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ARTICLE ID 27632

$________ - REAR END COLLISION BY ARMORED SECURITY VEHICLE - POST-TRAUMATIC PARTIAL COMPLEX SEIZURE DISORDER - CLOSED HEAD INJURY - ORGANIC MOOD DISORDER - SOFT TISSUE NECK AND BACK INJURIES - DAMAGES ONLY.

Duval County

The male plaintiff, age 20 at the time of injury, filed this action against the defendant Wells Fargo after the plaintiff’s vehicle was struck in the rear by one of the defendant’s armored security vehicles. The plaintiff claimed to have sustained a closed head injury in the accident which resulted in a seizure disorder, mood disorder and multiple soft tissue injuries. The defendant admitted negligence in causing the accident, but disputed the extent and nature of the injuries sustained by the plaintiff in the collision.

The plaintiff’s Ford Escort was stopped at a red light in Duval County when it was struck in the rear by a vehicle owned by the defendant. The plaintiff contended that the defendant’s truck was traveling approximately 40 miles per hour at the time of the collision. The plaintiff’s vehicle traveled ________ to ________ feet after impact and the driver’s seat collapsed backwards, according to evidence offered.

The plaintiff’s medical experts testified that the plaintiff sustained a closed head injury in the accident which resulted in a post-traumatic partial complex seizure disorder. The plaintiff also suffered an organic mood disorder stemming from the head injury as well as multiple soft tissue injuries to his neck and back, according to his medical experts.

The plaintiff was employed as a draftsman at the time of the accident. As a result of the seizure disorder, the plaintiff claimed that he is unable to drive under Florida law until he is seizure-free for one year. The plaintiff was prescribed Tegretol to treat his seizure disorder as of the time of trial. The plaintiff’s physicians testified that the plaintiff still suffers from frequent "zone-out" seizure episodes and it is uncertain whether he will ever be able to drive again. The plaintiff alleged that his post-accident work performance declined due to cognitive dysfunctions stemming from the accident and that he will suffer a diminished future earning capacity.

The defendant’s medical experts testified that the plaintiff’s alleged post-traumatic partial complex seizure disorder was never confirmed by EEG results. The defense also argued that the plaintiff’s closed head injury was diagnosed solely by neuropsychological testing which was unreliable. The defendant’s neurologist opined that the plaintiff’s symptoms were not genuine. However, cross-examination showed that this physician had not been supplied with all of the records from the plaintiff’s treating doctors, nor had he been supplied any of the depositions taken from numerous witnesses who had seen the plaintiff suffer a "zone-out" seizure episode. The defendant’s orthopedic surgeon opined that any soft tissue injuries sustained by the plaintiff in the accident had resolved.

The jury found for the plaintiff in the amount of $________ including $________ in past medical expenses and lost wages; $________ in future medical expenses and lost wages; $________ past pain and suffering and $________ in future pain and suffering. The plaintiff filed an Offer of Judgment in the amount of $________.

Plaintiff’s motion for attorneys fees and costs is pending.

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