The plaintiff, a 37-year-old college graduate, alleged a mild traumatic brain injury resulting in severe cognitive and emotional impairment. The plaintiff presented evidence from his treating physicians and a vocational expert that his deficits rendered him permanently and totally disabled from any/all gainful employment. The plaintiff further presented evidence that he would need ongoing medical care and lifelong medications to treat his headaches, anxiety and depression.
The defendants contended the plaintiff merely suffered a mild contusion to his head as the plaintiff never lost consciousness and all imaging studies (CT and MRI) of the brain were normal. The defendants further alleged that the plaintiff was magnifying his symptoms, was a malingerer and was able to return to work a short time after the accident. The Defendants placed great emphasis on the plaintiff’s MMPI results and the results obtained on the “fake bad” scale in an attempt to support their malingering theory.
Type of action: Motor vehicle collision
Injuries alleged: Mild traumatic brain injury
Case name: Confidential
Case number: Confidential
Court: Mecklenburg County Superior Court
Name of judge, arbitrator or mediator: Three-person arbitration panel
Verdict or settlement: Arbitration award
Date: November 2010
Amount: $1.65 million
Special damages: $40,000 (past meds), $150,000 (past wage loss, future meds and wage loss claimed)
Highest offer: $650,000 offered day of arbitration
Were liability and/or damages contested? Yes
Was the opposing party represented by legal counsel? Yes
Has the plaintiff been successful in actually collecting the judgment or settlement? Yes
Plaintiff’s attorney: Rick Anderson of Price, Smith, Hargett, Petho & Anderson (Charlotte)
Editor’s note: The information in Lawyers Weekly’s verdicts and settlements reports was submitted by the counsel for the prevailing party and represents the attorney’s characterization of the case.