Congratulations to Clare, Nico, the Bentley & More team, and to their well deserving client! Here is the write up on the case:
$3.82 Million Verdict Against Airport Project Manager in Trip-and-Fall Spine Surgery Case
Hamidian v. Jeff Oviedo & Associates, Inc.
Orange County Superior Court, Case No. 30-2020-01174350-CU-PO-CJC
Hon. Gassia Apkarian, Dept. C25
Verdict: $3,820,585.60, with 100% of fault assigned to defendant Jeff Oviedo & Associates, Inc.
Bentley & More LLP partners Clare Lucich and Nico D. Mamone obtained a $3,820,585.60 verdict on October 21, 2026, after a three-week trial in Orange County Superior Court. The jury returned its verdict after just two hours of deliberation. The award exceeded plaintiff’s CCP § 998 offer of $3.8 million. Defendant’s only 998 offer was $300,000.
The Facts
On September 2, 2020, 66-year-old Afsaneh Hamidian was walking through the parking structure at John Wayne Airport to pick up a rental car. The structure was under renovation but remained open to the public. Defendant Jeff Oviedo & Associates, Inc. (JOA), the County of Orange’s program manager for the renovation, had directed the removal of a rental car key drop box from a designated pedestrian walkway. The anchor bolts were left protruding from the concrete, and the area was not barricaded, coned, or marked. Ms. Hamidian caught her foot on the bolts and fell forward, striking her face on the concrete.
Liability
The defense strategy was to point the finger elsewhere. JOA argued that as project manager it performed no physical construction and relied on its contractor to do the work properly, so it could not be held responsible for the contractor’s mistakes. JOA asked the jury to place 100% of the fault on CTG Construction, Inc., a County contractor. CTG denied performing the work.
Plaintiff’s team showed that JOA ordered the removal, was present for it, and assisted with it, yet never told anyone to remove or grind down the bolts and never inspected, barricaded, or warned of the hazard. Just as important, plaintiff exposed that there was no evidence CTG removed the box or was even present when it happened. The jury rejected the empty-chair defense, finding 12-0 that JOA was negligent, that its negligence was a substantial factor in causing harm, and that CTG was not negligent.
Damages: No Discount for Growing Older
Ms. Hamidian suffered facial trauma with residual asymmetry and a massive right rotator cuff tear requiring arthroscopic repair. She also suffered an aggravation of pre-existing cervical degeneration with right arm radiculopathy, ultimately requiring a C4-C7 anterior cervical discectomy and fusion in December 2024.
The defense case on damages came down to one idea: because Ms. Hamidian was older and her spine showed wear and tear, her injuries were worth less. JOA argued her neck complaints were simply the natural progression of degenerative disc disease, relied on a radiologist who found no acute traumatic changes, and emphasized the four-year gap before her fusion.
Plaintiff met that argument head-on. Rather than hiding her history, the team embraced it. Ms. Hamidian had degeneration in her neck and had treated for neck pain in the past, as many people her age have. But she had needed no neck treatment in the 11 months before the fall. She was an active grandmother who was fully present in her grandchildren’s lives. After the fall, her pain changed everything, limiting what she could do and how she could spend her time with the people she loves most.
In closing, Clare framed the case around Ms. Hamidian’s golden years, the time she had worked her whole life to enjoy. She told the jury there is no discount for degeneration, and that the law does not allow a defendant to pay less because the person it injured was older or more vulnerable. Those years are no less valuable, and losing them to pain and surgery is no less real. The jury agreed, awarding $3.365 million in noneconomic damages.
The jury awarded $130,585.60 in past medical expenses, $325,000 in future medical expenses, $1,565,000 in past noneconomic damages, and $1,800,000 in future noneconomic damages.
The Trial Team
Clare and Nico co-tried the case and shared the witness examinations. Clare handled jury selection, closing argument, and rebuttal, and Nico delivered the opening statement. Cassidy Wakeham provided invaluable assistance with trial preparation and support throughout trial.
Plaintiff’s experts included Brad Avrit, P.E. (safety engineering and construction management); John Brault, M.S. (biomechanics); treating physicians Payam Farjoodi, M.D. (orthopedic spine surgery) and Lauchlan Chambers, M.D. (orthopedic shoulder surgery); and Andrew S. Morris (medical billing and future medical costs).
Defense counsel were Matthew G. Whitten and Manuel Saldana of Gordon Rees Scully Mansukhani LLP. Defense experts were Michael Weinstein, M.D. (orthopedic surgery); Richard B. Rhee, M.D. (radiology); and Mohamed Mamoun (liability).
