A young theater intern, 22, was walking across the intersection of 42nd Street and Ninth Avenue in Manhattan when she was suddenly struck by the rear gate of a passing flatbed truck which had flown open because it had been improperly secured by the driver.
Initially, the plaintiff was treated and released by the hospital where she was treated for minor dental injuries and a concussion. However as the weeks passed, she felt funny and spaced out frequently. After several attempts she finally found a neurologist who diagnosed traumatic epilepsy which was directly caused by the accident.
At trial, Paul Dansker was able with the assistance of exceptional experts to prove that not only was the epilepsy caused by the accident but it was permanent and progressive, meaning getting progressively worse and was not able to be effectively treated for any length of time by existing medications.
NOTE: It was an exceptionally good result given the fact that the plaintiff at the time of trial showed no signs of obvious injury or impairment and looked completely recovered.