Attorneys Mike Bennett and Kim Rhodes secured a verdict in favor of Giant Food, LLC after litigating a two-day jury trial in the Circuit Court for Charles County on August 30 and August 31, 2017. The claimant, who appealed the decision of the Workers’ Compensation Commission finding in favor of Giant Food, alleged a traumatic brain injury resulting in seizures following a trucking accident. While there was no doubt that the claimant sustained benign injuries to his shoulder and neck, the dispute over whether he sustained a traumatic brain injury was the focus of this entire case, as it would have exponentially elevated potential exposure. The successful verdict saved Giant Food not only from approximately two years of temporary total disability benefits and all costs of related medical treatment, but also from permanent total disability exposure.
Understanding the elevated potential exposure associated with this trial, Mr. Bennett and Mrs. Rhodes laid out their trial strategy nearly one year before stepping foot into court. The two combined their efforts in conducting extensive research into the details of the accident, including visiting the scene of the accident, identifying and securing key evidence immediately after the accident, researching and consulting with medical professionals regarding the claimant’s alleged injuries, and maintaining witness communication throughout the legal process. When it came time to execute the trial strategy, Mr. Bennett and Mrs. Rhodes brought in various visual demonstrative evidence to help the jury have a better understanding of the accident itself. If there was any doubt in the jury’s mind as to how this accident occurred, it was expelled when a video of the accident itself was played for the jury. The jury returned a unanimous verdict in favor of Giant Food at the conclusion of the two day trial.
While the potential exposure for this claim could have reached seven figures if the jury decided in favor of the claimant, the jury’s favorable verdict resulted in no money being awarded to the claimant as Mr. Bennett and Mrs. Rhodes proved to the jury that the claimant did not sustain a traumatic brain injury in the trucking accident.