In an auto accident civil case resolved recently, a driver had a seizure and collided with another car. As a result of this car crash, a 47-year-old-man incurred a spinal cord injury at T9-10 that caused paraplegia.
The central issue in this auto accident case was determining liability for the accident.
- The defense attorney argued that the crash resulted when the defendant had a sudden and unexpected seizure.
- The plaintiff’s attorney countered that the seizure was not unexpected because the defendant had a history of a brain tumor and resection surgery.
- The defense attorney then pointed out that the defendant had been seizure-free for more than a year prior to the accident. The defense attorney also called attention to a medical clearance to drive from defendant’s neurologist.
- The plaintiff’s attorney called attention to the defendant’s post-surgery encephalomalacia, (a particular softening or loss of brain tissue) which carries a risk of seizures.
The plaintiff’s attorney was planning to introduce information gleaned from multiple focus groups discussing liability. [Read more…]