Partner Stephen Caine was called in at the eleventh hour to represent the client in a request for a new trial. The case involved a negligence claim in which a hired party coordinator fell from an unprotected balcony attached to an “architecturally significant” house owned by our client, resulting in moderate soft tissue damage and three transverse process fractures of spinal spurs. The jury returned with a liability verdict of $1,686,493.46 (which was mostly made up of noneconomic damage award of $1,187,400); reduced by 33% for comparative fault, which created a net award to Plaintiff against our client of $1,179,859.96.
Knowing obtaining a more favorable outcome for the client would be an uphill battle, Stephen went to battle for the client and in a pleasant surprise for both sides, the court ordered a remitter, or if not accepted, a grant for a new trial due to the excessive damage award. The remitter requires the Plaintiff to accept a verdict of $885,000 reduced by 30% for comparative fault, for a net recovery of $590,000. The client was thrilled and Stephen's last minute strategy found tremendous success.
Congratulations to Stephen and his team on this outstanding outcome for the client!