Alleged Brain Injury Case Resolves With Client Recovering Defense And Indemnity Costs

April 1, 2005

Guy R. Gruppie, Robert Clayton and Tina Varjian, recently obtained a very favorable result for a general contractor client in a major injury case that went to trial in the Orange County Superior Court.

The lead plaintiff, a local banker earning a six-figure income, claims to have hit a bump while on a bike ride near his home. Plaintiff allegedly was thrown over his handlebars, landing so hard on his head that his helmet was "crushed." .

There were no witnesses to the accident, and the helmet was discarded by plaintiff's wife, who also joined the lawsuit on a loss of consortium claim. The lead plaintiff claimed several orthopedic injuries plus a traumatic injury to his brain that left him cognitiviely and emotionally impaired, and returned to work only briefly before going on permanent disability. At trial, he claimed more than $3 million in lost future earnings among other damages. Plaintiff claimed that the bump, at the transition of a bike lane and bus deceleration pad, constituted a dangerous condition. He and his wife brought suit against the city, the county, and the general contractor, who was retained to oversee a slurry seal project that was completed two years before the accident, the subcontractor that performed the slurry seal job, and the project engineers..

Summary adjudiction was granted on the subcontractor's defense obligation, and 100% of the indemnity costs were reimbursed, along with 95% of the attorney fees. The client paid approximately $6,000 out of the total $200,000 in fees and costs occurred in defense.