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Plaintiff's closings on non-economic damages in catastrophic TBI crash case

Posted by Courtroom View Network on Feb 23, 2022 11:07:32 AM

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The trial: Faircloth v. Cantina Tallahassee, LLC, et al. 

 

The attorney: Mark Avera

 

Case summary: Jacquelyn Faircloth, then 18, suffered a catastrophic brain injury when she was hit by a pickup truck driven by Devon Dwyer as she attempted to cross a dark street. The crash left Faircloth with "locked-in" syndrome, unable to communicate verbally or care for herself. Both Faircloth and Dwyer had been drinking before the accident, and Faircloth's family sued both bars that served them. 

 

Synopsis: Avera contrasts images of Faircloth before the wreck with post-accident, day-in-the life video to detail what the accident has cost a young woman who was an active college freshman before the accident. Avera also highlights testimony from before-and-after witnesses including Faircloth's mother. "That life today is light years away from that promising life [Faircloth] would have led had this not happened," Avera says before walking jurors through the day-to-day activities and life events - marriage, a family, travel - that Faircloth will not experience.

 

The verdict: $30.8 million.

 

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Topics: Florida, Transportation, Traumatic Brain Injury, Non-economic damages, Closings, Plaintiff, Damages, Dram shop case