Overview

Oatley Vigmond represented a construction worker who sustained a traumatic brain injury after the pickup truck in which he was a passenger lost control and rolled over on a rural highway. After litigation involving the impaired driver, a bar, a hospital, and the client’s accident benefits insurer, the claims were resolved for more than $5,500,000.

Key Takeaways

  • Settlement amount: More than $5,500,000
  • Accident type: Motor vehicle rollover collision
  • Primary injury: Traumatic brain injury
  • Additional injuries: Dementia and severe cognitive impairments
  • Resolution method: Settlement
  • Notable legal issues: Claims against the impaired driver, the bar where the driver had been drinking, the hospital, and the accident benefits insurer
  • Medical treatment: Intensive care hospitalization; ongoing treatments required to support quality of life
  • Long-term impact: Unable to work or care for himself due to permanent cognitive impairments

The Case

Our client, a construction worker, was a passenger in a pickup truck that lost control and rolled over on a rural highway. The driver was intoxicated at the time of the collision, and our client sustained a traumatic brain injury.

Several days later, while receiving treatment in the intensive care unit, our client was given an overdose of medication that caused his heart to stop. Following these events, he developed dementia and severe cognitive impairments that left him unable to work or care for himself independently.

Oatley Vigmond pursued litigation against the driver of the pickup truck, the bar where the driver had been drinking, the hospital where the medication overdose occurred, and the client’s accident benefits insurer. The claims were successfully resolved for more than $5,500,000. The settlement recognized the client’s need for significant ongoing treatment to support his quality of life.

Why It Matters

This case involved claims arising from both a serious motor vehicle collision and subsequent medical treatment. It illustrates how multiple parties may become involved in complex litigation when separate events contribute to a person’s injuries and long-term condition.

The settlement also reflects the profound impact that a traumatic brain injury and severe cognitive impairments can have on an individual’s ability to work, live independently, and require ongoing treatment throughout their life.