Clyde & Co obtains defense verdict in Washington traumatic brain injury case

On January 17, 2025, Senior Counsel Melissa Gardner obtained a defense verdict in Pierce County, Washington, following a two-week jury trial.

Gardner was supported by Associate Matthew Epstein and local counsel for one of the Defendants. 

During the trial, the Plaintiff alleged that she sustained a traumatic brain injury (TBI), which caused numerous vision impairments, including visual snow, when she was rear-ended by the Defendant, who was working at the time of the accident. The Plaintiff also claimed neck and back injuries, permanent pain and suffering, and loss of normal life.

At the conclusion of trial, the Plaintiff asked the jury for an award of $982,565. The jury deliberated for almost seven hours before rendering a complete defense verdict indicating that the Defendant was not negligent for the proximate cause of the Plaintiff’s injuries.

Clyde was engaged shortly before trial on behalf of the excess carrier. At trial, the Defense argued that their clients were not the sole proximate cause of the accident. Rather, the Defense plead an affirmative defense for contributory negligence and named an unknown driver as a non-party at fault who made an illegal u-turn causing a sudden emergency stop. The Defense also argued that the Plaintiff’s claimed injuries were unrelated to the subject accident through their neuropsychologist expert, who opined that the Plaintiff did not suffer a TBI given the delayed onset of symptoms.