October 12, 2000
The plaintiff was a passenger, sleeping in his own automobile, when the driver lost control of the car, driving off the road, ultimately overturning the car.
After filing suit, the plaintiffs' moved for summary judgment as to liability, which was granted by the Court.
The plaintiff suffered an acute right radial head dislocation, a right proximal radius and ulnar fracture, a right distal radius fracture, diastasis of the right distal radial artery joint, and a comminuted compression fracture of the right occipital condyle.
In addition to his orthopedic injuries, the plaintiff was diagnosed with cranial cerebral trauma with a cerebral contusion. During his admission to the hospital he remained in a semi-coma/somnambulant state. The plaintiff also sustained multiple contusions about his body and face, deep cuts and lacerations to the top of his head (grass and glass had to be removed from his scalp), and conjunctival hemorrhages in both eyes.
The plaintiff had to undergo extensive medical care, including open reduction and internal fixation with grafting of the right radius fracture, open reduction and percutaneous pinning of the right distal radial ulnar joint dislocation, and open reduction of the right elbow dislocation, with application of a long-arm cast.
The plaintiffs presented an economic loss claim based on the impact that the plaintiff's injuries had on his law practice and the value of the plaintiff's previous lost household services. The plaintiff was still engaged in the active practice of law at the time of the settlement, and was in the process of rebuilding his book of business.
Amos Gern resolved the case following an arbitration hearing.
