Newsletter

Liability Attorney Summit Held in August

By Paul Zeglovitch, Liability Program Manager

The California JPIA held its annual Liability Attorney Summit on August 2, 2022, in a hybrid in-person/virtual format. Forty-seven participants attended the summit, including representatives from Carl Warren & Company, the Authority’s liability third-party claims administrator, defense panel firms, business partners, and Authority staff.

Liability Program Manager Paul Zeglovitch welcomed attendees and opened the meeting, which was held in honor of Scott Haith, a past panel attorney. Haith passed away on August 4, 2021. He was the founding partner of the law firm of Haith Bagnaschi. Those who had the pleasure of knowing Scott will remember him as a detailed, intelligent attorney and a great friend. For more than 30 years, Scott handled various cases for the Authority.

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Two other panel members who are retiring this year were also recognized. Frank D’Oro is a partner with the law firm Wesierski & Zurek. Frank has handled cases for the Authority for 38 years. He specialized in dangerous conditions of public property matters and was an experienced trial lawyer, logging a record of 6-0 on Authority cases since 2009.

Finally, the career of Jeff Thompson with the law firm DeClues, Burkett & Thompson was recognized. Like Scott and Frank, Jeff handled cases for the Authority for thirty years. Jeff’s practice specialized in employment liability cases, and his experience and ability to identify problematic issues early served to save members money.

After the above recognitions, a 60-minute open forum discussion was held where counsel discussed their successes and experiences.

Guest speakers included Robin Perkins of Kutak Rock LLP, Daniel Barer of Pollak Vida & Barer, Ross Suter of Magna Legal Services, and Gene Ramirez of Manning & Kass, Ellrod, Ramirez, Trester LLP.

Perkins is an expert in all things e-discovery and provided a comprehensive overview of the techniques and technology necessary to navigate this ever-changing area of litigation. Barer provided an appellate update that reviewed several cases that have affected public entities over the past year, including those related to police, qualified immunity, trail and hazardous recreation immunity, and dangerous condition of public property. Here is additional information about the cases listed above.

Ross Suter of Magna Legal Services gave a presentation on their “Jury Evaluator” service, which is a streamlined version of a mock trial. This program selects local eligible jurors and provides them with a videotaped presentation of the case from both the defense and plaintiff side, then has the juror complete a questionnaire. Suter also discussed Magna’s witness preparation program in which Magna personnel aid the defense counsel in preparing, counseling, and familiarizing the deponent or trial witness before testimony.

Barer co-presented with Ramirez on California Senate Bill 447. The bill provides for the award of pain and suffering damages to heirs on behalf of the decedent.  Historically, pain and suffering damages were not recoverable, following the belief that when the injured party dies, they take the damages with them. After critical analysis in a case called Valenzuela v. City of Anaheim and the recognition that California was only one of five states in the nation that did not allow these damages, the legislature proposed SB 447, which was adopted and will remain in effect until 2026. At that time, it will be re-evaluated. This bill will increase the cost of wrongful death cases.

2022 marked the first year the Liability Attorney Summit was held as an in-person and virtual event since the 2021 event was entirely virtual. If you have questions regarding the event or the information presented in this article, please contact Liability Program Manager Paul Zeglovitch.

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