San Diego Jury Awards Almost $200,000 Less Than Defense Offer to Compromise in Admitted Liability Case

April 1, 2008

Plaintiff Klingler was an active duty Marine, injured during the course and scope of his training with the United States Marine Corps. He was prevented from suing the United States Marine Corps because of the Ferris Doctrine but not, over objection, from pursuing the contactor he charged was responsible for his injury.

Strategic Operations was hired by the United States Marine Corps to enhance the training environment for mock training scenarios. Rocky Mohsen, an employee role-player for co-defendant Strategic Operations, had been on the job for about two weeks when he was asked by a Sergeant of the U.S. Marine Corps to participate in an impromptu interrogation-training scenario.  The United States Marine Corps had declared plaintiff captured and bound, gagged and blindfolded private Klingler.

During the course of the interrogation, Mr. Mohsen fired his plugged AK-47 weapon loaded with blanks too close to the leg of plaintiff and caused an injury by the discharge of expelled gasses. Plaintiff underwent two debridement surgeries and alleged he was caused a nerve injury, which resulted in a chronic pain problem, requiring heavy usage of narcotic medications. Plaintiff also alleged posttraumatic stress disorder associated with the injury.

The San Diego jury determined that plaintiff had not been entirely truthful in his testimony, largely based on a subrosa video showing him changing a flat tire, and Myspace downloaded videos showing plaintiff shooting weapons and singing drunk karaoke. The jury found the United States Marine Corps 75% responsible for the accident and Mr. Mohsen was found 25% responsible on the admitted negligence cause of action, but the jury returned defense verdicts on Battery and Intentional Infliction of Emotional Distress causes of action.

Plaintiff’s net award was $55,750. The client, defensed by Jefferson S. Smith and Scott J. Loeding, and co-defendant, had collectively offered plaintiff $250,000 by way of a Statutory Offer to Compromise. Plaintiff, whose lowest settlement demand was $1.7 million, is likely to owe defendants after cost bill issues are heard by the court.