MEG N. JOHNSON, Plaintiff
MONICA L .QUIMBY and RICHARD
trial on plaintiff Meg N. Johnson's complaint against
defendant Richard V. Roberge was held on March 22, 2018.
Plaintiff filed her complaint on September 14, 2017.
Defendant Quimby was served with plaintiff's complaint on
November 2, 2017 and filed an answer on November 13, 2017.
Plaintiff has settled her claims against defendant Quimby and
will file a dismissal.
Roberge was served with plaintiff's complaint October 18,
2017. He did not respond to plaintiff's complaint and his
default was entered on November 29, 2017. Notice of the
hearing was sent to defendant Roberge at his two addresses in
the court's file. One was returned. Plaintiff appeared at
the trial with counsel. Defendant Roberge failed to appear.
of defendant Roberge's default, the facts in the
complaint are deemed to be true. See Ireland v.
Carpenter. 2005 ME 98, ¶ 18, 879 A.2d 35. The
accident involving the car operated by plaintiff and the car
operated by defendant Roberge in Old Orchard Beach on
February 8, 2014 was caused by defendant Roberge's
negligence. (Compl. Count II, ¶¶ 12-17.) The trial
evidence also supports this conclusion. (Pl.'s Exs. 3-7.)
Further, his negligence proximately caused injuries and
damages to plaintiff. (Compl. Count II, ¶¶ 17-18;
Count III, ¶¶ 2-3.) The trial evidence also
supports this conclusion. (Pl.'s Ex. 8 30.) Plaintiff is
25 years old.
at a speed of 40 m.p.h., defendant Roberge rear ended the car
operated by plaintiff. Plaintiff's head hit the steering
wheel and window. Inside car lights fell on plaintiff's
head. She sustained a traumatic brain injury and injuries to
her head, shoulder, neck, and back. Plaintiff was in extreme
pain and was screaming and crying. (Pl.'s Ex. 1, R. 0004;
R. 0046-47; R. 0075; Pl.'s Ex. 8 7.)
result of scoliosis, titanium rods had been inserted in
plaintiff's back in August 2008. Immediately after the
accident, plaintiff was terrified that she was paralyzed and
was dying. She was unable to see her then boyfriend, who was
a passenger in her car, and thought he was dead.
the accident, plaintiff suffered from constant migraines,
which made her nauseous, sensitive to light and sound.
(Pl.'s Ex. 8 12-19.) She felt as though there were a
thousand rocks in her head, swishing together. She had a
history of concussions and headaches, which made her more at
risk for increased symptoms from an additional concussion.
(Pl.'s Ex. 8 10; 31.) The headaches she suffered after
the accident and continues to suffer are much more severe
than those suffered before the accident. She was able to
control the pre-accident headaches with Tylenol and Advil,
which are ineffective to relieve her current migraine
had a difficult time at work after the accident. She was
unable to communicate effectively, to concentrate, or to use
her computer. (Pl.'s Ex. 8 23-24.) Her cognition
difficulties remain and she has a hard time processing what
people say and asks for explanations. (Pl.'s Ex. 1, R.
0080; R. 0084-0085; Pl.'s Ex. 8 22-24.) She lost her
sense of smell until April 2015. (Pl.'s Ex. 8 17-18.) She
also lost hearing in her left ear, which resolved within a
few months. She is constantly tired because she cannot sleep.
(Pl.'s Ex. 8 15.)
first month after the accident, she suffered a migraine
continuously. Thereafter, she had three or four migraines
weekly, sometimes lasting all day and into the night. She was
required to totally shut down and lie in bed with the shades
closed, lights off, and sound eliminated.
began taking nausea medicine because she was vomiting three
or four times per week. She has tried four or five different
medicines since the accident. She has also tried homeopathic
remedies, yoga, and acupuncture, which were not successful in
addressing her pain. She attended physical and occupational
therapy. (Pl.'s Ex. 1, R. 0084.) She continues to look
primary care physician, Dr. James Zeitlin, ordered complete
brain rest for two weeks for plaintiff with no use of a cell
phone, computer, television, and no reading. (Pl.'s Ex.
1, R. 0080.) Dr. Zeitlin also referred plaintiff to Dr. Mark
Kiefner, a clinical neuropsychologist, whom she saw for four
months. (Pl.'s Ex. 1, R. 0075-0087; Pl.'s Ex. 8 5.)
remained out of work for those two weeks. Before the
accident, she worked 32 to 36 hours per week, depending on
her school schedule. At the time of the accident, she worked
36 hours per week and earned $15.25 per hour. Three weeks
after the accident, she returned to work for four to six
hours per day with restrictions and for not more than 20
hours per week. (Pl.'s Ex. 8 25.) In late ...