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David FinegoldKimball Jones

David Finegold · Kimball Jones

$217,840 Verdict Premise Liability / Total Knee Revision

TLU Icon January 12, 2024 6:30 PM||TLU n Demand

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David Finegold achieved a $217,840 Premises Liability Verdict on behalf of a client where liability was disputed and the Plaintiff had $13,000 in related past meds.

On August 15, 2018, a slot machine cash box door opened, striking the player’s right knee. The player previously had a total knee replacement on the same knee, and was ultimately recommended a future total knee revision surgery as a result of the incident.

This case dealt with the following issues:

(1) Plaintiff’s pre-incident medical records stated he was due for a total knee revision surgery in 2024–trial occurred in December 2023;

(2) The defense pointed to several “gaps in treatment,” including where Plaintiff chose to not go through recommended PT;

(3) Trial included two defense attorneys with years of trial practice versus David Finegold (and his retained experts) being in trial for the first time;

(4) The power of partial summary judgment for trial framing.

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