Results are dependent on the specific facts of each case and will differ if based on different facts.
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.
Offer: 0 Demand: $5,000,000 Jury Verdict: $21,669,529
Harris v. FHP: Medical Malpractice resulting in premature delivery and significant injuries to child.
Offer: $1,400,000 Demand: $2,200,000 (998) Jury Verdict: $11,203,470
Martinez v. Ortega Trucking: Wrongful death of 12-year-old son. The sole plaintiff was the child's mother, a Spanish-speaking immigrant.
Offer: $100,000 Demand: $750,000 Jury Verdict: $2,200,000
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.
Offer: $100,000 Demand: $1,000,000 (998) Jury Verdict: $3,097,549
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.
Offer: $100,000 Demand: $450,000 Jury Verdict $2,469,000
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.
Offer: 0 Demand: $500,000 Jury Verdict: $970,000
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.
Offer: $245,000 at trial Demand: $600,000 (998) Jury Verdict: $1,150,000
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.
Offer: $100,000 Demand: $250,000 (policy) Jury Verdict: $627,000
Rupert v. Safeco Ins.: Breach of Contract and Bad Faith against insurance company for failing to properly settle property damage claim.
Offer: $100,000 Demand: $750,000 Jury Verdict: $1,250,000
Cruz v. Cramer: Product Liability. Food worker suffered crush injury to right hand in food packaging machine. Client was a Spanish-speaking immigrant.
Offer: $30,000 Demand: $325,000 (998) Court Trial: $735,000
Medina v. PhysicianCare Medical Group: Medical Malpractice. Inadequate post operative care after hand surgery caused Complex Regional Pain Syndrome.
Offer: $120,000 Demand: $225,000 (998) Jury Verdict: $1,053,251
Gonzales v. Simon Container: Product liability. Hand pulled into a corrugated cardboard machine resulting in injury to left hand.
Offer: $200,000 Demand: $500,000 Jury Verdict: $650,000
Kolerich v. Jetco: Product Liability. Lack of adequate warning on fuel container causing explosion and burns to plaintiff.
Offer: $0 Demand: $300,000 Jury Verdict: $1,250,000
Lopez v. Finnegan: Medical Malpractice. Failure to properly treat emergency presentation of pregnant woman resulting in premature birth injuries (case tried in New Mexico).
Offer: $50,000 Demand: $5,000,000 Jury Verdict: $5,750,000
Gregory v. Douglas Oil: Plaintiff slipped and fell off top of an oil tanker. Defective design and unsafe loading site for oil loading.
Offer: $150,000 Demand: $750,000 Jury Verdict: $1,500,000
Kuhn v. Grays International: Construction Accident. Construction worker slipped and fell from a 25 foot climbing rig at construction site.
Offer: 0 Demand: $1,000,000 (998) Jury Verdict: $1,060,000
Goldman v. Dingman: Aviation. Engine failure and power loss after takeoff due to improper engine overhaul resulting in crash landing and nerve injury.
Offer: $200,000 Demand: $1,000, 00 (policy) Arbitration Judgment: $1,995,000
Jane Doe v. RBCB Assoc.: Premises Liability. Office worker raped while working late. Improper security by security company.
Offer: $100,000 Demand: None firm Jury Verdict: $600,000
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.
Offer: $100,000 Demand: $200,000 (policy) Jury Verdict: $500,000
Blackburn v. State of California: Dangerous Condition. Motorcyclist hits railroad control box after driving off road at unmarked curve.
Offer: $75,000 Demand: $500,000 Jury Verdict: $810,000
Mast v. Cedars Sinai: Hospital Malpractice. 74-year-old died in ICU, a result of negligent nursing care.
Offer: $75,000 Demand: $225,000 (998) Jury Verdict: $500,000
CEA v. TCM Forklift: Product Liability. Fractured ankle when deadman brake of rebuilt forklift failed.
Offer: $0 Demand: $500,000 (998) Jury Verdict: $1,028,200
Aragon v. Joubert: Product Liability. Eye injury when bungee cord hook failed.
Offer: $50,000 Demand: $1,000,000 Jury Verdict: $958,000
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.
Offer: $200,000 Demand: $600,000 Jury Verdict: $650,000
Maciel v. Wilkins: Dog attack. 25-year-old postal carrier chased by a dog, caused client to jump off a porch and suffer a non-displaced fracture of the tibial plateau in the knee.
Offer: $25,0000 Settlement: $230,00.
Hernandez v. Academy of Motion Picture Arts & Sciences: Auto collision. 62-year-old client was in a parked vehicle when it was hit head-on by an Academy van being driven by an employee without permission who was unlicensed. The client suffered chest contusion and fracture of the talus bone in his right foot requiring surgery.
Offer: $0 increased to $325,000 Settlement: $775,000
Mendoza v. Frize: Industrial accident. 17-year-old painter’s helper touched a 240 volt busbar resulting in a burn injury to his hand.
Offer: $0 Result: Satisfaction of judgment after jury trial and appeal: $864,491 in addition to prior settlement with anotherparty for $350,000
Gralnik v. City of Los Angeles and Avila: Dangerous sidewalk. 72-year-old woman tripped on broken sidewalk and broke her hip requiring surgery.
Offer: $25,000 Settlement: $100,000
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.
Settlement $2,285,000, plus $500,000 in Workers' Compensation benefits
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.
Settlement: $750,000 within four months of filing suit.
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.
Representative Bicycle Accident Cases Pending or Completed by AgnewBrusavich, 2010 and 2011Cyclist hit by distracted taxi driver. Two cyclists returning from a morning ride, riding two abreast in their right of way in the beach area. The outside cyclist was struck from behind by a taxi driver causing serious injuries. Investigation and testimony to date established the taxi driver believed the cyclists were "in my lane" highlighting a common misconception on the part of drivers who hit cyclists and mistakenly believe that the lane is theirs and not the cyclists'.
Local cyclist commuting from home to work was knocked down by a passing vehicle riding too close to the bike lane. Fortunately the cyclist suffered only road rash and property damage. Cyclist recovered $10,000, which provided compensation for the minor injuries as well as complete replacement cost for a new specialized SL3 frame.
Cyclist commuting to work near the intersection of Palos Verdes Drive and Hawthorne was knocked down by an inattentive motorist who was turning right across the bike lane. A local police officer with known hostility towards bicyclists blamed the cyclist, however, investigation overcame the bias in the police report and allowed the victim to recover $17,000.
Club racer knocked down from behind by an erratic and inattentive driver on Palos Verdes Drive. The cyclist recovered $75,000 for back injuries, road rash, and bruises as well as property damage.
Elite cyclist riding in West Los Angeles passing the entrance to a small parking lot was struck when an inattentive motorist entered the traffic lane without checking for cross traffic. The cyclist sustained serious injuries and recovered substantial money damages which are confidential.
Cyclist riding with a group on a morning ride in Marina del Rey was struck by an inattentive motorist with "heavy foot syndrome," i.e., she jumped a stop sign as the cyclist was proceeding through the intersection. $5,000 in property damage recovered. $15,000 policy limits of offending driver recovered, as well as $8,000 from the cyclist's own uninsured motorist coverage for a total $28,000 recovery.
A pro racer from Mexico was killed in 2010 by two teenagers operating their cars in a reckless manner causing one to cross over lanes and strike the cyclist head-on. AgnewBrusavich is representing the deceased cyclist's parents, who live in Mexico. Both vehicle drivers are facing criminal charges.
Professional cycling coach was injured in San Diego on a day ride when confronted by an angry pickup truck driver in a road rage incident. The driver made a sudden stop while in a heated verbal exchange with another cyclist, causing the coach to strike the rear of the pickup truck and sustain injuries. $15,000 policy limits against the offending driver were recovered and an additional $60,000 recovered from the cyclist's uninsured motorist coverage.
Four cyclists were taken out by a driver of a Ferrari who drifted into the bike lane on Palos Verdes Drive West, knocking down the lead rider and three riders behind her. Three cyclists were injured. The fourth cyclist suffered property damage only. All four cyclists received full compensation for all of their property damage, and the three injured cyclists recovered maximum recoverable policy limits of $100,000 each from the offending driver.
Two experienced riders in the South Bay were knocked down when a pickup truck drifted into the bike lane striking the cyclist positioned on the outside of the bike lane. Both were knocked down suffering injuries as well as bicycle clothing and equipment damage. $800, respectively, recovered in property damage. $250,000 obtained during litigation and following a mediation.
Club rider descending Palos Verdes Drive East past the college was knocked down by a driver who cut him off turning right down Miraleste. The driver drove the victim to a local bike shop, replaced some of the damaged equipment and got the victim to sign a waiver and release for damages. The cyclist subsequently realized that he was suffering from injuries which affected his ability to work. AgnewBrusavich litigated the matter to set aside the driver's signed waiver and release, and negotiated an injury settlement for an additional $39,000.
Orange County cyclist riding in his right-of-way was "door prized" by an on duty police officer. Scrapes, bruises, road rash and a wrist injury were suffered. Matter pending litigation after the city and police department denied the claim. This is just one of several "door prize" cases pending in the firm.
2011 case pending: AgnewBrusavich is representing a victim from the ultimate nightmare which involved a group of South Bay cyclists on their regular Sunday morning ride when a car load of partying and allegedly intoxicated young women crashed head on into the group shortly after 7:00 a.m. The matter is in active litigation in Torrance Superior Court.
2011 investigation pending: AgnewBrusavich has taken on the representation of a local cyclist catastrophically injured by newly installed speed bumps on Via Del Monte. Immediately after the City of Palos Verdes installed what are deceptively called "speed cushions" to slow down automobile traffic on the road, one rider in a small group of cyclists on the descent went down as a result of this dangerous condition on the highway suffering a brain injury. The victim faces a long-term rehabilitation and severe morbidity.
Recent AgnewBrusavich Cases (Non-Cycling Related)$4,375,000 settlement obtained in a wrongful death construction accident and product liability case on behalf of wife and two children of a construction worker. The worker was killed by construction equipment.
Salesperson checking inventory in a warehouse was struck and knocked down by a forklift coming out of an interior driveway through opaque refrigeration curtains. She suffered degloving injuries and a fractured hip. The matter resolved on the eve of trial for $1,625,000.
Professor on a Sunday morning walk was killed by a negligent teenage driver speeding on Hawthorne Boulevard near its intersection of Crest. The driver lost control of his vehicle and hit the curb, went up onto the sidewalk striking the pedestrian on his early morning Sunday walk. He died on the way to the hospital from internal bleeding leaving a wife and three children. Maximum recovery obtained on behalf of the family. The amounts are confidential.
Confused elderly pedestrian confused stepped off curb against pedestrian crosswalk signal and was bumped by a young driver at about 5 mph who was starting a right turn on a red light. The elderly gentleman was knocked down, struck his head, never regained consciousness and died one day later. There were no economic damages and the defense claimed the accident was the fault of the pedestrian for stepping off the curb into a crosswalk against traffic lights. Notwithstanding, a $900,000 recovery was obtained.
Young mother and her husband recovered $900,000 for loss of fetus at 12 weeks. The young mother working in an office setting above a dry cleaner was sickened and caused to faint from carbon monoxide leaking through vents from the business below. She went to the hospital and her blood level showed that she had some carbon monoxide poisoning. Unfortunately, the husband and wife were uncertain as to what affect that would have on their 12-week fetus. They elected to terminate the pregnancy. Recovery was for the emotional distress caused by this very painful decision they had to make regarding the pregnancy.
Motorcycle rider on a solo mountain road ride was run off the road by an oncoming motorcyclist who crossed the center line. The victim suffered leg injuries, as well as back injuries. Recovery of full policy limits from offending driver as well as an additional $500,000 from the victim's own uninsured motorist coverage.
Mother and father recovered for wrongful death of one day old infant. Difficult labor resulted in an attempted vacuum extraction which caused bleeding and swelling on the head and brain of the infant who died less than 24 hours after birth. Damages were capped by statute at a maximum of $250,000. Recovery of $350,000 obtained however based upon additional damages for the emotional distress of the mother.
Single mom recovered $250,000, the maximum allowable statutory damages for the wrongful death of her young son who suffered an infection following a tonsillectomy. The claim is based upon inadequate monitoring and inappropriate prescription of antibiotics upon discharge from hospital with an infection following the tonsillectomy.
Motorcycle rider recovers $100,000 policy limits against offending driver as a result of a left-turn accident. The motorcycle rider suffered a non-surgical knee injury.
Teenager, through mother/guardian ad litem, recovered $700,000 in a lawsuit against a school and school district adult male school employee. The employee developed an unlawful sexual relationship with a 15 year-old student on campus after school activities with the inappropriate sexual behavior taking place off campus.
Elderly woman underwent pain management injections in her spine and suffered brain damage from anesthesiology malpractice. Settlement: $1,140,000.
Disabled woman visiting friend in hospital slipped on wet floor caused by improper maintenance with the wrong wax. Fracture of ankle and patella. Settlement: $490,000.
50-year-old motorcyclist injured when motorist made a left turn. Motorcyclist sustained ankle fracture requiring open reduction. Settlement: $850,000
Elderly couple sustained aggravation of pre-existing arthritic condition of neck when rear-ended. Settlement: $350,000
15-year-old student sustained a subdural hematoma during varsity football game. Claimed coaching staff negligently played him with a concussion resulting in "second impact syndrome" injury. Settlement: $600,000
48-year-old male underwent surgery for a meningioma tumor and had an artificial dura installed over his brain. Subsequently, infection developed allegedly due to sterility issues concerning the manufacture of the artificial brain flap. Settlement: $600,000
Postal worker delivering mail jumped off a porch to avoid an attacking dog. Sustained patella fracture of the right leg. Settlement: $350,000