|Federal Court in Philadelphia Upholds a Zero Dollar Verdict in a Traumatic Brain Injury Case|
Kiernan Trebach attorney Mark Lockett successfully defended a national discount retailer in a traumatic brain injury case in a ten day trial which occurred in federal court during September 2010. Plaintiff, a truck driver, alleged that he sustained a traumatic brain injury, including vertigo and post-concussive syndrome when he was struck in the head by a box of hand weights while unloading a trailer at a retail store in New Rochelle, NY. The jury found both plaintiff and the retailer 50% negligent, but awarded zero dollars in damages. Plaintiff sought a new trial arguing that the verdict was against the weight of the evidence. The federal district court denied plaintiff's post trial motions and ruled that it could not say that the jury's decision not to award damages was against the weight of the evidence.