Hayes & Associates

“As a lawyer in…who has retained Toby let me tell you this, he is the BEST OF THE BEST in the business. Highest qualified. Most thorough. Best testifier. Incredibly “normal” on the stand and in person. And super likable to a jury. I remain the biggest fan of this man and his company! Truly second to no one I’ve ever seen in this business in my 33 years trying cases.”

— Plaintiff Attorney

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What We Do: Case Examples

Sports Injuries / Recreational Equipment

Personal Injury: Work Clearance v. Soccer

A 37 year-old tankerman slipped on algea covered boards while at work. While receiving long-term disability benefits, the tankerman participated in competitive soccer matches. *Did the subject sustain a low back injury from a fall at work? *What are the low back forces associated with vigorous soccer activities? *Given the subject’s ability to play soccer could he return to work?

Personal Injury: Ski Jump Paralysis

A 23 year-old man skied over a jump constructed by a ski resort and suffered permanent, continuing and irreparable damages, including a C3-4 cord contusion resulting in quadriplegia, a broken back at T4 and T7, and a broken right femur upon landing. The jump was not constructed in accordance with applicable standards and specifications for such jumps. *What was the orientation of the skier’s body upon landing? *What were the mechanisms of injury? *Had the jump been constructed properly, would the injuries have been prevented?

Personal Injury: Ocean Diving

A 14-year-old male sustained a fracture dislocation of the cervical spine at C4/5 and was rendered paraplegic after performing a shallow, running dive into about 2½ feet of water at an ocean beach. *What was the mechanism of injury? *Could the injury have been caused by a shallow, surface dive, as reported by the plaintiff, or was he performing a vertical swan dive as alleged by one witness?

Products Liability: Backyard Trampoline

After considerable urging by his family, a 49-year-old father of two reluctantly agreed to jump a few times on a backyard trampoline. On his third jump, descending from only about 12 inches, his sock-clad feet slipped out from under him and he rotated backward violently, striking the back of his head on the mat. He sustained a C4/5 fracture subluxation that resulted in a spinal cord injury and quadriplegia. *Did the fall occur as the victim described or was he instead attempting to do a back flip? *Did the frictional characteristics of the sock/mat interface contribute to the injury?

Products Liability: Weightlifting Equipment

A 25-year-old man was using Smith bench press when the weighted bar fell, striking him on the head. The bar was incompletely engaged in a predetermined slotted opening in the frame causing it to fall. As a result, he sustained severe and permanent injuries resulting in complete and permanent quadriplegia, which later resulted in his death two-years later. *Was the false latching of the bar on the Smith machine the mechanism of injury? *Is the story of the event as told by the injured party before his death consistent with his injuries?

Products Liability: Snowboard Immersion Death

A 22-year-old snowboarder was found head down in a tree well after having been missing for nearly 30 days. The long axis of her body was parallel to and was facing away from the tree. *Would the snowboarder have ended up in the tree well with her head down if her snowboard bindings had released during the fall, similar to skis? *Would the snowboarder have been able to escape the tree well if the bindings were releasable?

Products Liability: Boating Accident Amputation

A 40 year-old woman fell from the bow of a waterski/wakeboard boat and was struck on the left leg by the propeller, causing her leg to be amputated. At the time the woman fell out, the driver was turning the boat to pick up a wakeboarder already in the water. The woman claimed that the design of the boat allowed passengers to be ejected during normal usage and operation. *Could the woman have been ejected from the boat while seated in the bow in compliance with local boating laws or was she instead in violation of those laws and seated on the gunwale while the boat was underway?