The Plaintiff claimed permanent post-traumatic headache syndrome following a head-on motor vehicle accident. The Defendant admitted that he was traveling above the speed limit and caused the accident after hitting black ice and skidding into the Plaintiff’s vehicle. The Plaintiff’s head shattered the windshield, resulting in black eyes. The Plaintiff had one prior episode of a severe headache three years before this accident and at that time, temporal arteritis (severe pressure in the temporal artery) was the differential diagnosis. The defense argued that the Plaintiff’s headache syndrome was not caused by the accident, but rather was a recurrence of her pre-existing temporal arteritis. The jury returned a verdict in favor of Plaintiff for $100.

Tried
September 2004