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Steve Kim Obtains a Favorable Verdict in a Challenging Workplace TBI Trial (NJ)
January 6, 2025
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Defending complex cases often requires navigating a maze of facts, legal nuances, and emotional narratives. Recently, Steve Kim represented our client in a workplace injury case in New Jersey that tested the limits of what can be accomplished through preparation, teamwork, and a commitment to presenting the truth.
The matter of Jose A. Fernandez Martinez v. Pokora Wieslaw d/b/a W J Construction involved a plaintiff alleging severe injuries sustained during two separate workplace incidents. The claims ranged from traumatic brain injuries to spinal disc herniations, with demands suggesting significant exposure. Adding complexity, our client, the property owner, was the sole remaining defendant after other parties defaulted.
Our defense focused on highlighting the plaintiff’s comparative fault and exposing inconsistencies in his account of the events and the injuries alleged. Evidence showed that the plaintiff failed to adhere to basic safety protocols, such as wearing a hardhat despite his training. Through expert testimony and thorough cross-examination, we demonstrated significant gaps in the plaintiff’s version of events and raised serious questions about the severity and causation of the alleged injuries. Procedural victories during the trial further reinforced our position, enabling us to present a strong and cohesive defense. The jury composition, combined with the clarity of our arguments and the strength of our evidence, maintained a defense-friendly trajectory in a traditionally challenging venue.
After a thorough presentation of evidence and arguments, the case concluded with a favorable defense outcome, with plaintiff's award against our client being less than 10% of plaintiff's last demand before trial.