Facts

Plaintiff Jeffrey Goodlund alleged that while he was shopping in the hardware department, a Home Depot employee passed by him pulling a ladder. The plaintiff claimed that the employee caused a box weighing 10-15 pounds to fall from a height of 14-16 feet and strike him on the top of the head. Following the accident, the plaintiff declined to fill out an incident report and left the store to continue with his work duties. The plaintiff returned to the store a few hours later to fill out an incident report because he complained of a headache and neck pain

Home Depot was unclear as to how the incident occurred, as there were no witnesses. However, following the accident, the plaintiff handed the box at issue to a Home Depot employee. The box and its contents (hole saw sets) were identified in an incident report. Home Depot provided witnesses that testified that the box of hole saw sets weighed 7.6 pounds. Moreover, based on Home Depot's custom and practice in stocking merchandise, the box of hole saws would have been stored on the first overhead shelf approximately eight feet from the ground. The plaintiff stood approximately 5'10. As such, the box fell approximately 2-2½ feet prior to impact.

PLAINTIFF'S CONTENTIONS:
As a result of the accident, the plaintiff alleged that he suffered a traumatic brain injury and concussion that resulted in permanent deficits to his memory, attention and concentration. For the first few months following the accident, the plaintiff contended that he could not remember things longer than three seconds. Moreover, the plaintiff still suffered from severe short-term memory loss that manifested in moment-to-moment memory loss and required the plaintiff to institute compensatory strategies to assist his daily living.

The plaintiff also alleged that he suffered a spinal compression injury and ligamentous injuries to his cervical and lumbar spine. The plaintiff testified that he had constant and severe pain in his neck and back since the day of the incident. The unremitting pain caused plaintiff to lay down for a portion of each day.

The plaintiff's treating chiropractor/PT testified that plaintiff had a limited range of motion, problems walking and was in constant pain since the accident. However, the plaintiff's medical providers testified that upon examination, the plaintiff often had a normal neurologic examination, full range of motion in his cervical spine and no tenderness or muscle spasms. On plaintiff's first visit to a physician following the accident, he did not complain of cognitive deficits or lower back pain. He was diagnosed with a cervical strain and possible concussion. The plaintiff's primary care physician opined that plaintiff's concussive symptoms should have resolved in three to six months. Moreover, the neck strain should have resolved in six to 12 months.

DEFENDANT'S CONTENTIONS:
Home Depot did not dispute that plaintiff suffered a mild traumatic brain injury or mild concussion. Home Depot also did not dispute that plaintiff suffered a cervical strain as a result of the accident. However, plaintiff's injuries should have resolved within six to 12 months. Home Depot argued that plaintiff's symptoms were out of proportion to the incident and the objective findings.

Moreover, the plaintiff's presentation was atypical and inconsistent with a mild traumatic brain injury, including the fact that plaintiff had a clear recollection of what happened immediately after he was struck by the box; the fact that within a few days after the accident, the plaintiff went down to Los Angeles for a music convention; and that during the first three months after the accident when plaintiff claimed that his brain impairment was so severe he couldn't remember any information for more than three to four seconds, he went on a vacation to Switzerland.

Further, approximately six months following the accident, the plaintiff took and passed the State real estate persons examination. In addition, subsequent to the accident, the plaintiff enrolled at Sonoma State University and was working towards a degree in music and was on the Dean's List.

Settlement Discussions

Prior to trial plaintiff's lowest demand to settle was $1 million. Defendant served a C.C.P. section 998 offer for $102,000. At trial, plaintiff asked the jury to award $3 million and defendant suggested a verdict in the $50,000 to $60,000 range.

Specials in Evidence

$50,000 $20,000

Damages

The plaintiff sought approximately $550,000 in past and future economic losses.

Result

Verdict for $261,100.

Other Information

EXPERT TESTIMONY: The plaintiff and his retained experts contended that plaintiff was so badly injured as a result of this accident that he remained in constant unremitting back and neck pain, and that his memory and concentration were permanently impaired so that he was forced to abandon his prior occupation as a handyman/repairman and was not able to continue buying and flipping houses in Marin. Further, the plaintiff's attempt to work as a real estate agent failed due to problems with his memory. Defendant's experts questioned the magnitude of plaintiff's symptoms, as his symptoms were inconsistent with the objective findings and their observations. Further, the plaintiff admitted that he suffered a subsequent injury to his lower back that manifested in pain and sciatic symptoms. The plaintiff failed to disclose the injury in his deposition. Defendant's economist testified that plaintiff suffered only $1,100 in past lost wages. The plaintiff returned to work within a few weeks of the accident and earned the same or similar gross revenue post accident as compared to his pre-injury earnings.

Deliberation

1.5 days

Length

four weeks