Wrongful Death Dismissal

CSCG attorneys Tim Gravitt and K.J. Cabodi secured a dismissal with prejudice of plaintiff’s case during the third day of a personal injury trial in the Orange County Superior Court. Plaintiff sued CSCG’s clients, a security guard company and the security officer who operated the control arm, for injuries sustained by plaintiff when he was hit on the head by a traffic control arm operated by a security officer employed by CSCG’s client. CSCG secured the dismissal of the security officer several months before trial when the court granted CSCG’s motion to dismiss.

Plaintiff claimed he suffered a traumatic brain injury and was seeking in excess of $1,000,000 in economic damages alone. Prior to trial the owner of the property, a national automobile auction company, settled with plaintiff.  The case proceeded to trial against the security company only.  In the weeks leading up to trial plaintiff made a demand of $850,000 to settle, which was reduced to $250,000 just before trial started.

The defense secured critical evidentiary rulings before trial that greatly limited plaintiff’s ability to present expert testimony on the issues of standard of care, causation and damages. Testimony elicited by the defense during plaintiff’s case in chief established plaintiff’s inability to prove the security officer fell below the applicable standard of care. Strategic defense objections to key evidence plaintiff needed to prove causation and damages were sustained by the court. On the third day of trial, while plaintiff was testifying, counsel for plaintiff capitulated and dismissed the case in its entirety, with prejudice, without any payment by CSCG’s client.

This is the second dismissal of this CSCG client over the last few months. CSCG obtained the dismissal of a wrongful death lawsuit involving the death of a 21 year old man during an unauthorized car rally at an office complex parking structure. CSCG’s client provided security patrol services for the property owner. The decedent’s mother sued several individuals and entities she claimed were responsible for her son’s death, including the security company whom plaintiff claimed should have discovered the car rally and taken steps to stop it from taking place.

CSCG demurred to the plaintiff’s complaint on several grounds. The trial court sustained the demurrer but gave plaintiff leave to amend. However, plaintiff’s amended complaint did not cure the deficiencies with the original complaint. Following a detailed explanation by CSCG counsel as to why deficiencies with the original complaint were not cured by the amended complaint, plaintiff decided to dismiss her amended complaint as to CSCG’s client in exchange for a mutual waiver of costs. CSCG’s client paid plaintiff nothing for the dismissal.

The other defendants eventually reached a settlement with plaintiff for a payment in the mid-six figures.