Traumatic Brain Injury (TBI): Closing Statement

Daniel S. Chamberlain, JD

Cohen & Malad, LLP

One Indiana Square, Ste. 1400

Indianapolis, IN 46204

Office – 317-636-6481

Mobile – 317-549-5454

[email protected]

Closing Statement: Traumatic Brain Injury

This case is simply about rules and choices. But, it is also about life. 

It is not really simple. Or maybe it is. Life is not simple. 

The rules and choices were totally out of Janie’s hands. 

Follow the rules on driving trucks. That again, is not Janie’s decision, but the decision of the trucking company and driver. 

Choices to follow the rules. Again, this is not whether the trucking company chose to follow the rules. They did not.

Nothing more and nothing less.

I have to say that ….

Janie did not have a choice about the wreck. 

If she did, she would not have been in the wreck or be in this Court, or in any Court. 

Again, it is about XXX choice to follow rules. The Judge will show you those rules.   

It is also about life and choices.

Life. If you really think about it, that is all we have. 

We live and we die. It is reality. It is what we do in the interim that is most important. From start to finish, it is about our choices. It should not be about somebody else’s choice. A choice that caused harm. 

Whether we are a factory worker, doctor or whatever … we are all the same. 

My Mom said it best … we all put our pants on the same way. She reminds me of that every day. But, that is my Mom. Janie is a Mom too, and her kids told you that Mom is more of a kid than a parent. That is sad, and what a letdown for her child. 

With life you may have a family. Or maybe not. 

If you are lucky enough to have a family, life means even more. 

Janie has a family.

As a Mom she was lucky. 

She provided ….

Support.

Help.

A shoulder to help kids or her husband, John. 

That means a lot.

Sometimes family can be a real pain in the butt. But, if they are a pain in the butt, that means a whole lot. That means people care. Caring is really where it is at. Caring is invaluable

Janie looks fine. 

She is not.

She is simply a different woman, Mom and daughter. 

A person that is a shell of what she used to be.

Imagine 20 years of marriage.

Suddenly, your partner is a different person. 

The person you married is gone. 

That is brain injury. 

That is devastating. 

Unlike cancer, diabetes or anything else, there are potential cures. 

Brain injury. There is absolutely no cure. 

You can’t do anything about it. 

No pill, no medical treatment. 

Period.

A changed person, a lady that can no longer take care of her family. 

Her family does not recognize Janie. She is different. She does not act like she used to. They love her, but they are scared to be around her, to live with her, to pick up the kids at school. 

What do we know about brain injury? We have learned a lot. 

Behavior

Attention

Keeping the checkbook

Going to the grocery store

Remembering doctor visits, or who Janie’s doctor is up in the air depending on the day. Simply can’t remember. 

How about parent teacher conferences? Parents that care show up. Janie simply can’t remember the conferences or how to get to the school. Or picking up at the bus stop …. Simply does not happen.  

It means a lot not only to John, but to his kids. 

There really is no substitute for what we can do for our kids and family. 

Graduations, Weddings, grandkids … life challenges.

But life challenges are governed by rules. 

One of the most interesting rules is marriage. 

We are obligated to follow those rules. 

We are also required to follow the rules about our kids. Take care of them, provide for them, feed them, clothe them, love them.

While we follow the rules, so should transport trucking. 

They are professional drivers.

They have a lot more training than we do that drive cars. 

You may ask yourself why professional truck driver’s have more training.

Simply … they need it. The government requires the training. Class time, driving time, written testing, driving testing, health testing. 

Why? To protect the health, safe and well-being of those on the roadway, including Janie.   

80K pounds on the road. 

That is not only a big rig, but a big deal, a missile on wheels.   

Driving trucks should not hinge on a deal. 

Deals are for others. 

Janie was never asked for a deal. 

If she had been asked, she would have passed on that deal, a deal with her life.

Goodness, 30 million miles in a year is great and we certainly need trucking companies in America. Trucks do not drive themselves and responsible drivers on the roadway are expected … in fact, required. 

But we also need responsible trucking companies.

Trucking companies that understand the rules.

Trucking companies that follow the rules.

Trucking companies that don’t put motorists at risk.

Risk is not Janie’s fault. 

An 80K pound truck hits a car … the truck wins. As we heard, that is physics … well common sense. 

When I say the truck wins, most likely the truck driver, as in this case, is fine. Thank goodness. But, not Janie. 

The only answer is money. 

Does it make up for the harm caused?

Absolutely not. 

But the choice to not follow the rules is simply on XXXX transport.

The only defense that you heard has not been about the driver’s choices, because there is really is no defense, but that Janie really is not hurt that bad and that she does not have a traumatic brain injury. What is their evidence? Not much. A Glasgow Coma Scale (GCS) of 15 and no loss of consciousness (LOC) at the scene. The evidence is clear that neither indicate whether a person suffered a brain injury … at all. That is what we learned about the science and medicine of brain injury.  

Brain Injury is a lifelong, on-going disease process.

Ongoing ….

Disease Process ….

Brain injury gets worse over time.

That is what brain injury is. 

There is no cure.

There is no bandaid

There is no pill

There is no surgery

There is nothing else that Janie can do.

There is nothing anyone else can do to help Janie.

There is nothing anyone else can do to help Janie’s family.

Alteration of Conscious. Yes.

Caused by an external force. Yes.

Brain problems. Yes.

That is a traumatic brain injury.

Well, we talked about money and the Judge will talk with each of you about that. 

The Judge will tell you abou0t the law.

Just like XXXX trucking, you are compelled and required to follow the law. 

The Judge will also tell you that you can not speculate about monetary damages.

There is no reason to do so. 

You simply don’t have to speculate with Janie, because we can’t guess about the value of family. You know it is priceless.