Car Accident/Insurance Bad Faith
Plaintiff was seriously injured in a three car collision. The accident injured four other persons. The “at fault” driver had a policy with limits of $15,000/$30,000 limits. Plaintiff, whose claim was worth in excess of $750,000, demanded the payment of the policy limits for his claim. The carrier offered the entire $30,000 to divide in any manner all of the claimants wished. Plaintiff settled with the adverse driver for a judgment and a covenant to not execute and tried the case against the carrier for bad faith.
Result: Jury Verdict for $900,000 for bad faith Defendant Adult Abuse
Plaintiff was sexually abused by an employee of a nursing care facility. The employee was proven to be unfit and was precluded by law from working in an elder care institution at all by reason of a criminal conviction. Plaintiff was prepared to prove that the defendant engaged in a cover-up of the employee's wrongdoing. Proof established that the employee had sexually abused the Plaintiff who was disabled and unable to protect herself.
Result: Settlement of $4.7 million
Wrongful Termination
Jury trial in wrongful termination case. Plaintiff was terminated from his employment after seventeen years. Plaintiff could not be terminated without cause. Plaintiff presented evidence in trial that the defendant's true reason for terminating him was to save money and split his territory. Discovery revealed altered documents.
Result: Jury Verdict of $1.8 million
Trip and Fall
Jury Trial involving a trip and fall in a market caused by the negligent placement of a carton next to the plaintiff causing her to fall. Injury was a shattered
humerus
requiring a partial shoulder replacement resulting in her dominant arm being rendered virtually useless and in pain.
Result: Jury Verdict of $1.1 million
Wrongful Death/Railroad Crossing
Jury trial involving wrongful death of thirty nine year old father and husband killed at Union Pacific rail crossing. Plaintiff provided evidence of negligent maintenance of the signal and the city's maintenance of a dangerous condition of public property. Ten week jury trial.
Result: Jury Verdict of $1.7 million
Car Accident
Minor with Down Syndrome waiting in her father's car on the side of a rural road while her father discussed employment with a farmer. When the child exited her vehicle to join her father, the defendant approached straddling the center line causing the child to believe that she was in danger staying on the side of the road. The vehicle struck the child throwing her 75' and causing further permanent injury.
Result: Settlement of policy limits of $1.1 million
Wrongful Death/Dangerous Conditions of Public Property
Plaintiffs' parents were driving in the mountains next to Pine Flat Reservoir at night on the way to a meeting. The Army Corps of Engineers had converted a county road into a boat ramp. The decedents drove on the county road and continued driving into the lake causing them both to drown. The ramp was not properly signed and was not lighted.
Result: $600,000 Judgment by the United States District Court
Products Liability
Products liability claim for lack of an adequate safety lockout resulting in a fall of 25 feet off of a conveyor. The equipment was used to sort garbage at a municipal dump. Machine was started unexpectedly without a warning causing the plaintiff to fall twenty-five feet onto a tractor bucket causing injury. Firm retained as co-counsel.
Result: $350,000 settlement
Premises Liability / Medical Malpractice
Plaintiff sustained a fracture of the radius while observing a roller skating competition at the convention center in Fresno. She was climbing risers temporarily erected for seating to observe competition. The house lights were suddenly turned off. The Plaintiff stumbled in the darkness causing her injury. Plaintiff was treated at Kaiser in Fresno with instructions to see Kaiser in Riverside. The physician in Riverside did not plate the fracture. The fracture went on to non-union so that the Plaintiff had to have two subsequent surgeries and with resulting shortening of her arm and a claim of disability.
Proof established that medical records had been altered by the physician.
Result: $300,000 settlement with City of Fresno with assignment of right to indemnity from Kaiser. Subsequent malpractice action against Kaiser arbitrated with recovery of additional $300,000.
Medical Malpractice
Medical malpractice action against nephrologist. Paintiff's wife was treated by defendant for retroperitoneal fibrosis by prescribing Imuran. Imuran has a well-known potential for suppression of the immune system. Defendant failed to undertake weekly blood testing as required to determine to follow the effects of the medication. After six weeks during which she developed severe weakness, the decedent sought a second opinion from a physician in San Francisco who advised her to stop using the Imuran immediately. Upon her trip home that day she collapsed and was hospitalized in Gilroy. She suffered severe sepsis and died six days later.
Result: Settlement of $275,000 (recovery for general damages limited to $250,000 by law)
Car Accident
Plaintiff was injured by a construction worker driving to work. The driver ran a red light. Plaintiff alleged that the worker was in the course and scope of his employment while driving to work because the worker was carrying construction tools back to the place of work.
Result: Settlement of $350,000
Personal Injury
Plaintiff sustained infection of punctures to her lips and scarring caused by attempted
tattooing
of her lips by a beauty salon. Discovery showed that the operator, the former receptionist, had a weekend course on
tattooing
before the procedure done on the plaintiff. The salon claimed the operator was an independent contractor.
Result: Settlement for $273,000 of which $100,000 was the policy limits paid by the insurance carrier for the operator and part of which was paid by the salon operator personally.
Premises Liability
Plaintiff, the three year old son of a migrant worker, was injured when a door fell off of its hinges at the labor camp causing a large laceration to his forehead with resultant scarring. The scar remained prominent. The firm was retained sixteen years after the event.
Result: Jury Verdict of $167,000
Plaintiff was struck while turning left to enter the freeway. Defendant's employee ran a red light causing the accident resulting in fractures to the hip and ribs.
Result: Settlement for policy limits of $1 million
Fair Credit Reporting
Husband and wife brought suit against a major reporting bureau for Fair Credit Reporting Act violations arising out of tax liens that had been released by the Internal Revenue Service. The bureau continued to report the tax liens despite disputes requiring an investigation. The investigation failed to determine that the tax liens had been released and thus the bureau continued to report the tax liens as valid. The adverse credit report prevented purchases and refinancing and the loss of employment as well as severe emotional distress. Plaintiffs alleged lost income, damage to reputation, emotional distress, and lost opportunities.
Result: Verdict resulting in judgment of $1.2 million
Fair Credit Reporting
An action for recovery under the Fair Credit Reporting Act alleging that the Plaintiff's credit was impaired because of mistaken reporting of charges and debts owed by another person with a similar but not identical name. Plaintiff lost the opportunity to purchase a new home and suffered other damage.
Result: Settlement for $85,000
Negligent Care by Hospital Staff
Negligent care of a newborn at Lemoore Naval Air Station's hospital. Plaintiff was three days old when dropped in the nursery at the defendant's facility in Lemoore sustaining a skull fracture and
intracranial
bleeding. Discovery revealed that the orderly responsible for the infant's care had had one day of training provided by another orderly who himself had had only one day of training in the care of infants.
Result: Settlement of $2.8 million Wrongful Termination
Jury trial in which plaintiff was terminated from her “at will” employment. When seeking other employment and after obtaining new employment her former employer provided untrue and highly derogatory information and suggested that her new employer's hiring decision should be reconsidered.
Result: Jury Verdict of $200,000 Car Accident
Plaintiff sustained internal injuries and a severely broken wrist as a result of a car accident. Due to her injuries, she lost her longtime good-paying farm labor job which had medical benefits. Plaintiff obtained a settlement which compensated her not only for her medical bills and pain and suffering but also for the amount necessary to purchase health insurance on the open market.
Result: Settlement for $750,000 |