James Johnson Wins Brain Injury Trial

In suit seeking $2 million for permanent brain injury, firm wins complete defense verdict.

Englewood, Colorado, March 29, 2017.

A jury entered a verdict for the defense following a seven day trial in Arapahoe County District Court, finding in favor of defendant Blackstone Country Club in a case brought by a spectator who fell out of a golf cart driven by a course employee. The accident occurred as the driver of the golf cart was making a left turn, and the injured party was turned in her seat to watch her son, who was competing in a golf tournament.

Seeking more than $2 million in compensatory damages, the plaintiff claimed that, as a result of striking her head on the cart path, she suffered permanent brain injury due to brain swelling and hemorrhaging, as well as a process known as diffuse axonal injury, which involves widespread damage to the neural circuitry of the brain.

“The case involved complex issues involving both physics and neuroscience,” said Johnson. “We were contesting the defendants’ liability as well as the extent of the claimed brain injury, so we had to educate the jury on several complex scientific issues.”

One of those issues was whether the injured patron was subjected to any unusual or abnormal centrifugal force when the cart made a sharp 90-degree turn to the left while the plaintiff was turned somewhat to look over her right shoulder.

The defense introduced testimony from Ben Railsback, a mechanical engineer who had computed the forces based upon the radius of various turns on the cart path. The defense also offered testimony from a neuropsychologist and a neuropsychiatrist to testify regarding their evaluation of neuropsychiatric test data that was integral to the measurement of any brain injury that may have resulted when the plaintiff struck her head on the cement cart path.

“Educating a jury on complex scientific issues involving both science and medicine requires a very well trained trial team,” said Brett Godfrey, who has been working with lead counsel James Johnson for 20 years. “These lawyers are particularly skilled in this kind of work,” he added.

The verdict was returned by a jury of six members following two hours of deliberation.

Godfrey | Johnson, P.C. is well known for litigation of sophisticated medical issues, including traumatic brain injury cases. The firm provides a free guide to Brain Injury Litigation.