Brian Bernstein v. Entertainment by J&J Inc.
Published: Aug. 27, 2002 | Result Date: Apr. 29, 2002 | Filing Date: Jan. 1, 1900 |Case number: CV791301 Verdict – $325,000
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
B. Lance Burrow
(Hartsukyer, Stratman & Williams-Abrego)
Experts
Plaintiff
John J. Lettice
(medical)
James P. Whelan
(technical)
Defendant
David S. Burton
(medical)
Tim Harper
(technical)
Facts
The plaintiff was employed by the defendant. The defendant's business was to promote closed circuit boxing for
HBO. The plaintiff stated that he had injured his lower back while attempting to help two co-workers lift and
set up a television set for the plaintiff's booth at a Las Vegas trade show.
The defendant did not carry worker's compensation insurance, although its owner also owned an insurance
brokerage. The plaintiff sued the defendant pursuant to Labor Code Section 3706.
The plaintiff continued working for the defendant but ultimately needed surgery for an
alleged endplate fracture of the L5 vertebrae. His medical expert testified that the injury was
caused by the lifting incident.
Injuries
The plaintiff claimed that he sustained an endplate fracture of the superior surface of the L-5 vertebrae for which reconstructive surgery was performed. He stated that future surgery would be needed to change the rods that were placed by his surgeon. The plaintiff claimed unspecified past and future lost wages.
Other Information
The plaintiff did not submit any medical bills nor did he claim any medical expenses since these had been settled by his insurance company and there is a pending worker's compensation claim against the Uninsured Employers Fund. The jury's verdict was for $325,000 gross. A prior arbitration had awarded the plaintiff $140,000 and the defendant requested trial de novo. The plaintiff's post judgment motion for $125,000 in attorney fees was awarded.
Deliberation
six hours
Length
five days
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