Defendant said he knew he was undermedicated, thought he could still drive
Defendant male driver had passed out behind the wheel because of an epileptic seizure. He lost control of his vehicle, which crossed the center line and struck plaintiff female driver’s vehicle head-on.
Plaintiff suffered fractures of her right patella, which required surgical repair. She was left with a surgical scar approximately 8 inches in length on her knee. Residuals include stiffness, partial atrophy of quadriceps muscle and weakness.
To avoid the sudden emergency defense, defendant conceded that he knew he was undermedicated but thought he’d be able to drive. He was on his way to the pharmacy to pick up his medications when the accident occurred.
Defendant was uninsured and the plaintiff’s auto policy provided uninsured motorist coverage, which paid the settlement amount.
Type of action: Auto negligence
Type of injuries: Fractured patella, scarring
Name of case: Confidential
Court/Case no./Date: Oakland County Circuit Court; confidential; Dec. 6, 2013
Name of judge: Withheld
Settlement amount: $300,000
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