Case details

Plaintiff: Collision caused brain injury and wrist fracture





Result type

Not present

back, blunt force trauma to the head, brain, cognition, concentration, concussion, fracture, head, headaches, impairment, mental, neck, psychological, right shoulder, right wrist, shoulder, wrist
On March 3, 2010, plaintiff Glen Wayne Campbell, Jr., 52, a spotter for Vons, was driving his pickup truck on westbound Interstate 210 in Los Angeles. At approximately 12:45 p.m., while traveling in the number 5 lane just west of the Lake Avenue off-ramp, Campbell was rear-ended by a freightliner combination truck operated by Lenora Ann Shock. The impact caused Campbell’s truck to roll over and come to rest on its roof. He claimed to his head, right wrist, right shoulder, neck, and back. Campbell sued Shock and NFI Interactive Logistics LLC, Shock’s employer and owner of the freightliner. Campbell alleged that Shock was negligent in the operation of the freightliner and that NFI was vicariously liable for her actions. Campbell claimed he was wearing his seat belt and traveling at 20 mph in heavy traffic when he looked in his rear view mirror and saw Shock approaching fast, with seemingly no intention to slow down or stop. He alleged that Shock was going too fast. The responding highway patrol officer also found Shock in violation of driving too fast in relation to traffic conditions. Shock and NFI admitted liability three years after the accident, and the matter proceeded to a trial on damages only., At the accident scene, Campbell was placed on backboard in full spinal precautions and then taken by ambulance to an emergency room. His initial complaints at the hospital included right shoulder pain with numbness and diminished strength down to his right hand. Campbell was diagnosed with blunt-force trauma to his head, a right wrist fracture, and an eyebrow contusion. On March 11, 2010, Campbell treated with his family doctor and was referred to an orthopedic surgeon for his wrist fracture, which was casted. He was then referred for chiropractic care to treat his ongoing neck and back complaints, and was recommended a neurologist for complaints related to his head injury, which included headaches, dizziness, and difficulty with memory and concentration. On April 6, 2010, Campbell was diagnosed with a concussion and placed on total disability from work. In late May 2010, after his wrist cast was removed, Campbell returned to work for two weeks, but missed seven of those days due to continued dizziness and headaches. He then went back on total disability until April 18, 2011, when he was released back to work with significant improvement. Campbell claimed he had to halt several pre-accident activities, including riding his motorcycle and taking his motor home on camping and fishing trips with his family. As a result, he sold both vehicles. Campbell also claimed he began secluding himself in his room and stopped taking care of his house/lawn, having barbecues, or socializing with friends and family. When his wife passed away in March 27, 2011, his state worsened. A pre-trial comprehensive evaluation revealed that Campbell was still suffering symptoms of a mild to moderate brain injury, including continued dizziness and headaches, as well as difficulty with memory, focus and concentration. Campbell sought recovery of $92,388.78 in past medical costs, $59,029 in past lost earnings and $4,493 in property damage. He also sought recovery of future medical costs for a possible neck surgery and future lost earnings for a possible early retirement. In addition, he sought recovery of damages for his past and future pain and suffering. Thus, during closing arguments, plaintiff’s counsel asked the jury to award Campbell up to $10 million in total damages. Defense counsel argued that while Campbell did suffer a mild brain injury, his symptoms resolved about one year after the accident. The defense’s expert psychiatrist opined that Campbell was suffering from depression resulting from cognitive deficits due to the loss of his wife one year after the accident. The defense’s expert neuropsychologist opined that Campbell may or may not have suffered from a brain injury and that if he had, Campbell’s deficits were mild and due to depression caused by his wife’s death. In addition, the defense’s expert neuroradiologist testified that Campbell’s brain MRI scan, done with a 3.0 Tesla scanner using susceptibility-weighted imaging resolution, did not show a brain injury. In addition, defense counsel contended that Campbell returned to work one year after the accident and had continued to work full-time, driving roughly 3.5 hours total during his commute.
Superior Court of Los Angeles County, Chatsworth, CA

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