The plaintiff, a forty-five year-old Massachusetts State Police Trooper, was a front seat passenger in a vehicle operated by his son, when he was struck by a second vehicle that had violated his son’s right of way. The force of the impact caused the plaintiff to strike his head inside the vehicle resulting in a brief loss of consciousness. Upon arrival of emergency personnel the plaintiff was found walking outside of the vehicle, in a daze.
Based on the plaintiff’s symptoms, the plaintiff was transported to a level one trauma center where a CT scan of his brain confirmed intracranial hemorrhage. The plaintiff also complained of severe neck and should pain.
The plaintiff was admitted to the hospital so that physicians could monitor his brain bleed. He was discharged from the hospital with an Aspen collar and ordered to restrict his all neck movement. The plaintiff was also totally disabled from his work as a Massachusetts State Police Trooper for seven months due to his injuries.
The plaintiff’s intracranial hemorrhage resolved without the need for surgical intervention. His neck and shoulder pain persisted for some time, but gradually improved with a course of physical therapy and chiropractic treatment.
The defendant argued that the plaintiff made a full recovery after seven months and was cleared to return to his full time and unrestricted work duties with the Massachusetts State Police, which would not support a significant damage award at trial.
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