Defense Verdict in Traumatic Brain Injury Case

On Friday, December 16, 2011, partner Michael T. Ryan, Esq. and associate Matt A. Piatkowski, Esq. obtained a defendant’s verdict on behalf of their client in a traumatic brain injury case in Derby Superior Court.

The plaintiff, a 21 year old male, claimed that he suffered a traumatic brain injury while attending a camp operated by the defendant. He alleged injuries including transient global amnesia, cognitive impairments, memory deficits, impairments in reasoning, memory and processing, as well as impairments in higher level executive function as a result of a head injury. His treating psychologist and an expert neuro-psychiatrist both testified on behalf of the plaintiff at trial. Plaintiff’s claims of negligence included allegations that the defendant maintained a tripping hazard on its property, failed to warn and instruct the then 14 year old plaintiff, failed to properly monitor and supervise the plaintiff and failed to provide timely and proper medical treatment. Defense counsel’s motion to preclude plaintiff’s liability expert from testifying at trial was granted by the trial judge. Defense counsel also requested the court to charge out the allegations regarding failure to provide medical treatment and in response the plaintiff withdrew the claims.

After two weeks of evidence the jury found that the defendant was not negligent and returned a defendant’s verdict. In closing argument, plaintiff’s counsel asked the jury to return a plaintiff’s verdict in the amount of $6.5 million. On the day the case was given to the jury, an article appeared in a local newspaper concerning a $10 million verdict awarded the previous day in a traumatic brain injury case in nearby Bridgeport Superior Court.