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$2.3 Million Awarded For Bicyclist Injured By Construction Hose

When a construction company laid a large hose across a newly-developed Florida sidewalk, safety protocol stated that they should have closed off the entire sidewalk to ensure the safety of all passers-by. But the crew decided not to follow protocol, leaving the unmarked obstruction where it was – and their negligence caused a bicyclist to suffer a life-altering, traumatic brain injury. 

As Jane rode through the area, the front wheel of her bicycle snagged on the hose, and she ended up flipping over the handlebars and falling headfirst onto the concrete. No one from the construction company even came to her aid, and the injury to her brain was severe enough to affect her for the rest of her life. 

Jane’s husband contacted attorney Joseph Kopacz of Morgan & Morgan to represent Jane and seek compensation for her injuries. Joseph began preparing for the case to go to trial, and pulled together experts in the fields of human factors, MOT violations, and health – along with DK Global – to create an animation that would clearly explain the Defendant’s liability and Jane’s resulting trauma. 

The Defense argued that Jane was partially at fault for not noticing the hose; however, Joseph’s expert testified that the Defendant’s was solely liable, since the protocol was to close off the entire sidewalk for the duration of the project. Then, Joseph presented a reconstruction animation of the incident, clearly explaining Jane’s coup-contrecoup injury as she hit the pavement – as well as her additional injuries, including fractures to her skull, clavicle, ribs, and pelvis. Jane’s enhanced, colorized medical imagery was also shown, giving a clear view of the lesions and hemorrhaging to her brain, along with a verified description of her cognitive deficits. The presentation demonstrated the permanent obstacles that Jane would have to face due to the accident, including increased depression, anxiety, panic attacks, and headaches.

With the trial in September delayed due to the ongoing pandemic, Joseph entered a non-binding arbitration, armed with all of the irrefutable evidence – and achieved an award of $2.3 Million for Jane.

Before joining Morgan & Morgan, Joseph Kopacz worked as a Defense Attorney for numerous large insurance companies where he received invaluable experience and knowledge that now aids his current clients who experienced catastrophic injuries. Joe has received an “AV Rating” by Martindale-Hubbell, the highest peer rating given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.

 


"DK Global helped out tremendously in getting all the experts... and getting the animations to fit the demonstratives so we could get them admitted into evidence, and obviously use them for arbitration."
Joseph Kopacz - Morgan & Morgan
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