Jason Hunter and Jonathan Zima recently concluded a 3-week trial in Department C-67 of the San Diego County Superior Court. The case centered around an incident where an umbrella fell at a restaurant in La Jolla, striking a customer on the head.
The plaintiff alleged he sustained a traumatic brain injury, cervical compression injury, and required cervical and lumbar surgery. Throughout the trial, 25 witnesses were presented, including 19 experts. The plaintiff reported over 151 medical encounters, underwent 2 spinal surgeries, received multiple injections, and incurred approximately $550,000 in billed medical damages (Plaintiff’s UCR number was $417,000). The plaintiff claimed $3.75 million in future medical costs and sought a jury award of $19.5 million in damages.
While the jury found liability, they limited the amount awarded to the plaintiff. The final breakdown included $417,000 in past medical damages, $275,000 in future medical damages, and $200,000 for past and future pain and suffering. Overall, this outcome was favorable to the defense and was below the plaintiff’s pre-trial settlement demands.
