Lloyd Davidson vs. Strawberry Petrolium, Inc.

This was a motor vehicle crash between a semi tanker truck and a pick up truck. The plaintiff was rear ended by the semi, and pushed into another semi stopped ahead. There was no loss of consciousness by the plaintiff. Prior to the crash, the plaintiff had virtually no prior wage history. He was a self employed handy man who worked at his families day care center.

The defense contended that since there was no loss of consciousness, there could not be any brain injury. Also, that since he had never earned wages in the past, that he should not be entitled to any future loss of earnings, or earning capacity.

The defense had a defense neuro-psychological exam done on Mr. Davidson, and the defense psychologist attempted to use a psychological test know as the Fake Bad Scale. The Fake Bad Scale attempts to tell us when people are malingering, or not telling the truth.

Our motion to exclude the Fake Bad Scale test was granted. The court found that the Fake Bad Scale test was not scientific, was unreliable, and was basically a modern lie detector test, and therefore not admissible as evidence.

The trial lasted 4 days. Most of the witnesses were medical doctors who testified about injuries caused by the crash.

The jury was shown a PET scan of the brain, as well as a SPECT scan of the brain. The jury also heard from neurologists, and psychologist that Mr. Davidson had received a "Mild Traumatic Brain Injury" which is difficult to detect, but still a very real injury, that will never improve with time.