Fannin v. Camden Blaze LLC

Personal injury

Los Angeles County

Superior Court Judge Margaret L. Oldendorf

$2.595 million

Spencer Lucas

Plaintiff's Lawyers: Panish Shea & Boyle LLP, Spencer R. Lucas, Alexander J. Behar

Defense Lawyers: Lewis Brisbois Bisgaard & Smith LLP, John S. Lowenthal; Law Offices of Brad Snyder, Bradley A. Snyder; Grant, Genovese & Baratta LLP, James M. Baratta, Tyler M. Ross

In an unprecedented year that has limited the ability to have in-person trials, a pre-coronavirus personal injury case may be an example of how to handle civil cases in a post-pandemic world in an efficient, fair and timely manner.

In 2016, Nancy Fannin was walking in the parking lot of Pasadena hotel when she was struck by a rental car driven by defendant Samantha George. As a result, she severely fractured her ankle and shoulder that led to her hospitalization and several surgeries.

Spencer R. Lucas and Alexander J. Behar with Panish Shea & Boyle LLP represented Fannin in her suit against George, the hotel, as well as George's employers.

For the benefit of their client and expediency, Lucas and Behar decided on a bench trial to which the defense agreed.

Attorneys on both sides agreed that the most challenging aspect of this case was a lack of physical evidence collected from the scene of the incident.

"The police did respond to the scene, but it was on private property," said John S. Lowenthal of Lewis Brisbois Bisgaard & Smith LLP, who represented George in the case.

Alex Behar

Following the two-week trial, Los Angeles County Superior Court Judge Margaret L. Oldendorf in February awarded the plaintiff $2,143,617 in damages, as well as $451,489.97 for costs as a result of beating the statutory offer. Fannin v. Camden Blaze LLC et al., BC711616 (Los Angeles Co. Super. Ct., filed June 26, 2018).

Originally the plaintiff's attorneys had approached the defense with the offer, which was rejected by the defense and resulted in additional damages.

According to Bradley A. Snyder of the Law Offices of Brad Snyder, who represented George's employers, the statutory offer was declined because he and his clients felt it was excessive.

"This case certainly is notable because it shows the bar at large that bench trials can be an effective way for both sides to get a case to resolution," Lucas said.

"This award proves to all of us that going forward in a post-COVID era, both sides of the bar can work together to try to streamline cases and utilize bench trials in such a way that it saves our clients money, saves the court time and resources and at the end of the day, can get a fair resolution that both sides can live with," he added.

Behar agreed. "You can do good for your client by doing a bench trial," he said. "You should have faith in the judges."

The defense's experience in the bench trial was a positive one as well according to Lowenthal.

"We had an outstanding judge who really paid very close attention, took amazing notes and was a delight to work with," he said.

A confidential settlement was reached between the plaintiff and the hotel before the trial.

-- Kamila Knaudt