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Personal Injury Lawsuit: Bellingham Club Sued for $500,000 after Serious Neck Injury
After a two-week trial, the Whatcom County Superior Court jury heard closing arguments yesterday afternoon in regards to a $500,000 personal injury lawsuit filed against Fairhaven Pub & Martini Bar by Leon Rogers, 53, of Bellingham, WA.
The lawsuit states that bouncers at the establishment knocked him over while removing an unruly patron from the bar, causing him to fall backward onto the floor and break his neck during a concert there in 2006.
Lawyers for the defense disputed that and called a witness who testified that he saw Rogers fall out of a bar stool and strike his head on the floor.
The witness for the defense did not mention seeing Rogers fall off the stool in his first interview with an investigator, according to testimony, but he mentioned it in a subsequent deposition about a year ago and testified to seeing it at trial.
Lawyers contend that Rogers is the only person who says he was knocked over by bouncers; no witnesses testified to seeing Rogers get knocked over.
“There were over 200 people there,” the lawyer said. “Not one single person will come to court and say that bouncers knocked over Mr. Rogers.”
Rogers’ attorney said that his client reported he was knocked over from the very beginning. He went as far as calling an ex-girlfriend of Rogers to testify that she heard him give that account while in the back of an ambulance waiting to be taken to St. Joseph hospital.
Rogers gave that account to a nurse during a medical interview prior to surgery. The nurse testified at trial that she had also gone to the concert and described seeing several other people getting forcefully removed from the bar.
A doctor also recorded that account in his medical records.
“It’s a simple case,” Roger’s lawyer said in closing arguments. “If you don’t believe Leon Rogers was knocked over by a bouncer, we lose. If Leon chose to make up a story, he did it in an odd and strange way.”
The lawyer for the bar said that there just wasn’t enough evidence to prove his client’s negligence.
“This case isn’t about whether Leon Rogers is a liar … or whether the Fairhaven Pub & Martini Bar throws people out of the bar wild west style,” the bar’s lawyer told the jury. “This case is about evidence. If you come to court asking for a [half] million dollars, you have to have some proof of it.”
The lawsuit is seeking damages based on Rogers’ $54,000 in medical expenses, compensation for lost wages based on earnings of about $100,000 annually before the injury, and $150 per week for the rest of his life.
A serious neck injury can be very detrimental to a person’s overall lifestyle. Beyond the initial pain and suffering, it can affect the person’s over all range of motion for the rest of their lives. It is also one of those injuries that can be easily re-aggravated and requires the person to adjust their lifestyle to accommodate that.
If you or someone you know has suffered a serious personal injury due to the negligence of a business or government organization then some of the best advice you can receive is to find a skilled personal injury lawyer to represent your interests and assure that you get the compensation you deserve. Call Phillips Webster for a free consultation regarding your legal options.
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