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Defense Verdict for Major Gas Station Client

July 11, 2011

Russell S. Wollman received a favorable verdict in a personal injury and premises liability case.

The plaintiff stopped at the defendant’s Santa Ana, California gas station after hours, and paid for gas at the night box. After pumping gas in her vehicle, she returned to the night box to collect change from the gas station attendant. The plaintiff claimed that the attendant refused to give her any change and then repeatedly slammed the plaintiff’s fingers in the night box. The attendant denied the allegations, claiming that the plaintiff injured her hand while banging on the window and surrounding area near the cash drawer.

The plaintiff sustained deep lacerations and received medical attention at a local hospital emergency room, but now has permanently deformed fingers. After a four-day trial, the jury found the gas station owner not liable, the gas station attendant 20% liable and the plaintiff 80% liable. The jury awarded the plaintiff a total of about $2,750. Mr. Wollman successfully defendedthe case without the benefit of a trial witness, as the attendant was unavailable during the trial.

The defendant filed a motion to reduce the awarded damages further, but the matter was ultimately resolved favorably between the parties, with the plaintiff settling for $1,000.

German A. Marcucci assisted with law and motion work.