Plaintiffs Suggest that Jury Should Award them $6-7 Million in Damages - But are Awarded Only $575,000 at Trial in Admitted Liability Wrongful Death Case

January 1, 2003

Hugh Grant of the firm's Los Angeles office successfully defended Ito Packing Company in an admitted liability, wrongful death action arising from a vehicle accident, bringing in a verdict for less than 10% of the damages suggested by plaintiffs' counsel - and less than - of the amount that had been offered by the defense at pre-trial mediation.

On November, 13, 1999, James Ito allegedly ran a stop sign while driving a van for Ito Packing Company, Inc., striking the plaintiff's pick up truck at 40 m.p.h. Olga Acosta, a passenger in the pick-up truck, died as a result of her injuries. She was survived by her husband, Juan Acosta (the driver of the pick up truck) and four adult children. Mr. Ito also died of complications due to the accident.

Bruce A. Broillet of Greene, Broillet, Wheeler & Panish represented the plaintiffs in the Acosta wrongful death action, in which the husband also sought damages for bystander distress. Plaintiffs' initial demand was $4.9 million, later reduced to $3.5 million at court ordered mediation, at which time the defense offered $1.2 million.

At the 2-day jury trial in Fresno Superior Court, the defendants admitted liability and plaintiffs sought only non economic damages. The jury was selected in one day, plaintiffs put on their evidence on the following day and counsel argued the following Monday. Plaintiffs requested $4 million for the wrongful death claims and left it to the jury to determine the bystander distress award, implying that the judgment should be at least $6 7 million total. Hugh J. Grant argued for $100,000 per plaintiff for wrongful death, plus $250,000 for the bystander distress ($750,000 total).

The jury was given a one page special verdict which simply asked them to render the amounts for the five wrongful death claims and one bystander distress claim. After two hours, the jury rendered their verdict: $200,000 for the husband for wrongful death, $50,000 per adult child for wrongful death, and $175,000 for the husband for bystander distress ($575,000 total).

This is Hugh Grant's second favorable result against Bruce Broillet, a two-time President of the California Trial Lawyers' Association.