Articles Posted in Traumatic Brain Injury

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Allen Ginn, the owner of a trucking company, drove his truck to a sawmill to unload the logs he was hauling. When he reached his designated unloading area, the mill employees instructed him to release the tie-down straps on his load. As he did that, a log fell onto him striking him directly on the head and back.

Ginn was 49 years old at the time and suffered a subdural hematoma, a subarachnoid hemorrhage and skull fractures. He also had spinal fractures at L1-3 and fractures to his right hip and the right side of his pelvis. He was in a coma for several days. He later went through a regimen of physical therapy and rehabilitation.

As a result of this incident, Ginn has suffered a brain injury, occasional seizures, memory loss and chronic fatigue. He will likely require supervision and assistance with daily living activities well into the future.

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Leonardo Davila, 65, was working for a security company that was hired by Premium Assets Inc. Premium was hired to provide security to an office building. While Davila was working near the building loading dock one evening, an unknown assailant attacked him.

Davila suffered a traumatic brain injury as a result of the assault and is now blind. He was earning $30,000 annually.  His medical expenses were approximately $450,000. Davila brought a lawsuit against Premium Assets, claiming that it chose not to secure the loading dock with a fence despite knowledge of vagrancy and drug activity in that area. The jury was persuaded that the management/ownership of the building, Premium, had knowledge that working near this building was a risk because of the prior criminal activities in the area.

The jury’s verdict of $25 million included $3.25 million in punitive damages.  Davila was represented by Robert C. Hilliard and Thomas J. Henry.

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