Case details

Plaintiff claimed brain injury resulted in personality change

SUMMARY

$10000000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
brain, brain damage, brain injury, chest, cognition, fracture, impairment, mental, psychological, rib, separation, shoulder, traumatic brain injury
FACTS
On May 17, 2017, plaintiff Laurence Little, 69, a business owner, was driving on the eastbound side of Ming Avenue, near its intersection at Gosford Road, in Bakersfield. When he reached the intersection, he began to execute a right turn onto the southbound side of Gosford Road. His vehicle’s left side was struck by a tractor-trailer that was being driven by Davinder Singh, who was traveling on the southbound side of Gosford Road. Little claimed that he suffered of his head, a lung, his neck, a rib and a shoulder. Little sued Singh; Singh’s employer, U.S. Freight Carrier, LLC, which also owned the tractor; and an entity that was believed to be the trailer’s owner, Wabash National. The lawsuit alleged that Singh was negligent in the operation of his vehicle, that Wabash National was vicariously liable for Singh’s actions, and that U.S. Freight Carrier was liable because the accident occurred during Singh’s performance of his job’s duties. Wabash National was dismissed. The matter proceeded to a trial against Singh and U.S. Freight Carrier. Plaintiffs’ counsel claimed that the accident was a result of Singh having ignored a red traffic signal. Witnesses agreed. Plaintiffs’ counsel also claimed that Singh was speaking on a cell phone and traveling 60 to 65 mph when he entered the intersection. Defense counsel conceded liability. The trial addressed damages., Little was found unconscious and not productively breathing. He was bleeding profusely from his forehead. A respiratory care practitioner that provided aid at the scene testified to finding Little unconscious and turning blue from hypoxia. First responders later recorded a Glasgow coma scale score of 15, which is the maximum score and indicative of responsiveness. Little was transported to Kern Medical, in Bakersfield. He was discharged the next morning. Little ultimately claimed that he suffered an injury of his head and mild residual damage of his brain. He also claimed that he suffered a separation of his left shoulder, a fracture of a rib, a collapse of a lung and a nonspecific injury of his neck. Little claimed that he suffers cognitive and personality changes that stem from his brain’s injury. He claimed that his impairment prevents his ability to run his business. Plaintiffs’ counsel described extreme changes in Little’s personality, claiming that, prior to the incident, Little was tough a man, had no health problems, was an avid and skilled outdoorsmen, and was training for the senior Olympics in wrestling. Plaintiffs’ counsel also claimed that Little went from being a man who was the head of his family, and a loving grandfather and husband of 50 years to his high school sweetheart, to an isolated, forgetful, afraid and angry person whom his family described as a completely different person. Little sought recovery of damages for pain and suffering. His wife, Susan Little, sought recovery of damages for loss of consortium. Plaintiffs’ counsel told the jury that $15 million to $20 million was a reasonable verdict for the Littles and that anything less than $10 million would be unreasonable. Defense counsel contended that Laurence Little suffered a mild, uncomplicated brain injury, that Little essentially achieved a full recovery within 90 days, and that Little’s ongoing symptoms are a product of an obsessive-compulsive disorder and being told by his doctors that he had a brain injury.
COURT
Superior Court of Kern County, Kern, CA

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