Man With Skull Bashed in Awarded $58Mil

[Ben]

If it didn't have the accompanying news story, I would swear the picture here was photoshopped. The skull was literally bashed in, to look like a deflated basketball.

http://www.foxnews.com/health/2013/07/02/man-whose-skull-was-split-during-bar-fight-awarded-58-million-in-lawsuit/?intcmp=features

[Northwoods]

He probably deserved to win the lawsuit, but what was the point of $58mil?  They'll probably never collect anything, unless there's an insurance company involvd, and for a bar I can't imagine a policy limit much beyond $2-3mil.

[vaskidmark]

The security guard, Emerson Quintanilla, and the bartender-manager who sparked the attack have disappeared without a trace,

Who would have seen that coming?

stay safe.

[MillCreek]

I suspect there were many defendants, as the claimants searched for the deep pocket.  The security company may have substantial insurance, for example.  Perhaps he can now afford to have his skull rebuilt.  I wonder if they postponed the reconstruction either due to lack of funds, or they wanted to make an impression on the jury at trial.  If I was the plaintiff counsel, his appearance alone would drive up the value of the case, as everyone looks at him and goes 'ewww'.  So if there was no clinical urgency to have the reconstruction done, better to hold off for the jury.

[Sergeant Bob]

Wow! It's incredible he's still alive.

[TommyGunn]

Wow! It's incredible he's still alive.

+1.

I wonder if there's anything a neurosurgeon could do to restore the proper shape to the skull and --possibly -- restore some, if not all, brain function that's been lost?

[Ben]

Without trying to minimize what the guy has gone through, I'm simply amazed at the shape. I would have assumed something like that would be angular because of broken bone.

[MechAg94]

Being a disinterested 3rd party, my question is just:  Who is at fault? and Who is required to pay the money?  I hope it is the same person, but somehow I doubt it.

[Hawkmoon]

The security guard, Emerson Quintanilla, and the bartender-manager who sparked the attack have disappeared without a trace,

Just another case of our friends from south of the border doing the work Americans don't want to do ...

[Zardozimo Oprah Bannedalas]

Being a disinterested 3rd party, my question is just:  Who is at fault? and Who is required to pay the money?  I hope it is the same person, but somehow I doubt it.

It's not so much who's at fault, but who has the most money to sue for.

[MillCreek]

It's not so much who's at fault, but who has the most money to sue for.

We like to call that searching for the deepest pocket.  If the jurisdiction has joint and several liability, you can collect the full judgment from whichever party is found negligent, even if that party is only 1% negligent.  In practice, that means that the negligent party with the most insurance or assets can end up ponying up the full amount of the verdict if the other negligent defendants have no insurance or assets and is therefore judgment proof.  So if you are a personal injury attorney representing an injured party, you often like to name a number of defendants, at least some of whom have insurance and/or assets.  This maximizes your chance of recovering something.

PS: I forgot to mention that California does have joint and several liability for economic damages, and that is where this case was heard.  I suspect that after all the negotiations are over with, he will get a settlement for considerably less than the awarded amount.  The insurance companies only have to pay their policy limits, and there may not be a whole lot of assets you can attach and sell.

[MillCreek]

+1.

I wonder if there's anything a neurosurgeon could do to restore the proper shape to the skull and --possibly -- restore some, if not all, brain function that's been lost?

Oh, absolutely, at least in terms of restoring the skull shape.  They can essentially custom-manufacture a plate that restores the contour.  In terms of the brain damage, possibly not so much, depending on exactly what was injured and how long ago it was.

[Jamisjockey]

Wow! It's incredible he's still alive.

No no no.  A fistfight could never be life threatening......

[vaskidmark]

Oh, absolutely, at least in terms of restoring the skull shape.  They can essentially custom-manufacture a plate that restores the contour.  In terms of the brain damage, possibly not so much, depending on exactly what was injured and how long ago it was.

It appears that the injury was traumatic enough to require removal of brain mass.  It's not all that uncommon - trauma, disease, congenital missingness of brain.  Folks can get by quite well with only half a mind.  The earlier in life that happens the better the general outcome as there are fewer deeply embedded pathways that have to be rebuilt on the wrong side of the brain.  They make "inserts" to keep the surviving brain from sloshing after cranial reconstruction - it's the same material as they use for boy doggies.

Just a reminder for all you motorcycle riders - that is why they call your helmet a brain bucket.  And why it's not supposed to be soft, soothing, or comfortable.  All it needs to be is comforting to your next of kin.  (During a 6-month internship in a head trauma recovery facility I met a family that referred to that which sat in the wheelcair not as their son/brother/husband/father but as "stir fry".  It was how they coped.)

stay safe.

[Gowen]

No no no.  A fistfight could never be life threatening......

Isn't the the prosecutions case against Zimmerman?

[TommyGunn]

......  Folks can get by quite well with only half a mind.......

stay safe.

Interesting..... I wonder if people like that become liberals .....

[Sergeant Bob]

Isn't the the prosecutions case against Zimmerman?

It's supposed to be but however, it doesn't seem to be going that way.

[Stand_watie]

Interesting..... I wonder if people like that become liberals .....

Sarah Brady?

[vaskidmark]

Sarah Brady?

Perchance you mean Jim?

stay safe.

[Stand_watie]

Perchance you mean Jim?

stay safe.

Well she's the one speaking for him. I figured you could flip a coin as to whether or not he really cares anything about gun control.

[Levant]

Lawyers said an unlicensed, untrained security guard beat Chaj with a baton, kicked him in the head eight times and smashed his skull against pavement four times.

Read more: http://www.foxnews.com/health/2013/07/02/man-whose-skull-was-split-during-bar-fight-awarded-58-million-in-lawsuit/#ixzz2ZMoMc6aU

Those who still cannot see why Zimmerman had no choice except to shoot Treyvon Martin need to read this story and see these pictures.  This is what happens when your head is pounded on hard surfaces.

[Ben]

Those who still cannot see why Zimmerman had no choice except to shoot Treyvon Martin need to read this story and see these pictures.  This is what happens when your head is pounded on hard surfaces.

That's a really good idea. I need to actually give this link to several people I know that think Zimmerman getting his head pounded "was no big deal" and "people get in fights like that in bars all the time, you don't shoot anyone for it".

[makattak]

That's a really good idea. I need to actually give this link to several people I know that think Zimmerman getting his head pounded "was no big deal" and "people get in fights like that in bars all the time, you don't shoot anyone for it".

They'll just claim it was the baton that was dangerous, not the pavement. (No matter how stupid that sounds.)

[MillCreek]

My worst fear is head trauma: still being in good shape physically, but not having my cognitive skills and abilities such that I could not work in my profession.  It takes oh so little impact to have major permanent effects on brain function.  I never straddle a motorcycle or bicycle without wearing a helmet, since this is going to be my major possible source of head trauma.  I would take it very seriously if someone is trying to clout me upside the head.

[Ben]

My worst fear is head trauma: still being in good shape physically, but not having my cognitive skills and abilities such that I could not work in my profession.  It takes oh so little impact to have major permanent effects on brain function.  I never straddle a motorcycle or bicycle without wearing a helmet, since this is going to be my major possible source of head trauma.  I would take it very seriously if someone is trying to clout me upside the head.

As would I. It's just morbidly fascinating to me that the majority of people, both in the news and IRL that I'm hearing the "head bashing is no big deal" from, are progressive peaceniks who are otherwise appalled at violence, and will even make a big deal about verbal descriptions of violence being traumatic to them.