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TLU Case Analysis

The $8,000 Brain Injury

Robert Buzzard

Robert Buzzard

Leo Solis Jr. is a first-generation Mexican-American wastewater plant mechanic who took his first job at 15 busing tables to help his mother make rent, and never stopped working. At 4:50 a.m. on February 12, 2022, driving to work on Highway 24 near the Caldecott Tunnel, he came around a curve and slammed into a blacked-out Land Rover parked perpendicular across two lanes, at 50 miles an hour, in the dark. The driver, Brandon Kersis, had crashed earlier that morning and left the scene with the car unlit in the roadway. Leo climbed out convinced he had just killed a family. The car was empty. He declined the ambulance, went back to work within days because he was the sole provider for a family of six, and waited a week before Kaiser diagnosed him with a neck sprain. What followed was a three-year fight to prove an invisible injury: a traumatic brain injury shown on DTI imaging and lived out in a broken temper, a failing memory, a 4:00 a.m. panic attack on the crash route, a marriage that nearly ended in divorce, and a wife, Brenda, who testified through a Spanish interpreter about the man who used to bring her coffee at sunrise. The defense admitted negligence, served a $75,000 offer on Leo and nothing on Brenda, and told the jury in closing the case was worth $8,000 to $17,500. The jury disagreed.