CALIFORNIA CASES
Spine Twist
Verdict: $5,212,208
Plaintiff was descending a
ladder and reportedly stepped down into a hole in the concrete slab surface and
twisted his spine causing spinal injuries requiring laminectomy, discectomy and
fusion surgeries (Melanson v. S.J. Amoroso Inc., San Francisco County
Superior Court, Plaintiff Attorney: Allan M. Tabor).
Femur Fracture
Verdict: $1,633,622
Plaintiff contended the
defendant designed its theater with 48-inch-wide aisles but then constructed it
with 47-inch-wide aisles, which would not allow for a center hand rail under
the building code. Verdict reduced 58 percent for plaintiff's fault (Piazza v. AMC
Entertainment Inc., San Diego County Superior Court, Plaintiff Attorney:
Warren B. Treisman).
Car v. Car v. Ped
Verdict: $3,751,969
A left-turning vehicle which allegedly entered the intersection on a red light
hit another vehicle allegedly speeding causing the latter to lose control,
travel up the wheelchair apron, and strike the plaintiff, cyclist, who was
standing with his bicycle on the sidewalk. Jury found 100 percent liability against
the left-turning defendant (Bermudez v. Ciolek; Heacox, Orange County
Superior Court, Plaintiff Attorney: Robert B. Gibson).
ADA Violation
Settlement: $7,500
Plaintiff, a paraplegic man
who used a wheelchair, reportedly suffered violation of his civil rights,
embarrassment and emotional distress when he attempted to use a restaurant
restroom but was unable to do so because it could not accommodate his
wheelchair. Defendants agreed to complete corrective work on the property and
to pay $7,500 to settle the claims (Delson v. The Barron Egg Shop,
Northern District Federal Court, Plaintiff Attorney: Paul L. Rein).
Family Killed
Verdict: $150,750,000
In closing arguments, plaintiff asked for total damages in the sum of $130
million for the wrongful deaths of a mother, father, and two brothers. The
jury awarded an additional $20 million above and beyond what plaintiff had
requested (B.A. v. Ortiz, Los Angeles County Superior Court, Plaintiff
Attorney: Brian Brandt).
Post-Op Bleeding
Verdict: Defense
A patient alleged that defendant physician failed to consider his medications,
causing bleeding and anemia requiring transfusion. The defendant claimed it was
appropriate to evaluate plaintiff with a gastric mapping procedure, biopsies
were required, and it was within the standard of care to perform biopsies while
plaintiff remained on anticoagulation therapy (Confidential v. Confidential,
Los Angeles County Superior Court, Defense Attorney: Robert C. Reback).
Dietary Supplements
Settlement: $4,225,000
After several weeks of ingesting defendants' dietary supplement, Epio-Plex,
plaintiff allegedly developed acute liver and kidney failure and underwent
combined liver and kidney transplant surgery at John Hopkins Medical Center in
Baltimore (Lineberger v. Max Muscle Marketing, Orange County Superior
Court, Plaintiff Attorney: Thomas M. Moore).
Dangerous Design/Condition
Settlement: $1,490,000
Plaintiff alleged that driver error and a dangerous design and condition of a
drive-through entrance used for drop-off and pick-up of dry cleaning caused a
fatality (Horton v. Mulligan; Casa De Oro Dry Cleaner's; Moon; Ray, San
Diego County Superior Court, Plaintiff Attorney: Daniel S. Rosenberg).
Ankle Fracture
Verdict: $1,371,225
Plaintiff alleged that the successor-in-interest to the general contractor and
subcontractor who had poured and created the sidewalk in question was
responsible for her fall because the sidewalk area violated the Uniform
Building Code. Defendant contended plaintiff and plaintiff's employer bore
responsibility and denied the extent of plaintiff's injuries (Kolbe v.
Balfour Beatty Construction LLC, Santa Clara County Superior Court,
Plaintiff Attorney: Andrew C. Bryman).
Car v. Peds
Settlement: $1,200,000
Plaintiff Lee settled for $1,100,000 for blunt force trauma to her head with
bleeding of the brain, a collapsed right lung, a left femur fracture, a
lacerated liver, a rib fracture and emotional distress; plaintiff Shin settled
for $100,000 for a nose fracture, sore legs, and emotional distress from his
injuries and from witnessing his mother being severely injured (Lee; Shin v.
Desouza, Alameda County Superior Court, Plaintiff Attorney: Jim Larsen).
Police Officer Mistreatment
Settlement: $400,000
A female reserve officer alleged failure to pay wages, infliction of emotional
distress, sexual harassment, discrimination and retaliation. Settlement for
$400,000 and plaintiff became a full-time police officer with defendant (Greenwalt
v. Twin Rivers Unified School District, Sacramento County Superior Court,
Plaintiff Attorney: Mary-Alice Coleman).
House Fire
Decision: Defense
Plaintiff insurer alleged strict product liability against defendant claiming that
a scheduled shut off and re-energizing of the area by defendant caused the
insured’s house fire; defendant contended there were many potential causes for
electrical problems in the home, all of which were more likely explanations for
the fire than a power surge caused by defendant (Allstate Ins. Co. v.
Southern California Edison Co., Los Angeles County Superior Court, Defense
Attorney: Patricia A. Cirucci).
NATIONAL CASES
Asbestos Bystander Exposure
Verdict: $27,515,000
An adult plaintiff was
diagnosed with pleural mesothelioma allegedly due to exposure from asbestos
dust from the work clothing of his father from products manufactured by defendant;
a jury determined the defendant was 60 percent at fault and non-party defendant Eaton
Corp. was 40 percent at fault (Panza v. Kelsey-Hayes Company, Ohio - Cuyahoga
County Court of Common Pleas , Plaintiff Attorney: Gary M. Paul).
Tire Blow Out
Verdict: $16,520,000
Plaintiff alleged that defendant Michelin North America Inc. defectively
designed and manufactured a tire that failed on a 15-passenger van, resulting
in a death; jury allocated 80 percent of the fault to defendant Michelin and allocated
the other 20 percent to the van driver. The judge reduced the recovery from defendant
Michelin to $6,891,000 (Chhetri v. Michelin North America, Georgia – DeKalb
County State Court, Plaintiff Attorney: Jeffrey R. Harris).
Editor’s Note: California Bar Journal publishes this abbreviated summary of important trials provided by Trials Digest. To report your case results, go to west.thomson.com/trialsdigest/form.aspx or call 415-344-3952.