Episode 29

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Published on:

18th Jul 2025

Jared Mazzei and Jessica McBryant - $6.9M Verdict Beats Malingering Claim in Slip-and-Fall Case

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.

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About the Podcast

Colorado Trial Lawyer Connection
The pursuit of justice starts here.

Join host Keith Fuicelli as we uncover the stories, strategies, and lessons from Colorado trial lawyers to help you and your clients achieve justice in the courtroom.

Our goal is to bridge the gap between theory and practice—connecting you to the proven strategies that work from the state’s most accomplished litigators—to sharpen your own skills in the pursuit of justice.

If this podcast is bringing value to your practice, be sure to subscribe and join us on every episode as we dissect real cases, learn from Colorado's top trial lawyers, and empower our legal community to reach greater heights of success. Keep your connection to Colorado’s best trial lawyers alive at https://www.TheCTLC.com

Ready to refer or collaborate on a case? The personal injury attorneys at Fuicelli & Lee can help. Visit our attorney referral page at https://TheCTLC.com/refer or call our Denver office at (303) 444-4444.

Fuicelli & Lee (https://coloradoinjurylaw.com) is a personal injury law firm dedicated to representing clients across Colorado who have suffered catastrophic injuries due to someone’s reckless or careless actions. Our top areas of focus include: car accidents, brain injury/TBI, truck accidents, motorcycle accidents, wrongful death claims, pedestrian accidents, bicycle accidents, drunk driving accidents, dog bites, construction accidents, slip & fall/premises liability, and product liability.

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.