Congratulations to Tyler D. Offenhauser and David J. Byassee who successfully defended an attack against subcontractor American Gardens, its owner Patrick Migliorini, and the work of its sub-subcontractor AMS Paving, Inc., with a result of zero liability.
In the largest known trip-and-fall accident verdict in California, a jury verdict of$16,322,950 was awarded to the Plaintiff Steven Picazzo, who was a security guard at Loyola Marymount University and was rendered a quadriplegic after tripping and falling on a temporary bypass road at the construction project on campus.
General contractor C.W. Driver, Inc. subcontracted to American Gardens construction of the temporary bypass road, with the work to be performed pursuant to field walks with C.W. Driver, Inc. American Gardens then sub-subcontracted the work to AMS Paving, Inc. Plaintiff claimed that American Gardens and Mgliorini negligently supervised the work, and both C.W. Driver and AMS Paving brought contractual claims against American Gardens and Migliorini for indemnity in relation to the incident. However, a Los Angeles Superior Court jury agreed with Offenhauser and Byassee who argued that American Gardens, Migliorini and AMS Paving, Inc. were not negligent.
Mr. Offenhauser (toffenhauser@bremerwhyte.com) and Mr. Byassee(dbyassee@bremerwhyte.com) are both trial attorneys at the Newport Beach office of Bremer Whyte Brown & O’Meara, LLP and can be reached via email or at (949)221-1000.