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11.27.2015

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.

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