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Top Verdicts

Feb. 14, 2013

Top Defense Verdicts - Goldberg v. SkyBlue USA

See more on Top Defense Verdicts - Goldberg v. SkyBlue USA



See correction below

The hospitality industry can breathe a sigh of relief thanks to The Clark Law Group and Alexander G. Calfo of Yukevich Calfo & Cavanaugh.


Last year, they won a defense verdict in a wrongful death case that, had it fallen the other way, could have rippled through the industry.


Florida resident Marshall Goldberg and his girlfriend, Amy Judd, had booked a hotel stay to include a day trip to Catalina. When rain interfered with their planned helicopter flight, the concierge helped them find small charter company, SkyBlue USA LLC.


But the weather turned bad on the return flight, and they both died on the plane crash on their way back from Catalina, according to Calfo and Julia E. Romano from Yukevich Calfo.


The jury sided with the defense, issuing a verdict clearing the hotel of liability for the plane crash case.


"This case was huge for the hospitality industry, because they were worried if they got a bad verdict, it would really impact concierges' ability to help customers," Calfo said. "What this would do [is it] would wipe out the ability of concierges to help their hotel guests."


Calfo, who was lead counsel, represented Ritz-Carlton Hotel Laguna Niguel and Marriott International Inc. with associates Sarah E. Johnston and Romano and partner Thomas Borncamp. Roger W. Clark, Robert D. Goldberg and C. Duffy Buchanan of The Clark Law Group represented pilot Mark Hogland and SkyBlue.


Calfo said the most compelling key to winning the case was that the defense side didn't call any key witnesses.


"Concierge aren't required to check the licences of helicopters, taxis, limo drivers," Calfo said.


The jury did award $5.5 million in damages against the estate of Hogland, who also died in the February 2009 crash on Santa Catalina Island. Goldberg v. SkyBlue USA, NC043469 (L.A. Super. Ct., filed March 18, 2010).


Thomas V. Girardi, who represented the plaintiffs along with John K. Courtney, said it was a tough case.


"[Calfo] did a good job," Girardi said.

- AMEERA BUTT

Correction: An earlier version of this article incorrectly stated that Clark, Goldberg and Buchanan of the Clark Law Group also represented Ritz Carlton hotel Laguna Niguel and Marriot International Inc. The Daily Journal regrets the error.


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