CALIFORNIA CASES
Credit Destroyed
Verdict: $430,000
Creditor refused to clear
false account of identity theft victim (Kim v. BMW Financial NA L.L.C., Central
District Federal Court, plaintiff attorney: Robert F. Brennan).
Taxi Hits Pedestrian
Verdict: $1,325,000
A 61-year-old male
handyman reportedly suffered a comminuted pelvic fracture, a level 6 tibial
plateau fracture and a subdural hematoma when he was crossing the street in a
crosswalk and was struck by defendant taxicab (Oliverio v. Yellow Cab
Cooperative Inc., San Francisco County Superior Court, plaintiff attorneys: Joseph P. Brent, R. Wesley Pratt).
Cerebral Palsy
Settlement: $9,852,805
Delayed C-section blamed
for cerebral palsy injury (I.P. v. United States of America, Eastern
District Federal Court, plaintiff attorney: Bruce G. Fagel).
Diabetic Seizure Crash
Settlement: $8,944,640
Diabetic driver suffered
seizure, caused head-on collision (Labra v. Boltz, Solano County
Superior Court, plaintiff attorney: Michael L. Kelly).
Cal/OSHA Claim
Verdict: Defense
Equipment inspector
sustained arm injury in fall, claimed Cal/OSHA violations (Richards v.
Peterson Tractor Co., Shasta County Superior Court, defense attorney: Mark
A. Goodman).
Police Vehicle Crash
Verdict: $3,000,000
Deputy sheriff's vehicle
struck and killed a man on the freeway; County found 40 percent at fault or $1.2 million (J.H.
v. County of Los Angeles, Los Angeles County Superior Court, plaintiff attorneys: Bruce A. Broillet, Alan Van Gelder).
Wrongful Death Claim
Verdict: Defense
Elderly woman's family
brought wrongful death, malpractice claims (Ramos v. Kindred Hospital, Sacramento
County Superior Court, defense attorney: Barry Vogel).
Gov't Code Sec. 12940(h)
Decision: $315,295
School police dispatcher
fired after reporting sexual harassment (Berdnik v. Fontana Unified School
District, San Bernardino County Superior Court, plaintiff attorneys: Brian
G. Hannemann, Joshua Milon, Angel D. Pluas).
Retaliation Claim
Verdict: Defense
Nurse alleged her
termination was the result of whistleblower retaliation (Sanders v. County
of Los Angeles, Los Angeles County Superior Court, defense attorney: David
J. Weiss).
Dog Attack
Settlement: $300,000
Neighbor's dog jumps fence,
attacked child in grandmother's backyard; $210K for grandchild and $90K for
grandmother who witnessed the attack (A.F. v. Sotelo, Fresno County
Superior Court, plaintiff attorney: Douglas L. Gordon).
NATIONAL CASES
Knee Injuries
Verdict: $2,225,000
Plaintiff claimed
defendants' tractor-trailer failed to stop at a stop sign, collided with
plaintiff's vehicle, and caused plaintiff substantial knee injuries (Waldrop
v. Golden Coastline Logistics, Manuel Ponce, Individually and d/b/a Golden
Coastline Logistics, and Carolina Casualty Insurance Company, Georgia – U.S.D.C.,
N.D.Ga., plaintiff attorneys: Peter A. Law, E. Michael Moran).
Malignant Mesothelioma
Verdict: $6,000,000
Plaintiff suffered
asbestos-related malignant mesothelioma allegedly through by-stander exposure
due to his father's work as builder and remodeler, and through his own work as
a construction laborer and a self-employed contractor (Galier v. Murco Wall
Products Inc.; Red Devil Inc.; Welco Manufacturing Co., Oklahoma – Oklahoma
County District Court, plaintiff attorneys: Steven T. Horton, Brent Neighbors,
Benjamin Braly).
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.