Also Recover Judgment for Defense Costs from Co-Defendant

Following an assault at a parking lot in downtown San Diego, NB's client - the operator of the parking lot, faced the potential of extensive tort liability.  NB's client was sued under the theories of negligence and premises liability.

In particular, the injured Plaintiffs alleged that the parking lot did not have adequate security measures in place to prevent the assault from occurring and thus NB's client should be held liable for the injuries sustained during the assault.

Confident that its client was not responsible in any manner for Plaintiffs' injuries, NB took the role of the aggressor in the lawsuit and filed a Motion for Summary Judgment. The motion was granted in full, terminating Plaintiffs' case against NB's client prior to trial.  Not only did the Motion for Summary Judgment produce the results NB's client desired from a liability standpoint, it also spared the client the significant expenses associated with trial.

 Moreover, NB filed a Cross-Complaint against a co-defendant, a national grocery store chain, for indemnity, seeking the legal fees and expenses its client had incurred in defending against the underlying lawsuit.  The indemnity case went to trial and NB prevailed, recovering a judgment against the grocery store chain for all the legal fees incurred in defense.  "I think this case underscores the importance of not just winning for the client but, where possible, making it an 'economic' win," noted Michael Battin, trial attorney on the matter.  "Too often, a defense verdict can be an empty victory if the client has to expend tens of thousands of dollars to get there.  Thankfully, here, we were able to recoup those defense costs for the client."