A struck-by event in an industrial facility produced a TBI the defense tried to minimize — until neuropsychological testing and imaging laid out the cognitive deficits in full.
A struck-by event in an industrial facility produced a closed-head injury. Initial medical care underestimated the severity, but neuropsychological testing and follow-up imaging confirmed a moderate-to-severe traumatic brain injury with persistent cognitive deficits.
Premises and equipment-control liability was pursued against the facility operator. Site safety documents, hazard assessments, and prior incident logs established notice. The defense's minimization of injury severity was overcome through coordinated medical and neuropsychological testimony.
The plaintiff sustained persistent cognitive, executive-function, and emotional-regulation deficits requiring vocational rehabilitation and ongoing therapy. Earning capacity was permanently reduced.
A jury returned an $11.0M verdict.
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