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Scarlett Law Group's Client Verdict Top Verdicts in California - Traumatic Brain Injury

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On Monday, November 7, 2011, a Modesto, California jury awarded a 38-year-old plaintiff $10,651,423.13 after a two-month long, hard-fought, jury trial. The case, Matthew T. Cole vs. Loretta E. Wend Family Limited Partnership, et. al., Stanislaus County Superior Court No. 352861, involved a severe and life threatening traumatic brain injury suffered by plaintiff Matthew Cole when the vehicle in which he was a passenger collided with farm equipment offloading grapes on a 55 mph two lane rural highway.

San Francisco, California (PRWEB) November 11, 2011

On Monday, November 7, 2011, a Modesto, California jury awarded a 38-year-old plaintiff $10,651,423.13 after a two-month long, hard-fought, jury trial. The case, Matthew T. Cole vs. Loretta E. Wend Family Limited Partnership, et. al., Stanislaus County Superior Court No. 352861, involved a severe and life threatening traumatic brain injury suffered by plaintiff Matthew Cole when the vehicle in which he was a passenger collided with farm equipment offloading grapes on a 55 mph two lane rural highway.

Plaintiff, a 38-year-old dry wall union worker was a passenger in his brother's Chevrolet Silverado pickup truck on his way to work from Modesto to Palo Alto California in the early morning hours (4:30 AM). Plaintiff was belted, sitting in the front passenger seat. Plaintiff's brother was driving, and the two had just left home approximately 10 minutes prior to the collision.

In order to get from Modesto, California over to Interstate 5 and ultimately into the San Francisco bay area, plaintiff's brother had taken a two lane 55 mile an hour highway (Shoemake Avenue). Unbeknownst to either plaintiff or his brother, a local farmer was in the midst of harvesting grapes on approximately 200 acres adjoining Shoemake Avenue. Unfortunately, the farmer's practice was to utilize the westbound lane of Shoemake Avenue in order to offload the grapes from a grape gondola into truck trailers parked on the shoulder of the road. Virtually all of the westbound lane was blocked. It was extremely dark, and the operator of the tractor/gondola utilized no flagman and only one cone. The defense nonetheless contended that the two lights and reflective tape on the rear of the gondola were sufficient, and cross-complained against plaintiff's brother. The defense additionally cross complained against an individual they contended was an independent contractor, who they alleged had directed the harvesting process utilizing Shoemake Avenue.

The jury's verdict was unanimous (12-0) on all liability theories. At significant expense, plaintiff reenacted a nighttime visibility study. The jury awarded $624,880.13 in past medical expenses. The jury awarded $2,526,543 representing the present value of plaintiff's diminution of earnings capacity. The jury awarded $2 million representing the present value of plaintiff's future medical expense, as well as $2,500,000 in past non-economic damages, and $3 million in future non-economic damages.

The defendant farmer/landowner was defensed on its cross complaint against plaintiff's brother, and also on its cross-complaint against the purported independent contractor. In fact, the jury found the purported independent contractor to be an agent of the defendant farmer/landowner working within course and scope.

"The jury's verdict spoke to the tremendous cost necessitated by severe traumatic brain injury," said Scarlett. "Traumatic brain injury, if disease-based would be considered an epidemic of huge proportion. Future care costs, including neuro-surgical intervention, attendant care needs, and rehabilitative costs are simply staggering. Add to these damages, the loss of one's ability to process information correctly, and the loss of one's ability to plan and organize, and it is not hard to see the devastating impact of traumatic brain injury."

In 2007, the Scarlett Law Group obtained the 79th highest verdict in the United States ($22.8 million) {Shi v. Coach USA, San Francisco Superior Court Action No. CGC 05 444 417} on behalf of a victim of traumatic brain injury, and in 2009 obtained the 36th highest verdict in the United States ($49.1 million) {Bianchi v. Gordon Trucking, Santa Clara Superior Court Action No. 108cv104548} and the highest motor vehicle traumatic brain injury verdict in California (as reported by VERDICTSEARCH, ALM ), for a victim of traumatic brain injury.

About Randall H. Scarlett, and the Scarlett Law Group:

The Scarlett Law Group is one of the nation's premier law firms. It represents individuals and their families in catastrophic personal injury and wrongful death cases, (with particular emphasis on representing those sustaining traumatic brain injury), and is known for its achievements in the courtroom, and it's contributions to the community. Randall H. Scarlett, principal, has achieved numerous multimillion dollar settlements and verdicts on behalf of his clients, and has been involved in precedent-setting cases such as the Marcos Human Rights Abuse Cases, MDL 840, (wherein he obtained a record-setting $1.3 billion exemplary damage award on behalf of those tortured and unlawfully imprisoned by Philippine dictator Ferdinand E. Marcos), and the Exxon Valdez Oil Spill Litigation, (wherein he actively served on the Plaintiff's Coordinating Committee). Mr. Scarlett sits on the Board of Directors of the California Brain Injury Association, and regularly volunteers his time in order to help survivors of traumatic brain injury and their family members.

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For the original version on PRWeb visit: http://www.prweb.com/releases/prwebcalifornia-personal/injury-lawyers/prweb8953120.htm

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