Costs Shifting Frequently Can Be The Result With A Well-Crafted 998 Offer.
Plaintiff student sued Loyola Marymount University and Los Angeles Television Access Corporation (Access) for premises liability and negligence after Access’ photography light fell on student. After a bench trial, University was held blameless, and student won $22,834 in damages against Access. However, in Adger v. Loyola Marymount University, Case No. B322707 (2d Dist., Div. 8 Aug. 13, 2024), judgments were entered in favor of University ($30,319.03) and Access ($61,720.98–$88,814.52 in costs minus the judgment against it) because student rejected a CCP § 998 offer which beat the results as to University and Access. The appellate court affirmed, demonstrating how the judgment calculus can shift when a 998 offer is successful and when there are expert-intensive personal injury cases that do not go as plaintiff had hoped.