POG lawyer’s have tried 3 cases to verdict in 2019, with each representing significant defense victories.
In September, founding member Mark O’Donnell and associate Karen Phu obtained a significant defense victory in a personal injury case tried in Kitsap County Superior Court. The plaintiff tripped over a metal cable barrier strung between concrete posts while walking into a stadium. The plaintiff claimed that the public entity which owned the property negligently maintained its premises by failing to recognize and remedy the cable barrier as a tripping hazard in an area used by the walking public.
The plaintiff suffered a trimalleolar ankle fracture requiring two surgeries with significant claimed residual limitations. She claimed medical specials and wage loss totaling approximately $175,000. The plaintiff never came below $850,000 in settlement negotiations, and at trial asked the jury for an award of $1.5 million.
The defense offered $300,000 to settle the case before trial, and at trial suggested the jury award $175,000-$225,000 and assign 60%-80% comparative negligence to the plaintiff. The jury awarded $500,000 and assigned 72% comparative negligence to the plaintiff. The result was a for a net award of $140,000 to the plaintiff, less than half of what had been offered in settlement.