Thomas Comer (Partner-New York, NY) and Christin Brown (Associate-White Plains, NY) obtained a defense verdict on behalf of a large international hospitality concessionaire, after a two-week trial in Ulster County Supreme Court. The plaintiff raised the demand from $2 million to $10 million just before trial commenced wile Tom and Christin maintained their top $250,000 offer throughout. The case involved a trip and fall in New York’s LaGuardia Airport. The plaintiff alleged she was struck by an ice box carried by our client’s employee and suffered physical and psychiatric injuries. She claimed she was unable to work and will likely need nursing care, and her now ex-husband claimed loss of services. Tom and Christin presented evidence that plaintiff’s symptoms were a result of a histrionic personality disorder, supported by an expert who testified that plaintiff’s orthopedic injuries were minimal, had mostly resolved and that some were preexisting and degenerative. The plaintiff’s treating neurologist confirmed that objective studies were normal. Further, over objections, the court permitted the introduction of the traumatic brain injury claim, which was diagnosed using DTI testing, which is not generally accepted by the scientific or medical community. Our defense neurologist, neuropsychologist and neuroradiologist testified that plaintiff did not sustain traumatic brain injury as a result of the alleged accident, while attributing plaintiff’s alleged neurological condition to preexisting histrionic personality disorder. A vocational rehabilitation specialist testified that the plaintiff is fully capable of working. Tom and Christin proved to the jury that our client and its employee were not negligent. The jury deliberated for eight minutes before returning a defense verdict.