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FIRM WINS APPELLATE VICTORY!
Senior attorney Eric Kunkel has significantly reduced Client exposure by defeating a co-defendant's appeal - which requested that a Jury's finding be reversed as to its responsibility for the damages alleged in relation to the case.
In this action, the plaintiff had suffered significant injuries when the vehicle he was riding in was struck by a dump truck. After a full Trial, the Jury entered a $1.8 Million Dollar verdict against the Firm's client and a co-defendant in the case.
The co-defendant (not represented by Tharpe & Howell) appealed the Jury's verdict, arguing the Jury could not have found it negligent for the plaintiff's damages, and that the Jury's findings were inconsistent and necessitated a new Trial. [If the co-defendant's appeal was successful as to the liability apportioned, the Firm's client would have become solely responsible for satisfaction of the Jury award.]
On behalf of the Firm's client, attorney Kunkel opposed the appeal and argued the Jury's findings were not inconsistent and that it had reasonably found the co-defendant liable given the facts and circumstances in the case.
In the end, the Court of Appeal affirmed the Judgment as entered by the Jury - essentially leaving the co-defendant on as a debtor in relation to the Jury award.
Eric Kunkel is a senior attorney of the Firm in the Sherman Oaks office. He has a wide-range of experience, including coverage and bad faith defense and appellate work. If you would like to speak with Mr. Kunkel about your litigation needs, please contact him at (818) 205-9955.
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Related Attorney(s):
Eric Kunkel
Related Practice Area(s):
Transportation Law
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ORANGE COUNTY