Case details

Motorcyclist claimed rear-ender caused brain and other injuries





Result type

Not present

brain, brain injury, cognition, concentration, concussion, depression, fracture, head, headaches, impairment, mental, neurological, neurological impairment, psychological, sensory, shoulder, speech, traumatic brain injury, vision, wrist
On April 14, 2009, at approximately 2:30 p.m., plaintiff Timothy Sloop, 48, a Costco baker, was riding his motorcycle on southbound Interstate 880 in Fremont, on his way to visit his mother in a hospital, when he was struck from behind by a paper delivery truck operated by Michael Williams. Sloop was subsequently ejected from his motorcycle, landing roughly 15 feet away and rolling an additional 85 feet on the pavement, striking and scraping his helmet. He claimed to his head, right wrist and hand, right shoulder, right hip, and right leg. Sloop sued Williams; the company that leased the truck, Oakland Paper & Supply Inc.; and the truck’s owner, HTB Investments LLC. He alleged Williams was negligent in the operation of the truck, and that Oakland Paper & Supply and HTB Investments were vicariously liable for Williams’ actions. The defendants admitted liability for the accident, and the matter proceeded to a trial on causation and damages., Sloop was taken by ambulance from the scene of the accident and brought to an emergency room. He sustained a fracture of his dominant, right wrist and a torn right iliotibial band of his right leg. He also claimed chronic pain syndrome in his right shoulder and hip, neurological to two fingers on his right hand, and a mild traumatic brain injury/concussion. Sloop ultimately required surgical repair on the torn right iliotibial band on Aug. 22, 2011. Sloop claimed his wrist fracture healed. However, he claimed that he continues to treat with medications for chronic pain to his right hip and shoulder. He alleged that as a result of his hip pain, his mobility is affected. Sloop also claimed that he treats chronic, post-concussion headaches with prescription medication, as well as Botox injections. In addition, Sloop claimed he suffers from several cognitive impairments, which have disabled him from work. He alleged that his impairments include a weakened sense of smell, photophobia, blurred vision, ringing in the ears, confusion, moodiness, temper issues, inability to concentrate, memory loss and severe depression. Thus, Sloop has been treating with psychological counseling since the accident. Thus, Sloop sought recovery of damages, including $109,000 in past medical costs, $2,632,939 in life care costs, $163,634 in stipulated past lost earnings, $611,937 in future lost earnings, $1.5 million for past pain and suffering, and $5 million for future pain and suffering. Defense counsel conceded that Sloop suffered a mild traumatic brain injury and that his disabled him from work. Counsel also conceded that Sloop required one year of medical expenses, as well as conceded the cost of hip surgery ($84,000) and the amount of one year of lost earnings ($54,000). However, defense counsel denied Sloop’s claim for a lifetime of medication, and argued that the preferred treatment, according to their neuropsychology and pain management experts, would be to wean Sloop off of pain medication, and replace it with physical and speech therapy.
Superior Court of Alameda County, Oakland, CA

Recommended Experts


Get a FREE consultation for your case