Representative Cases

Robert K. Seymour v. Locke and The Hoover Co., Inc. (car accident resulting in brain injury)

Robert K. Seymour v. Locke and The Hoover Co., Inc. Davidson Circuit No. 99C-515 Filed 02/24/99 - Settled 06/12/00

CONCRETE TRUCK COLLISION CAUSES MILD HEAD INJURY---$200,000 DAVIDSON COUNTY SETTLEMENT

The plaintiff, a 60 year-old steel guitar repair man, was driving a Chevy Blazer home from work, with his wife riding as passenger. As the plaintiff approached a busy intersection a 72,00-lb., fully loaded concrete truck pulled out in front of him. The collision was nearly head-on at an impact speed estimated by the defendant's accident reconstructionist of 25 to 30 miles per hour. Plaintiff testified that he could not avoid a collision by steering around the concrete truck. Witnesses stated that weather conditions were poor due to rain and fog. Nevertheless, the plaintiff did not have his headlights "on" at the time of the wreck. The concrete truck driver claimed that he could not see the plaintiff's SUV prior to making his turn because of mist and rainfall obscuring his view of the roadway.

During discovery, the plaintiff requested maintenance logs, time cards, the company's Safety Policy, the driver's personal file, and all delivery tickets indicating where the driver had loaded concrete during the hours preceding the wreck. The maintenance logs indicated that the truck had been in operation during that day longer than the legal limit. Moreover, the time cards showed that the driver had worked longer hours during the preceding day than the legal limit for proceeding day than the legal limit for commercial vehicle operator. The personnel file revealed two previous property damage accidents which were not investigated by the company prior to hiring the driver had not taken a respite for nice hours preceding the wreck, in violation of state and federal trucking regulations.

Following the collision, the plaintiff lost consciousness for approximately 10 seconds. His wife woke him up and noticed that his forehead had stuck the sun visor. Neither the plaintiff nor his wife were wearing seat belts at the time of the wreck. He remained disoriented until he arrived at the emergency room an hour later. A CT scan and neurological exam were interpreted as normal, and the hospital discharged the plaintiff on the same day with head injury instructions. There were no broken bones or severe lacerations. He followed up with his treating neurologist who diagnosed post-concussive syndrome. Despite the administration of anti-depressant medication, the plaintiff continued to experience some minor memory loss, attention and concentration difficulties, and headaches.

The Plaintiff retained a Rule 26 neurologist, a neuropsychologist, and a vocational expert. Both the neurologist and neuropsychologist opined that the plaintiff suffered very mild cognitive dysfunction that was permanent. The vocational expert opined that the plaintiff was 100% occupationally disabled as a result of the cognitive deficits. The plaintiff's age was a major factor in all of the opinions, because the medical literature supported their contention that the plaintiff was more susceptible to permanent head injury due to his age.

The concrete company retained a Rule 26 neurologist who opined that the plaintiff was experiencing ischemic attacks (mini strokes) in the brain, which was the only cause of his cognitive disorder. The plaintiff did have a pre-existing coronary ailment that was treated by anti-coagulation drugs and angioplasty. The company also contended that the plaintiff was at fault for failing to have his headlights "on" in the rain at the time of the wreck. Two weeks before trial, the parties settled the case for $200,000. Seymour v. Locke and Hoover Company, Inc., No. 99C-515, Davidson Circuit; Clinton L. Kelly and F. Dulin Kelly TTLA for Plaintiff.

Attorneys at Law
629 East Main Street
Hendersonville, TN 37075
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