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ACCIDENT REAPS SMALL REWARD
San Francisco Jury Awards Plaintiff Significantly Less than Pre-Trial Offer in Fan Lot Injury
Result: On Call Trial Counsel team attorneys KC Ward and Colin Munro achieved a significant victory representing a well-known refreshment manufacturer. The case involved an accident that occurred on the slide in the interactive play area of a municipal stadium owned by the manufacturer. KC and Colin were assisted by attorneys Mark Olson, Allan Isbell and Kirstin Wallace.
Problem: Plaintiff suffered a serious ankle fracture when using the slide in 2002 during the World Series. Claiming the slide was defectively designed, manufactured and installed, and that the sponsor, facility owner, project manager and manufacturer were at fault, plaintiff demanded $2.4 million in damages and $250,000 on behalf of her spouse for loss of consortium. Plaintiff also claimed that the slide was negligently operated by requiring users to wear shoes when sliding.
Archer Norris received the case when the insurance carrier opted to switch attorneys shortly before trial. KC and Colin allayed the client’s concerns about preparing for trial on such short notice, quickly got up to speed and ultimately impressed the client with the thoroughness of their work.
Solution: The jury found that the slide was not defective although the stadium and manufacturer were negligent in operating the slide. They also found the plaintiff partially negligent and awarded actual damages of $178,000, well below our pre-trial offer. Because plaintiffs failed to achieve an award in excess of a statutory offer, we will seek costs and expert fees on behalf of the co-defendants.