The 75-year old plaintiff was struck from behind at a high rate of speed by a full size pick-up truck after he slowed for backed up traffic.
Liability was never contested, as the defendant left a note for the plaintiff at the hospital, in which he admitted fault for the accident and expressed remorse. The plaintiff suffered multiple internal injuries, spinal fracture and a traumatic brain injury. Prior to the accede, he had been extremely active and was performing daily farm work. He made an exceptional physical recovery and discontinued treatment for his cognitive impairment. No specific future medical treatment could be attributed to the accident even though plaintiff’s physicians agreed the trauma exacerbated pre-existing conditions. The case settled for available coverage limits, which included both liability and umbrella policies maintained by the defendant’s parents.