Robert McEvilly v. DHX-Dependable Hawaiian Express Inc., Hilario Gomez, and Does 1 to 25
Published: May 27, 2017 | Result Date: Mar. 29, 2017 | Filing Date: Jan. 1, 1900 |Case number: BC569271 Verdict – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Denise E. Wright
(Denise E. Wright Attorney at Law)
Defendant
Damian D. Capozzola
(Law Offices of Damian D. Capozzola)
Laurie R. Harrold
(Mark R. Weiner & Associates)
Facts
Robert McEvilly sued DHX-Dependable Hawaiian Express Inc. and Hilario Gomez, in connection with a fall that allegedly occurred on Nov. 10, 2014.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff was standing on a lift when defendant Gomez, who was backing up his truck, struck the lift, causing plaintiff to fall. Plaintiff was injured as a result and sued Gomez and his employer for negligence and vicarious liability. Gomez allegedly failed to keep a proper lookout.
DEFENDANTS' CONTENTIONS:
Gomez blamed the incident on plaintiff. Gomez also disputed the extent of plaintiff's claimed damages.
Damages
McEvilly sought $750,000 in total damages.
Injuries
McEvilly sustained serious injuries to his spine, requiring surgeries. He continued to experience residual pain and mobility issues.
Result
DHX was let out of the case and the matter continued against Gomez only. The jury ultimately rendered a verdict in favor of Gomez.
Other Information
FILING DATE: Jan. 14, 2015.
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