Case Studies

Zackery Lystedt Law

On May 14, 2009, Washington Governor Christine Gregoire signed the nation’s toughest return-to-play law, requiring medical clearance of youth athletes suspected of sustaining a concussion, before sending them back in the game, practice or training. The new law (House Bill 1824), known as the Zackery Lystedt Law, prohibits youth athletes suspected of sustaining a concussion from returning to play without a licensed health-care provider’s approval…
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Premises Liability: Falling Merchandise and Head Injuries

Because Nelson Langer Engle specializes in head injury and related cases, the firm has handled a number of matters involving falling merchandise. One such case involved Brian Pekowski*, who was injured in a Home Depot store when a worker attempted to retrieve some merchandise from a highly-stacked shelf which ultimately fell on Mr. Pekowski’s he…
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Brain Injury, Loss of Consortium Damages and Settlement Annuities

Lillia Smith*, a married 37-year old with three children, worked as a pediatric nurse. Her vehicle was rear ended by a dump truck, causing her injuries including traumatic brain injury, spinal lesions, urinary incontinence, tinnitus, and a loss of libido. Ms. Smith was unable to return to work. In this case, as many, also appreciably victimi…
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Brain Injury with Settlement in Excess of the Available Insurance Coverage

Joy Knight*, a partially-sighted disabled individual who uses a white cane, was struck while crossing the street. She was knocked to the pavement and taken by ambulance to Harborview Medical Center. As a result of her brain injury, she required a craniotomy and experienced a cognitive disorder. The accident also resulted in temporomandibular joi…
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Second Impact Syndrome: Head Injury in Athletes

The Problem Brandon Schultz, a 16-year old high school athlete in Anacortes, Wash., sustained a blow to the head during a school football game. The following week, before he had healed from the first concussion, he played football again. After a seemingly harmless tackle, Brandon collapsed and fell into a deep coma. Doctors performed emergency …
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Lystedt v. Tahoma School District
-Brain Injury as a result of middle school football game
Resolution: $15,000,000 Passage of Zackery Lystedt Law

Holschen v. Odom and State of Washington
- TBI and Wrongful death as a result of cable barrier failure on I-5 near Marysville
Resolution: $9,000,000

Rader v. Fogelquist, and King County Dept. of Transportation
- Brain injury, shoulder fracture, staph infection as a result of KCDOT negligence
Resolution: $5,500,000

Snow v. Samuel
-Head trauma, 18 month old falls through apartment railing as result of landlord negligence
Resolution: $800,000

Confidential v. Allied Insurance (Underinsured Motorist claim)
-Brain injury to attorney as a result of underinsured motorist negligence in Snohomish County
Resolution: $1,500,000

Mitchell v. Confidential
-Motor Vehicle Crash, rear ended, head trauma, cognitive difficulties
Resolution: 100,000 liability, 100,000 uninsured motorists

Daigle v. Confidential
-Bicycle v. Pedestrian, head trauma, cognitive difficulties
Resolution: Policy limits

Sorensen v. Vanee Livestock
-Brain injury as a result of multiple car pile-up on I-5
Resolution: $3,830,000

Schultz v. Anacortes School District
-Brain Injury as a result of Second Impact Syndrom at high school football game
Resolution: Confidential multi-million dollar settlement