James A. Resila Wins at Bifurcated Damages Trial Defending National Restaurant Chain
By: Carter Conboy
Vitano v. National Restaurant Chain
Orange County Supreme Court
Defendant, a National Restaurant Chain
Attorneys for the Defendant:
James A. Resila, Esq.
Plaintiff’s Demand Prior to Trial:
Jury Verdict for the Defendant
The plaintiff, a 53-year-old man, brought this personal injury action following an alleged incident that occurred on the defendant’s property. The plaintiff, a frequent customer at the defendant’s restaurant, claimed that a waiter at the restaurant collided with him, hitting him with his tray, and causing the plaintiff to fall to the ground. The plaintiff alleged that he sustained injuries to his left arm, including a torn rotator cuff and elbow bursitis resulting in surgeries and permanent injuries. In a liability only bifurcated trial, Mr. Resila produced the waiter who was involved in the alleged incident, as well as other witnesses in the restaurant who refuted the plaintiff’s version of events. The plaintiff testified as well. Following deliberations, the jury rules in favor of the defendant restaurant, finding no cause of action.