Howd and Lundorf Wins Defense Verdict in Zip Line/Minor Traumatic Brain Injury 

(December 4, 2021) Howd and Ludorf partners Chris Vossler and Rachel Bradford successfully defended a minor traumatic brain injury case involving a claimed zip line- related injury. In summations, plaintiff counsel asked for a multi-million dollar award of compensatory damages.

The case involved the plaintiff’s use of a zip line that was designed to allow the user to let go, and drop intentionally into the water below. The plaintiff claimed that she was struck in the face by the water as she entered it, and that the force of the water caused her to sustain a concussion. Plaintiff alleged negligent training, negligent supervision of employees, use of inadequately trained employees, failure to warn customers of risks and failure to inspect the activity. Liability was contested, as were all damages claims given the nature of the claimed injury. Both sides presented multiple experts to address liability and damages issues. Randy Smith of Vestals Gap and Rich Klanjscek of Sea Fox were testifying defense experts, as was Dr. David Faust of URI. Plaintiff’s expert was Brian Avery.

After 3 weeks of trial in November 2021, a Covid-challenged period, the Hartford CT Superior Court jury found that the park operator was not negligent and returned a verdict for the defense.

Source: Howd & Lundorf, LLC