Haytham Faraj · Arash Zabetian · Tomik Vertanous
Demystifying A Complicated Liability Case With A Simple Story Results In A $22.6 Million Dollars Verdict
December 14, 2023 6:30 PM||TLU n Demand
Plaintiff suffered a skull fracture from a falling streetlight’s ornamental cap, while waiting to cross a pedestrian crosswalk. Plaintiff was diagnosed with a mild TBI. Two years later he developed dementia. City disputed causation arguing that mild TBI cannot cause dementia. It disputed liability on basis of lack of notice. City had no prior record of a cap falling from a streetlight. We established notice through demonstrating other streetlights with missing caps during City’s work in the area, and yet failing to institute an inspection system. We established causation through lay testimony that Plaintiff was not suffering from any cognitive issues prior to the incident. The jury awarded Plaintiff $5.6M in economic damages based on a life-expectancy of 10 years and $17M in noneconomic damages. The verdict was 11 to 1.
POINTS TO BE DISCUSSED:
- Deep understanding of the government liability code, case law and defenses
- Developing a discovery strategy
- Vigorous investigation
- Focus groups
- Average treating doctor or a great retained expert.
- When is it ok to change strategies
- Motions in limine - what happens when the judge grants defense' worst MIL for plaintiff
- Preparing witnesses to testify
- Telling the plaintiff's story through lay witnesses
- Create friction for your opponent in an environment of cognitive ease for the jurors
- Know when to stop
- Knowing Defendant’s facts better than them
- Not being married to your experts
- Avoiding Defendant’s traps
