 
Defense Verdict On Damages: Case Dismissed
On December 22, 2004, Kenneth S. Merber won a defense verdict on behalf of a Manhattan parking garage, whose attendant struck the pedestrian plaintiff while driving an SUV around the block. Although our client had already been found liable for hitting the plaintiff, the issue of damages was tried before a New York County jury. Plaintiff, a highly compensated executive at a large corporation, claimed she sustained a traumatic brain injury that has adversely affected her short term memory, her focus, her mental recall and mental sequencing. After deliberating for approximately 15 minutes following a 2-week trial, the jury issued a defense verdict, rejecting plaintiff's claim and finding that she failed to satisfy New York's "serious injury" requirement for bringing a law suit.
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