Colin Moore

The plaintiff was struck on the head by a bocce ball thrown by the defendant Goulet while seated on the outdoor patio of the defendant restaurant (Local).

The plaintiff suffered a mild traumatic brain injury resulting in chronic headaches, fatigue, and cognitive deficits.

The plaintiff settled with the restaurant via a Pierringer Agreement prior to trial.

At trial, Goulet argued the restaurant was contributorily liable for failing to erect a barrier or post warning signs.

The court found Goulet 100% liable, concluding that while the restaurant failed to post a warning sign, this breach did not cause the injury as Goulet knew throwing the ball was dangerous.

The court awarded the plaintiff general damages of $125,000, plus past and future loss of income, future care costs, and out-of-pocket expenses.

The plaintiff was injured in a rear-end motor vehicle collision for which the defendant admitted liability.

The court found that the plaintiff sustained a permanent, serious impairment of an important physical, mental, or psychological function, specifically chronic pain and somatic symptom disorder.

The court awarded $100,000 in non-pecuniary general damages, $394,800.32 for future loss of income, $19,655.37 for out-of-pocket expenses, and various amounts for future care costs, while dismissing the claim for past loss of income.