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Personal Injury

The following are examples of Bradley & Gmelich’s case results in matters involving personal injury.

Facts: On Sept. 7, 2010, plaintiff Charity Brown, 37, was shopping at the Marshalls store in Carlsbad. She pushed her shopping cart into an alcove at the back of the store where she believed the restroom was located. After determining that the restroom was not inside the alcove, she backed out of the alcove and across the aisle. Plaintiff filed suit against Marshalls of California LLC, Marshalls, and Tjx Companies Inc., claiming that she struck her head when she backed into a shelf on an endcap on the other side of the aisle.

Charity Brown claimed $900,000 for past pain and suffering, and $4.4 million for future pain and suffering. Peter Brown claimed $500,000 for loss of consortium.

SPECIALS IN EVIDENCE: MEDS: $33,957 Future MEDS: $500,000 LOE: $121,000 Future LOE: $1.7 million

Result: After a seven day trial and a one hour deliberation, the jury found for the defendant and plaintiff was awarded nothing.




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