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 More