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Haytham FarajArash ZabetianTomik VertanousDan Ambrose

Haytham Faraj · Arash Zabetian · Tomik Vertanous · Dan Ambrose

REPLAY - Demystifying A Complicated Liability Case With A Simple Story Results In A $22.6 Million Dollars Verdict - Haytham Faraj, Arash Zabetian, & Tomik Vertanous, Hosted by Dan Ambrose

TLU Icon December 18, 2023 11:00 PM||TLU n Demand

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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.


  1. Deep understanding of the government liability code, case law and defenses
  2. Developing a discovery strategy
  3. Vigorous investigation
  4. Focus groups
  5. Average treating doctor or a great retained expert.
  6. When is it ok to change strategies
  7. Motions in limine - what happens when the judge grants defense' worst MIL for plaintiff
  8. Preparing witnesses to testify
  9. Telling the plaintiff's story through lay witnesses
  10. Create friction for your opponent in an environment of cognitive ease for the jurors
  11. Know when to stop
  12. Knowing Defendant’s facts better than them
  13. Not being married to your experts
  14. Avoiding Defendant’s traps

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