Facts

On June 22, 2006, actress Tippi Hedren, 81, was filming an episode of the television series "Fashion House" at Stu Segal Studios in San Diego. While rehearsing, a large amount of water fell from the ceiling 20 feet above and hit her. Stu Segal Studios had been told years before the incident that the roof needed to be replaced and that it leaked too easily. The roof had not been replaced. A large collection of water developed on a soundproofing tarp just under the ceiling and, when it gave away, it hit plaintiff.

Plaintiff had a history of cervicogenic headaches prior to the incident, but these had been resolved by virtue of a cervical fusion performed two and a half months before the incident. Medical records demonstrated that plaintiff was completely headache free from the time of the surgery to the date of the incident. She was back working as an actress. Severe daily headaches returned immediately after the incident and continue through today.

Plaintiff's treating doctors testified that the incident with the water was the cause of her headaches. She has had numerous procedures and tried various medications in an effort to deal with the headaches. She will have more procedures in the future.

In Oct. 2006, plaintiff retained the services of defendant Joseph Allen to bring an action on her behalf. Defendant filed the lawsuit, failed to properly prepare the case for trial, and then dismissed it after the statute of limitations had expired rather than seeking a continuance. He then attempted to re-file even though he had no tolling agreement. The court dismissed the re-filed action.

As a result, plaintiff was unable to pursue her underling action from damages, which included past and future and suffering from her daily severe headaches, cost of future medical care, and loss of past and future income/earning capacity.

DEFENDANT'S CONTENTIONS:
Defendant Joseph Allen admitted that he in fact fell below the standard of care and that his failure to follow the standard of care resulted in the dismissal of plaintiff's underlying case. At trial, Allen contended that his breach of the standard of care caused no harm to plaintiff claiming that the underlying case had no merit.

Result

Plaintiff's verdict for $1,483,708 ($213,400 past loss of earnings; $170,000 future medical expenses; $440,308 future loss of earnings; $300,000 past non-economic; $360,000 future non-economic).

Other Information

Motion for new trial pending.

Deliberation

1.5 days

Length

2.5 weeks