 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Poire v. C.L. Peck/Jones Brothers Construction Corp.11/7/1995
EPSTEIN, Acting P.J.:
There are two issues in these cross-appeals from a judgment in favor of Matthew Poire against C.L. Peck/Jones Brothers Construction Corporation, Inc. (Peck/Jones) for injuries suffered in a construction accident. Peck/Jones argues the trial court erred by refusing to reduce the judgment by an offset for amounts paid to plaintiff by settling defendants. Plaintiff argues that he was entitled to costs, including expert witness fees, under Code of Civil Procedure section 998, because his judgment was more than his statutory offer to settle. He contends that the trial court erred in concluding that the amount of workers' compensation benefits received by a plaintiff must be deducted from the judgment before determining whether plaintiff received a more favorable result within the meaning of section 998.
We conclude that Peck/Jones was entitled to an offset under established precedent interpreting section 877, subdivision (a). We also conclude that Mr. Poire was entitled to expert witness fees and costs under section 998.
FACTUAL AND PROCEDURAL SUMMARY
In February 1990, the UCLA Medical Plaza and adjacent facilities were under construction. Peck/Jones was the general contractor on the project. Mr. Poire was employed by Merco Construction Engineers, the contractor for site development and landscape work. Tri-County Sandblasting Corporation was the sandblasting subcontractor. Morley Construction Corporation was another general contractor for construction of an adjacent below-grade parking facility.
Plaintiff walked down a plank ramp running from a window in the medical building to the ground level below. He slipped on sand and fell to the ground, sustaining injuries. An action for personal injuries on behalf of Mr. Poire and for loss of consortium by his wife, Brenda Poire, was brought against Peck/Jones, Morley, and Tri-County.
Merco's insurer intervened for workers' compensation benefits paid plaintiff. Before trial, Peck/Jones purchased the workers' compensation lien in the amount of $82,424.48. Thereafter, plaintiff served an Offer to Compromise pursuant to section 998 on Peck/Jones, offering to settle the action for $149,999.99. The offer was not accepted.
Morley settled with plaintiff for $30,000 and Tri-County settled with him for $15,000. Each settling defendant brought a motion for determination that its settlement was in good faith ( § 877). Both motions were granted.
Trial proceeded against Peck/Jones. The jury returned a special verdict, awarding plaintiff $202,000 in economic damages and $83,000 in noneconomic damages. The jury apportioned fault as follows: Mr. Poire, 20 percent; Peck/Jones, 40 percent; Merco, 40 percent; Morley, 0 percent; and Tri-County, 0 percent.
The parties proposed alternative judgments based on the special verdict, with different calculations of the damages awarded. Judgment on Special Verdict awarded plaintiff $114,000 plus interest against Peck/Jones.
Peck/Jones moved to set aside the judgment ( §§ 663, 663a) on the following grounds: (1) that it was entitled to a setoff for the settlements paid by Morley and Tri-County under section 877, subdivision (a); (2) the court misapplied Proposition 51 (Civ. Code, § 1431.2) in the award of non-economic damages; and (3) the date from which interest on the judgment ran was incorrect. Plaintiff filed an application for expert witness costs and fees under Code of Civil Procedure section 998.
The trial court denied both post-trial motions. It found "th
Page 1 2 3 4 5 6 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|