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Brain Injury

Jul 5, 2017

Labor & Employment — Football Player Wins ERISA Claim for CTE Disability

Solomon v. Bert Bell/Pete Rozelle NFL Player Retirement Plan (Lawyers Weekly No. 001-150-17, 13 pp.) (Duncan, J.) No. 16-1730, June 23, 2017; USDC at Baltimore, Md. (Garbis, J.) 4th Cir. Holding: In denying disability benefits to professional football player Jesse Solomon, who sustained more than 69,000 full-speed contact hits during his nine-year NFL career, the […]

Jan 13, 2015

Jury gives $9.5M to child born after C-section delay

A Wake County jury recently awarded a child $9.5 million after she suffered permanent brain damage during her mother’s labor and a cesarean section delivery that, according to a plaintiff’s attorney, should have been ordered by the attending physician much earlier. Kw’Nae Spellmon, now 6, suffers from spastic quadriparetic cerebral palsy and will require round-the-clock […]

Aug 12, 2013

Man hit by city water truck gets $2 million settlement

The city of Durham and its insurer have paid $2 million to a man who was hit by a city-owned truck and left with severe brain injuries. Reyes A. Gonzalez was using a crosswalk and had a pedestrian signal when he was struck by a Water Management Department truck in December 2011 on West Cornwallis Road, said one of his attorneys, Michael A. Kornbluth of the Taibi Kornbluth Law Group in Durham.

Jun 21, 2013

Mild brain injury cases bring major headaches

Few types of personal injury claims are as controversial as those involving mild traumatic brain injuries. It’s easy to see why: The term itself is an oxymoron, and mild TBI is largely invisible, difficult to diagnose and often accompanied by high-dollar damage demands.

Apr 1, 2011

Thin skull rule plays role in $1.3M federal wreck verdict

Plaintiff was a 44 year old single female without children and never married at the time of her injuries. On Aug. 16, 2007, plaintiff was visiting North Myrtle Beach, S.C., on vacation when she was rear-ended by defendants. Plaintiff was between contract positions as a software engineer at the time of her accident. Plaintiff primarily […]

Jan 17, 2011

$4.5M settlement in suit over brain injury from accident

The case involved a Hispanic female in her early 40s who was a legal resident from the Dominican Republic. Plaintiff had been in the United States for only a few months, living in New Jersey but in North Carolina at the time of the wreck visiting friends. Her initial injuries included traumatic brain injury, fractured […]

Jan 17, 2011

$2.525M in wreck with torn aorta, traumatic brain injury

Type of action: Motor vehicle incident Injuries alleged: Torn aorta; traumatic brain injury Case name: Confidential Case number: Confidential Court: Confidential Verdict or settlement: Settlement   Date: April 2010 Amount: $2.525 million              Insurer: Confidential      Plaintiff’s attorney: C. Jeff Warren and Chris M. Kallianos, both of Warren & Kallianos (Charlo[...]

Jan 17, 2011

Mild brain injury from Mecklenburg wreck nets $1.65M

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 [...]

Oct 5, 2010

Motorcyclist receives $775,000 in wreck claim against dump truck driver

Plaintiff, a single 21-year-old white male, was seriously injured in a motorcycle accident on Sept. 17, 2007, in Concord. A dump truck driven by defendant for his employer suddenly turned into the path of plaintiff’s motorcycle. Plaintiff slammed into the dump truck and was knocked unconscious by the force of the crash. He was a […]

May 17, 2010

Brain trauma auto tort settles for $800,000

In May 2006, the plaintiff was traveling as a passenger with her boyfriend to a school function when he made a left-hand turn into oncoming traffic, causing the vehicle to suffer a T-bone collision on the plaintiff’s side of the car. The plaintiff suffered multiple internal injuries and fractures as well as brain trauma that […]

Apr 20, 2010

Man hit by falling tree branch settles injury claim

The injured party was a retired 67-year-old man in good health at the time of his injury. He was visiting Asheville from out of state when he was struck in the head and right shoulder by a large, falling tree branch. The injured party suffered traumatic brain injury, basilar skull fracture, subdural hematoma, extensive facial […]

Apr 19, 2010

Cyclist suffered injuries in head-on crash

The plaintiff, a 47-year-old male cyclist, was struck head-on by a sport-utility vehicle that made a sudden left turn from the opposite lane of travel into the plaintiff’s lane of travel. The plaintiff lost consciousness for a few minutes, and a medic reported that he had diminished mental capacity, along with obvious swelling and bruising […]

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