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April 19, 2019

Back-to-back Trial Wins for Partner Jessica Biagi

Congratulations to Jessica on her two jury trial wins and a great start for 2019!

Day Care Defense

Jessica successfully defended both a day care and school district against a negligence claim brought by the family of a 6 year-old minor plaintiff who fell off monkey bars on a playground and fractured her arm. Plaintiffs alleged the injuries sustained required surgery and further claimed she had a permanent flexion contracture deformity.  The plaintiff initially sued both the school district who owned the playground and the day care responsible for supervising the minor plaintiff on the playground, but voluntarily dismissed the school district with prejudice on the eve of trial.  Plaintiff asked for more than $400,000, but Jessica made the case that the defendants were not negligent in any aspect of their supervision. After a 4-day trial, the jury found no negligence and returned a full defense verdict.  

Premises Liability Case Involving “Eggshell Plaintiff”

A 27 year old plaintiff filed a premises liability claim against a fraternal organization arising out of injuries the plaintiff allegedly sustained after falling down stairs on the defendant’s premises and suffering an ankle fracture. Plaintiff alleged that a loose handrail caused her to fall. Plaintiff underwent an initial surgery and a subsequent hardware removal surgery. She further claimed that she suffered blood clots, including a pulmonary embolism, as a result of the occurrence and was required to be on blood thinners for the rest of her life.

Jessica Biagi vigorously defended the fraternal organization over the course of a 6-day trial, where over 12 witnesses were presented including the surgeon, three hematologists, and the physical therapist. Plaintiff presented three post-occurrence witnesses who testified that the handrail moved one to three inches in each direction. Additionally, Plaintiff called an architect who opined the handrail was unsafe and violated applicable building codes as well as a hematology expert who opined that the blood clots and need for lifelong medication was related to the occurrence. Plaintiff asked for a verdict in the amount of $1,520,031.12.  However, Jessica made the case that the handrail did was not the cause of Plaintiff’s fall, and within only one hour of deliberation, the jury agreed and returned a full defense verdict.  

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