Dave Simkins Obtains Defense Verdict

Dave Simkins represented Tower Tee recreational facility with respect to a lawsuit filed by a patron who was struck by a golf ball while using the batting cages at the facility. The Plaintiff alleged that Tower Tee was negligent in not putting up netting that could have prevented the accident. Following the accident, Plaintiff was taken from the scene in an ambulance and given a CT scan. He then followed up with additional neurological treatment. He alleged that he suffered a concussion, post-concussion syndrome, permanent memory loss and other symptoms as a result of the incident. The United Fire Group offered $11,000 to settle the suit against its insured, Tower Tee. Plaintiff rejected that offer and the case was tried in the Circuit Court of the City of St. Louis. Plaintiff admitted into evidence medical bills in excess of $11,000. In closing argument, Plaintiff asked for an award of $130,000. On November 15, 2007, the jury received the case and deliberated 3 ½ hours before returning a verdict. They awarded damages in the amount of $5,000, which was reduced by Plaintiff’s comparative fault in the amount of 30 percent, for a net verdict of $3,500.

Past results afford no guarantee of future results and every case is different and must be judged on its own merits.