Langdon & Emison successfully resolved a lawsuit against a company that had not selected their transport vendor with care – this sloppiness led to a near-fatal accident that led the firm’s client, Shohny Munz, to have permanent injuries including a traumatic brain injury (TBI).
Langdon & Emison attorneys Bob Langdon, Adam Graves and Mark Emison led the team in this piece of litigation.
After an arduous 15-day shift working as a towboat cook, our client was driven by an employer-provided van at the end of the shift. After the driver lost control of the van, it rolled over several times. The driver of the van was determined to be driving “too fast for conditions,” and the police report noted that there were no other contributing traffic conditions and that the driver’s view was not obstructed.
Utilizing experts, the firm was able to successfully argue that the forces exerted on her head would easily cause a TBI. The firm was also able to show that the employer owed more of a responsibility to its employees than it exhibited in this matter, and that the defendant did not do its due diligence in selecting their transport company for its employees. They also were able to call into question the driving safety record and criminal record of the driver of the van, showing previous arrests and drug possession.
Ms. Munz sustained numerous injuries as a result of this accident. These included multiple concussions, a large laceration extending from the right side to the back of her head, several cuts and abrasions from the glass and impact, breathing difficulties, injuries to both knees and her tailbone, a fractured hip and pelvis, five broken ribs, a compression fracture of T10 vertebrae, and several other significant injuries.
Due to Langdon & Emison’s extensive experience in TBI cases, the legal team was able to show that the client’s long-term medical needs would include daily headaches for which over-the-counter medications would not relieve the pain. Additionally, the diffuse axonal injury and scars on her head from the collision were evidence that Shohny would be living with the accident for the rest of her life.
Experts in the case showed how the upper and lower back injuries, additionally, would permanently limit the use of her back, and that her ability for physical activity and work would be severely impaired.