The Court of Appeals of Indiana recently affirmed a significant jury verdict in a traumatic brain injury (TBI) case, a decision with important implications for personal injury law in our state. The case, Lawson v. McClendon, highlights the court’s willingness to uphold substantial damage awards when a clear link is established between a negligent act and severe, long-term harm, even when the injury’s full extent wasn’t immediately obvious.
The Case: From Rear-End Collision to a Life-Altering Injury
The plaintiff, Cecil McClendon, Jr., a 77-year-old retired science teacher and Air Force Captain, was rear-ended at a stoplight by Rick Lawson, an employee of MGM Automotive Repair, Inc.. While the collision occurred at a low speed, Mr. McClendon was diagnosed with a concussion, a form of TBI, at the hospital.
Shortly after the accident, Mr. McClendon’s family began to notice a rapid and concerning decline in his cognitive abilities and behavior. His confusion worsened, his personality changed, and he began to exhibit aggressive and unsafe behavior, including getting lost while driving and brandishing an unloaded handgun. Less than a year after the crash, his family had to place him in a nursing home.
Lawson and MGM conceded their liability for the collision itself but argued that Mr. McClendon’s dementia was caused by Alzheimer’s and not the accident.
The Role of Expert Testimony
At trial, a neuropsychologist, Dr. Polly Westcott, testified that it was “more probable than not” that the traumatic brain injury from the accident caused Mr. McClendon’s rapid-onset dementia. She ruled out Alzheimer’s because of the sudden and swift nature of his decline, which was not consistent with the typical “slow decline” seen in that disease. She also noted that his advanced age made him more susceptible to such a severe outcome from a TBI.
Lawson and MGM’s experts countered that Mr. McClendon had made a full recovery from the concussion and that his cognitive decline was due to Alzheimer’s. However, the jury sided with Mr. McClendon, awarding him $3.7 million in damages.
The Court of Appeals Affirms the Verdict
Lawson and MGM appealed, challenging the jury’s findings on both causation and the amount of the damages. The Court of Appeals affirmed the trial court’s decision, emphasizing several key points:
- Foreseeability: The court reiterated that a defendant doesn’t have to foresee the specific, severe nature of an injury to be held liable. Since Lawson’s negligent driving caused a concussion—a type of TBI—it was a “substantial factor” in bringing about the resulting dementia, a “natural and probable consequence” of the crash.
- “But-For” Causation: The court found there was sufficient evidence to support the jury’s conclusion that “but for” the accident, Mr. McClendon would not have developed dementia. The court declined to reweigh the conflicting expert testimony, stating that this was the jury’s role.
- Damages Award: The court also upheld the $3.7 million damages award, noting that it was well within the “bounds of the evidence”. The court considered past and future medical expenses, as well as compensation for the immense pain and suffering Mr. McClendon experienced. The court highlighted the tragic loss of his independence, his inability to recognize his wife, and his aggressive behavior, which confined him to a nursing home and a life of mental incapacitation.
What This Means for Personal Injury Claims
The Lawson v. McClendon decision serves as a powerful reminder that not all car accidents are simple fender-benders. A seemingly minor impact can cause a TBI with devastating, life-altering consequences. This ruling reinforces that Indiana courts and juries will hold negligent parties accountable for the full extent of the harm they cause, even when the injury is complex and requires extensive expert testimony to prove.
For anyone who has suffered a TBI in an accident, it is critical to seek legal counsel from an attorney with experience handling these complex cases. If you believe a TBI from a car accident has impacted you or a loved one in Southern Indiana, contact attorney Marc Sedwick today. He has the knowledge and expertise to help you navigate the legal process and fight for the compensation you deserve.