff also states that she was briefly unconscious after the incident. As a result of this incident, the plaintiff was diagnosed with mild traumatic brain injury. In addition, other injuries included post-traumatic stress disorder, headaches, post-concussive syndrome, acute cervical strain, and dissociative disorder.
Initially speaking, the injuries appeared to be a cause of dissociative personality and post-traumatic stress injuries. The plaintiff claimed that the dissociative personality injury caused a change in personality, and memory problems. More than five years after the fall, the plaintiff was diagnosed to be suffering from traumatic brain injuries. Before the accident, the plaintiff suffered from seizures, but never suffered any trauma to the head due to these episodes.
One week before the trial, a mediation was held which led to a settlement. This was due in large part to the evolution of the injuries ending with the second diagnosis of traumatic brain injury. The allegations that the plaintiff was suffering from cerebral injuries led to the defendant requesting mediation before the trial got underway. The difficult and complex mediation led to an agreed settlement of $275,000.00.
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