top of page

News

DJ Dawson and Sarah Polacek secure a Trial Victory in Philadelphia

January 15, 2025

Share to:

Last week, DJ Dawson and Sarah Polacek obtained what amounts to a Zero Dollar Verdict on a premises liability case in the Court of Common Pleas in Philadelphia, involving a trip and fall where WCM represented a mall owner.  The co-defendant was a store owner within the mall.  

 

To support Plaintiff’s damages, Plaintiff produced a cost projection expert who testified that Plaintiff would receive future medical care totaling $314,074.00, despite that Plaintiff only underwent physical therapy for six months following the alleged accident and has not received further treatment in three years since the alleged accident. 

 

Philadelphia is a jurisdiction known for nuclear verdicts.  Before trial, plaintiff’s “bottom line” demand to our client and the co-defendant was $750,000. This was Sarah’s first trial and she secured multiple motions in limine being granted in our client’s favor.

 

After trial, and after DJ and Sarah effectively poked holes in Plaintiff’s liability and damages proofs, the jury apportioned 32% of the negligence to our client, and then awarded Plaintiff a grand total $15,000 in damages.  The 32% apportionment equated to a $4,800 judgment. However, the co-defendant settled with Plaintiff during trial, and that settlement amount exceeded the jury award. Meaning, after the offset of the co-defendant settlement, our client effectively owes nothing.  Great job DJ and Sarah!

Contact

bottom of page