San Francisco Partners, Chuck Custer and Jewel Kolling Basse, scored a significant victory after defending their para transportation company client for five weeks before a Los Angeles County Superior Court jury. The 67 year old plaintiff sued the company and its driver for negligence alleging plaintiff had not been properly secured by seat belts in the vehicle. The vehicle’s driver had quickly applied his brakes in heavy rush-hour traffic propelling plaintiff into the dashboard. 

Plaintiff suffered catastrophic injuries and was rendered a quadriplegic. Plaintiff sought punitive damages from the company based on the driver's prior driving record contending that, under its own policy and procedures, the driver should have been terminated before the subject accident.  Plaintiff's wife also brought a claim for loss of consortium.

Special damages amounted to approximately $5 million. Plaintiff’s settlement demand at multiple mediations and at a settlement conference remained at $15 million forcing the case to trial. During closing argument, counsel for plaintiffs asked for an award of over $21 million.

The defense argued the injured plaintiff had been properly secured but had unbuckled his seatbelt during the trip.  Plaintiffs brought in family members to refute the defense's position. Each testified the injured plaintiff was physically incapable of unbuckling a seatbelt given his prior medical history. His medical doctors supported this position. 

Chuck and Jewel effectively impeached this testimony and the jury agreed with the defense position.  Although the jury found negligence on the part of the driver, the jurors concluded the plaintiff was 50% comparatively at fault. This resulted in a significant reduction of damages and a verdict of $3.2 million to the plaintiff and $50,000 to his wife.  No punitive damages were awarded.

Chuck and Jewel were supported by partner Debra Meppen and her team in Los Angeles.