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Davila v. Derby CA1/5
James Derby and DeSilva Gates Construction, L.P. (collectively, DeSilva Gates) appeal from a judgment entered after a jury found them 100 percent at fault for respondent Roberto Davila’s personal injury damages in the amount of $4,244,122. DeSilva Gates contends the jury’s allocation of fault was prejudicially affected by improper references to an indemnification agreement, by which respondent Navajo Pipeline, Inc. (Navajo) would have to pay all of the liability of DeSilva Gates if the jury found Navajo as little as one percent at fault, such that DeSilva Gates would pay nothing even though it admitted negligence. DeSilva Gates also contends the court erred by awarding costs to Davila under Code of Civil Procedure section 998, because Davila and his wife jointly served an offer that did not allocate between their claims, and expert witness fees for non-retained experts is not permitted.

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