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Trials Digest
Trials Digest Chart

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).

Editors 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.