Gordon Rees Scully Mansukhani attorneys Will Coggshall, Sophia Perlegos, and Tom Nagashima secured a favorable jury verdict for a nationally authorized retailer for a leading wireless provider following a multi-week trial in the Superior Court of California, County of San Diego. The trial team was supported by Oliver Martins, Evan Armstrong, Laura Keller, Victor Estrada, and Elisa Martinez.
The case arose from an altercation at one of the client’s retail locations in which an 88-year-old customer alleged she was struck by a store employee, causing her to fall and sustain injuries. The store employee pled guilty before trial to battery with great bodily injury on an elder. The plaintiff claimed she suffered a traumatic brain injury and a fractured scapula, sought approximately $1.3 million in future medical and life care expenses, and asked the jury to award an additional $8.7 million in noneconomic damages for pain and suffering. The plaintiff also sought a finding of malice and oppression against the client.
After hearing the evidence, the jury rejected the plaintiff’s damages claims and declined to find malice or oppression, awarding total damages of just $364,000. Because GRSM had previously served a California Code of Civil Procedure section 998 offer of $1.25 million, the firm’s client will be deemed the prevailing party, resulting in significant post-trial cost-shifting benefits. The verdict represents an outstanding result for the client and reflects the trial team’s strategic preparation and effective advocacy throughout the litigation.