Experience

Frank Sabaitis litigates in several areas of the law with an emphasis on personal injury, products liability, toxic tort, construction and business litigation. Mr. Sabaitis has tried approximately 25 jury cases to verdict and has substantial trial experience (both jury and bench) in the Federal and State Courts throughout California and Nevada. He has tried more than 40 cases in total and has arbitrated and/or mediated hundreds of cases to successful conclusions. Mr. Sabaitis has been hired as monitoring counsel for multiple complex trials.

Mr. Sabaitis was trial counsel and appellate counsel for manufacturer, VAS, S.p.A., in a products liability case. The trial resulted in a defense verdict. The verdict was upheld on appeal. The published decision is a summary of risk-benefit design defect products liability law in California. Perez v. VAS, S.p.A., 188 Cal App 4th 685 (2010).

On February 20, 2014, Mr. Sabaitis received a defense verdict after a month long jury trial in Santa Barbara County Superior Court (Santa Maria division) on behalf of CalPortland Company. This case involved the owner/operator of a large paving company who was killed by an asphalt transfer truck on a highway paving jobsite. The case involved issues of causation, direct liability and vicarious liability. The plaintiff sought substantial lost profits against defendants.

Prior to trial, plaintiff demanded $5,000,000 pursuant to Section 998 of the California Code of Civil Procedure. In response, defendants offered $750,000 collectively. Subsequently, during trial, defendants issued a high low offer of $500,000-$2,000,000. This offer was rejected by plaintiff. During closing arguments, plaintiff requested the jury to award economic and non-economic damages of $10,000,000. The jury returned a defense verdict, findings that Mr. Sabaitis’ client was neither directly nor vicariously liable. On March 2, 2016, the California Court of Appeal affirmed the jury verdict and awarded CalPortland its additional costs on appeal in a published decision. Toste v CalPortland, 245 Cal. App. 4th 362 (2016).

Most recently, Mr. Sabaitis obtained a Judgment Notwithstanding the Verdict for his client after a 2 week jury trial in Los Angeles Superior Court. In granting the post trial motion, the trial judge set aside the $850,000 jury verdict and entered judgment in favor of Mr. Sabaitis’ clients. The trial court also awarded costs in favor of defendant.

Education

Mr. Sabaitis graduated from Boston College, cum laude and from DePaul University, College of Law.

Admissions

Mr. Sabaitis became a member of the Illinois State Bar in 1980 and the California State Bar in 1983. He is a member of the State Bar of California and the Los Angeles Bar Association. He is an AV preeminent rated attorney and has been named as a “Super Lawyer” by the Southern California Chapter of Super Lawyers from 2009 through 2021.