Gray•Duffy Achieves Defense Verdict in Wrongful Death Action

February 2009

Overview

John Duffy and Michelle MacDonald successfully defended a well-known downtown Los Angeles nightclub in a wrongful death and personal injury action, obtaining reimbursement for expert fees of more than $30,000 for their client.

Discussion

Ortiz v. The Entertainment Group, Inc.

Two male patrons of a nightclub were ejected by security after participating in an altercation with an assailant and other patrons. After exiting, the two men became involved in a second altercation with the assailant in an adjoining parking lot to the nightclub wherein one male was stabbed to death the other was seriously injured.

The plaintiffs, the seriously injured male and the mother of the deceased, demanded $3 million in settlement discussion prior to the trial from the defendant, the nightclub. On the eve of trial, the plaintiffs indicated that they would accept $1 million; however, the plaintiffs asked the jury for a minimum of $2.5 million.

The jury agreed with Mr. Duffy and Ms. MacDonald’s argument, determining that the nightclub was not negligent in this incident, and denying the plaintiff’s claim for punitive damages. As the prevailing party, the nightclub was entitled to its costs through trial, as well as reimbursement of expert fees in excess of $30,000, due to the plaintiffs rejecting a statutory offer.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.