The law firm of Carpenter, Zuckerman & Rowley has recently found $38.6 million in compensation for the victim of a 2008 fall accident in the parking lot of Newport Channel Inn. Through proof of the circumstances of the Newport Beach incident, lead attorney Nicholas C. Rowley was able to prove that the accident was the result of dangerous property, and not the victim’s 0.267 blood alcohol content at the time of the incident.
The November 16, 2008 incident left the then 26-year-old man in a coma for three weeks and upon awakening, he had no memory of the accident, which also had no witnesses. Through evidence and investigation, it was proven that the victim fell from a second floor balcony after falling over a railing that was eight inches shorter than the legal height. The impact from the fall resulted in a traumatic brain injury that has led to dementia, a condition that will require constant supervision over the remainder of his life.
Shin abrasions and ankle bruising suffered by the victim were shown to be caused by falling over the railing, refuting the claim by the defense that the victim only fell in the parking lot and not from the balcony. Additionally, it was alleged that the hotel did not preserve video surveillance of the Newport Beach brain injury accident, thereby eliminating the only witness to the incident.
Before the trial, all injury insurance claims submitted by the victim to the hotel and its insurance companies were denied in full, which would have resulted in a total of six million dollars. During the trial, further settlement offers by the victim were denied. In the end, the jury found the hotel 85 percent liable for the accident, resulting in a total verdict of $38,668, 127 for the plaintiff. The verdict included more than $1 million for past economic damages and $20 million for future economic damages as well as $1.5 million for past non-economic damages and $16 million for future non-economic damages.
If you or a loved one has suffered injuries due to the negligence of a property owner or maintenance crew, you have the right to seek compensation for your losses. The Beverly Hills premises liability attorneys at Carpenter, Zuckerman & Rowley can provide you with the representation you need while dealing with insurance companies in settling your claim and filing a lawsuit if needed. Call us today at 213-514-8332 for a consultation on your case and to learn more about how we can help you.