HM&B Prevails in Damages-Only Trial of Traumatic Brain Injury Claim

June 22, 2016 – Hamilton, Miller & Birthisel, LLP has achieved an exceptional result for its client in a damages only bench trial before the Honorable James Lawrence King. The Plaintiff, a cruise ship passenger, alleged that she was struck in the head by a Murphy-style bunk bed that opened from its locked position without warning.  As result of the injury, Plaintiff claimed she suffered a traumatic brain injury that affected her memory and other cognitive abilities.  Additionally, Plaintiff claimed she sustained two herniated discs in her neck.  The trial was on damages only. Plaintiff presented testimony from her expert neuropsychologist and neurologist in support of her claims and sought $2,800,000.00 in damages.  However, after vigorous cross examination of Plaintiff’s experts and pointing out the many inconsistencies in Plaintiff’s case and treatment, the court found her experts were not credible, noted that the injury to the brain was mild and transient and awarded $9,054.50 in damages.  The successful trial team for the defense included firm managing partner, Jerry Hamilton, Bob Oldershaw, Todd Sussman and paralegal Erika Marrero.