The Verdict is in: Bob Kuderer and Tom Brock Post Trial Victory in Child Traumatic Brain Injury Case.
Bob and Tom represented the driver in a “bicycle-versus-truck” accident in St. Cloud. Plaintiff claimed our client negligently failed to maintain a proper look out and caused the accident. Plaintiff suffered a broken femur, facial scarring and also alleged traumatic brain injury as a result of the accident and asked for hundreds of thousands of dollars in damages.
Our client contended the 12-year old boy violated traffic several safety statutes as well as his common law duty of reasonable lookout. Further, the boy’s cognitive deficits were attributable to longstanding, but undiagnosed ADHD, not a traumatic brain injury.
After a hotly contested trial, the jury returned a unanimous verdict which found the boy 100% at fault for the accident – resulting in no recovery. The jury also rejected plaintiff’s brain injury claim, and awarded $0 in future damages.