Plaintiff was walking through the Home Depot parking lot when defendant, after backing out of a parking space, made a “U-turn” and struck plaintiff, knocking her to the ground. 

Plaintiff sustained bruises and abrasions to her elbow and knee. Additionally, although plaintiff’s head struck neither the car nor the ground, she sustained a whiplash injury and traumatic brain injury. 

As a result of her brain injury, plaintiff experienced headaches, anxiety, sleep disorder and memory problems. Despite medical treatment, plaintiff’s cognitive symptoms persisted, with some improvement, for years after the accident.  While she was able to resume work and attend to activities of daily living, she mai n tained difficulties that she had not experienced before the accident. 

Defendant retained a neurologist and neuropsychologist who evaluated plaintiff and reported that the plaintiff had not sustained a brain injury and did not have symptoms consistent with brain injury. Defendant also conducted surveillance, which showed the plaintiff engaging in activities that defendant contended were not consistent with injury. 

However, plaintiff’s medical experts and factual witnesses indicated that plaintiff’s cognitive problems were ongoing, permanent and the product of the parking lot collision. Plaintiff’s medical bills totaled $24,123.01. 

At the mediation of the claim, the insurance carrier’s adjuster represented that they possessed a maximum of $150,000 to settle the claim. The mediation concluded early that day but the mediator continued to facilitate negotiations between the parties. The matter settled eight days later for $500,000. [15-T-132]