Morrison Mahoney Partner Joe Caffrey recently secured a defense finding of no liability by a three-attorney arbitration panel where Plaintiff alleged traumatic brain injury with permanent disability.
Plaintiff was a utility worker who arrived at Defendant’s home to perform telecommunications installation work. Following an argument regarding the scope of work, Plaintiff angrily departed the residence and sat in his work truck outside the Defendant’s premises.
Thereafter, Defendant departed the residence to obtain the name of the technician to report him to his employer and to inform the Plaintiff to not return to the Defendant’s home.
Plaintiff refused to roll down the window of the work truck or otherwise communicate with the Defendant. The Defendant testified that he opened the door to the Plaintiff’s work truck to speak with the Plaintiff but that the Defendant did not close the door to the Plaintiff’s work truck after having a brief conversation with Plaintiff. Plaintiff, however, testified that the Defendant slammed the truck door onto plaintiff’s forehead resulting in a concussion and traumatic brain injury. Plaintiff has been out of work since just after this alleged February 2021 incident and claimed six figures worth of lost wages and severe cognitive damage. The workers’ compensation lien for the claim was in excess of $600K. The Defendant denied making any physical contact with Plaintiff.
At the hearing Plaintiff’s work supervisor was cross examined and testified that Plaintiff initial verbal report about the incident indicated that the “assault” was only verbal and not a physical strike to plaintiff’s body. As such, the supervisor decided not to contact the police about the incident. Thereafter, plaintiff provided a different version of the incident and filed a workers compensation claim against his employer with allegation of physical assault by Defendant with alleged slamming of the work truck door by the Defendant against the Plaintiff’s head.
The case was mediated at Signature Mediation and Plaintiff rejected a substantial six-figure offer. The parties agreed to binding arbitration at JAMS before a three-member panel. After two days of hearing, the panel entered a finding in favor of the Defendant of no liability. The court action was dismissed by the Superior Court with prejudice.
