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Falling Gate – $2,365,000 Brain Damage Settlement

Our head injury specialists successfully negotiated a cash settlement of $2,365,000 on behalf of a 36 year old San Francisco woman who suffered a mild traumatic brain injury after a 400 pound metal gate came off its tracks and fell onto her, crushing her pelvis, breaking her nose, and knocking her unconscious. Our traumatic brain damage team demonstrated that the gate, which was being used as the rear garage door to a condominium complex, was improperly designed, constructed and installed, and that the property was inadequately maintained and negligently managed. All of these factors combined to cause a very dangerous and defective condition on the premises, so that the huge metal gate was likely to fall on anyone attempting to enter or leave the garage.

Our premises liability lawyers were able to show that the gate designer was inexperienced and unqualified to design this type of gate/garage door, and that the gate supports failed within five years of their original construction. This was truly an accident waiting to happen and the property managers failed to protect visitors and guests from this known dangerous condition.

Because neither a CT Scan nor an MRI of our client’s head showed any obvious bleeding inside her skull, and because there were no visible signs of our client’s head injury, this “mild traumatic brain injury” was challenging to prove. After hospitalization, surgeries, and many months of intense physical therapy and rehabilitation, our client could walk again and speak very articulately. However her degree of brain damage was serious and caused her substantial cognitive deficits and memory problems. Our head injury team is experienced in demonstrating brain damage through the use of specialized experts and we hired medical experts in neurology, neuro-surgery, neuropsychology, physical medicine and rehabilitation and psychiatry as well, who ultimately were able to show that our client, who still is a charming and articulate woman, had suffered serious mental impairment as a result of this head injury.

Obtaining fair financial compensation for our client’s income loss due to this head injury was particularly challenging in this case because of her past work/self-employment history. Our brain injury attorney retained vocational rehabilitation experts to evaluate our client’s employment options after her injury as well as an economist to professionally present all of her economic losses. This case, filed in San Francisco County Superior Court, settled on the Friday before Monday’s trial date, and our client’s financial situation, which was made so precarious and frightening by this accident, is now secure.

SUCCESSFUL CASE RESULTS

Client vs. Private Bus Company

Wrongful Death of Husband and Father in Bus Accident Settlement: $4,200,000

Client vs. State of California

Dangerous highway off -ramp resulting in spinal injuries and paralysis Settel ment: $2.800,000

Client vs. Western Building

Construction truck runs red light, hits pedestrian and causes Brain Damage Settlement: $2.030,000

Client vs. Tow Truck Company

Fatal truck crash, wrongful death policy limits Settlement $545,000

THE LEGAL EXAMINER

SAN FRANCISCO