Man suffers brain injury after accident with semi

From the August 01, 2005 Missouri Lawyers Weekly.

Defense claimed he recovered from injuries

$3.5 million settlement

A 26-year-old man has settled his case against a moving company after an accident with one of the company’s tractor-trailer’s resulted in a brain injury.

Terry A. Butts, a union plumber and pipefitter, was injured when the driver of a North American Van Lines tractor-trailer allegedly failed to yield and turned the tractor-trailer into Butts’ path. When the two vehicles collided, the tractor-trailer ran over the front of the Butts’ pick-up truck.

Butts sustained a traumatic brain injury and fractured his right knee cap. Butts initially was in a coma, but gradually improved. He underwent speech therapy, physical therapy and occupational therapy. The knee injury was surgically repaired.

Although he cognitively returned to a functional level, Butts continued to have problems with memory, complex reasoning, multi-tasking, processing speed, interpersonal relations and mood swings. Butts also continued to have problems with double vision, focusing and visual overload.

These difficulties, along with functional limitations resulting from his knee injury, prevented him from returning to his job.

Defendants claimed that plaintiff had recovered from his injuries.

The parties settled the case for $3.5 million.

Type of Action: Personal Injury
Type of Injuries: Mild traumatic brain injury; fractured right patella
Court/Case Number/Date: United States District Court, Western District of Missouri, Southern Division/03-3415-CV-S-RED
Caption: Karen Butts, as Guardian and Conservator of the Estate of Terry A. Butts v. North American Van Lines, Inc., et al.
Judge, Jury or ADR: Mediation
Name of mediator: Rich McLeod
Verdict or Settlement: $3.5 million settlement
Special Damages: $175,491.96 medical expenses; $2,093,856.04 loss of earning capacity; $120,851.33 lost household contributions
Allocation of Fault: N/A
Last Offer: N/A
Last Demand: N/A
Attorney for plaintiffs: Michael Johnson, The Strong-Garner-Bauer, Springfield
Insurer: Protective Insurance Company
Plaintiff’s Experts: Dr. Michael Whetstone (neuro-psychologist); Dr. Patrick O’Brien (orthopedist); Dr. Carol Scott (neuro-optometrist)
Defendant’s Experts: none