$1.1M Verdict | Brain Injury | New York

This case involves the failure of a school administrator and softball coach to properly equip and supervise a middle school softball practice. In May 2013, the  plaintiff, a fifteen year old girl, was participating in softball practice indoors when she was struck in the head with an aluminum bat.

The coach arranged the girls in groups inside the gymnasium with two batters standing staggered back to back so that one girl was batting toward the wall and one was batting toward the center of the gym.  Pitchers were squatting down to the right of the batters. The girls were not instructed to wear any protective gear or helmets. 

The plaintiff suffered a head injury and experienced symptoms of post-concussive syndrome for years following the incident. The symptoms had a negative impact on her academics, mental health, and overall ability to participate in activities she once enjoyed. 

Our Mission

Attorney Brian Acard promised the family he would do everything in his power to hold the school accountable for their actions. He retained TTS for assistance including multiple Focus Groups to test liability and develop case themes, a Client Biography to show the extent of damages a brain injury can have on an individual and their family, Subpoena Tracking, and much more. 


Incident Location

Hear From the Trial Lawyer

"I brought Total Trial in to assist me on a significant brain injury case involving a high school aged student. TTS conducted in depth interviews with her closest family members and friends, and created a biography which provided insight into the extent of damages, both physical and emotional, which changed her life forever. I was then able to use that biography as a road map for my presentations during trial, and ultimately obtain a substantial verdict for my client."
Brian Acard
Trial Attorney

Our Work

Total Trial Solutions assisted our partner attorney for over two years on the case. Here is a quick summary of the work we performed. 

Multiple Focus Groups were conducted on this case in order to determine liability, develop safety rules, discover facts jurors “just can’t get over,” and uncover any negative attribution towards the plaintiff. Case themes were developed and then confirmed over the course of multiple Focus Groups, reassuring Attorney Acard of his stance. 

After a trial date was set, Mr. Acard tested his opening statement and voir dire questions using feedback from Focus Groups. Sr. Focus Group Moderator John Kiselak prepared reports on each Focus Group, which included written responses to the opening statement and a liability chart to apportion responsibility for the event. 

Client Biography

The plaintiff in this case suffered a head injury which resulted in painful headaches, memory loss, difficulty concentrating, personality changes, and impaired vision among other symptoms. Mr. Acard thought it was important for the jury to know what the girl went through, so he hired TTS Biographer Sarah Lunham to help tell her story. Sarah interviewed the young plaintiff and collected information about her academic career, social life, family, and plans for the future. Sarah spoke with girl’s parents, along with other relatives and friends, in order to gain a better understanding of who she was before the incident, and how she’d changed as a result.

Sarah relied on lay witnesses to showcase the damages in this case. The injured party couldn’t comprehend her symptoms well enough to articulate them, making her the worse person to tell her story. Sarah compared statements from lay witnesses from before and after the incident and crafted an insightful and captivating story. Attorney Brian Acard used the Client Biography as a road map during his trial prep. 


Attorney Acard hired TTS to conduct various research and investigations for his case, including Social Media Investigations, Verdict Searches, and other Government Database Searches.

Medical Record Support

The Medical Record Support Team assisted in delivering subpoenas and scanning and bates stamping certified records to ensure all medical records were complete and located at the courthouse prior to the trial.

Demonstrative Exhibits

The visual strategy team  prepared and enlarged exhibits for Attorney Acard to use in the courtroom.  Our specialist converted X-Ray and MRI films to printable formats and enlarged photographs and charts for Attorney Acard to use during trial. The team ensured the aids were produced professionally, printed appropriately, and delivered to the courtroom well in advance of the trial lawyer arriving.

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