Gray•Duffy, LLP Negotiates Early Settlement for Nominal Amount on Behalf of Defendant in a Bodily Injury Lawsuit

July 2014

Overview

Barry D. Brown of Gray•Duffy’s Redwood City office resolved a bodily injury claim against the firm’s client for the nominal sum of $1,000.

Discussion

Mona L. Martinez vs. City of Salinas, et al The plaintiff, Mona Martinez, tripped and fell on a sidewalk in the City of Salinas on July 21, 2012. The sidewalk was immediately adjacent to a Kentucky Fried Chicken restaurant owned and operated by Gray•Duffy’s client, Gibbs 129, Inc. Ms. Martinez filed a lawsuit naming the City of Salinas and Gibbs 129, Inc. as defendants. She sustained a broken wrist and claimed lost wages as a teacher. Gray•Duffy took an aggressive position in the case that the condition of the sidewalk was not the responsibility of Gibbs 129, Inc. and that it was the responsibility of the City of Salinas. Early on, Gray•Duffy took the deposition of the City of Salinas’ Public Works Director who confirmed that it was the City of Salinas’ responsibility to repair sidewalks and that it was years behind in repairing the City’s sidewalks due to budgetary constraints. As a result of this deposition, Gray•Duffy was able to resolve the case with Ms. Martinez for a total amount of $1,000. Thereafter, the firm negotiated with the City of Salinas for mutual dismissals of cross complaints so that the firm did not need to file a Motion for Determination of Good Faith Settlement. The case was eventually settled by the City of Salinas for an undisclosed amount.

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.