Poire

There are two issues in these cross-appeals from a judgment in favor of Matthew Poire against C.L. Peck/Jones Brothers Construction Corporation, Inc. (Peck/Jones) for injuries suffered in a construction accident. Peck/Jones argues the trial court erred by refusing to reduce the judgment by an offset for amounts paid to plaintiff by settling defendants. Plaintiff argues that he was entitled to costs, including expert witness fees, under Code of Civil Procedure section 998 , because his judgment was more than his statutory offer to settle. He contends that the trial court erred in concluding that the amount of workers’ compensation benefits received by a plaintiff must be deducted from the judgment before determining whether plaintiff received a more favorable result within the meaning of section 998.

We conclude that Peck/Jones was entitled to an offset under established precedent interpreting section 877, subdivision (a). We also conclude that Mr. Poire was entitled to expert witness fees and costs under section 998.

Factual and Procedural Summary

In February 1990, the University of California, Los Angeles Medical Plaza and adjacent facilities were under construction.…