Uninsured motorist claims were asserted on behalf of the plaintiffs against the automobile insurance policy on the vehicle in which they were passengers. None of the victims had a personal automobile insurance policy at the time of the accident. Therefore, they could all pursue uninsured claims against the substantial uninsured motorist benefits policy on the minivan.

Plaintiff #1, a sixty-nine year old women previously healthy, independent woman, suffered a liver laceration with internal bleeding. She spent three days in an intensive care unit, after which she was discharged home. Remarkably, she recovered from her personal injuries with one month of the accident. However, during her recuperation, she began to exhibit subtle changes in her mental status indicating brain injury. She became forgetful, confused and disoriented. Over the next six months she exhibited signs of profound dementia which resulted in her having to move in with her children.

She came under the care of a gerentologist, geriatric psychiatrist and neuropsychologist who all felt that she suffered post-traumatic stress disorder which triggered acute onset of dementia. They also stated that as a result of the accident, she will require 24 hour assistance with activities of daily living.

The personal injuries of the five other car accident victims included a variety of orthopedic and self-limited neurological injuries. All of the cases settled following direct negotiations with the uninsured carrier.