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Marshall sued Schirmer alleging claims of assault and battery and negligence, seeking $650,000 in damages. GG&B was retained as defense counsel for Schirmer. During the altercation, Marshall sustained a fractured and dislocated left finger, resulting in five surgeries, with a future surgery recommended, and the permanent disability of her left ring finger. Her alleged damages included past and future medical expenses, property damage, loss of past and future earnings and general damages.
After an extensive trial, GG&B’s James Baratta secured a complete defense victory for Schirmer as to the assault and battery claim. While some liability was found on the negligence claim, the court attributed 70% comparative fault to Marshall and thus reduced her $650,000 in claimed damages down to a mere $43,000.
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