July 20, 2014
July 8, 2014
I see this happening all the time. A City or a City owned entity simply refuses to even negotiate a reasonable settlement, preferring to take the matter all the way to trial instead of coming to the table where reason can prevail and chances are that a settlement for a lesser amount can be reached. Unfortunately, this strong arm tactic works in the long run. Because, even if the defendant ends up paying more in litigation cost and/or verdict amount, knowing the defendant hardline position serves as a warning to others who may want to file a lawsuit against this defendant that they will be in for the long haul. That alone, probably causes many trial lawyers to forgo taking on cases where the liability may be hard to prove or damages too small to worth the lengthy battle.
A judge in San Diego awarded $5.4 million in damages against the US government and in favor of a motorcyclist, whose severe injuries in a collision with an on-duty U.S. Border Patrol agent ended his music recording career.After a four-day trial, US District Court Judge Larry H. Burns of the Southern District of California, awarded over $6.3 million on July 20, 2014 to John B. Hendrickson of Chula Vista, CA. The judge apportioned fault 85% to the U.S. Government and 15% to Hendrickson, for a net verdict of nearly $5.4 million.
“During the five years of litigation leading up to the trial, the government denied responsibility for Hendrickson’s injuries and refused to engage in settlement negotiations,” Francavilla said. “There was a zero offer heading into trial, and we are pleased justice has been served after all these years. The verdict acknowledges the responsibility the government has to do its job safely and protect the public.”