15/09/2016
Day 5. Plaintiff and Defendant city of Los Angeles rested our our cases.
The judge denied the city's directed verdict motion entirely.
I believe my rebuttal was much better than my closing argument, though my Closing wasn't bad. I requested the sum of $768,013.68 in total from the jury, or the equivalent of roughly $70 a day for the rest of my client's life. My client suffered a distal radius fracture of her non-dominant wrist requiring surgery (open reduction internal fixation) and a future surgery.
The senior deputy attorney (there were two against me alone) argued that my client tripped because she wore Flip-flops and said she was not looking down at the time of the fall, so she was forced to misstep.
I told the jury that if they did not believe the City's arguments and did not like the fact that the City's Witnesses made false statements on important facts before them, that the jury should award us all our damages because they should believe us 100%.
I must comment that my experience in this litigation against the city caused disappointment in the manner in which the deputy city attorneys have been handling the case at trial and a pre-trial. I had uncovered reports and a number of very disturbing facts including having the director of the Bureau of street services testify that the city has all but halted all repairs on the worst of our streets.
And, 56% BELOW acceptable minimum standards.
MY TRIAL LAWYER FRIEND, MY GIFT: Start using verdict enhancements more!!!! For almost 5 years I have demanded that the trial court include a question on the verdict form that asked the jury to award INTEREST AS DAMAGES. Civil Code sec. 3288.
EVERY TIME I GO TO TRIAL THE OTHER SIDE AND THE JUDGE FREAK OUT THAT I GET TO INTRODUCE EVIDENCE OF MALICE, FRAUD AND OPPRESSION BY A PREPONDERANCE OF THE EVIDENCE. YES I WROTE IT ALL CORRECTLY! IT ALSO APPLIES TO CASES INVOLVING "BREACH OF A NON-CONTRACT DUTY", IE NEGLIGENCE, FRAUD, BREACH OF FIDUCIARY DUTY. But courts haven't fully explained if interest is only on past economic harm, though that's what could will allow.