News - Tharpe & Howell - Litigation and Transaction Lawyers

FIRM SAVES COMMERCIAL CLIENT THOUSANDS!

Trial attorney Paul Wayne recently secured thousands in savings for a commercial property owner client exposed to significant damages as the result of a trip-and-fall incident involving an elderly patron.

In this case, the incident occurred on a sidewalk at the client's commercial shopping center - where a chunk of concrete was missing from a ramp connecting the public sidewalk with the shopping center. The Firm's client was responsible for the ramp.

At the time of the incident, the 78 year old plaintiff was walking down the ramp in daylight hours when her foot became caught in the portion of the ramp where the chunk of concrete was missing. The plaintiff fell and fractured her shoulder - and claimed continuing problems with frozen shoulder. The plaintiff also injured her knees at the time of the incident, and alleged a need for knee replacement surgery.

The plaintiff argued the condition in the sidewalk constituted a Building Code violation. Trial attorney Paul Wayne argued the Building Code was not applicable and, in any event, there was substantial contributory negligence on the part of the plaintiff. Mr. Wayne also argued plaintiff's knee problems were pre-existing and that there was no need for knee replacement surgery.

Prior to Trial, Mr. Wayne offered $47,000 to plaintiff on behalf of the Firm's commercial property owner client. However, the plaintiff would not accept anything below $75,000. Both sides issued Statutory Offers to Compromise (CCP 998s).

At the conclusion of Trial, the Jury found plaintiff's total damages to be $50,000 - with her bearing 50% responsibility for the incident (contributory negligence). This favorable decision effectively reduced plaintiff's award in half - to $25,000. Given the Firm's service of the $47,000 pre-trial Offer to Compromise, and plaintiff's failure to obtain a more favorable verdict at Trial, an additional $10,000 will be deducted from plaintiff's award - as reimbursement for costs incurred by the Firm's client in its defense of the case. In the end, the final verdict in favor of plaintiff will only be about $15,000 - a $60,000 savings from plaintiff's pre-trial demand!

Paul Wayne is a Partner of the Firm in the Sherman Oaks and San Diego offices. He is a seasoned litigator who focuses his practice on all phases of civil litigation, including arbitration, trial and appellate work. Mr. Wayne represents a broad range of clients on matters related to Tort Litigation, Business Litigation, Medical Malpractice, and Hospitality Law. If you would like more information on how we can help you with risk reduction, please contact Mr. Wayne at (818) 205-9955.

Related Attorney(s):
Paul V. Wayne

Related Practice Area(s):
General Litigation
Real Estate and Construction Law