Nurse Gets $8M for Brain Injury From Car Accident With Drunk Driver

Bradley/Grombacher, LLP • January 29, 2018

An environmental services company agreed to pay $8 million to settle the claims of a nurse who alleged she was hit by a drunk employee of the company.


The plaintiff, Linda G., alleged that she suffered a traumatic brain injury in the 2014 car accident and will no longer be able to work as a nurse. The lawsuit says that an employee of Clean Harbors Environmental, Cary D., got drunk after consuming a bottle of alcohol in a hotel room while on a work trip and then got in a company pickup to go to a restaurant.


According to the lawsuit, the plaintiff was rear-ended in her Lexus by the pickup and pushed into another car while stopping at an intersection. The pickup traveled another 250 feet after the crash.


While the plaintiff suffered “a mild traumatic brain injury, post-traumatic stress disorder, and soft tissue injuries to her back and neck,” according to a statement from the plaintiff’s attorney, the employee’s blood level was found to be nearly twice the legal limit.


“Our client sustained a closed-head injury, traumatic brain injury, and resulting symptoms from the brain injury,” a statement from the plaintiff’s attorney read. “She has lost her ability to earn a living and has trouble doing normal daily activities we all take for granted.”



According to the lawsuit, Clean Harbor had been contracted to work in the area. Its employees were staying at an extended-stay hotel and the hotel clerk had been instructed to provide keys to the company pickup upon request.


“Clean Harbors completely failed to do that with respect to the (F-250 pickup), opting instead to give the keys to a hotel clerk who did not even work for Clean Harbors,” alleged the lawsuit.


The employee agreed to a plea deal regarding criminal charges related to the drunk driving accident.


Further, according to the lawsuit, Clean Harbor employees had been killed in an unrelated drunk driving accident in 2013.


The plaintiff alleged in her lawsuit that she suffered catastrophic personal injuries, including the brain injury and back and neck injuries, as well as emotional trauma and lost earnings. The lawsuit went to trial, but before the jury began deliberating, the parties settled the case for $8 million.


Catastrophic Personal Injuries


Catastrophic personal injuries can be devastating. People who suffer these injuries may need a lifetime of medical care. They may also suffer lost earnings and even a shorter life expectancy. In addition to brain injuries, catastrophic personal injuries include broken bones, amputations, disfigurement, burns, and spinal cord injuries.


It may be possible to file a lawsuit for catastrophic personal injuries that occur because of the recklessness or negligence of another person or party. Those injured and their loved ones can claim damages in a personal injury lawsuit that can help they pay for medical care and other expenses. They can also claim damages for future expenses, including lost earnings.


If you or a loved one suffered a brain injury or other catastrophic personal injury at the hands of another, contact the attorneys at Bradley/Grombacher to evaluate your claim.


Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit.


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At Scanes Yelverton Talbert, LLP, we believe that if you are questioning whether you have a case against your current or former employer, your first step should be to seek legal guidance. The best way to get started is by visiting our website for more information and filling out our online form to connect with our attorneys. Many of these potential claims fall under the Americans with Disabilities Act (ADA), which encompasses three distinct types of claims: disability discrimination, failure to accommodate a disability, and retaliation—where an employer takes adverse action against an employee for complaining about discrimination or requesting accommodations. Many of our cases involve ADA claims, which often intersect with claims under the Family and Medical Leave Act (FMLA). While both address medical-related workplace issues, they serve different purposes. The FMLA applies when an employee needs to take time off work due to a medical condition. In contrast, ADA claims generally arise when an employee can continue working but requires a reasonable accommodation. Another common claim we handle is workers' compensation retaliation. This occurs when an employee is injured on the job, files a workers' compensation claim, and then faces retaliation from their employer—an illegal action. These are just a few examples of the cases we deal with daily. We also frequently handle cases under Title VII of the Civil Rights Act, which protects employees from discrimination based on race, religion, sex, national origin, and color. If an employee experiences discrimination on any of these grounds, they may have a valid claim. Additionally, a retaliation claim may also be pursued if an employer retaliates against an employee for taking protected action—such as reporting discrimination to their employer or the Equal Employment Opportunity Commission (EEOC). At Scanes Yelverton Talbert, LLP, we are dedicated to defending those facing unjust treatment at work. Understanding your rights is the first step toward justice, whether you're facing discrimination, retaliation, or an employer unwilling to provide reasonable accommodations. We encourage you to visit our website for more information and to fill out our online form to connect with our attorneys. Our team is here to help you explore your legal options and determine the best path forward.
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