Arno

INTRODUCTION AND BACKGROUND

Plaintiff, appellant and cross-respondent Phillip Amo (Amo) was injured in the crash of a helicopter piloted by defendant, respondent and cross-appellant Kris Kelley (Kelley), operated by Kelley’s employer, defendant, respondent and cross-appellant Helinet Corporation (Helinet), and owned by the Purwin Company, a defendant. During discovery, defendants denied Arno’s request for admissions concerning causation and liability. Amo also served on defendant Kelley a settlement offer pursuant to Code of Civil Procedure section 998 of $999,999.99. Upon the expiration of that offer, which Kelley did not accept, Amo made an identical section 998 offer to defendant Helinet. Helinet did not accept that settlement offer. Just before the trial, defendants filed, with court permission, an amended answer admitting liability.

Following a trial on the issue of damages, the jury awarded Amo $13,149,099. Arno moved, pursuant to Civil Code section 3291, for $3,505,225.57 in prejudgment interest from the date of the section 998 offer to Kelley, under section 998 for expert witness fees and other costs, and under section 2033, subdivision (o), for $200,675 in…