Tuesday, December 10, 2013

$1,143,795 Verdict: Woman injured when driver texting on phone runs red light

Plaintiff incurs traumatic brain injury, neck spasms drop foot, pain syndrome

On Dec. 29, 2011, plaintiff was driving westbound on Walnut Lake Road in West Bloomfield Township. Defendant was driving a GMC van — with permission and consent of its owner, northbound on Middlebelt Road.

At the intersection of Walnut Lake and Middlebelt, defendant ran the red light and crashed into plaintiffs vehicle. At the scene, defendant admitted to plaintiff and the officer that he was at fault, as he had been texting on his cellphone.

Plaintiff initially refused medical treatment at the scene, but over the next few days she experienced head, neck and lower back pain. On Jan. 3, 2012, she was examined by a physical medicine and rehabilitation specialist. He diagnosed her with neck spasms, minor traumatic brain injury, drop foot, exacerbation of lower back pain condition and chronic pain syndrome.

Defendants argued that there was no proximate cause and that plaintiffs injuries did not constitute serious impairment of body function.

Type of action: Third-party no-fault

Type of injuries: Neck spasms, minor traumatic brain injury, drop foot, exacerbation of lower back pain condition, chronic pain syndrome

Court/Case no./Date: Oakland County Circuit Court; 12-128835-NI; Sept. 13, 2013

Verdict amount: $1,143,795

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