Firm News
Personal Injury Jury Verdict Brought in Under Client's 998 Offer
Ross Nott obtained a jury verdict below a CCP section 998 offer compromise issued by his client prior to trial. Plaintiff alleged that she sustained a shoulder rotator cuff tear that required surgical repair when she attempted to move her grandchild out of the way of falling debris after the client drove her vehicle through the front of Plaintiff's store. The defense admitted liability, but contested the nature and extent of Plaintiff's alleged limitations following surgery, contested the amount of medical special damages claimed by Plaintiff and excessive claims for general damages. Plaintiff counsel argued for more than $500,000 in damages and the jury returned a verdict of less than $68,000 which was further reduced to $42,000 reflecting award of costs and expert fees to the defense. The jury agreed with the defense experts'opinions regarding the reasonable value of medical services provided as well as the fact that Plaintiff's alleged ongoing limitations were either overstated or related to degenerative conditions of the shoulder predating the accident.
Summary Judgment for School District in Brain Injury Case
The firm obtained summary judgment in favor of a school district/public entity client sued by a former student who sustained a brain injury while playing varsity softball. The plaintiff claimed that a helmet provided by the high school failed to withstand an impact with a sharply batted ball which struck the plaintiff on her helmet during a game. On summary judgment, the district prevailed upon a showing that the helmet was appropriate for use in high school athletics, complied with all rules and guidelines regarding impact dampening, and that plaintiff lacked evidence of any defect in the helmet itself.
Defense Verdict
Ross Nott received a defense verdict in a high-speed motorcycle versus automobile collision case involving a rural road notorious for deadly accidents. The case involved a claimed right-of-way violation against a motorist defended by the firm as well as a dangerous condition of public property claim against a public entity. The motorcyclist sustained substantial injuries to his pelvis, arms and legs requiring several surgeries and more than $500,000 in past medical special damages. The case turned on accident reconstruction, vision and human factors expert opinion with more than 10 experts being offered by the parties. Mr. Nott successfully argued that the speed of the motorcycle along with the limited sight distance for his client satisfied the "emergency condition" defense.
The firm successfully defended a school district and several employees for alleged mistreatment of an autistic student. The case was aggressively prosecuted for four years. After three weeks of trial, the court granted judgment in favor of all defendants and awarded them $40,000 in costs.