Jan 01 2005
$2,900,000. Premises Liability/Mild Traumatic Brain Injury
In Herndon v. Parball Corp., dba Flamingo Hilton Hotel, et. al., plaintiffs Claude and Jill Herndon brought suit in the United States Federal District Court, District of Nevada (Las Vegas) when the stool upon which Mr. Herndon was sitting fell over due to a concealed hole in the floor of the casino (under the carpet).
Mr. Herndon was projected forward and struck his head on the table before him. Defendants contested plaintiff’s claim of loss of consciousness, and the emergency room records indicated that Mr. Herndon sustained only a slight bruise and headache. All imaging was negative, and defendants denied that the forces involved in the fall were sufficient to cause brain injury to Mr. Herndon. Compounding proof of injury difficulties, Mr. Herndon had a pre-existing seizure disorder, though counsel was able to establish that the fall caused seizures of a different type than those previously occurring. This extremely difficult case included defense allegations of pre-existing depression, and an extremely low pre-morbid vocational earnings history. Despite this, counsel was able to reach a substantial settlement for the Herndon’s which recognized the strong probability of a jury recognizing that Mr. Herndon had indeed sustained a mild traumatic brain injury. Mr. Scarlett was assisted by co-counsel Cal Potter, Esq. In addition, the expert witnesses involved in the case, including a neuropsychologist, a physiatrist, a neurologist, a biomechanical engineer, a life care planner, a vocational rehabilitation specialist, and an economist, were essential witnesses establishing the true injuries suffered by Mr. Herndon as a result of the casino’s negligence. A portion of the $2,900.000.00 settlement went to purchase an annuity, which is expected to pay out substantial additional funds over the course of plaintiffs life.
