Barclay Damon
Barclay Damon

Cross examination helps jury see the facts

The owner of a piece of property was facing a lawsuit from a construction worker who claimed to have been struck by scaffold planks at a jobsite. The worker said he suffered permanent traumatic brain injury, vision problems, as well as back, neck and head injuries as a result of the incident.

While the plaintiff had been awarded summary judgment on liability, his attorney sought $3.6 million in damages in a jury trial.

In a seven-day jury trial, the plaintiff’s attorney brought in as witnesses five doctors, two financial experts, a vocational rehabilitation expert, a job placement counsel and several lay people. Our attorneys’ cross-examination of these witnesses revealed a lack of objective medical testing, inconsistencies in records, pre-existing complaints and outright discrepancies between the limitations the plaintiff claimed and his actual abilities.

The jury awarded the plaintiff just $45,000, less than 2 percent of what the lawsuit sought.

 

For More Information on Barclay Damon's Torts & Products Liability Defense Practice Area:

Thomas Cronmiller

p: 585-295-4424

f: 585-295-8405

icon_emailtcronmiller@barclaydamon.com

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