Senior Protected in Trial and Appellate Courts
93-year-old Ernie found himself in a dire state when he was served with a lawsuit for hundreds of thousands of dollars in damages. The lawsuit, filed by a commercial property owner, alleged that Ernie had overstayed his welcome at a rental he used for a barbershop. With only limited Social Security benefits as his primary source of income, there was no way for him to afford a lawyer.
Ernie made an appointment with CVLS’ clinic at Old St. Mary’s Church, where he met with volunteer attorney, Steve Lindberg. Steve agreed to take Ernie’s case, which started as a commercial eviction before turning into a breach of contact case. Steve took Ernie’s case to trial before a jury and won, but the plaintiff soon filed a motion to vacate and got the judge to order a new trial.
Teaming up with staff attorney Dan Quarfoot, Steve set about appealing the decision that vacated the jury verdict. They also challenged the trial court’s decision to prohibit Steve from presenting evidence at trial regarding the plaintiff’s failure to mitigate damages. Although the appellate court noted that a new trial should occur, it also said that the trial court should have allowed evidence of the lack of mitigation. The case was remanded for a new trial, but the plaintiff never reinstated the case, and there is a strong argument that the time to do so has passed.
In the end, thanks to Steve and Dan, Ernie came away unscathed with no money judgment against him. This should put the matter to rest and put Ernie’s mind to ease, so that he can focus on his well-deserved retirement.
