Significant Cases

Posted in on January 30, 2014

TRACTOR TRAILER ACCIDENTS:

$26 Million Judgment in wrongful death/personal injury action. A wife and minor son died‚ and the daughter suffered traumatic brain injuries when a tractor trailer impacted the van driven by plaintiffs decedent. After extensive discovery‚ evidence presented at trial demonstrated the trucking company knew the brakes of the tractor were not in proper operating condition. In addition to an eight figure general damage award‚ over $5 million in punitive damages was awarded.

$2.4 Million Settlement in wrongful death action. The mother and father of adult children were northbound on I-15 in the “fast” lane when defendants tractor trailer rig crossed the center median and head impacted into the vehicle. Both the mother and father were killed instantly. Extenuating family circumstances warranted a prompt settlement.

$1.5 Million Settlement in wrongful death action. While driving his pick up truck eastbound on the 91 freeway‚ plaintiff’s decedent pulled over on the right shoulder to secure something in the tool box. As he was exiting the truck‚ a tractor trailer rig swerved to the right arguably going into the right shoulder. The mirror of the tractor trailer impacted the decedent. Defendant contended the decedent was not in the right shoulder‚ however, this was countered by the surviving wife’s testimony who witnessed the accident.

MOTOR VEHICLE ACCIDENTS:

$4.3 Million Judgment in personal injury action. Plaintiff‚ a 15-year-old boy, was riding in the bed of a small pick up truck‚ when the operator rear ended the vehicle in front resulting in plaintiff suffering severe spinal injuries.

$2 Million Settlement of personal injury action during trial. The 21-year-old plaintiff suffered the loss of his leg in a traffic accident. This hotly disputed liability case was settled during the trial.

$1.2 Million Settlement of personal injury action. Plaintiff driver left with brain and orthopedic injuries as a result of an errant vehicle on the freeway.

$1.1 Million Judgment in personal injury action. Motorcyclist suffered spinal injuries after being ejected during an accident with a motorist in the high desert.

DANGEROUS ROADWAYS:

$2.7 Million Settlement in wrongful death case. Plaintiff’s decedent was southbound on a roadway in the rain when the vehicle spun out of control, resulting in fatal injuries when her vehicle impacted a commercial 18-wheeler that was parked on the side of the roadway. Action against both the trucking company for its alleged illegal parking‚ as well as against the public entity for the condition of the roadway.

$1.8 Million Judgment in wrongful death action. Plaintiffs decedent in the #3 lane impacted the open door of a vehicle that pulled over on the shoulder of the roadway. Everyone lost their lives. Plaintiff contended the shoulder width did not conform to the plans and had such been the case‚ the open door would not have stuck out into the roadway. Case was both a jury trial against the public entity, as well as an Underinsured Motorist Award.

$1.5 Million Judgment in wrongful death action. Defendant #1 traveling eastbound on curvy roadway crossed the centerline head impacting into vehicle driven by plaintiff’s decedent. Plaintiffs were the wife and children of decedent who sued the public entity for failing to have proper signage to warn eastbound motorists on the roadway. Adverse driver was settled out for policy limits.

$2.2 Million Settlement in wrongful death action. After several minors left a Rave Party‚ they were headed home when the driver of the vehicle fell asleep. All in the vehicle perished after the vehicle left the roadway going down huge embankment. Plaintiffs‚ the parents, recovered against the promoters and security company retained by the promoters of the Rave. One parent recovered against the public entity asserting the lack of guardrail contributed to the fatality. Case against public entity settled in trial.

PRODUCT LIABILITY:

$10 Million Settlement in personal injury action. Plaintiff‚ an 8-year-old boy, suffered massive burns when the family home caught on fire after his mother fell asleep with a “Gel Candle” still lit. After extensive investigation‚ suspicion was the fire started from the gel candle which was housed in a glass container. Plaintiff suffered devastating burns over 60 percent of his body. Suit was filed against the manufacturer. Discovery disclosed the glass which housed the “Gel Candle” was made from recycled glass. The major retailer who sold the candle had many stores around the country‚ stores which never communicated to each other that fires had started in multiple homes in which the occupants purchased these candles.

$7.2 Million Settlement in personal injury action. Plaintiff‚ an infant boy, suffered massive burns when his 4-year-old brother lit the house on fire playing with a “utility lighter” while his parents were sleeping. The 4-year-old thought the lighter was a toy. The long nose utility lighter was designed and manufactured by a major lighter manufacturer who also manufactured regular cigarette lighters which incorporated in its design‚ the mandatory childproof mechanism‚ a feature the utility lighter did not have. Discovery disclosed before the date of the subject fire‚ the manufacturer had actually designed a childproof mechanism for the utility lighter and had actually done mock ups that were operational.

$1.5 Million Settlement in personal injury action. Plaintiff in his 50’s was riding a three-wheel all terrain vehicle in Mexico when the rear wheel struck a rock and ejected him. He suffered spinal injuries. The manufacturer of the ATV did not include a differential which negated the effective ability to steer in soft sand.

BOATING ACCIDENTS:

$1.2 Million Settlement in wrongful death action. Plaintiffs were the parents of a 25-year-old college student who suffered fatal injuries in a boating accident. Plaintiffs decedent and several others were invited to spend a recreational weekend at a Colorado River home. A relative of the owner took plaintiffs decedent and others out on a boat and while he was attempting to dock the boat on the properties‚ “jet dock” the operator missed the dock and impacted the dock support beam structure pinning the college student between the structure and the windshield of the boat‚ resulting in fatal injuries.

$1 Million Settlement of wrongful death action. Defendant lost control of the boat he was operating resulting in the boat striking the riverside impacting and causing fatal injuries to a young boy.

MEDICAL MALPRACTICE:

$1.4 Million Judgment in medical malpractice personal injury action. Plaintiff suffered injury to her heel after stomping on an aluminum can to crush it. Redness began going up her leg‚ and she returned several times to her doctor who simply dismissed it. The failure to diagnose the infection resulted in a partial amputation of the calcaneus (heel bone).

$1.2 Million Judgment in medical malpractice personal injury action. Plaintiff underwent an adult circumcision by defendant doctor in codefendants surgicenter. When the lights went out‚ defendant doctor continued the surgery by flashlight. After the surgery‚ plaintiff had many complications.

$350‚000 Settlement in medical malpractice personal injury action. Elderly plaintiff underwent surgery after which she suffered extensive infection resulting in the loss of her hip and surrounding structure.

$225‚000 Settlement in medical malpractice personal injury action. Plaintiff was placed under general anesthesia for eye surgery. During surgery‚ she began to awaken‚ began to cough, which caused pressure resulting in the lense in her eye popping out. The lense could not be saved.

PREMISES LIABILITY:

$1.1 Million Settlement in personal injury action. Plaintiff was a 35-year-old mother who slipped and fell on water in a major store. Plaintiff suffered a major back injury which required multiple surgeries with the injury resulting in residual pain. An action was filed again the major chain alleging the store and its employees were negligent in allowing the water to be present and in failing to inspect the floors assuring reasonably safe floors for customers. Discovery disclosed this store had no inspection policy and no one had inspected the floors the day of the fall.