Defended excess insurance company against claim that falling blowtorch which cracked the plaintiff’s hard hat and caused a comminuted and depressed skull fracture. Plaintiff alleged permanent cognitive and behavioral deficits, but defense experts proved that impairment was pre-existing and cross-examination revealed plaintiff was capable of caring for himself and others. Jury award did not exceed primary insurance policy, and no judgment issued against client.
Molo v. Southern Magic, Inc., 16th JDC (Hon. Bennie Hunter), St. Mary Parish, LA,
May 10-14, 2004