A defense neuropsychologist claimed their client was faking a rare psychological condition for money. The jury's response? Nearly $7 million for the plaintiff. Jared Mazzei and Jessica McBryant secured this verdict on behalf of their client, who was injured after falling at a Kohl’s store. The case featured compelling surveillance video, late admission of liability from the defense, and a strategic division of physical and psychological injuries. Host Keith Fuicelli explores how the team from Ramos Law countered defense claims of malingering with powerful rebuttal testimony and compelling video evidence.

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Episode Snapshot

• The slip-and-fall occurred when a Kohl's employee removed COVID decals using Goo Gone-type products but failed to properly clean the area or post caution signs.
• Compelling surveillance video captured the entire incident, showing the client's feet going out from under her and her head hitting both an end table and the tile floor.
• The client developed functional neurological symptom disorder, a rare psychological condition that caused involuntary movements, speech difficulties, and walking impairments.
• Strategic division of the case between physical injuries (handled by Jessica) and psychological injuries (handled by Jared) helped the jury conceptualize the complex medical conditions.
• The defense neuropsychologist accused the client of malingering, claiming she was faking her symptoms for financial gain.
• Jared's cross-examination strategy included purchasing the MMPI-3 manual and creating a PowerPoint showing how the neuropsychologist’s interpretations contradicted the official test manual.
• Powerful rebuttal testimony effectively dismantled the defense expert's malingering claims using the actual test manual standards.
• Videos of the client's symptoms in the hospital, including her relearning to walk and involuntary movements, proved devastating to the defense's malingering theory.
• The jury awarded $6,945,040 total: $1,000,040 in non-economic damages, $650,000 in economics, and $4,875,000 in physical impairment.

The information contained in this podcast is not intended to be taken as legal advice. The information provided by Fuicelli & Lee is intended to provide general information regarding comprehensive injury and accident attorney services for clients in the state of Colorado.