Gray•Duffy Obtains Defense Verdict Following a Jury Trial, and a Judgment for Costs Against Plaintiff

October 2010

Overview

Jack Liebhaber of Gray•Duffy’s Encino office obtained a defense jury verdict in a lawsuit arising out of an automobile accident. The jury found no liability for the plaintiff’s alleged injuries, resulting in a judgment for costs against the plaintiff in the amount of $38,659.

Discussion

George Saba, Josephine Saba vs. Reyes Juarez

Jack Liebhaber of Gray•Duffy represented Elizabeth Juarez who was driving a 1999 Silver Dodge Durango, with her husband, defendant Reyes Juarez. Suzanne Saba was driving a 2000 Honda Accord with plaintiffs Josephine Saba and Freda Saba as passengers. Ms. Juarez pulled to the side of road to adjust her seat and was in the process of re-entering the road when she struck the plaintiffs’ vehicle that had come from the freeway off-ramp. There were no witnesses to the incident and the police were not called to the scene.

Ms. Saba claimed she suffered from dizziness as a result of the accident, which led to her falling and breaking her right hip around April 2008. She also claimed she was disfigured as a result of the accident by sustaining a scar on her leg and hip as a result of her right hip surgery. However, Ms. Saba’s medical records revealed she was diagnosed with moderate osteoarthritis in the right knee prior to the incident. Additionally, she was assessed as being a high risk for falling due to her poor vision.

At trial, the plaintiff claimed medical expenses of $196,686.26. Prior to trial, the defense offered a settlement of $6,000 which the plaintiff rejected. As a result of the trial, the jury found no causation between the accident and the plaintiff’s claimed injuries. As a result of the defense verdict, the defendants were awarded approximately $38,659 in costs, which became a judgment against the plaintiff.

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.