CALIFORNIA CASES
Elliptical Exercise Bicycle
Settlement: $1,300,000
Investor obtained $1.3 million
settlement against four individuals after suing five businesses and their
officers, directors and managers for breach of contract, fraud and other claims
related to producing, marketing and selling the StreetStrider elliptical
exercise bicycle (Fletcher v. HPN Holdings Inc., Fresno County Superior
Court, plaintiff attorneys: Bonnie J. Anderson/Karen L. Lynch).
Inadequate Security
Settlement: $750,000
Plaintiff claimed
defendants, an apartment complex owner and security management company, failed
to provide adequate security following the eviction of some tenants which led
to the slaying of innocent victims, including plaintiff's adult son; decedent's
infant son was represented by other counsel and that case settled for an
additional $500,000 (Mobley v. Chen, Sacramento County Superior Court, plaintiff attorney: John Gary Gwilliam).
Trip-and-Fall
Verdict: Defense
Plaintiff, a 76-year-old
woman, reportedly tripped and fell on a raised portion of sidewalk and alleged
defendant was negligent for not reporting to defendant City of San Diego the
raised edge of concrete on a public sidewalk; plaintiff settled before trial
with the City of San Diego and Ballpark Village L.L.C. for $300,000 (Carlson
v. Shoreline Land Care, San Diego County Superior Court, defense attorney:
Thomas G. Wianecki).
In-Law Unit Habitability
Settlement: $250,000
Plaintiff, a 25-year
tenant, alleged defendant knowingly rented plaintiff an unpermitted and
substandard unit and refused to make proper repairs, depriving plaintiff of the
opportunity to rent a lawful unit for years as the market rate rent increased; tenant also
claimed personal injuries due to his exposure to surface and airborne
contaminants, including difficulty breathing and allergic rhinitis (Alvarenga
v. Thai, San Francisco County Superior Court, plaintiff attorney: Eric L.
Lifschitz).
Renal Biopsy Death
Verdict: Defense
Patient bled to death following renal biopsy procedure; plaintiff's sole
contention as to defendant Hadaya was that there was no reason to order the
biopsy at issue; defendant Hadaya contended that the order for the renal biopsy
was reasonable under the circumstances; other defendants settled for $204,500 (L.W.
v. Hadaya, Los Angeles County Superior Court, defense attorney: Robert
B. Packer).
Policy Limits
Settlement: $500,000
Plaintiff claimed that
defendant admitted falling asleep while driving; preexisting degenerative changes
in plaintiff's neck were exacerbated by the accident, which resulted in
cervical surgery (Kim v. Suh, Los Angeles County Superior Court,
Plaintiff Attorney: Daniel Hoffman).
Spinal Compression Fractures
Verdict: $458,871
Defendant contended that,
in accordance with the finding in the traffic collision report, plaintiff
motorcyclist was 100 percent at fault and cut off defendant's SUV, thereby
causing the collision; the jury found defendant 100 percent at fault (Hughes
v. Kalsman, Los Angeles County Superior Court, plaintiff attorneys: J.
Derek Pakiz/Neil J. Berry).
Hospital Fall
Settlement: $485,000
A 79-year-old patient's fall
at the hospital resulted in T-spine compression fracture requiring surgery; plaintiff
claimed defendant's nurses did an incomplete fall risk assessment and otherwise
failed to treat plaintiff as a patient at high risk for fall (Confidential
v. Confidential , Orange County Superior Court, plaintiff attorney: Daniel
M. Hodes).
Alleged Dog Attack
Settlement: $15,000
Plaintiff alleged that
defendants' dog bit her hands, arms and legs and she sustained further trauma
when the dog knocked her to the ground, trampling her breasts and causing her
head to strike the pavement; defendants contended plaintiff's entire story of
being attacked, trampled, knocked to the ground and bitten was not supported by
plaintiff's medical records (Brown v. Jones, Riverside County Superior
Court, defense attorney: Robert W. Armstrong).
Discrimination/Retaliation
Verdict: $2,059,708
Plaintiff, a former assistant chief investigator, brought action against the County of San
Joaquin District Attorney's Office for gender discrimination, retaliation and
failure to prevent discrimination and retaliation; the jury found for the
plaintiff on her retaliation claim, but found for the defendant on the gender
discrimination claim (Trulsson v. County of San Joaquin District Attorney's
Office, Eastern District Federal Court, Plaintiff Attorney: Jill P. Telfer).
NATIONAL CASES
Gynecologist Misconduct
Settlement: $190,000,000
A gynecologist allegedly
used hidden surveillance cameras to secretly videotape and photograph patients
during his employment by The Johns Hopkins Hospital; a class-action lawsuit was
filed by more than 1,100 Doe and Roe individuals against The Johns Hopkins
Hospital and other defendants for physical pain, emotional anguish, fear,
anxiety, humiliation, embarrassment, and permanent disability (Doe v. The
Johns Hopkins Hosp., Maryland – Baltimore City Circuit Court, plaintiff attorney: Jonathan Schochor).
Motorcyclist Fatality
Verdict: $50,000,000
A motorcyclist was struck and killed by a left-turning motorist; plaintiff
estate contended that defendant failed to yield the right-of-way, drove without
a valid license and disregarded a red traffic light at a high rate of speed; the
jury awarded $20 million in actual damages and $30 million in punitive damages (Bales
v. Martinez, South Carolina – Charleston County Common Pleas Court, plaintiff attorney: Akim A. Anastopoulo).