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Rose Lectured by the California Courts of Appeal

MARTIN v. Pacific Southwest Airlines, San Diego, Calif.

When PSA’s Boeing 727 airliner crashed in downtown San Diego, killing all aboard, Rose Walker lawyers Martin Rose was among the legal team hired to represent the airline. Eventually, the court ordered trials on damages only, without an express admission of fault by PSA. Rose defended PSA in a case involving a 36-year-old land developer allegedly worth millions of dollars who left behind a wife and three small children. The firm hired a forensic accountant who concluded the developer had been on the verge of bankruptcy when the crash occurred.

During the trial in state court, the plaintiff claimed earnings of $3 million per year by the decedent. The defense was simple: The man was a fine husband and father, but he was going bankrupt in the real-estate business. The jury awarded $695,000 in damages, but the plaintiff appealed, claiming the verdict was unconscionably low. A California appeals court agreed and had some choice words regarding attorney Martin Rose’s persuasive skills. The case was favorably settled before retrial.