Jan 29 2014

Verdict 2014-4, January 29, 2014: Boston Partner Grace Garcia

Verdict 2014-4, January 29, 2014: Boston Partner Grace Garcia obtained a defense verdict after a week long jury trial in the Norfolk Superior Court. Plaintiff, a 47 year old woman, claimed that she has gone shopping in our client’s store when a "steel" wall, weighing about 100 lbs fell on her. As a result of the accident, plaintiff, who had been previously disabled due to myalgic encephalitis, claimed that she incurred a head injury that exacerbated her pre-existing condition, as well as caused her new symptoms including: memory loss, headaches, inability to concentrate, inability to read and to write, language issues and inability to carry out daily functions. As a result, she claimed she now required assisted living, which she did not need before. Problematic in the case was the fact that an accident did in fact occur as the the screws holding the top of the panel were found on the ground - however, the nature and extent of the accident was disputed. Originally, plaintiff made a multi-million dollar demand, which she lowered to $950,000 just one week prior to trial. During the trial, Grace presented evidence that the accident could not have occurred in the way in which plaintiff claimed and that plaintiff did not incur an injury. In addition, Grace argued that it was not reasonably foreseeable for our client to know that this panel would fall. With regard to the alleged injury, Grace argued that plaintiff's present condition was the result of the progression of her prior disability as well as the combined side -effects from the more than 12-15 medications plaintiff took on a daily basis. Although plaintiff had her primary care physician of 17 years testify to the exacerbation of plaintiff's prior condition since the accident, our neurologist was able to show through the medical records that such complaints were not related to the accident.

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