On August 19, 2002, plaintiff Kim Rasmussen, was operating at his 1997 Ford F-250 pickup truck on Eureka Road near sunrise Boulevard in Roseville, California. Plaintiff had earlier been shopping at a Sam's Club, and had departed the Sam's Club parking lot and was driving on Eureka Road in order to return home via Interstate 80. Traffic on Eureka Road was stop and go. Mr. Rasmussen testified that due to stopped traffic immediately in front of his vehicle, he safely brought his Ford pickup truck to a stop. With his vehicle at stop, Mr. Rasmussen, enjoying the good weather, was looking to his left out the driver side window.

Unbeknownst to Mr. Rasmussen, defendant Bruce Robert Shade had also been shopping at Sam's Club and had departed the Sam's Club parking lot immediately behind plaintiff's vehicle. Mr. Shade was operating a 1999 Dodge Durango sports utility vehicle. Mr. Shade testified that after entering Eureka Road, he was traveling approximately 2 car lengths behind Mr. Rasmussen's vehicle. Mr. Shade further testified that due to the stop and go nature of the traffic, and the downhill grade of Eureka Road, his maximum speed was no more then 3 to 7 mph.

While Mr. Shade searched for a piece of gum he had dropped in his lap, Mr. Shade's Dodge Durango rear-ended plaintiffs Ford pickup truck. Mr. Shade testified that due to the downhill grade of Eureka Road, he had only lifted his foot off of the brake pedal (without accelerating) immediately before impact occurred. Total damage to plaintiff's Ford pickup truck was less than $500. The police were not called. The plaintiff drove from the scene of the accident in his Ford pickup truck.

Unfortunately, this seemingly minor rear end automobile accident caused profound injuries to Mr. Rasmussen. Because Mr. Rasmussen was looking out his left side window, rotational forces were brought to bear on Mr. Rasmussen's head and brain. Thy diffuse axonal shearing occurred of from the saddened acceleration and deceleration forces involved. When Mr. Rasmussen's head struck the headrest in the Ford pickup truck, and then went on to move forward in a rotational movement, the forces microscopically caused axonal shear to numerous axons with in Mr. Rasmussen's brain.

And so with the above factual scenario in mind, ask yourself what the best manner of presentation of these issues would be to a prospective jury. Given that this accident involved seemingly minor forces resulting from an everyday accident in, how would you demonstrate to a jury exactly what happened to Mr. Rasmussen's brain as a result of the rear end impact? The demonstration which follows is part of the actual trial demonstration utilized by Mr. Scarlett during the trial of the case. It is important to understand that before the demonstration was utilized, several hours of foundational testimony were given by a biomechanical expert. This testimony first established the vehicle dynamics, including the delta V. computations. Secondly, the testimony established the human body dynamics, including the forces working upon Mr. Rasmussen's body at impact. Lastly, the testimony established that the forces experienced by Mr. Rasmussen were of a sufficient level so as to cause injury to the human brain. In the brain gel demonstrative evidence used during this trial was the first of its kind in the nation. Mr. Scarlett was the first attorney in the United States to use in the brain gel evidence during trial. I think that you will agree this demonstrative evidence was extremely forceful in assisting the jury to understand Hal seemingly minor forces could result in catastrophic injury and harm.

After Mr. Scarlett's biomechanical expert determined the vehicle dynamics and the human body dynamics, the expert was in a position to reenact the forces, together with rotational impact upon a skull containing brain gel. Accordingly, the front seat from plaintiffs Ford pickup truck was removed from the truck itself. Mr. Scarlett's expert utilized a high-speed camera, together with the skull containing brain gel, along with an accelerometer in order to demonstrate what the rear and collision, and forces resulting therefrom, did to plaintiffs brain upon impact with the seat back. Click on the brain and dynamic testing presentation here in order to see the demonstrative evidence used at trial .

Traumatic brain injury or a closed head injury can occur when the head is subjected to a direct external impact. Likewise, injury can occur when the head is subjected to a sudden acceleration and then is suddenly stopped. A sudden acceleration/deceleration often follows a violent flexion – extension movement of the head. This response is extremely common in rear-end vehicle collisions.

 

Claude Herndon

Scarlett Law Group represented Claude Herndon as a result of traumatic brain injury which occurred when the stool upon which Mr. Herndon was sitting fell into a concealed hole in the casino floor, causing Mr. Herndon to be propelled forward where he hit his head upon the casino's slot bank table. First, accurate photographs were taken of the actual location of the fall. Friction measurements were taken of the table top, together with appropriate documentation of the concealed hole and stool.

Jamil Keegan

The Scarlett Law Group likewise represented Mr. Jamil Keegan after he sustained a traumatic brain injury from a construction site accident. Mr. Keegan's shirt was caught by pipe then being threaded in a pipe threading machine. The operator was oblivious to the problem experienced by Mr. Keegan as his shirt became entangled with the pipe, wrapping tighter and tighter, before Mr. Keegan was thrown over, striking his head on the concrete workplace floor. The Scarlett Law Group obtained an identical pipe threading machine, and in essence, reenacted the accident.

Rasmussen v. Shade

On July 7, 2005, in Rasmussen v. Shade, et al., SCV 14935, Placer County Superior Court, Lincoln Division, the jury reached it's Verdict awarding Kim Rasmussen $1,248,024.00 as a result of injuries he sustained in a relatively minor rear end automobile accident occurring in Roseville, California. On August 19, 2002, Plaintiff Kim Rasmussen, was operating his 1997 Ford F-250 pickup truck on Eureka Road near Sunrise in Roseville, CA. Defendant Bruce Robert Shade caused his 1999 Dodge Durango to rear end plaintiffs' pickup at about 7mph - 12mph. Plaintiffs truck sustained $498.00 damage to the rear bumper. Despite the relatively minor property damage, counsel was able to establish that the rotational forces were sufficient to cause Mr. Rasmussen to sustain a traumatic brain injury. Leading experts throughout the United States testified on behalf of Mr. Rasmussen, and the Jury's Verdict should ensure that he receives the future medical care he so desperately needs.

Shi v. Coach

On April 7, 2005, plaintiff Celia Shi's life was forever altered when a COACH USA Grey-Line Tours Bus made an illegal left-hand turn striking Ms. Shi in the crosswalk.

After being struck by the tour bus, Ms. Shi was thrown to the ground and sustained skull factures with internal bleed. Ms. Shi underwent four life-saving surgeries with the expert neurosurgical team at San Francisco General Hospital, led by renowned neurosurgeon Dr. Geoffrey T. Manley.

If you or someone you know has been injured

or suffered Traumatic Brain Injury or TBI,

you need the assistance of The Scarlett Law Group.

Call 800-262-7576

today to speak with a California Personal Injury Attorney.