A recent victory by Chris Wesierski and Laura Barns was selected as defense verdict of the week today by the Daily Journal. They won a summary judgment on behalf of State farm in the face of a $7 million demand.
This is Chris Wesierski’s 3rd time in the year 2016 being selected as the top defense verdict of the week by the Daily Journal.
Chris Wesierski and Christian Counts obtained a defense verdict in OC Superior Court on Wednesday March 30, 2016 after a four hour deliberation. The case was tried for six days. The plaintiff claimed she was sexually harassed by her boss who is a used car dealer. She asserted he forced her to have sex over ten times during a five month period by telling her if she did not have sex she would be fired from her job as his assistant. Moreover, she was renting a house from the boss and she claimed that he was going to evict her if she did not have the sex. She also claimed she was slapped and other things were done to her during the sex in that five month time period. She was asking for hundreds of thousands of dollars for that and she claimed for being wrongfully terminated when defendant’s wife found out about the sex and forced her firing. Her husband testified that he tried to kill himself because of the sexual harassment when he found out.
Defendant claimed that he and the plaintiff had a consensual affair and denied the slap or any other physical battery occurred. Defendant claimed the plaintiff just stopped coming to work when her husband found out about the affair and was not fired.
Plaintiff says she will appeal and defendant will seek costs if appropriate. The case was mediated and the plaintiff turned down significant money at mediation.
In early 2011, Wesierski & Zurek LLP was assigned to help defend a bus driver who was accused of sexually assaulting a disabled 3 year old on the school bus. The plaintiff’s counsel was a very prominent attorney who spared no expense in trying the case. During the course of the five years this case was in litigation (with co-defendants First Student and LAUSD), every conceivable motion was filed to battle the fact that our client had several past incidents that would put him in a negative light to a juror. The judge brought all of the defendant’s past history forward to the jury including the testimony of a handicapped student who had accused the bus driver of touching her in 2002. The driver that we represented was able to get dismissed prior to trial. Once the trial started, David Ferrante from Wesierski & Zurek LLP was brought in as associated counsel for First Student to handle the witness depositions taken during the trial. In five years, there were over 60 law and motion hearings, almost 80 ex partes, the trial was continued 14 times, and there were more than 100 depositions. After a 30 day trial, the jury returned a verdict of 9-3 for the defense, finding our client, the driver, did not harm the child.
Chris Wesierski recently won a case for State Farm and its agent where the demand was six million dollars. A person sued State Farm claiming that he asked for a comprehensive business policy and that he was not provided coverage for his automobile that he used at work. He then was in an accident and received an approximate six million dollar judgment against him due to the injuries he caused the other driver who had crushed legs. The injured driver then substituted into the case on his behalf and asked for the $6 million dollar judgment to be paid by State Farm since they had not provided the proper insurance requested.
The case went to jury trial in downtown LA and the jury ruled in favor of the defense ( State Farm and the agent) in fifty-five minutes giving a defense verdict.
We are very proud of Chris Wesierski who has spent almost thirty days in trial in 2015 with great success in all endeavors.