Michael A. Kosar, Esquire, a partner in the New Jersey office of Marks, O’Neill, O’Brien, Doherty and Kelly, obtained a verdict of zero damages in a personal injury matter in the United States District Court of New Jersey on May 22, 2013, triggering sanctions under the Offer of Judgment Rule. The plaintiff, a 33 year old man, alleged permanent back and leg injuries as a result of a fall from a chair in a casino. After conceding liability for the accident, but defending on the proximate cause of the damages, the case proceeded to trial in May 2013 and a jury of eight found the plaintiff failed to sustain his burden and entered an award of zero damages for his claimed personal injuries. Two years prior to this trial, an Offer of Judgment was filed, thus exposing the plaintiff to reimbursement of the fees and costs related to the defense of this case.
June 22, 2013