$3,750,000 Motorcycle Accident – Motorcyclist suffers facial fractures, concussion and loss of vision in one eye
Injuries: Facial fractures, concussion, loss of vision in one eyeCourt: Withheld
Attorney: Ronald E. Gluck, Esq. Breakstone, White & Gluck, P.C. Boston (For the plaintiff)
Date: February 2, 2012
The 37 year old male plaintiff was operating a motorcycle and suffered major facial fractures, a concussion, blindness in one eye and orthopedic injuries when the defendant operating a company-owned Lexus, cut into plaintiff’s lane causing him to slam face first into the side of the Lexus. The plaintiff underwent two facial reconstruction surgeries following the motorcycle accident. He was left with no facial disfigurement with the exception of a small scar near his lip. However, in the course of one of the facial reconstruction surgeries, plaintiff’s left optic nerve was damaged, causing legal blindness in that eye.
Despite his eye injury plaintiff is able to drive and engage in most of his usual activities of daily living as it relates to his vision. However, plaintiff is limited in some of his activities of daily living due to ongoing pain related to his orthopedic injuries suffered in the collision.
At the outset of the litigation the defendant driver denied that she was at fault or that she her driving was a substantial contributing cause of the collision. During the defendant’s deposition, however, it was established that the defendant crossed over three lanes of traffic without giving any warning that she intended to do so and that she cut off the plaintiff who was riding his motorcycle below the speed limit squarely in his lane of traffic. The defendant’s claim that she was not at fault was proven to be false.
The plaintiff, a high school graduate, had risen to become a network engineer and was earning approximately $95,000 per year at the time of the motor vehicle collision. While plaintiff is unable to return to work as a network engineer due to his injuries, it is likely that he will be able to work in some capacity. The degree of his loss of earning capacity was disputed by the parties.
As a result of his concussion, plaintiff was diagnosed with mild cognitive deficits by his neuropsychologist. This diagnosis was disputed by defendant’s expert who was prepared to testify that while plaintiff suffered serious injuries, there was no evidence that he suffered from any cognitive deficits.
In addition to the surgeries which he underwent to repair the facial fractures, plaintiff also underwent arthroscopic surgeries on his shoulder for a torn labrum and his ankle for nerve pain which persisted following the motorcycle accident. Plaintiff also suffered from depression resulting from his inability to resume his career and to engage in recreational activities such as ATV riding and playing basketball. Plaintiff is able to exercise at a gym, live independently, do household chores such as minor yard work, cleaning and cooking and care for his daily needs.
The motorcycle accident case settled at the end of a full day mediation which took place two weeks before the scheduled trial date.