CALIFORNIA CASES
Intentional Dog Attack
Settlement: $466,000
Woman claimed that her
ex-fiancé ordered his Rottweiler to attack her during a reconciliation attempt, causing
significant injuries to her face, arms and hands (Montgomery v. DeMeo,
Contra Costa County Superior Court, Plaintiff attorney: Kevin J. Hermanson).
Habitability Violations
Settlement: $220,000
Tenants claimed that their
rental property had water leaks, flooding, mold, and a rat infestation, and
ultimately were constructively evicted (Lipot v. Kinawy, Orange County
Superior Court, Plaintiff attorney: Jonathan D. Winters).
Investment Fraud
Verdict: $4,887,930
Defendant allegedly misrepresented
the value of property pledged as security for a $3.5 million dollar loan before
defaulting on his payments (Curti v. RCP Partners LLC, Stanislaus County
Superior Court, Plaintiff attorney: Walter W. Whelan).
Pedestrian Hit By Bus
Settlement: $20,452,502
Plaintiff alleged that negligent
driving and a dangerous bus stop caused the accident that resulted in one leg
being amputated, sensate paralysis in the other leg, pelvic fractures and
over $5 million in medical damages (Lee v. Alameda-Contra Costa Transit District,
Alameda County Superior Court, Plaintiff attorney: Luke Ellis).
Age Discrimination
Verdict: $3,707,370
A promotional examination
for the position of H-20 lieutenant was allegedly discriminatorily administered
to and disparately impacted firefighters over the age of 40 (Danner v. City
and County of San Francisco, San Francisco County Superior Court, Plaintiff
attorney: Murlene J. Randle).
Prop 65 Warnings
Verdict: Defense
Plaintiff’s consumer
protection claim was preempted by a federal law that does not require Prop 65
warnings labels on products containing naturally occurring lead because they
were below the regulatory level (Environmental Law Foundation v. Beech-Nut
Nutrition Corp., Alameda County Superior Court, Defense attorney: Michele
B. Corash).
Shopping Slip-and-fall
Settlement: $1,250,000
After slipping on water
that had leaked from a nearby cooler, plaintiff underwent arthroscopic knee
surgery and was diagnosed with complex regional pain syndrome (Carranza v.
Ralphs Grocery Co., Los Angeles County Superior Court, Plaintiff attorney: James
P. Carr).
Dust Storm Accident
Settlement: $1,500,000
Plaintiffs sought $23
million in damages for the death of a husband/father and brain injury to a
young son – defendant TCI reached a settlement for $1.5 million (Allstate Insurance
Company v. TCI Leasing, Kern County Superior Court, Defense attorney: Barry
Clifford Snyder).
Post-surgery Paralysis
Verdict: Defense
A jury found that
defendants were not negligent in the care and treatment of plaintiff’s spinal
tumor, despite plaintiff’s paralysis post-surgery (Zameni v. Aminian,
Orange County Superior Court, Defense attorney: Margaret M. Holm).
Drive-by Shooting
Settlement: $600,000
Plaintiff was hit in the
eye by a pellet shot from an air-powered gun requiring surgical removal and
resulting in partial blindness (Spalinger v. Longyear, Ventura County
Superior Court, Plaintiff attorney: P. Christopher Ardalan).
Medical Malpractice
Verdict: $12,357,587
Plaintiff, a then
19-year-old patient, alleged that multiple defendant hospitals and physicians failed
to diagnose and treat him for a stroke causing brain damage, quadriparesis, and
aphasia (Myrick v. Catholic Healthcare West, San Francisco County Superior
Court, Plaintiff attorney: Michael A. Kelly).
Bike Helmet Suit
Verdict: Defense
Plaintiff alleged that defendant
negligently designed a defective helmet that caused him to suffer skull and
brain damage after falling off his bike (Sohn v. Easton-Bell Sports, Inc., Los
Angeles County Superior Court, Defense attorney: James J. Yukevich).
NATIONAL CASES
Intoxicated Off-Duty Officer
Verdict: $3,250,000
Jury awarded $3.25 million in
punitive damages against defendant driver, an off-duty police officer, who was
allegedly intoxicated and driving nearly 100 mph when he collided with decedent
– plus $37 millon on a default claim for dram shop liability against another defendant (Rush v. Kendrick, Alabama - Jefferson County Circuit Court, Plaintiff attorney: D. Leon Ashford).
Education Fraud
Verdict: $13,027,677
Plaintiff student who was enrolled in a
medical program at defendant school alleged that the school's admissions
coordinator made false representations as to earning transferable nursing
credits (Kerr v. Vatterott Educational
Centers Inc., Missouri – Jackson County Circuit Court, Plaintiff attorney: Martin
M. Meyers).
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.