Shareholder Ernest L. Weiss Prevails at Trial in Case Involving Traumatic Brain Injury

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Klinedinst shareholder Ernest Weiss recently prevailed in a complex trial involving a four year-old who claimed she suffered traumatic brain injury after a bathroom stall door fell from its partition at a movie theater restroom, striking her in the head. The Plaintiff, in seeking a $23 million award, argued that plaintiff had sustained a grade 3 concussion, resulting in behavioral changes, decreased intelligence, and would suffer early onset of dementia. Weiss, representing the theater company, was able to convince the jurors that his client exercised proper inspection and maintenance and that there was no permanent traumatic brain injury, resulting in a unanimous 12-0 verdict for the defense.

Ernest L. Weiss, Esq.

Ernest L. Weiss, Shareholder in Klinedinst PC.

When someone has a bonafide brain injury, there is often little in the way of treatment options, which can significantly drive up the value of such a case

Klinedinst announced the recent success of Ernest L. Weiss after a four week trial in a multi-million dollar personal injury case.

In Moore v. Regal Entertainment Group, the Plaintiff was a four year-old girl who claimed she was injured after a bathroom stall door fell from its partition, striking her in the head. The incident happened in the restroom of a movie theater. The Plaintiff, her six year-old sister, and her grandmother were in the restroom at the time, and the Plaintiff claimed permanent, traumatic brain injuries from the falling door.

Mr. Weiss, representing the defense, contended that proper maintenance and inspection had been performed throughout the restroom, including the stalls. The defense also contended that, based upon the grandmother's testimony and physical evidence, the door had been forcibly pushed in the wrong direction, causing the door to separate.

As to the brain injury, the Plaintiff argued that she had suffered a "grade 3" concussion, resulting in behavioral changes and the potential for earlier onset of dementia. The Plaintiff brought in a neuropsychologist who testified that her injuries would become more severe over time. Attorneys and experts also contended that the Plaintiff would be unable to maintain employment, due to the injuries she suffered in the bathroom stall.

"Cases involving brain injuries are some of the toughest cases to defend before a jury," noted Greg Garbacz, shareholder and Chief Operating Officer of Klinedinst PC. "When you have a physical injury, such as a disc injury in a back, you can see the disc on an MRI and there are plain objective findings that jury can rely upon. With a brain injury, the science is still developing, and there can be significant disagreement on whether any objective findings are reliable or what they mean in terms of function compromise."

"When someone has a bonafide brain injury, there is often little in the way of treatment options, which can significantly drive up the value of such a case," added Garbacz, who also has tried brain injury issues. "A genuine brain injury impacts everything about a person, impacting emotions and interactions with everyone, from family members and friends to employers. As a result, a jury can easily reach a conclusion that the damage is irreparable, and that the person's life has been forever compromised."

Mr. Weiss contended, however, that the girl had not suffered any traumatic brain injury whatsoever. In fact, an examination after the incident revealed a normal CT scan. In addition, the Plaintiff had pre-existing speech and language delays, as well as attention deficit issues. Otherwise, she was an average child with an average IQ.

During the four week trial, the Plaintiffs argued future medical/neurophysical costs, combined with loss of future earning capacity, warranted an award of $23 million. However, after less than 90 minutes of deliberation, the jurors returned a unanimous 12-0 decision for the Defense.

"Ernie did a truly incredible job at trial," added John Klinedinst, Founder and CEO of the firm. "He was able to clearly distill the facts of the case, and demonstrate that there was no evidence of brain injury caused by the door. Plus, through physical analysis and witness testimony, the jurors agreed with Ernie that there was no negligence by our client. It was a tremendous victory."

The case was Moore v. Regal Entertainment Group, Kern County Superior Court Case No. S-1500-CV-269329-DRL.

The shareholders of Klinedinst congratulate Mr. Weiss on this hard-fought decision. To learn more about Mr. Weiss, please visit:

About Klinedinst

Klinedinst PC has achieved the highest rating for legal ability and ethical standards by Martindale-Hubbell. The firm and its attorneys are engaged in litigation and transactional law practice throughout California, serving clients from offices in San Diego, Orange County, Los Angeles, and Sacramento. For more information about the firm, please visit Klinedinst's comprehensive website at


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