At most hardware stores and big box retailers, the uppermost shelves are used to store excess inventory. Where the bottom shelves are geared toward the customers, the top shelves are the employees’ territory. While loading the top shelf of an aisle with merchandise at a Home Depot store in Southern California, an employee carelessly positioned a box right at the shelf's edge. A military veteran happened to be strolling down that very aisle when gravity finally dislodged the box from its precarious perch. It plummeted twelve feet, breaking against the veteran's head and nearly crushing a nerve in his spinal column. The concussion that he sustained was temporary, but the brutal compressive damage to his neck was permanent.
The victim, Dustin, had served his country in the Marine Corps for over twenty years, mostly as a canine instructor. His incredible tours of duty had taken him from sweeping Ground Zero in New York for bombs to fighting in Afghanistan. He provided security for dignitaries throughout the Middle East and eventually joined the elite Marines Special Operations Command. He even defied the stereotypical rivalry between the United States military branches by training dogs for the Navy SEALs. After a distinguished career, he founded a canine training facility in San Diego and began hosting conferences. On the hot August day of his debilitating injury, he'd been purchasing a misting fan so that his clients would be more comfortable.
After years of testing his body's limits, Dustin knew better than to ignore the aftereffects of significant trauma. He called Jacob Stipp, the owner of Stipp Law Firm, and a fierce advocate for victims of negligent corporations that attempt to evade liability. Before becoming an attorney, Jacob adjudicated disability claims for the Social Security Administration and worked as a union steward. That unique knowledge and experience cemented his ability to navigate complex personal injury cases. Jake first ensured that Dustin sought and received all of the treatments he required.
Jake immediately began canvassing for witnesses and issued a spoliation letter to Home Depot, demanding that they preserve the box that had caused injury to his client. However, not only had Home Depot already disposed of this critical evidence, but they also asserted that their surveillance cameras hadn't recorded the accident. These conveniences emboldened them to insist that the box had weighed fewer than five pounds and couldn't have injured the Plaintiff. Nevertheless, Jake refused to accept their claims without questioning and verifying them. His tireless efforts to find the truth accomplished exactly that: he discovered an eyewitness who had photographed the box. Sure enough, it had been larger than and weighed roughly double what Home Depot had maintained.
The Defense also attempted to erode Dustin's already weakened stamina by having the case continued on multiple occasions. They obfuscated evidence and erected procedural barriers wherever they could. Worse, they hid the employee who'd caused the accident by not representing her and declaring that she no longer worked for them. Only after subpoenaing her did Jake learn that she remained employed at Home Depot but at another location. Still, their most compelling argument was that Dustin must have had a preexisting injury. In fact, he did; beyond wear and tear that anyone would expect of a war hero, he'd been involved in a motorcycle accident the prior year with similar symptomatology.
Despite the Defense's posturing, Jake was certain that he could prove that the Defendant caused Dustin’s neck injuries. He assembled a team of medical and biomechanical experts to solidify that Home Depot owed Dustin for its negligence. The biomechanical engineer confirmed that the accident involved a force sufficient to harm Dustin. The orthopedic surgeon and radiologist connected the biomechanical data to Dustin's medical findings to explain how the accident had exacerbated his preexisting injuries. Still, it would be difficult to convince a jury that such a small-looking accident had caused such terrible agony. Jacob's most challenging task was to compellingly show — not just tell — how Dustin had been wronged. With that monumental need in mind, he contacted DK Global and tasked them with creating two demonstrative presentations: an animation and a slide deck.
The animation reconstructed the scene at Home Depot. A slow-motion replay of the incident followed, accompanied by concise explanatory captions. A close-up of Dustin’s likeness highlighted the area of his head that was injured, as well as a secondary impact. Next, a view from a lower angle displayed how the Plaintiff’s body reacted to the severe force of the box crashing down on his head. The reconstruction concluded by zeroing in on the victim's skeleton and spinal nerves, pinpointing the precise area of injury.
DK Global's slideshow presentation began with a 3D overview of a normal neck and vertebra. The images set the stage for MRI imaging of the victim's neck after the prior motorcycle accident with brief explanations of his spinal problems at that time. A 3D model of his spinal nerve opening portrayed how it looked before his second accident, and sequential images showcased how his injury worsened over time. The slideshow ended with a summary of those painful changes.
The Defense's avoidant tactics made it clear to Jake that a trial was inevitable. He fought fire with fire and withheld DK Global's exhibits and other demonstratives until a few days before jury selection. The Defense's previous offers had been paltry: $25,000, $125,000, and $300,000. At trial, Jake revealed that the evidence was overwhelmingly against the Defense. They asked to reopen negotiations, but Jake wasn't interested. After hearing both sides, the jury returned a verdict of $2,400,000 — eight times higher than the Defendant's final offer. Dustin was elated that his three-year nightmare with Home Depot was finally over.
Jacob Stipp is the owner and manager of Stipp Law Firm, a boutique firm that specializes in personal injury and elder abuse. They have recovered tens of millions of dollars for their clients. Over his 15-year law career, Jake has been devoted to standing up for injured victims of corporations and insurance companies. In 2015 alone, he secured a seven-figure jury verdict and a six-figure jury verdict in one of the most conservative counties in California. In 2013, he was named a Top Young Attorney by the San Diego Daily Transcript. From 2016 through 2022, he was named a Super Lawyer Rising Star, a designation received by fewer than 2.5% of attorneys in California. Since 2020, he has been a member of the Multi-Million Dollar Advocates Forum and was named in the San Diego Union Tribune's Readers Poll of Best Personal Injury Firms.
