Unanimous Defense Verdict in Covid-Era “In-Person” Jury Trial!
In a highly anticipated catastrophic injury case both sides were represented by ABOTA trial attorneys. Everett Dorey founding partner Seymour “Sy” Everett for the defendant and Bradley Knypstra founding partner of Knypstra Hermes for the plaintiff. The case was venued in Orange County Superior Court just south of Los Angeles County. The Court utilized an oversized courtroom, installed plexiglass dividers, video cameras and socially distanced jurors. The judge, attorneys, witnesses and jurors were required to wear masks at all times. The courtroom was closed to visitors and the trial was "Live Streamed" on YouTube to accommodate public access.
The plaintiff was regarded as one of Southern California's most successful Realtors, having been recognized by her peers for the “Most Exciting Year of Real Estate” and claimed over $8 billion in sales. The defendant was one of the largest cities in Orange County. Plaintiff claimed she tripped and fell on a 2 inch differential on a City sidewalk while canvassing the neighborhood for an Open House, causing lacerations to her face, a torn hip labrum and fractured elbow that required extensive surgery and an implant to compensate for plaintiff's bone loss. Plaintiff claimed loss of earnings, medical expenses and pain and suffering.
Everett Dorey's Trial Team was retained 8 weeks before trial. Plaintiff's pre-trial demand was $3 million and the City offered $250,000.
At trial plaintiff’s counsel relied on two vocal percipient witnesses, who vigorously claimed the City was on notice of the "dangerous condition". During a pre-trial zoom deposition, one of the two witnesses exclaimed "F**K the city" extorting the City should "Pay the Lady". At trial, on cross-examination, trial attorney Sy Everett repeated the zoom deposition testimony and accused the witness of being an advocate for the plaintiff. In dramatic fashion, the witness denied the statement and lunged forward behind the plexiglass, ex-claiming Everett should have sympathy for the plaintiff but after further cross-examination admitted he never notified the City. Everett Dorey trial attorney Ashley Anderson noted the other fact witness claimed he personally called the city on 6 occasions but on cross-examination admitted his alleged complaints were 9 years before the incident. When presented with impeachment photos, depicting the sidewalk 9 years before the incident, the witness lost credibility with the jury.
Everett Dorey trial attorney Kevin Hernandez also commented on the importance of educating the jury about the City's comprehensive Public Works department that reasonably responded to residents' complaints consistent with California Civil Instruction 1112.
The jury returned an Unanimous Defense verdict for Everett Dorey's client. On behalf of the City, Everett Dorey will seek to recover all costs and expert fees pursuant to California Code of Civil Procedure Section 998.
Everett Dorey's Trial team is proud of its commitment to clients at trial and its victories throughout the state of California. In particular, Everett's ten consecutive jury trial victories in Orange County Superior Court. (10 wins, 0 losses in Catastrophic Personal Injury, Toxic Tort, Mold, TBI, CRPS and Public Entity defense.)
Everett Dorey's trial team is committed to defending its clients during the Pandemic and will continue to serve as trial counsel for "in-person" jury trials. For more information regarding how to effectively prepare and win "socially distanced" in person jury trials and effectively utilize zoom depositions at trial, contact Miriam Fernandez at Mfernandez@EverettDorey.com