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January 2020

San Diego Trial Team Prevails in Jury Trial

Gordon Rees Scully Mansukhani San Diego partners William Coggshall and Jamie Gross obtained a jury trial victory for the defense in San Diego Superior Court. The plaintiffs were a husband and wife who attended a heavy metal rock concert at a local casino where one of the plaintiffs was seriously injured in an attack by another patron. Plaintiffs claimed economic damages for past and future medical expenses as well as pain, suffering, and emotional distress damages. The injured plaintiff suffered a serious leg injury which he claimed rendered him unable to do all of the things he had done before the incident including but not limited to, walking normally, hiking, fishing, playing with grandkids, enjoyment with family, riding motorcycles and playing his drums. His wife claimed loss of consortium damages. Plaintiffs sued Gordon & Rees' clients asserting that they failed to implement a security plan in advance of the concert, failed to maintain a security deployment strategy, failed to effectuate a proper security plan during the concert, failed to stop the attack and failed to respond post incident. Plaintiffs asserted that Gordon & Rees’ clients were solely responsible for all of plaintiffs’ damages.

Gordon & Rees was hired a month before the trial date as replacement trial counsel. Plaintiffs presented their case to the jury which included numerous percipient witnesses and an expert witness on the standard of care for security guards. Plaintiffs then rested their case in chief, at which time, Gordon & Rees trial counsel submitted their Motion for Non-Suit (directed verdict in Fed Ct). After the consideration of all of the evidence, including exhibits and testimony, as well as including the arguments of counsel, the trial judge granted the defense Motion for Non-Suit. The defendants are the prevailing party in the trial and in light of the California Code of Civil Procedure Section 998 offers to compromise will seek not only statutory costs as prevailing parties, but also will seek recovery of expert costs.

William L. Coggshall