Gray•Duffy Obtains Noteworthy Jury Verdict Resulting in Net Judgment for Costs Against Plaintiff

April 2009

Overview

Jack Liebhaber of Gray•Duffy’s Encino office obtained a jury verdict in a lawsuit arising out of an automobile accident. As the jury’s award of damages was less than the amount of the defendants’ pre-trial settlement offer, judgment was rendered in favor of the defendants in the amount of $16,263.

Discussion

Angelica Araujo vs. Dana Manan, et al. Gray•Duffy’s client, Dana Manan, was driving eastbound on a road in Los Angeles and intended to make a left-hand turn. The plaintiff’s husband, Modesto Araujo, was driving westbound on the same road with seven people in the vehicle. The defendant made a left turn in front of the plaintiff, hitting her vehicle. The plaintiff claimed she suffered a serious injury to her shoulder and incurred medical expenses of $10,694.18. She was diagnosed with left shoulder impingement syndrome with a partial rotator cuff tear. Her medical expert opined that she would require surgery at an estimated cost of $20,000, inclusive of physical therapy and rehabilitation. On behalf of the defense, Mr. Liebhaber made a statutory offer in the amount of $15,000 which the plaintiff rejected. At trial, the jury apportioned liability, finding the plaintiff 49% at fault, with the defendants 51% at fault. The jury also found that reasonable and necessary medical expenses were $3,000, which was reduced by 49% to $1,530. Because of the statutory offer, the defendant was deemed the prevailing party and awarded costs of $17,793, less the verdict amount of $1,530, for a net judgment against the plaintiff in the amount of $16,263. The plaintiff then appealed the verdict and lost on appeal.

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.