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Trial Victories Continue to Mount!

Posted by Matthew S. Constantino | Jul 18, 2025 | 0 Comments

Partner Matthew Constantino and Senior Trial Attorney Jesmin Alam successfully defended our clients, Davis/Reed Construction, Inc. and Oram Properties One, LP, and beat our clients' 998 Offer following a contentious three-week jury trial in San Diego before the Honorable Joel Wohlfeil.  Plaintiff, a court reporter, tripped and fell on a hole in a cross-walk she claimed our clients, a general contractor and hotel owner, were responsible for creating following renovation of The Guild Hotel in downtown San Diego.  Plaintiff claimed she suffered a trigger thumb injury that prevented her from working at full capacity.  Prior to trial, the defense submitted a 998 Offer of $125,000 to Plaintiff.  Plaintiff claimed damages of nearly $4M at trial.  The defense argued at trial that they were not responsible for creating the hole and Plaintiff's alleged damages were grossly inflated and not causally related to her fall.  After only one day of deliberations, the jury returned a unanimous verdict awarding Plaintiff only $40,000, and allocating only 5%, or $2,000, of the award to each of our clients.  As such, our clients beat their 998 Offer, entitling them to post-998 Offer costs.

About the Author

Matthew S. Constantino

Matthew S. Constantino is a Partner with Clapp, Moroney, Vucinich, Beeman & Scheley, and has been with the firm since 2005. Matt has extensive experience successively representing prominent developers, general contractors, subcontractors and design professionals in hundreds of large and complex lawsuits throughout California, frequently serving as lead defense counsel. As part of his practice, Matt has particular expertise in the relationship of insurance to construction related matters, including obligations to defend, tenders and indemnity related issues. He has significant experience in litigating construction and construction defect matters and advising clients concerning risk management, contract formation and negotiation, and insurance issues. Matt also has extensive experience in handling matters on behalf of developer, general contractor and trade contractors involving Civil Code section 895 et seq. (SB800) claims. His experience has allowed his clients to successfully navigate the statutory requirements of SB800, as well as resolving claims in an efficient and effective manner while limiting or avoiding subsequent litigation.

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