Chris Begeman secured a defense verdict in a traumatic brain injury case. Plaintiff, who lives adjacent to a metal recycling facility, claimed that he was struck in the head by a metal object propelled from the recycling facility during the metal shearing process, resulting in traumatic brain injury and back and neck injuries. Plaintiff sought punitive damages because he alleged previous injury from similar objects propelled into his property. The trial court agreed with Mr. Begeman's argument that the recycling facility did not intend to injure Plaintiff and that the recycling facility lacked the requisite evil mind, dismissing Plaintiff's punitive damages claim. Mr. Begeman ultimately obtained a defense award by successfully presenting evidence that it was physically impossible for the object to have been propelled during the shearing process, and that the alleged injuries sustained by Plaintiff were not consistent with a person being struck by a metal object propelled over 40 feet through the air. As the prevailing party, Mr. Begeman's client was entitled to sanctions against Plaintiff for taxable costs and experts' fees incurred in defending the action.
Chris Begeman Secures Defense Verdict in Traumatic Brain Injury and Punitive Damages Case
Chris Begeman secured a defense verdict in a traumatic brain injury case. Plaintiff, who lives adjacent to a metal recycling facility, claimed that he was struck in the head by a metal object propelled from the recycling facility during the metal shearing process, resulting in traumatic brain injury and back and neck injuries. Plaintiff sought punitive damages because he alleged previous injury from similar objects propelled into his property. The trial court agreed with Mr. Begeman's argument that the recycling facility did not intend to injure Plaintiff and that the recycling facility lacked the requisite evil mind, dismissing Plaintiff's punitive damages claim. Mr. Begeman ultimately obtained a defense award by successfully presenting evidence that it was physically impossible for the object to have been propelled during the shearing process, and that the alleged injuries sustained by Plaintiff were not consistent with a person being struck by a metal object propelled over 40 feet through the air. As the prevailing party, Mr. Begeman's client was entitled to sanctions against Plaintiff for taxable costs and experts' fees incurred in defending the action.
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