A high-speed interstate accident allegedly in Gaston County, NC caused a significant head injury to the plaintiff’s passenger. The plaintiff, Mary Jo Lindquist was a restrained passenger in a vehicle driven by her spouse. They were traveling on an interstate when they slowed for traffic stopped because of an accident ahead. They were barely moving or had stopped when a vehicle, driven by Mr. William Litaker, the defendant, hit them from behind at 70 mph. Mr. Litaker admitted liability for causing the accident and could not remember whether he fell asleep or looked away.
Mrs. Lindquist, a 60 year old married woman, who worked as an accountant, hit her head in the impact and sustained a concussion in which required six months of treatment, as well as impaired vision as a result of PVD or floaters. She said she would require one or two future surgeries to remove the floaters. Her husband sustained back injuries in the accident and filed a separate claim for his injuries. The husband’s claim settled for an undisclosed amount. The plaintiff sought economic non-economic damages.
The Defendant disputed some of plaintiff’s residual concussive complaints as preexisting and argued that the plaintiff probably would never have the eye surgeries as most people learned to live with floaters rather than have surgery.
The parties ultimately settled the claim for $45,000 prior to trial on April 2nd,2010, but the plaintiff settled against the advice of her attorney and this settlement was not an accurate reflection of the value of the case.