The Daily Journal recently featured Frank D’Oro and the Wengler v. Nelson case as one of the Top Defense Verdicts of 2015. The Daily Journal is the largest daily legal newspaper in the State of California. Wesierski & Zurek is proud to note a case tried by one of its partners made it on the Journal’s list of top verdicts.
In the case of Wengler v. Nelson, Mr. D’Oro defended a family run restaurant in Big Bear California. Plaintiff was visiting the restaurant and fell through a split rail fence in the parking lot while sitting or leaning against the fence while smoking a cigarette. She fell through the fence and over an embankment suffering a compression fracture that ultimately required surgery. Plaintiff’s medical bills and lost earnings were several hundred thousand dollars. Plaintiff alleged the fence was negligently maintained and that it was foreseeable a customer would lean on it while waiting in the parking lot. The defense argued the fence was decorative only and it was unreasonable for plaintiff to sit on it. Plaintiff turned down a $400,000 offer and the jury returned a defense verdict for the restaurant owners Mike and Sherry Nelson.