Mar15

GREAT JURY VERDICT – PEDESTRIAN v. DOE DELIVERY COMPANY

Robert Morgenstern and Ninos Saroukhanioff obtained a very favorable verdict on behalf of their client. In Nick Barassi v. DOE DELIVERY COMPANY Plaintiff claimed that on January 28, 2011 he was struck by a DOE vehicle in the parking lot of the Grace Brethren Church, in Simi Valley, California where he was working as the church gardener. Plaintiff claimed that he was attempting to confront the DOE driver for supposedly driving too fast through the church parking lot and tailgating an elderly church member. He alleged that the driver hit him with his truck as he exited the parking lot.

Plaintiff claimed that as a result, he sustained numerous physical and mental injuries. Plaintiff underwent four (4) surgeries including surgeries to his neck, lower back and both shoulders. Plaintiff claimed he was unable to return to his occupation as a gardener. At the close of trial, plaintiff asked the jury to return a verdict in his favor in excess of $2.1 million for his past medical expenses, past and future loss of earnings and earning capacity and his pain and suffering. After a ten (10) day jury trial, the jury returned a verdict finding plaintiff to be 40% comparatively liable. The jury issued a gross verdict in the amount of approximately $185,000. After reducing plaintiff's comparative fault, the net verdict against DOE DELIVERY CO. was in the amount of $110,080.80. A Statutory Offer to Compromise (CCP 998) had previously been served on Plaintiff in the amount of $400,000. A Memorandum of Costs has been filed with the Court on behalf of DOE DELIVERY COMPANY in excess of $168,000. This has the potential to greatly reduce any award to the Plaintiff. Plaintiff was represented by Michael Alder and Loren Halpern. The case was tried before Honorable Tari L. Cody of the Ventura Superior Court.