Howd & Ludorf, LLC Wins Jury Trial in Traumatic Brain Injury Case
A Bridgeport jury recently returned a verdictfor the defendant Town of Redding in the case of Brandon Smith v. Town ofRedding. Howd & Ludorf, LLC partner Thomas R. Gerarde defendedthe Town. Plaintiff Smith fell off a retaining wall in the Town ofRedding, suffered a TBI, and sued for absolute nuisance, claiming thewall was inherently dangerous because it had a 5’-6’ drop and lacked aprotective fence. Attorney Gerarde argued that the wall wasnot inherently dangerous, and the only reason Plaintiff had an accident wasthat he was intoxicated and did not notice a hazard that any reasonable andsober person would notice. Trial lasted two weeks, with testimony fromboth engineering and toxicology expert witnesses. A six person juryreturned a verdict for the Town after deliberating for 30 min.