Verdicts & SettlementsVERDICTS AND SETTLEMENTS Westcal v. Heritage Life Insurance: Breach of Contract and Business Torts. The major component of the jury award constituted damages for intentional interference with prospective economic advantage. Only $1 million of the award constituted punitive damages. Motion for new trial or reduction in verdict denied. Harris v. FHP: Medical Malpractice resulting in premature delivery and significant injuries to child. Martinez v. Ortega Trucking: Wrongful death of 12-year-old son. The sole plaintiff was the child’s mother, a Spanish-speaking immigrant. Krause v. Diffenbaugh:Construction Defect. Wrongful death of a clerk who died in hardware store fire. Decedent was a young woman who was a part-time employee in the hardware store who was survived by a husband and two children. Blue v. Standard Steel: 61-year-old laborer killed while attempting to unload huge steel rings from a railroad car. Plaintiff was the 64-year-old African American widow of the plaintiff who was legally blind. Espino v. City of Los Angeles: Bicycle v. Parked Truck. Fractures to tibia, clavicle and cheek bones with closed head injury. Plaintiff was a Spanish-speaking immigrant who struck the suddenly opened driver’s door of City vehicle. Hendricks v. Carlson: Wrongful Death. Vehicle swerved in front of a tractor trailer causing the driver to lose control, serve off the freeway bridge causing his death, leaving a 65-year-old widow. Offer: 0 Demand: $100,000 (policy) (998) Jury Verdict: $783,067 Herrera v. Foremost Machine: Product Liability. Plaintiff lost 3 fingers in a plastic grinding machine. Plaintiff was a Spanish-speaking laborer. Rose v. Sarkisian: Wrongful Death. 39-year-old woman passenger in a vehicle killed in a traffic accident leaving a 19-year-old independent son. Rupert v. Safeco Ins.: Breach of Contract and Bad Faith against insurance company for failing to properly settle property damage claim. Cruz v. Cramer: Product Liability. Food worker suffered crush injury to right hand in food packaging machine. Client was a Spanish-speaking immigrant. Medina v. PhysicianCare Medical Group: Medical Malpractice. Inadequate post operative care after hand surgery caused Complex Regional Pain Syndrome. Gonzales v. Simon Container: Product liability. Hand pulled into a corrugated cardboard machine resulting in injury to left hand. Kolerich v. Jetco: Product Liability. Lack of adequate warning on fuel container causing explosion and burns to plaintiff. Lopez v. Finnegan: Medical Malpractice. Failure to properly treat emergency presentation of pregnant woman resulting in premature birth injuries (case tried in New Mexico). Gregory v. Douglas Oil: Plaintiff slipped and fell off top of an oil tanker. Defective design and unsafe loading site for oil loading. Kuhn v. Grays International: Construction Accident. Construction worker slipped and fell from a 25 foot climbing rig at construction site. Goldman v. Dingman: Aviation. Engine failure and power loss after takeoff due to improper engine overhaul resulting in crash landing and nerve injury. Jane Doe v. RBCB Assoc.: Premises Liability. Office worker raped while working late. Improper security by security company. Smith v. Wilmington Cab Co.: Taxi driver hit bicyclist rendering him a paraplegic. Defendant claimed plaintiff riding his bicycle on wrong side of road. Overcame independent contractor’s defense. Offer: 0 Demand: $600,000 (998) Jury Verdict: $2,135,452 Kamachi v. Confidential: Private bus, contracted by city ran a yellow light broadsiding plaintiff’ s vehicle causing quadriplegia. Defendant claimed plaintiff speeding and not wearing seat belt. Offer: $5,000,000 Demand: $10,000,000 Settlement: $9,000,000 Pugh v. Woodman: Motorcycle hits ladder on freeway which fell off a van. Blackburn v. State of California: Dangerous Condition. Motorcyclist hits railroad control box after driving off road at unmarked curve. Mast v. Cedars Sinai: Hospital Malpractice. 74-year-old died in ICU, a result of negligent nursing care. CEA v. TCM Forklift: Product Liability. Fractured ankle when deadman brake of rebuilt forklift failed. Aragon v. Joubert: Product Liability. Eye injury when bungee cord hook failed. Schwartz v. Garden Way: Product Liability. 70-year-old plaintiff lost fingers on left hand in a garden grinding machine. Product’s design was changed after verdict. Ronnie N. v. Does: Medical Malpractice. 45-year-old man suffered brain damage as a result of defendants’ failure to diagnose and treat bacterial meningitis. Greg C. v. Second Chance Body Armor and Toyobo: Product Liability. 41-year-old detective shot in the line of duty suffered severe injuries when his bullet proof vest failed. Victor A.v. Second Chance Body Armor and Toyobo: Product Liability. 29-year-old police officer shot in the line of duty suffered injuries when his bullet proof vest failed. Emad v. Doe Construction: Automobile Accident. Plaintiff was hit head-on, by a vehicle that crossed a double yellow line on a two-lane highway, resulting in a broken leg. Tony C. v. Doe Hotel: Hotel Liability. 78-year-old man was scalded in hotel’s shower in rural Colorado where case was litigated. Dorothy, Alfred and Nicolas S. v. Does: Automobile v. Pedestrian. Wrongful death of an 8-year-old boy who was hit and killed by a vehicle as he ran across the street. Plaintiffs were the parents and the one brother who witnessed the accident. Victoria M. v. Does: Medical Malpractice. 55-year-old woman suffered Complex Regional Pain Syndrome as the result of unnecessary and improperly performed shoulder surgery. Settlement: $625,000 Leopoldo B. v. Does: Medical Malpractice. 76-year-old man was left unattended, unsupervised, and alone in hospital when he fell from a portable toilet and suffered mild brain injury. Verna S. v. Does: Medical Malpractice . Wrongful death of a 44-year-old father and husband caused by defendants ‘ failure to timely and properly diagnose and treat appendicitis. Settlement: $500,000 Denise M. v. Does: Medical Malpractice. 47-year-old man died as a result of physician’s failure to properly monitor heart condition, and make a timely referral for transplant surgery. Mary R. v. Does: Product Liability. 65-year-old woman fractured leg when she fell from motor home due to retracted steps. Robert T. v. Doe Restaurant: Automobile Accident. 50-year-old man suffers chipped teeth and a compression fracture to his lumbar spine as the result of defendant running a red light. Tyrone P. v. Does: Motorcycle Accident. 73-year-old non-dependent father of 45-year-old motorcyclist brought action for the wrongful death of his son. Sara C. v. Does: Premises Liability. 57-year-old woman fell down stairs at neighbor’s house, suffering fractured ankle. Deschene v. Gas Company: Burn Injury. 42-year-old man operating road pulverizer hit a gas line on city street which was improperly placed and marked by the Gas Company. A gas cloud enveloped the man on the road pulverizer and ignited, causing flash burn injuries. Confidential v. Confidential: Medical Malpractice. Birth injury caused to baby boy when mother was not treated with antibiotics during labor and delivery despite having tested positive for Group B streptococci during prenatal care. Failure to render such treatment resulted in baby developing Group B streptococci sepsis which, in turn, left plaintiff with learning disabilities and developmental delays. Confidential v. Confidential: Medical Malpractice/Battery. 14-year-old girl is scheduled for arthroscopic knee surgery on her right knee. The surgeon performs surgery on her left knee instead and removed cartilage from the healthy knee. Medina v. Reed’s Inc.: Product Liability: 38-year-old cabinet maker injured when a bottle cap flew off bottle striking the man in the eye causing vision impairment. Settlement: $375,000 Niimiya v. Galicia: 35-year-old production manager hit by a pickup truck while crossing the street which resulted in a left leg fracture. The defense relied upon an independent eye witness who said that Plaintiff darted out in front of the vehicle and was well outside of any marked crosswalk. Confidential v. Confidential: Medical Malpractice. Woman dies from lack of post-operative care following gastric bypass surgery. Her husband and two sons recover the MICRA limits of $250,000 by way of settlement. Davis v. CLS Transportation.: Automobile Accident. Woman sitting in her car at stop sign, hit head on after Mercedes runs stop sign. Client suffered herniation of disk in her cervical spine. Settlement: $250,000 Wise v. Wartsilia North America: Product liability. While at work, woman’s hand was pulled into paper winder causing a crush injury. Hodson v. Dreyer: 90-year-old man struck in Trader Joe's supermarket parking lot resulting in a broken hip requiring open fixation with pins. Confidential medical malpractice: 70-year-old woman underwent low back epidural injections for pain under monitored anesthesia care and stopped breathing and suffered brain damage. Case settled against pain management surgeon and anesthesiologist. Free Consultations—Se habla español Toll Free: 1-888-783-4651
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