One of the fastest ways to fail a driver’s exam is to blow through a red light. Unfortunately, a driver in New York proved themselves unworthy of their license by disregarding a red signal. As they flew into an intersection, they T-boned another car. Inside the other vehicle, a 60-year-old restaurant manager was riding in the passenger seat, his niece at the wheel. He had flown to New York City to visit his family for Thanksgiving. The sudden impact whipped the uncle’s head into his niece’s as the vehicles crunched into each other like empty potato chip bags. The collision destroyed both cars, and the uncle blacked out for 30-45 seconds. He staggered out of the car and wandered through the intersection, dazed and disoriented.
At the hospital, doctors identified a fracture of the uncle’s nasal arch and along his orbit. Pockets of air gathered behind his eye, and the pressure deteriorated his vision. A restaurant industry professional, he managed several Italian restaurants in North Carolina, overseeing over 60 employees. However, after the accident, he could not recall the names of loyal, decades-long customers. He would also set out on a drive and have to call his wife or coworkers to ask where he was going. He struggled with headaches, vision loss, and cognitive decline. To make matters worse, his friends and family disbelieved his suffering, as his worsening traumatic brain injury seemed invisible to them.
As a former client, the victim’s brother-in-law introduced him to Richard Kenny, owner and managing partner of the Law Office of Richard M. Kenny. Richard ran a boutique personal injury firm that focused on giving each injured client full attention. At first, Richard’s new client seemed to suffer only from facial fractures and minor vision loss. However, the worsening forgetfulness and headaches didn’t align with facial fractures alone. Richard sent his client to an acclaimed neurologist who specialized in TBIs. The doctor treated the victim for over 18 months.
The defense dismissed the victim’s symptoms, blaming them on his age. They hired their own renowned neurologist, who examined the plaintiff and claimed he was engaging in symptom magnification. The defense’s initial offer came in at $100,000, meant to compensate only for the facial fracture, which didn’t require surgery. At mediation, the defense upped their offer to $250,000, and the mediator indicated the amount was sufficient for the facial fracture. With pressure mounting to capitulate, Richard recognized that the only way to improve the defense’s offers was to show that his client’s TBI injuries were undeniable.
In addition to his expert neurologist, Richard retained an eye surgeon, a facial reconstruction surgeon, and a biomechanical expert referred by DK Global to support his legal theory. He needed to demonstrate how these devastating but invisible injuries affected his client. After completing discovery, Richard engaged DK Global to create a series of animated demonstratives. The tricky part was the accident reconstruction, since there were no cameras inside the vehicle. Nonetheless, DK Global worked with the biomechanical and other experts to produce an accurate animated simulation showing the mechanism of the plaintiff’s brain injury for the record.
The DK Global animation opened by recreating the accident from inside the car. The victim was shown being slammed side to side as his brain endured harsh coup-contrecoup forces. Next, photos displayed the two totaled cars and post-accident injuries. Animated medical illustrations of neurons revealed how axonal shearing caused by the impact led to the cells’ death. Then, CT images of the nasal and orbital fractures were translated into 3D representations of the victim's skull. Finally, the animation concluded with a full list of the plaintiff's TBI sequelae.
Richard sent the animation to the defense, and the lead attorney responded by calling Richard in a state of shock. The defense attorney said it was the first time he had encountered such an animation, and his first instinct was to get it rejected. Richard held firm and entered into another mediation with a new mediator — one who believed this was a seven-figure case from the outset. The defense recognized that they had a serious issue if the animation were to go before a jury. As a result, they settled the case confidentially for multiple seven-figures. When Richard broke the news, his client was immensely satisfied. Not only were his medical needs taken care of, but people now finally believed how badly he had been injured.
Richard Kenny founded the Law Office of Richard M. Kenny in 2002, focusing on personal injury, medical malpractice, and civil rights cases. During his 36-year career as a lawyer, he has won over 150 verdicts on behalf of seriously injured New Yorkers and secured tens of millions of dollars in compensation. He has successfully litigated numerous record-setting cases in New York. He is AV-rated, Lead Counsel-rated, and has been selected for inclusion in the New York Super Lawyers listing, the Million Dollar Advocates Forum, and Best Attorneys of America.
