Pettit Kohn Attorneys Obtain Defense Verdict in Multi-Million Dollar Brain Injury Case

On July 8, 2013, after a three week trial, Pettit Kohn Ingrassia & Lutz attorneys Grant Waterkotte, Damian Dolin, and Martin Moreno, secured a defense verdict on behalf of their client in a personal injury case. The case involved severe brain injury resulting from a fall at a large retail store in Bakersfield, CA.

In November of 2009, the plaintiff fell on the client’s premises. He struck the back of his head with sufficient force to cause a contrecoup injury, leading to severe brain injury in the frontal lobe of his brain. The injury left plaintiff with severe mental deficits and other medical complications. Plaintiff’s past medical special damages totaled roughly $500,000, which included two neurosurgical procedures, and treatment for a seizure disorder. The reasonableness and necessity of this treatment was not disputed. Both sides agreed that plaintiff’s life care plan needs were significant, falling between $700,000 (defense) and $3,000,000 (plaintiff).

Plaintiff’s attorneys contended that the incident was caused by a dangerous condition that the store either created, or about which it should have known. Pettit Kohn’s attorneys argued that the store acted reasonably and was not at fault for the plaintiff’s accident. The defense presentation was persuasive. Following three weeks of testimony and argument, the jury deliberated for less than two hours, and returned a verdict in favor of Pettit Kohn’s client.