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15483Re: sky is falling

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  • Jurydoctor@aol.com
    Dec 3, 2009
      The big issue in this case is the amount of damages you would award.
      I do need your thoughts on liability as well.
      What questions and comments do you have?
      Is Bob faking? why or why not?
      How much should he be awarded.

      $10 donation to Alzheimer's for your opinions. and thanks for your time.

      The plaintiff , Bob, is a big man. weighing 300 pounds and is 6'8. He is a hemophiliac.

      The Hotel's bedroom archway fell on Bob's head and inner thigh while staying at Fufu GRandiose hotel in Vegas.

      There is a dispute about what exactly fell on Bob's head. Estimates range from a 40 foot piece of wood/material from the archway falling no more
      then 1 foot to a 300 lb piece of the archway falling over 2 feet.

      This dispute arises out of the fact that the defendants
      did not preserve or maintain certain evidence in the case.
      However, there are witnesses: the butler and Freddy, Bob's friend.
      Both the suite butler and Freddy testified that Bob leaned against the wall
      and the archway hit him on the head. It also hit Freddy, but he was not injured.


      Bob went to bed but right away but quickly realized that he was more seiously injured then he first thought.
      Bob was taken to the ER with neck pain, numbness in his fingers and TMJ, tingling in his hands and fingers and a severe headache. Although the MRI showed no bleed
      right after the incident, due to his hemophilia he could of had a bleed 12-24 hours after this MRI. Bob told the nurse that when he leaned against the archway
      ( located in the bedroom) the top of the archway broke loose and fell. He did not think he lost consciousness.

      Later a 3-T MRI showed axonal shearing and dilated perivfascular spaces consistent with a head injury. Bob had a normal EEG

      Bob's experts will testify that Milly's Millwork carpenter Co did not place the adhesive properly on the doorway, causing the archway to fall.

      This is not a case of adhesive failure.Rather, the plaintiff's expert complains that the adhesive was not put in the proper place.
      Furthermore, Plaintiff's experts will explain that Milly did not have the required locks and clips to secure the archway when they installed it.
      Regardless, they are responsible for proper installation.
      However, the defense raises a dispute about a manufacturing defect in the archway.
      The Judge has ruled that Milly is liable because they were responsible for installation.
      After the incident Milly installed lock boxes on the other arches.
      No other archways have fallen in the remodels.

      This case is against the contractor and hotel regarding liability. However, Milly's lawyer is disputing the injuries and damages amount.

      Furthermore, both the contractor (Tilly) and Milly (subcontractor) violated codes, statutes and ordinances which Milly denies,
      All work needs to be inspected by the Contractor (Tilly who hired Milly) and subcontractor (Milly). Both are responsible for quality control.


      Fufu had an economic reason to rush the remodeling job: They charge alot of money for these ornate rooms. They rushed Milly
      to complete the job without caring about safety.

      Fufu is being sued for punitive damages because of their blatant disregard for the safety of their guests by giving Milly an unrealistic and unreasonably short
      amount of time to do this remodeling in order to save $ while increasing profits. Furthermore there advertising was false and misleading as this was not a quality
      suite that was safe for guests to occupy because the remodel was completed in a haphazard fashion and not quality work.





      Bob has suffered a severe closed head injury.
      stutters,
      sleep apnea
      seizures,
      eye problems (his left eye will occassionally become bloody and at times he has double vision (ghosting vision)
      mental fatigue
      sleep problems
      anxiety, changes in vision
      attention, memory and concentration problems
      stuttering,
      personality changes
      dizziness
      TMJ (jaw injury, escpecially the right side)
      headaches
      ringing in the ear
      an inability to fuction on his own,
      poor judgment
      lack of motivation to socialize
      difficulty pronouncing familar words
      head, back, jaw and neck pain.
      headaches migrainous type

      Plaintiff;s expert a Ph.D in Neurology found:
      lesions in the parietal lobe (side of head)
      damage involving fibers connecting the Occipital lobe (vision) with the parietal lobe consistent with diffuse moderate brain injury.

      He is a hemophiliac which means that his injuries impact his previous medical problems (for example he can easily have a brain bleed),
      He snores loudly and has sleep apnea. (His treating Dr. thought the apnea was due to his weight, but after Bob lost alot of weight he still has the apnea
      and now his Doc says it is due to the head trauma. He sleeps with a CPAP machine to regulate his sleep apnea, however he could experience
      sudden death even with the CPAP machine

      He has incurred $165K in medical expenses since the archway came crashing down on his head 4 years ago. ($70K of it for pain management and anesthesia)
      His experts say he can look forward to $4.7 million worth of medical expenses (reduced to present money value) in the future. Including surgeries (cervical fusion)
      additionally $3 Million total for Cervical Rhizotomy
      (budgeted at 160k per year)

      His lost wages are anywhere between $3.9 to 4.7 Million. He worked as an insurance agent, and was a real "workaholic" and was a multimillion dollar producer.
      . Bob's doctors' claim he can no longer work

      He is suing for 17.5 million (which includes punitive damages)
      Fufu has a gambling casino and it's net worth is not known at this point but is certainly astronomical..


      THE DEFENSE
      There is a dispute as to whether Bob leaned/brushed against the archway or slammed himself against the archway. Defendant's claim that given the size of Bob and whether
      he slammed against it, the archway was not designed to take that kind of G force.

      The big dispute in the case is how badly Bob was hurt. Defense has evidence that he is "exaggerating" his symptoms.
      However, his friends testify he goes off on tangents, can be prone to depression and can just snap, is volatile, lose his temper.
      One friend will state that she noticed a foul smell coming from his room
      where he "hid" vegetabes and did not shower for 3 days.. He can ramble and one time he sat at a light for 5 minutes
      waiting for the light to turn green (which it did more then 2x). He no longer
      drives.

      His doctor, an internist, has seen petit mal seizures while in the office and that his affect was "off". He will testify that he can not make executive decisions

      Defense doctors (based on a review of the medical records and imaging reports) will testify that the accident did not cause:
      a jaw injury
      a permanent brain injury (the 3-T MRI was taken more then 3 years after the accident)
      no derangement of the cervical spine

      the only damage that occured is what was noted by the EMT's and emergency room physician
      The ER doc noted tenderness of the cervical spine.
      MRI was normal. EEG was/is normal
      Glasgow coma scale was normal
      he did not lose consciousness and head trauma with no loss of consiousness and negative CT is indicative that the seizures were not caused by the accident
      neurological assessment showed no abnormalities


      There is a dispute as to whether the archway was manufactured properly. Defense expert will testify that Tilly, Milly and MGM complied with desighn plans which met
      the building codes. The plans were approved by the County

      Defense expert will testify that the adhesive will hold when put in the correct spot. One can not inspect for that after the wood is attached.
      Pictures of the archway show that the adhesive was placed in the wrong position to meet up with the substrate.
      the lock blocks were installed properly.
      The archway consisted of metal and wood pieces. The adhesive was meant to adhere the wood to the steel framing.
      From the picture, he could see that there was no contact between the beads of adhesive and the 2 surfaces.
      There is no real way to check if the bond adhered except by fiber optic camera.
      The workers put adhesive on the millwork and placed it. They had no reason to believe it is not adhered.
      In order to check for lack of bond one does a spot check. Standing over the worker's shoulder while placing the adhesive is not required.






      The plaintiff , Bob, is a big man. weighing 300 pounds and is 6'8. He is a hemophiliac.

      The Hotel's bedroom archway fell on Bob's head and inner thigh while staying at Fufu GRandiose hotel in Vegas.

      There is a dispute about what exactly fell on Bob's head. Estimates range from a 40 foot piece of wood/material from the archway falling no more
      then 1 foot to a 300 lb piece of the archway falling over 2 feet.

      This dispute arises out of the fact that the defendants
      did not preserve or maintain certain evidence in the case.
      However, there are witnesses: the butler and Freddy, Bob's friend.
      Both the suite butler and Freddy testified that Bob leaned against the wall
      and the archway hit him on the head. It also hit Freddy, but he was not injured.


      Bob went to bed but right away but quickly realized that he was more seiously injured then he first thought.
      Bob was taken to the ER with neck pain, numbness in his fingers and TMJ, tingling in his hands and fingers and a severe headache. Although the MRI showed no bleed
      right after the incident, due to his hemophilia he could of had a bleed 12-24 hours after this MRI. Bob told the nurse that when he leaned against the archway
      ( located in the bedroom) the top of the archway broke loose and fell. He did not think he lost consciousness.

      Later a 3-T MRI showed axonal shearing and dilated perivfascular spaces consistent with a head injury. Bob had a normal EEG

      Bob's experts will testify that Milly's Millwork carpenter Co did not place the adhesive properly on the doorway, causing the archway to fall.

      This is not a case of adhesive failure.Rather, the plaintiff's expert complains that the adhesive was not put in the proper place.
      Furthermore, Plaintiff's experts will explain that Milly did not have the required locks and clips to secure the archway when they installed it.
      Regardless, they are responsible for proper installation.
      However, the defense raises a dispute about a manufacturing defect in the archway.
      The Judge has ruled that Milly is liable because they were responsible for installation.
      After the incident Milly installed lock boxes on the other arches.
      No other archways have fallen in the remodels.

      This case is against the contractor and hotel regarding liability. However, Milly's lawyer is disputing the injuries and damages amount.

      Furthermore, both the contractor (Tilly) and Milly (subcontractor) violated codes, statutes and ordinances which Milly denies,
      All work needs to be inspected by the Contractor (Tilly who hired Milly) and subcontractor (Milly). Both are responsible for quality control.


      Fufu had an economic reason to rush the remodeling job: They charge alot of money for these ornate rooms. They rushed Milly
      to complete the job without caring about safety.

      Fufu is being sued for punitive damages because of their blatant disregard for the safety of their guests by giving Milly an unrealistic and unreasonably short
      amount of time to do this remodeling in order to save $ while increasing profits. Furthermore there advertising was false and misleading as this was not a quality
      suite that was safe for guests to occupy because the remodel was completed in a haphazard fashion and not quality work.





      Bob has suffered a severe closed head injury.
      stutters,
      sleep apnea
      seizures,
      eye problems (his left eye will occassionally become bloody and at times he has double vision (ghosting vision)
      mental fatigue
      sleep problems
      anxiety, changes in vision
      attention, memory and concentration problems
      stuttering,
      personality changes
      dizziness
      TMJ (jaw injury, escpecially the right side)
      headaches
      ringing in the ear
      an inability to fuction on his own,
      poor judgment
      lack of motivation to socialize
      difficulty pronouncing familar words
      head, back, jaw and neck pain.
      headaches migrainous type

      Plaintiff;s expert a Ph.D in Neurology found:
      lesions in the parietal lobe (side of head)
      damage involving fibers connecting the Occipital lobe (vision) with the parietal lobe consistent with diffuse moderate brain injury.

      He is a hemophiliac which means that his injuries impact his previous medical problems (for example he can easily have a brain bleed),
      He snores loudly and has sleep apnea. (His treating Dr. thought the apnea was due to his weight, but after Bob lost alot of weight he still has the apnea
      and now his Doc says it is due to the head trauma. He sleeps with a CPAP machine to regulate his sleep apnea, however he could experience
      sudden death even with the CPAP machine

      He has incurred $165K in medical expenses since the archway came crashing down on his head 4 years ago. ($70K of it for pain management and anesthesia)
      His experts say he can look forward to $4.7 million worth of medical expenses (reduced to present money value) in the future. Including surgeries (cervical fusion)
      additionally $3 Million total for Cervical Rhizotomy
      (budgeted at 160k per year)

      His lost wages are anywhere between $3.9 to 4.7 Million. He worked as an insurance agent, and was a real "workaholic" and was a multimillion dollar producer.
      . Bob's doctors' claim he can no longer work

      He is suing for 17.5 million (which includes punitive damages)
      Fufu has a gambling casino and it's net worth is not known at this point but is certainly astronomical..


      THE DEFENSE
      There is a dispute as to whether Bob leaned/brushed against the archway or slammed himself against the archway. Defendant's claim that given the size of Bob and whether
      he slammed against it, the archway was not designed to take that kind of G force.

      The big dispute in the case is how badly Bob was hurt. Defense has evidence that he is "exaggerating" his symptoms.
      However, his friends testify he goes off on tangents, can be prone to depression and can just snap, is volatile, lose his temper.
      One friend will state that she noticed a foul smell coming from his room
      where he "hid" vegetabes and did not shower for 3 days.. He can ramble and one time he sat at a light for 5 minutes
      waiting for the light to turn green (which it did more then 2x). He no longer
      drives.

      His doctor, an internist, has seen petit mal seizures while in the office and that his affect was "off". He will testify that he can not make executive decisions

      Defense doctors (based on a review of the medical records and imaging reports) will testify that the accident did not cause:
      a jaw injury
      a permanent brain injury (the 3-T MRI was taken more then 3 years after the accident)
      no derangement of the cervical spine

      the only damage that occured is what was noted by the EMT's and emergency room physician
      The ER doc noted tenderness of the cervical spine.
      MRI was normal. EEG was/is normal
      Glasgow coma scale was normal
      he did not lose consciousness and head trauma with no loss of consiousness and negative CT is indicative that the seizures were not caused by the accident
      neurological assessment showed no abnormalities


      There is a dispute as to whether the archway was manufactured properly. Defense expert will testify that Tilly, Milly and MGM complied with desighn plans which met
      the building codes. The plans were approved by the County

      Defense expert will testify that the adhesive will hold when put in the correct spot. One can not inspect for that after the wood is attached.
      Pictures of the archway show that the adhesive was placed in the wrong position to meet up with the substrate.
      the lock blocks were installed properly.
      The archway consisted of metal and wood pieces. The adhesive was meant to adhere the wood to the steel framing.
      From the picture, he could see that there was no contact between the beads of adhesive and the 2 surfaces.
      There is no real way to check if the bond adhered except by fiber optic camera.
      The workers put adhesive on the millwork and placed it. They had no reason to believe it is not adhered.
      In order to check for lack of bond one does a spot check. Standing over the worker's shoulder while placing the adhesive is not required.






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