Phillip Bryant Awarded Defendant Verdict in Personal Injury Case

PS Partner: Phillip Bryant

We represented: Jon Mueller

 Venue: Circuit Court of St. Louis County, Missouri, Division 5

Facts:

Plaintiff Troy Manzella, then age 18, and defendant Jon Mueller, then age 19, played indoor soccer on opposing teams in an adult recreational league.  According to defendant Mueller, plaintiff exhibited overly aggresive behavior toward defendant throughout the game.  At one point, Manzella hit Mueller in the chest hard enough to knock the wind out of Mueller and to cause Mueller to fall to his knees.  As he began to rise, Mueller saw Manzella approach in an aggressive manner with clenched fists.  As Mueller stood, he attempted to push Manzella away.  As he rose, and as Manzella continued to approach, their heads collided and Manzella sustained a broken nose.  Plaintiff Manzella denied that he acted aggressively toward Mueller.  Manzella contended that, without provocation, Mueller intentionally head-butted Manzella’s face.  Mueller contended that he was not liable for plaintiff’s injuries.  As for plaintiff’s damages, it was pointed out that the deviated spetum was surgically corrected one week following the incident. Three months later, the plaintiff was hit in the nose by another player during a basketball game and the nose was pushed in.  Defendant’s expert, Dr Antisdel, opinioned that current headaches are the result of allergies rather than the nasal fracture.

Last Demand: $300,000

Last Offer: $20,001

Special Damages:  $16,518 medical expenses

Verdict:  Defendant’s Verdict

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