Nightmare Weddings Worth Up To $1,200,000 | Double Episode | Personal Injury Court transcript

today on personal injury Corp you are suing for $1.2 million we come and hit this tent and we immediately fall out bounce off and hit the ground you all could have been killed out there we could have been I thought I was dead this is the hard wearing your back I can't even make love to my own husband they were hurt because they were hanging off the side of the basket when this all took players ultimately they're responsible for pins in their back and the fact that we're responsible make love anymore wow may you need we're going to have Order in the Court Judge Gino Brogden spent 10 years on the bench ruling on cases worth billions of dollars now he presides over some of the largest claims in TV history this is personal injury Court good day everyone this is the matter of Simon versus Nelson Mr and Mrs Simon is my understanding that you're suing Mr Nelson and his company magic in the air it's a hot air balloon company you all sustain severe injuries while riding in his hot air of balloon you're asking this court to award you medical bills of $275,000 lost wages of $75,000 emotional distress of $350,000 pain and suffering of $500,000 for a total Award of $1.2 million is that correct your honor and Mr Nelson you believe believe that had they heated your safety instructions while they were in your balloon they never would have been hurt this is their fault is that correct yes your honor all right well let's get into the legal sauce what led y'all to want to ride in a hot air balloon well your honor um we've been married for about eight years now he's my high school sweetheart um we've been in love since the first day that I met him and we're kind of a outgoing Bunch he's my thing one I'm his thing to and we just love to have a good time we like to grab Life by the horns and just be adventurous you know what other kinds of things have y'all done other than riding hot air balloon well last year for our anniversary we went skydiving the year before that I think we did rock climbing and it's just always diving everything we're we're that couple like our lives is very very active we are doing something every week that's something that's always fun y'all sound like Thrill Seekers though oh yeah so Mr Nelson tell me about magic in the air well you honor I have a very successful hi air balloon service um I've been in business successfully for 25 years now we've got a strong online presence uh if you look at our website you'll see all kinds of reviews that are positive and reinforcing with respect to the kind of customer service that we provide some of our customers come back two three four five times they come back to fly so we at uh Magic in the air we we feel like we're trying to create a magical experience that's just a hot air balloon ride you ever had anybody get hurt before this incident no as a matter of fact we haven't had any kind of incident with respect to this so Mr Mrs Simon tell me what happened it was a beautiful day you know um we were super excited uh I had the night before I went and purchase a camera because I wanted to capture every moment I want to take a million in one pictures as I always do so we get onto the hot air balloon and we decided we just start kind of ascending in the air and as soon as we take off huge gust of wind just comes out of nowhere and we go right into this tent and it tumes us over we fly into the tent and down face on the ground you all actually came out of the basket came out of the basket and hit the ground we we hit the ground like like rag dolls you on like just imagine we bounce off the tent and then just like on the ground and this is from like about a good 30 feet in the air you all could have been killed out there we could have been I thought I was dead I couldn't move my back was in pain this is of people dream about or have nightmares about real you know and we're used to doing fun stuff and it's like how could this have happened to us on our anniversary like this day will never be the same I will always remember that day as the day that we almost died so Mr Nelson how does this kind of thing happen well um to be honest with you your honor uh we were having an eventful day that day and and uh we were celebrating our anniversary as well as the Simon celebrating theirs tell me about your anniversary which which one was it it was our 25th anniversary in business and and um normally what I do at the beginning of the ride before we Ascend I give the instructions and I did that day just like I always do now I had told them both that what they needed to do was to stay in the center of the gondola and that's the basket that's up underneath the hot air balloon your honor who stands in in a hot air balloon to stand in the center of the balloon no one does that maybe people who are told to stand there there you go there you go yes okay now you see how big Sheriff Matt is would he be standing in the middle uh yeah I guess he would but you give the same instructions to everyone yes oh yeah exactly I mean I have to otherwise it's not going to work and and also not any sudden movements at that point in time okay well they obviously weren't listening because as I ascended they immediately ran to one side of the gondola they leaned over the side we did not lean over the side they started address me Miss Simon please they started taking pictures as they're leaning over the side now I'm scream taking off yeah and I'm screaming and hollering for them to get back into position and they just totally ignored me they just Simon did did you all hear Mr Nelson saying stand in the middle don't go to the edge don't make any St we couldn't hear anything because it was so loud and as soon as we ascended the gust of wind came out of nowhere which caused us to move in the gondola the the problem is we were way too close to the tent he doesn't want to admit it we were way entirely too close to that tent Mr Mr Simon you all submitted an exhibit to explain this yes sir I want you to take me through it we'll put it up on the uh plasma here take your time Miss Simon thank you coming up soon as we send off the ground the gust of wind comes out of nowh and we come and hit this tent I remember hearing a crack in my hip I remember hearing the break if I thought I was dying in that moment I'm sorry can I you can do whatever makes you comfortable if you need to sit down your wheelchair take your time in order to understand how this balloon works from a physics perspective the court has consulted physics expert Katie Lowry the balloon basically Rises diagonally toward the tent and ultimately collides with the tent [Music] as soon as we take off a huge gust the wind just comes out of nowhere we fly into the tent and down we hit the ground like like rag dolls you H know just like on the ground you all submitted an exhibit to explain this yes sir I want you to take me through it soon as we send off the ground the gust of wind comes out of nowhere and we come and hit this tent right at the tip of it it tips us over and we immediately fall out bounce off and hit the ground face first it's the worst experience I've ever experienced in my life I almost fell out as well and the point is your honor they not only endangered their lives but they endangered my lives and and the lives of the people on the ground well you realize you weren't hurt and they were badly hurt right exactly you don't have any because they were hurt because they were hanging off the side of the basket when this all took place this would not have happened had they stayed inlo no exactly that's my point as you can see from this diagram your honor the wind basically took control of the hot air balloon so you weren't trying to go to the edge and take pictures no sir and we as you can see we were way too close to this tent Miss Simon you may come back to the podium take your time now Mr Simon you've been quiet like a good husband he's an amazing husband tell me what you remember about this incident I feel like I don't remember much of the Fall much of the bounce I remember hearing a crack in my hip I remember hearing the break I remember not knowing if that was my break cu the pain I was in or the break of my wife I didn't know if I was going to see her again I didn't know if I was going to see see again period myself I thought I was dying at that moment let me let me tell you what's making me ticklish it takes a lot of discipline to stay in the middle of that basket until you get to the right height I could see myself running to the edge right we were just trying to get to a certain point to where we can get good pictures I automatically saw that sounds like you're walking toward the edge though no I meaning standing in the gondola we want to see the views and we're trying to get to a certain level that we can see all of that and you're honor nobody said they couldn't see that I just told them during the liftoff to stay centered once we got up there certainly they would be able to move more to the perimeter how high are you supposed to get before they can move from the center okay as a licensed pilot of hot air balloons I have to be certified in certain media mological uh areas yes sir and uh we don't have an engine in a hot air balloon all we have is the wind that's what controls are moving forward and backward and from side to side on that particular day it was a great day weatherwise there was like a slight four M hour wind out of the Northwest but that's insignificant that's nothing for hot air balloon that's a good day to fly is it Mr Nelson definitely and he's supposed to be an expert and it's his job to make sure that we're safe that's not completely correct under the law the law requires Mr Nelson to act reasonably to reduce the risk of harm not to ensure that you're not harmed next I actually have a broken back I have permanently Rod I'm sorry but you're responsible oh you're sorry The you said sorry Miss Simon please address me thank you Miss Lowry for being with us can you explain the physics behind how this accident happened the balloon would have risen 50 ft vertically barely barely missing the tent with the gust of wind it absolutely would have basically collided with the tent and there's absolutely no way you could have avoided a [Music] collision they started taking pictures as they're leaning over the side I'm SC you're taking off yeah the wind basically took control of the hot air balloon Mr Nelson you knew what the wind was like that day right exactly and you're supposed to anticipate what the wind is going to be that was a shearing wind that came across and this was what I call a perfect storm okay it was the Simons Crossing to the side of the gondola leaning over the side tilting the basket where the flame the burner could not ignite the the uh balloon if they had not moved to the edge even with the win this wouldn't have happened no of course not no they would have never fallen out Mr Mrs Simon you all submitted $275,000 in past medical bills yes sir I see that you're asking the court for $775,000 for lost wages we haven't worked in weeks since since the because we've been in the hospital so y'all not working you're trying to heal up and we're going to be out three more months because we have to have rehab I actually have a broken back that I have have to now I I have permanently R I'm sorry but you're responsible oh you're sorry said sorry please add you have said sorry Miss Simon please address me you submitted this uh diagram from your doctor this is the hardware in your back they put these rods in to stabilize all those levels I can't even make love to my own husband simple things that I'm I'm I'm used to do and I can't do anymore it's hard to even sleep and that's why you're asking this court for $500,000 for your pain and suffering and $350,000 for emotional distress Mr Simon you broke off the top of your femur you need a hip replacement you got your arm in a sling what were your other injuries my hip my pelvis your honor and my I'm sorry can I you can do whatever makes you comfortable if you need to sit down your wheelchair take your time thank you your honor the pain has been non-stop since since the accident we can't do things like walk our dog you h i you know what I I have sympathy for what has happened to them but I I can't take blame for this it's not my fault I mean ultimately they're responsible for pins in their back and the fact that we're responsible for love anymore wow folks we're going to have Order in the Court in order to understand how this balloon works from a physics perspective the court has consulted physics expert Katie Lowry Sheriff will you bring Miss Lowry in to talk to us about these hot air balloons yes sure thank you Miss Lowry for being with us can you explain the physics behind how this accident happened yes so I brought along a model with me today and upon Ascent the balloon rise at approximately 3 ft per second um the day of the incident the wind was traveling at 4 mph Northwest and it was causing the balloon basically to go horizontally so when you combine those two together the balloon basically Rises diagonally toward the tent and ultimately collides with the tent but Mr Nelson talked about this sudden gust of wind this uh shearing wind how does that play in this so at the balloon launch site it's approximately 100 ft from the tent and taking those wind speeds into consideration even without the gust of wind the balloon would have risen 50 fet vertically barely barely missing the tent with the gust of wind it absolutely would have basically collided with the tent and there's absolutely no way you could have avoided a collision your honor en Nelson is 100 ft appropriate yes it's more than appropriate if in fact they were not hanging off the side of the Gilla she's not taking that into consideration I think I've heard what I need to hear I'm ready to render my my decision the verdict is in you all say you stayed in the middle and you hit the tent it tipped you out of the basket and you were nearly killed Mr Nelson you don't think it's your fault one because you had a wind come at you that was unexpected and they moved to the edge of the basket tipped it just as you hit that tent [Music] the wind basically took control of the hot air balloon if they had not moved to the edge this wouldn't have happened no of course not at the balloon launch site it's approximately 100 ft from the tent and there's absolutely no way you could have avoided a collision in every personal injury case the plaintiffs Mr and Mrs Simon you all have to prove that the defendant committed a wrong that caused your harm your harm is Undisputed there are allegations that you all went to the side of the basket and made it tip you all say you stayed in the middle and you hit the tent it tipped you out of the basket and you were nearly killed this should not have happened this way and you all should have had a happy anniversary Mr Nelson you agree that this should not have happened this way but you don't think it's your fault one because you had a wind come at you that was unexpected and they moved to the edge of the basket tipped it just as you hit that tent you don't have a problem with being 100 ft from the tent as a clearance for takeoff no you're well we always have to turn to the law hot air balloons are no different than buses trucks when you carry people for hire you're recognized as a common carrier now the law places an extraordinary burden to avoid negligence on a common carrier because you take away people's opportunity to protect themselves the law says is if you're slightly negligent you're responsible this court is taking judicial notice of the federal law that applies to hot air balloon operation and the handbook for the FAA the Federal Aviation Administration that granted you your license says as follows the balloon should be placed as far as possible upwind from any obstructions to flight such as power lines trees buildings things of that sort using a minimum of 100 ft of clearance for every knot of wind now I did the calculations Mr Nelson you should have been at least 350 ft from these tents and because you must avoid even slight negligence as a common carrier I must find against you and in the Simon's favor for everything they are from this thank you Mr and Mrs Simon I am going to award you your past medical bills of $275,000 your lost wages of $75,000 every bit of your emotional distress for $350,000 and all of your pain and suffering of $500,000 for a total Award of $1.2 million in thank you thank you that is my final verdict and this matter is a done thank you your [Applause] [Music] honor today on personal injury Corp so a piece of this kind of Mato actually got into your eyeball I felt this loud crash a piece of the plat just burst into my eyeball it sliced my face open she'll have permanent vision loss you're suing for $140,000 she knew there was going to be plate smashing it was written on the wedding invitation she should have removed yourself what should have been an exciting event for you really turned into a nightmare judge Gino Brogden spent 10 years on the bench ruling on cases worth billions of dollars now he presides over some of the largest claims in TV history this is personal injury Court good day everyone this is the matter of Morris versus Papadopoulos Miss Morris based on the documents you file with this court it's my understanding you are suing Mr Papadopoulos for injuries that you received while you were at his restaurant during a wedding you're asking this court to award you $25,000 for your past medical expenses $155,000 for your future medical expenses $100,000 for pain and suffering for a total Award of $140,000 right yes your honor and Mr Papadopoulos you believe that Miss Morris knew what she was getting into any injuries she has they're because she assume the risk of those based on what was happening so this is not your fault right yes your honor all right well let's get into the legal sauce what led you to this wedding your honor I'm a real estate agent and my face is my calling card I was at a wedding reception at a polos and what was supposed to be a joyous and happy occasion turned into tragedy and I ended up in the emergency room tell me about your restaurant Mr Papadopoulos thank you your honor I'm the unknown operator of an authentic Greek restaurant Apollo's Tava outside of Greece we have the bestop and Musa in the world now do you host a lot of wedding receptions yes we do your honor indeed um I am a second generation Greek uh my family is from the island of creit my parents God Rest their souls opened up the restaurant Apollo's Taverna so Miss Morris tell me about this wedding and how your eye was injured your honor one of my clients invited me to his wedding the wedding was held at a really nice Greek Orthodox church it was beautiful Beau but afterwards the reception was held at a poo STNA and I can't complain the food was amazing the place was beautiful I brought a date with me and we were having a great time but as the night progressed everybody started drinking there was a lot of wine it got very Rowdy weddings can be that way yeah and they started to do the traditional Greek smashing of the plates in the middle of the in the middle of the floor and everything your honor I had never been to a Greek Wedding before before so this was the first for me so I got up from where I was sitting and I went to take a picture I was curious I've never been to this so when I got closer all of a sudden I felt this loud crash on the right side of my face and a piece of the plate just burst into my eyeball it sliced my face open there was blood everywhere it was the worst feeling ever my face felt like it was on fire like it was burning my date that was with me had to pick me up and take me straight to the emergency room so a piece of a plate hit your actual eyeball A Shard of it went into my eyeball yes Mr papadopolis that's not how a wedding reception is supposed to turn out right no your honor well how is this supposed to happen well let me tell you plate smashing is a Tim honored tradition especially at Greek weddings centuries ago they would smash a placeat to trick the evil spirits into thinking that the people were angry and mad instead of celebrating today we smash plates at weddings to symbolize the married couple letting go of their past life and moving forward into their new life together so at this wedding reception it was no different than any other that we have we smashed plates it was a request of the bridal party simp honor the request may I finish please I'm going to have order in this court y'all can't talk to each other you talk to me I understand the importance of the tradition but someone nearly lost an eye why wouldn't that be your fault well you're onor she knew there was going to be plate smashing at the time of the reception it was open and obvious it was written on the wedding invitation in black and white that there will be plate smashing number one number two I made an announcement prior to the reception and the plate smashing that there would be plate smashing she was fully aware she should have taken responsibility for herself if she had any concerns of her own welfare she should have removed herself from the reception well under the law that's an open and obvious danger setting aside any other facts why wouldn't you know the danger your honor I had never been to a Greek Wedding before but you've read an invitation before right honor but I did some research on this and now the Greek weddings what they throw are napkins and flowers they do not do plate smashing anymore but Miss Morris he did a an announcement at the beginning and said there will be plate smashing not flowers and napkins right why didn't you just get up and get out of there your honor I was under the impression that the plate smashing was just going to be in one area and one of his waiters walked around and there were smashing plates everywhere I had no idea that that's how plate smashing went I had never been to a wedding like this your honor see under the law open and obvious dangers don't need a warning because everyone can see its danger right I didn't know I this is a very important tradition right yes she should have removed herself knowing that that was going to take part or maybe you should have removed her and anybody else that didn't want to get hit with a plate coming up your honor we use plastic Master plates these plates are for the ceremony yes okay and your honor the plate that hit my eye was a piece of a ceramic plate to understand the difference between a ceramic plate and a plaster plate this cord is consulted a ceramicist a plaster plate when it breakes the edges are soft and rounded a ceramic plate edges will be like glass they'll be sharp and jagged [Music] a piece of the plate just burst into my eyeball I made an announcement that there would be plate smashing Mr Papadopoulos when this is done right what kind of plate are you supposed to use your honor we use plaster plates okay in fact I have a photo Sheriff will you get this Photograph this is a photograph of a carton of plaster plates that we buy from my restaurant a plier okay M Morris did you see who threw the plate his waiters were all drunk that night they were drinking and don't drink on the job your honor your honor the plate that hit my eye was a piece of a ceramic plate I have proof of it show me this is a piece of the ceramic plate that hit my eye Sheriff Matt will you get that piece of in the middle of everything that was happening I was able to pick that up and put it in a napkin I brought it in for you today and it's actually in the picture so a piece of this kind of material actually got into your eyeball yes your honor it was extremely painful Mr papadopolis your folks aren't supposed to be throwing these plates right exactly what I think happened is one of the dinner desks accidentally picked up one of the dinner plates a ceramic plate and threw that by mistake and I can't be H be responsible for something I'm sorry sir talk to me I'm I'm so sorry that's clear enough right yes sir you're please talk to me I cannot be held responsible for something that one of my dinner guests did at the wedding but if one of your employees is throwing it you understand that you're responsible I did not see any of my employees throwing a ceramic plate we have none of the waiters seeing anybody throwing a ceramic plate there are no eyewitnesses to any of my people throwing a ceramic plate to understand the difference between a ceramic plate and a plaster plate this court has consulted a ceramicist Miss Daphne Dale Sheriff will you get Miss Daphne Dale in the courtroom yes R how are you Miss Dale I'm good your honor how are you I'm doing well thank you for being here now we've been discussing the difference between a plaster plate and a ceramic plate what is the difference first of all a plaster plate is never fired in a kiln meaning it still has moisture in it and it's still very porous so when it breaks the edges are soft and rounded a ceramic plate will be fired in a kilm and so the edges will be like glass they'll be sharp and Jagged just like glass can you demonstrate how they come apart when they're shattered absolutely all right next first I'll break the plaster plate and next I'll break the ceramic plate as you can see there's quite a bit of difference between the two shots well this court has consulted Dr Tama Walker Blake that laceration severed her lacal or tear duct system and if you don't make tears your cornerer could be affected and that could end up with permanent vision loss well with these kinds of injuries what's Miss Morris's [Music] prognosis this is a piece of the ceramic plate that hit my eye your honor we use plastic plates to understand the difference between a ceramic plate and a plaster plate this cord is consulted a ceramicist can you demonstrate how they come apart when they're shattered absolutely now which one are you going to throw first first I'll break the plaster plate and next I'll break the ceramic [Music] plate as you can see there's quite a bit of difference between the two shards the claster one is quite soft and rounded on the edges the ceramic one is a lot more like glass it's quite sharp and quite dangerous thank you ma'am we appreciate you you are released Miss Morris you're asking this court to award you $25,000 for your past medical expenses and $115,000 for your future medical expenses tell me about your injuries your honor I suffered severe eye injuries I think she's exaggerating lost I lost my peripheral vision hold on for a minute you do realize that this young lady got an injury to her eye maybe a permanent injury I I am very sorry one thing I'm not going to stand for in this courtroom is an insult or you being dismissive you understand I haven't made my decision yet you might want to hold off on that kind of attitude Miss Morris tell me about your injuries you're honor I cannot see I can't drive a car right now I can't sell my houses anymore I can't I can't even go to the grocery store of having people look at me I have severe lacerations on my face and I'm going to have to have ongoing surgeries I want to understand the nature of her injuries from a medical perspective so this court has consulted Dr Tama Walker Blake she's an emergency room physician Sheriff Matt will you get Dr Walker Blake in the courtroom yes your honor thank you sir good day doctor good day thank you for being here you're welcome can you explain the nature of the plain of's injuries so the plates had suffered a inner eyelid laceration that laceration severed her lacrimal or tear duct system which affects the eyes ability to make tears so what's done to PR this injury an opthalmologist perform surgery where they'll place a stent or a tiny tube to repair that duct and allow the eyes ability to make tears again tears are very important to the health of your eyes it helps to decrease infection it helps to clean your eyes and if you don't make tears your corn ear could be affected and that could end up with permanent vision loss well with these kinds of injuries what's Miss Morris's prognosis so there is a 70% % chance approximately she'll have a full recovery but however there's always a chance she'll have permanent eye problems doctor thank you so much we appreciate you you are released thank you Miss Morris your face is pale as you listen to this testimony what should have been an exciting event for you really turned into a nightmare it did your honor it did Miss Morris you've shared this Shard with us today I'm looking at it it's clear that this kind of glass cut your ey how do you know that it was not another guest your honor I have proof I have a photo evidence Sheriff Matt will you get the photograph the waiter that threw it that was actually provided to me from my one of my customers a client that I attended the wedding to and he provided that picture for me he was drunk multiple people saw him and as you can see he's holding a ceramic plate because it shines in the light it's a ceramic plate it's not plaster Mr papadopolis is that gentleman in the back with a ceramic plate one of your [Music] employees the verdict is in you put up evidence today that you go to a wedding reception this one went wrong because one of Mr papadopoulos's employees smashed a ceramic plate and A Shard went into your eye and changed your life forever Mr papadopolis you believe this is fairly simple she's coming to a Greek Wedding the tradition is to smash the plates you believe it's her fault cuz she knew what was going to happen at the wedding folks I think I've heard what I need to hear I'm ready to render my [Music] decision I felt this loud crash it's clear that this kind of glass cut your eye how do you know that it was not another guest your honor I have proof I have photo evidence Mr Papadopoulos is that gentleman in the back with a ceramic plate one of your employees that is one of my employees your honor but but I don't know I I don't know if if he was just posing for a picture that somebody was taking I mean I can't even tell if that's a ceramic plate there's a rim on that plate wouldn't it be this kind of plate uh yes your honor but like I said I don't know that that was ever thrown folks I think I've heard what I need to hear I'm ready to render my decision in every personal injury case the plain if you miss Morris you've got to prove three things you've got to prove that Mr Papadopoulos or one of his employees were wrong that their wrong caused your harm yes your harm is beyond dispute I'm not going to address that because it is clear that you've had a terrible injury you've put up evidence today that you go to a wedding reception you expect to have fun see folks get married it's all happy when it goes right but this one went wrong because one of Mr papadopoulos's employees smashed a ceramic plate and A Shard went into your eye and changed your life forever Mr papadopolis you believe this is fairly simple she's coming to a Greek Wedding the tradition is to smash the plates and the plates were smashed she got hit in the eye and you don't believe it's sufficient proof that one of your employees through a ceramic plate sending shards around the room but most of all you believe it's her fault cuz she knew what was going to happen at the wedding well this is very simple in terms of the law family tradition societal Traditions they are very important because they Mark big events in our lives but whether you're jumping the broom or shooting a shotgun off in the 4th of July or carrying someone on your shoulders at a wedding reception those are all potentially dangerous activities and the law says regardless of the occasion you must be safe and if you're going to engage in dangerous activities you must protect the people around you here this is a dangerous activity throwing plaster or ceramic and I saw no evidence that you Mr Papadopoulos put safety measures in either making sure your employees were not throwing plates or making sure that customers were out of the zone of danger when you don't protect your customers you are responsible under the law and therefore I find in your favor Miss Morris I'm going to award you $25,000 for your past medical expenses $115,000 for your future medical expenses and every penny of your pain and suffering of $100,000 for a total Award of $140,000 against the defendant that is my final award and this matter is a journ w [Applause] [Music] [Applause] [Music]