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).

A new proposal to amend the California Criminal Jury Instructions has been posted to the California Courts web site, at http://www.courts.ca.gov/policyadmin-invitationstocomment.htm

CRIMINAL JURY INSTRUCTIONS (CALCRIM)_ CALCRIM 2026-02

Title: Criminal Jury Instructions: Revisions and Additions to the Judicial Council of California Criminal Jury Instructions

Summary: The Advisory Committee on Criminal Jury Instructions seeks public comment on proposed revisions and additions to the Judicial Council of California Criminal Jury Instructions (CALCRIM). Under California Rules of Court, rule 10.59, the advisory committee is responsible for regularly reviewing case law and statutes affecting jury instructions and making recommendations to the Judicial Council for updating, revising, and adding topics to the council’s criminal jury instructions. On approval by the Judicial Council, all changes will be published in the 2027 edition of the official CALCRIM publication.

Deadline: Comments must be submitted by Friday, November 13, 2026, at 5:00 PM (Pacific Time)

It’s time for OCWLA’s annual election! We are currently seeking candidates to fillten (10)Director positions for the upcoming term.

Board Member Time Commitment

Serving as an OCWLA Director or Officer is expected to be a one-year term. Collegiality and camaraderie are integral to the OCWLA Board experience! The core commitments include:

• Attendance at monthly OCWLA Board meetings
• Attendance at monthly OCWLA lunch or evening programs
• Active participation in OCWLA committees
• Participation in the annual Board Retreat

How to Run

If you are interested in joining the Board, please submit a short candidate's statement and an optional headshot to us at info@ocwla.org.

• Submission Deadline: Close of business on Friday, October 16, 2026

Important Election Dates

• October 20, 2026:The 2027 Slate of Director candidates and the online voting portal will be emailed to the membership.
• November 1, 2026:Online elections close.
• November 18, 2026 MCLE Luncheon:Election results will be officially announced.
• December 2, 2026:The 2027 Officers and Board of Directors will be installed at the OCWLA Holiday Reception & Installation Dinner.

We are very excited about your interest in joining the OCWLA Board! If you have any questions, please feel free to reach out to us at info@ocwla.org.

You can access the proposals here: http://www.courts.ca.gov/policyadmin-invitationstocomment.htm

FACILITIES

ITC Number: SP26-09

Title: Facilities: Draft California Trial Court Facilities Standards, 2026 Edition

Deadline: Comments must be submitted by Tuesday, September 15, 2026, no later than 5:00 PM (Pacific Time).

You can access the proposals here: http://www.courts.ca.gov/policyadmin-invitationstocomment.htm

PROBATED AND MENTAL HEALTH

ITC Number: SP26-08

Title: Probate Conservatorship: Handbook for Conservators

Deadline: Comments must be submitted by Friday, September 25, 2026, no later than 5:00 PM (Pacific Time).

Two new Special Cycle proposals are now available for your review and comments. You can access the proposals here: http://www.courts.ca.gov/policyadmin-invitationstocomment.htm

CIVIL AND SMALL CLAIMS

ITC Number: SP26-06

Title: Rules and Forms: Amendment of Rule 2.900

Deadline: Comments must be submitted by Wednesday, September 23, 2026, no later than 5:00 PM (Pacific Time).

ITC Number: SP26-07

Title: Remote Proceedings: Implementation of Senate Bill 174

Deadline: Comments must be submitted by Wednesday, September 23, 2026, no later than 5:00 PM (Pacific Time).

Dear Future Prosecutors:

We are excited share the Orange County District Attorney’s Office will be hosting a Southern California Prosecutorial Job Fair, taking place on September 4, 2026, from, 9:00 AM – 4:00 PM, at the County of Orange County Conference Center,located at 400 W. Civic Center Dr. Satna Ana CA. 92703.

This event is a fantastic opportunity for you to explore a variety of career options within various District Attorney Offices. You'll have the chance to learn about the unique office cultures, job openings, and the numerous benefits that come with a career in prosecution. Moreover, you can engage in on-the-spot interviews, which could be a significant step toward your future career.

This event highlights the rewarding nature of prosecutorial careers, including the fulfilling opportunity for community service, job stability, and competitive salaries.  

If you would like to register, please do so here So Cal Prosecutorial Career Fair Registration Form by August 20, 2026.

We look forward to seeing you there and helping you take the next step in your legal career. Please mark your calendar and don't miss out on this incredible opportunity!

Respectfully,

Orange County District Attorney's Office

This email is to inform you that a new proposal has been posted to the California Courts website, at https://courts.ca.gov/policy-administration/invitations-comment

Court Interpreters SP26-05

Title: Court Interpreters: Revisions to Payment Policies for Independent Contractor Interpreters

Summary: The annual Budget Act instructs the Judicial Council to set policies and compensation rates for contract court interpreters, not to exceed the rates paid to certified court interpreters in the federal court system. In response to increasing interpreter expenditures and challenges in managing interpreter resources, the Court Executives Advisory Committee (CEAC) recommends revising the Payment Policies for Independent Contractor Interpreters to promote short- and long-term cost containment measures. These include implementing non-negotiable rates, establishing uniform travel compensation, standardizing contractual obligations for services rendered, and additional revisions to clarify and standardize administrative procedures across the state. To implement the required rate structure, CEAC proposes raising the maximum daily compensation rate for independent contractor interpreters to not exceed the rate paid to federally certified interpreters, as required by the annual Budget Act.

Deadline: Comments must be submitted by Monday, August 24, 2026, at 5:00 PM (Pacific Time)

CIVIL JURY INSTRUCTIONS (CACI) _CACI26-02

Title: Civil Jury Instructions: Revisions to Judicial Council of California Civil Jury Instructions

Summary: The Advisory Committee on Civil Jury Instructions seeks public comment on proposed revisions and additions to the Judicial Council of California Civil Jury Instructions (CACI). Under California Rules of Court, rule 10.58, the advisory committee is responsible for regularly reviewing case law and statutes affecting jury instructions and making recommendations to the Judicial Council for updating, revising, and adding topics to the council’s civil jury instructions. On approval by the Judicial Council, all changes will be published in the 2027 edition of the official CACI publication.

Deadline: Comments must be submitted by Friday, September 11, 2026, at 5:00 PM (Pacific Time)

Hello Volunteers, 

We are excited to offer more pro bono clinic opportunities in the upcoming months! Click this link or reply to register. Sign up today to help a family at a clinic and make a real difference in your community.

Volunteerscan be both attorneys and non-attorneys. No experience or expertise required. On-site training is provided. Please feel free to share this email with anybody you know who might be interested in volunteering. 

Estate Planning Clinics 

Volunteers assist a family to talk through a series of questions to determine who they want to make decisions if they cannot, who should be able to exercise their parental powers if they become unavailable, and what should happen to their belongings when they pass away. Volunteers may be reviewing their answers on the questionnaire, or reviewing the documents our office prepared based on the questionnaire.

Limited Conservatorship Clinics *Volunteers Urgently Needed August 8*

Volunteers sit with a family whose loved one has a developmental disability and lacks capacity to make some decisions. Whether that is consent to medical care, or to understand complex contracts, the family needs a court order to take the power from their loved one. Volunteers will help families to review a questionnaire and then read through court forms (prepared by our office) to verify all the information is correct before they sign.

Probate Note Clearing Workshop

Volunteers assist unrepresented litigants to review probate notes (directions from the probate court on how to fix errors in their filing), and to type their answers into a form.

Please email me with any questions. Thank you for all your support!

Best, 

Rebecca

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Rebecca France

Equal Justice Works Fellow