The Barkman v. Adams trial webcast by CVN involved the damages resulting from a vehicle collision involving an SUV and a motorcycle, which ejected the motorcycle drivers into the street. The parties agreed prior to trial that the defendant SUV driver was 100% responsible for the accident. However, the parties did not agree as to the damages.
Both motorcycle passengers were injured, but one had fully recovered, whereas the other suffered permanent coup contrecoup frontal lobe brain injuries that caused a significant change in personality. The plaintiff argue that, because he lost his ability to sequence, organize, and plan, he would never again be a construction supervisor. He had also lost his sense of smell, and, said the plaintiff, would live with anguish, depression, and fear.
The plaintiff requested damages of over $3.5M
The defense argued that the injuries would have been much less severe if the plaintiffs had been wearing helmets. Further, said the defense, the plaintiff's work life had not been shortened by ten years, and his ability to multi-task was not lost.