Jury awards $2,000,000 in 5 m.p.h. auto-pedestrian collision; pre-existing diabetes and hospitalized two weeks prior to accident; despite defense videotape, the Life Activity Calendar validated plaintiff’s loss of quality of life.
Robert W. Johnson & Associates was retained to prepare a LIFE ACTIVITY CALENDAR that would be used to counter the defense videotape which
claimed to show no change in plaintiff’s normal activities (post accident).
Location: Middlesex, Massachusetts
Case: Sloan v. Friendly
Court: Middlesex County, Massachusetts, No. 93.
Plaintiff’s Attorneys: Attorney Robert J. Bonsignore, Medford, Massachusetts.
Case Synopsis: Ms. Sloan, a 58-year-old administrative assistant, earning $34,000 per year, was attempting to cross a street. She emerged from between two cars and was struck by a Friendly Fruit truck traveling at 5 m.p.h. She suffered a moderate closed head injury that resulted in depression and cognitive problems. Past medicals were stipulated at $158,000. The defense contended that: (a) since Ms. Sloan had lived alone for 2 ½ years (post accident) her claim for assisted living care was false and (b) that their investigator’s videotape would show her engaging in normal activities.
Trial Presentation: The LIFE ACTIVITY CALENDAR, which was designed to illustrate the plaintiff’s loss in the quality of her life, was utilized extensively during testimony by three different witnesses. Initially, during the plaintiff’s testimony, the LIFE ACTIVITY CALENDAR was introduced to graphically depict her activities before the accident and activities which had been eliminated or reduced in frequency post- accident. Next, her treating doctors testified and corroborated Ms. Sloan’s testimony. Lastly, although called as a defense witness, the Independent Medical Examiner (I.M.E.) doctor on cross examination further verified the accuracy of the LIFE ACTIVITY CALENDAR in detailing activities that were reduced or eliminated post-injury.