Partner Carolyn Rankin secured a defense verdict following a nearly eight week long trial in a damages only case in New York Supreme Court, Kings County. Plaintiff Igor Konstantinov alleged to have sustained a traumatic brain injury as a result of a rear-end motor vehicle accident. Plaintiff was awarded partial summary judgment on the issue of liability in 2011 and sought damages in excess of $10 million.

Plaintiff was treated in the emergency room for dizziness, disorientation, and complaints of pain to the neck and back. Plaintiff began treatment one week later for headaches dizziness Insomnia and memory loss by an internist who referred him for psychological treatment, cognitive testing, and cognitive therapy. Cognitive testing showed significant declines in executive function, memory, organizational skills, processing speeds, and verbal communication.

Over five weeks of testimony, Plaintiff submitted evidence of profound deficits as a result of the motor vehicle accident. This evidence included MRI volumetric analysis, diffuse tensor imaging testing, QEEG findings, as well as the testimony of two neuropsychologists, a neurologist, a physical therapist, psychiatrist, and a biomechanical expert. Additionally, the plaintiff’s economist offered evidence of future medical care and loss of earning capacity to be between $3.8 and $6.7 million.

The defense successfully refuted the Plaintiff’s submissions through expert testimony from a neuroradiologist, neuropsychologist, neurologist, orthopedic surgeon, psychiatrist, and biomechanical expert, as well as critical impeachment and demonstrative evidence. Following just under two hours of deliberations, the jury unanimously found that the plaintiff’s alleged traumatic brain injury did not meet the serious injury threshold.