In Pedestrian v. Governmental Entity (Nor. Cal. Sup. Ct.) Walkup partners Richard Schoenberger and Spencer Pahlke represented a tech engineer who was struck in a crosswalk by a government truck, sustaining a complicated jaw fracture and brain injury. Post-injury imaging disclosed no intracranial bleeding, nor was there any loss of consciousness. However, based on modest changes in their client’s technical aptitude at work, Rich and Spencer retained a team of experts in the field of brain trauma, including neurologists and neurobehavioral specialists. In addition they consulted with experts in tech programming to evaluate the impairment to the client’s earning capacity. Their work demonstrated that the brain injury had large negative economic consequences in the marketplace. Notwithstanding a pay raise the client received after the acute injury, working with economic experts and industry colleagues Rich and Spencer established the unique nature of the client’s future economic losses. Based on their highly detailed proof of future loss in earning capacity, Rich and Spencer were able to resolve the matter at mediation in the amount of $7,500,000.
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