Plaintiffs Accept Settlement Offer 12% of Demand After 4.5 Years of Litigation
On January 20th, 2021, Debra Braasch and co-counsel, settled a case for for $3,750,000 following a 998, policy limits demand of $31,000,000 from which plaintiffs refused to budge and steadfastly claimed was the value of this case for more than 3 years. The case involved a pregnant woman who was involved in an accident with an 80,000-pound dump truck. Although pregnancy was intact after the accident, the child was born prematurely at 26 weeks. The adult plaintiff claimed a broken hand and neck and back injuries which were treated with epidural injections and physical therapy. Surgery was recommended for her low back. The mother’s economic and non-economic damages were opined to be in excess of $6,000,000. Plaintiffs claimed that the child’s premature birth and all attending problems were caused by the accident and the stress the mother suffered as a result of the accident. They also claimed that during the accident, the fetus suffered a significant brain malformation/brain injury to the corpus callosum resulting in seizures and developmental delays. The child’s medical expenses were in excess of $2,500,000, his life care plan, which included assisted living, was between $9,200,000 and $21,000,000 and his economic damages were calculated at $29,000,000. Defendants denied that mom needed back surgery, denied that the child suffered any type of brain injury as a result of the accident and denied that his premature birth was caused by the subject. The depositions the defense took of the mother’s OB/GYN and plaintiffs’ experts ended up being quite helpful for the defense. At mediation with Janet Fields and on the eve of trial, the plaintiffs increased their settlement demand to $45,000,000. Several days later, they finally agreed to accept $3,750,000 in full and final settlement of all claims, which is approximately 12% of their 3-year-old, $31,000,000 policy limits demand and 7% of their $51,000,000 total damages evaluation.
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Read MoreSuccessful Anti-SLAPP Motion Removes Defendant from Case
On December 18, 2020, Esther Choe of Macdonald & Cody, LLP obtained a favorable ruling in Orange County, granting Defendant’s anti-SLAPP motion and striking Plaintiffs’ entire unlimited complaint for malicious prosecution against Defendant.
Defendant claimed to be the victim of fraud and manipulation by her business partners and friends as well as the attorneys that represented them. She turned to the Court to redress the wrongs committed against her, but she was only partially successful. Her former business partners were dismissed from her lawsuit and then filed a malicious prosecution action against her, seeking over $150,000.00 in general damages as well as punitive damages.
Esther Choe filed an anti-SLAPP motion to strike Plaintiffs’ complaint against Defendant. After extensive briefing and oral argument the Court issued its ruling in favor of Defendant, granting Defendant’s anti-SLAPP motion, denying Plaintiffs’ request for attorney’s fees and costs, and allowing Defendant to file a motion for attorney’s fees and costs against Plaintiffs.
Read MoreDefense Verdict Secured on a Cyclist Versus Automobile Case
November 2020, Nadin S. Said secured a defense verdict in Orange County. The accident occurred at the intersection of Lemon and Orangethorpe in Fullerton, California. The Plaintiff was a 60 year old bicyclist who was riding her bicycle against traffic on the sidewalk. As she approached the intersection, she claimed the pedestrian cross signal turned green and rode her bicycle into the roadway. Defendant was driving an SUV, intending to turn right on a red light at the intersection. Defendant’s car allegedly impacted Plaintiff. Plaintiff experienced a tibia plateau fracture that required 10 days hospitalization, subsequent hospitalizations due to infections in the surgical wounds and a subsequent surgery to remove the hardware installed in her left leg. Plaintiff retained an orthopedic expert who testified Plaintiff would need a total knee replacement due to the accident, costing $60-80,000.00. Defendant only retained an accident reconstruction expert.
Prior to trial, Plaintiff demanded $100,000. Defendant offered $50,000.00.
At trial, Plaintiff counsel sought approximately $500,000 with some comparative on Plaintiff for riding the wrong way. The jury found Defendant was not negligent.
Read MoreBicyclist v. SUV- Defense Verdict
November 2020, Nadin S. Said secured a defense verdict in Orange County. The accident occurred at the intersection of Lemon and Orangethorpe in Fullerton, California. The Plaintiff was a 60 year old bicyclist who was riding her bicycle against traffic on the sidewalk. As she approached the intersection, she claimed the pedestrian cross signal turned green and rode her bicycle into the roadway. Defendant was driving an SUV, intending to turn right on a red light at the intersection. Defendant’s car allegedly impacted Plaintiff. Plaintiff experienced a tibia plateau fracture that required 10 days hospitalization, subsequent hospitalizations due to infections in the surgical wounds and a subsequent surgery to remove the hardware installed in her left leg. Plaintiff retained an orthopedic expert who testified Plaintiff would need a total knee replacement due to the accident, costing $60-80,000.00. Defendant only retained an accident reconstruction expert.
Prior to trial, Plaintiff demanded $100,000. Defendant offered $50,000.00.
At trial, Plaintiff counsel sought approximately $500,000 with some comparative on Plaintiff for riding the wrong way. The jury found Defendant was not negligent.
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Successful Result in Los Angeles Case with 91 Year-Old Plaintiff Who Sustained a Fractured Femur
On March 5, 2020, Scott Macdonald of Macdonald & Cody, LLP obtained a successful verdict in Long Beach, CA. The case involved a 91 year old man who sustained a complete fracture of his femur after being forced to the ground by debris from a shattered trash dumpster enclosure which had been struck by the 93 year old defendant.
The plaintiff is a retired Navy Veteran. He was forced to undergo placement of an intramedullary nail placement. Thereafter he had one month of hospitalization and in-patient rehabilitation care. He then transferred home and had in-home care and assistance of relatives. While he managed to attend a tribute to Veterans in Washington D.C., “Honor Flight”, he was forced to do so while confined to a wheelchair. While he made a miraculous recovery, testimony from family members established that the plaintiff was not the same individual that he was prior to the accident.
Pre-trial negotiations were attempted. Plaintiff would previously not negotiate from their $1.5 million dollar demand. Prior to trial, plaintiff demanded $750,000 but would not come below that number. The defense offered $300,000 with indications that more money would be offered in negotiations. Plaintiff’s C.C.P. Section 998 offer prior to trial was $750,000, and the defense 998 was for $300,000. The jury awarded $350,000.
Read MoreMultiple Epidural Injections in a Low-Impact Case
On December 3, 2019, an Orange County Jury awarded a total of $2,500 for three plaintiffs with combined Medical Bills of over $225,000. Scott Macdonald of Macdonald & Cody, LLP tried the case after plaintiff refused to negotiate off of the $100,000 policy limit demands for both adult plaintiffs and offered no serious discussions regarding the minor plaintiff. The adult plaintiffs were offered $35,000 and $30,000 by way of C.C.P. Section 998 offers. The minor plaintiff was offered $15,000 by way of C.C.P. Section 998.
The accident occurred when defendant rear-ended plaintiffs’ vehicle. Plaintiffs’ vehicle was pushed into a third vehicle. The occupants of the lead vehicle claimed injury and were those cases were reasonably resolved. Plaintiffs all took ambulance rides to the hospital. They called their lawyer and were immediately referred to chiropractic treatment. All three plaintiffs were given MRI exams of all spinal levels. The two adult plaintiffs were referred to pain management doctors. Both plaintiffs had a series of three cervical epidurals given at two-week intervals, followed by three lumbar spine epidurals given at two-week intervals. Both plaintiffs had their epidurals on the same days. Both plaintiffs claimed no relief from any of the treatment obtained. The medical specials for the two adult plaintiffs were $106,000 and $107,000.
The defense presented the testimony of a biomechanical engineer who opined that the accident in question was insufficient to produce forces which would cause anything other than minor symptoms which would be expected to resolve within hours. The defense also presented the testimony of a neuroradiologist who testified that the injections administered were not indicated and gave no medical benefit to plaintiffs. Finally, the defense orthopedist told the jury that based upon his examination of plaintiffs and his review of the records that no care and treatment beyond the initial emergency room visit was reasonable or necessary. Plaintiffs own orthopedic expert admitted on cross-examination that 80 to 90% of the individuals involved in this collision would resolve without any care or treatment.
Plaintiffs filed a Motion for New Trial which was denied.
Read MoreMock Jury Aids in Settlement During Trial
On November 12, 2019, Scott Macdonald and Debra Braasch of Macdonald & Cody, LLP obtained a favorable settlement after four days of trial. This wrongful death case was settled for just above the final pre-trial offer and within authority. The settlement amount was less than half of the eight figure demand that plaintiff counsel said he would never accept to resolve the matter once policy limits had been demanded and said offer allowed to lapse.
The case involved the death of a Cal Trans worker. The litigation was highly emotional and the incident was the subject of publicity. The facts of the tragic incident were such that it was necessary to litigate the issue of liability as there was substantial comparative fault on the part of the decedent. The family of the decedent were a loving and tight-knit group, and the decedent was a caring and devoted husband and father. To prepare for the trial of the matter, the team from Macdonald & Cody, LLP employed the services of a company that set up a Mock Jury. Theories and defenses were well-tested in order to properly prepare the case for trial. The Mock Jury confirmed that the defense team’s determination of the case value was correct and that trial would be necessary.
At trial, plaintiff’s case began to substantially weaken. While the damages side of the case would always be sound, plaintiffs began to appreciate the real possibility that a significant finding of fault on the part of the decedent was likely. Therefore, on a Friday and after four days of trial negotiations began again in earnest. The defense team, led by Macdonald and Braasch, held to the area of the pre-trial offer and resolved the matter to the extreme pleasure of their clients and principal.
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