Facts

During the course and scope of her employment, Nedra Russ fell on her knee. She filed a workers' compensation claim, and hired Mastagni, Holstedt & Amick to represent her. Later, she filed suit against the law firm.

CONTENTIONS:
Plaintiff claimed that her attorney did not meet with her until the day of her deposition, 17 months after she hired him. She alleged that her attorney then mishandled her case by bargaining away a viable grievance and retaliation claim, and that she ultimately received nothing for her workers' compensation claim. She also argued that defendant concealed an actual conflict of interest from her when she was criminally prosecuted for her workers' compensation claim. Her experts opined that the attorney's conduct had fallen below the standard of care and that he had breached his duties to plaintiff.

Settlement Discussions

Plaintiff originally demanded $495,000, which she dropped to $450,000. Defendant originally offered $50,000, which was later raised to $100,000.

Damages

Plaintiff claimed $190,000 for her lost workers' compensation claim, past lost wages, future lost wages, $10,250 for her lost Labor Code Section 132(a) claim, and $300,000 for her emotional distress. According to defendant, Ms. Russ was seeking over $1 million on her wage claims alone (dismissed on defendant's motion for nonsuit).

Injuries

Emotional distress.

Result

The jury awarded $145,685 for her economic loss and $300,000 for her emotional distress, for a total of $445,685.

Other Information

There were two unsuccessful mediations. The trial court granted partial nonsuit on plaintiff's disability discrimination claim, and wage claim under Labor Code Section 132(a) due to plaintiff's social security award. Defendant moved for judgment notwithstanding the verdict and a new trial. The court granted defendant's JNOV, in significant part, by reversing the jury's emotional distress award.