CALIFORNIA CASES
Pregnancy Discrimination
Verdict: $185,872,720
Plaintiff alleged
discrimination and harassment based on her pregnancy and gender, as well as
retaliation, wrongful termination, and failure to prevent discrimination and
harassment; a jury found for the plaintiff on all claims and awarded her
$393,760 in back pay, $228,960 in front pay, $250,000 for pain and suffering
and $185,000,000 in punitive damages (Juarez v. AutoZone Stores Inc.,
Southern District Federal Court, plaintiff attorneys: Lawrance A. Bohm/Charles
E. Moore).
L1 Burst Fracture
Verdict: $15,313,703
Passenger suffered an L1
fracture when defendant's bus sped over a speed bump; jury agreed with argument
that to the extent plaintiff's pain and problems subjectively were greater than
those experienced by most, they were nevertheless real to plaintiff (Francisco
v. Alameda-Contra Costa Transit District, Alameda County Superior Court, plaintiff attorney: Brian J. Panish).
Childbirth Injury
Settlement: $5,000,000
An infant reportedly
suffered severe brain damage from hypoxia at birth, which manifested as
profound cognitive deficits, significant intellectual deficits, developmental
delays and severe language delays, requiring special education, behavioral
therapy and speech therapy and resulting a permanent disability during her
C-section birth performed at defendant hospital (H.F. v. Community Memorial
Health System, Ventura County Superior Court, plaintiff attorney: Eduardo
J. Ascencio).
Pothole Accident
Settlement: $3,250,000
A bicyclist claimed that a
street was covered in potholes, which caused her to fall off of her bike and
sustain injuries to her face, head, jaw and teeth (Bower v. City of Oakland, Alameda County Superior Court, plaintiff attorney: Carter M. Zinn).
Motorcyclist Fatality
Settlement: $1,000,000
A 2003 Jaguar S-type driven by a 98-year-old defendant allegedly made a left
turn suddenly and without warning in front of
decedent motercyclist who was proceeding straight through the intersection on a green
traffic signal (Alaniz v. Braathen, Los Angeles County Superior
Court, plaintiff attorney: Michael A. Penn).
Age Discrimination
Verdict: $323,600
The plaintiff, who formerly worked for the defendants as a convenience store
manager for 19 years, claimed when a new district manager was hired, he
asserted false allegations against her as a pretext for terminating her
employment due to her age (Turina v. Pacific Convenience & Fuels, Contra
Costa County Superior Court, plaintiff attorney: M. Greg Mullanax).
Femur Fracture
Settlement: $300,000
Plaintiff suffered a femur
fracture requiring open reduction internal fixation surgery plus second surgery
to remove hardware (Doyle v. Unknown, Los Angeles County Superior Court, plaintiff attorney: Abram Charles Zukor).
Uninhabitability
Settlement: $271,000
Tenants claim landlord's
failure to properly fix leak caused mold issues causing one plaintiff to be
highly sensitized to mold and ultimately forcing the family to abandon their
affordable home and relocate (Hayes v. Pham, San Francisco County
Superior Court, plaintiff attorney: Eric L. Lifschitz).
Wage/Break Violations
Settlement: $250,000
Plaintiffs, waitresses,
filed a claim for unpaid minimum wages, overtime wages, unprovided meal and
rest breaks and inaccurate wage statements against defendants (Jin v. Gaju
Tofu & BBQ Inc., Los Angeles County Superior Court, plaintiff attorney: Mark Fang).
Brain Damage
Settlement: $4,500,000
An adult male computer
systems administrator reportedly suffered a skull fracture causing trauma and
hemorrhaging in his brain, fractured vertebra in his neck, a fracture to his
facial orbital bone and violations of his civil rights as a result of being
struck by a bean bag shot from a high-powered rifle by a police officer
employed by defendant (Olsen v. City of Oakland, Northern District
Federal Court, plaintiff attorney: Mark W. Martel).
NATIONAL CASES
20-Foot Fall
Verdict: $62,060,086
A construction worker
suffered significant personal injuries including traumatic brain injury when he
fell 20 feet from the roof of building; plaintiff claimed defendant owner and
defendant general contractor failed to provide him with proper protective
equipment (Lin v. Hutch Realty Partners, LLC and Gamut Consulting, Inc., New
York – Queens County Supreme Court, plaintiff attorney: Benedict P. Morelli).
Murder
Verdict: $124,260,000
While wrapping Christmas presents, decedent was bludgeoned to death with a
metal exercise bar by her estranged husband, a University of Pennsylvania
economics instructor, who wanted to protect his substantial assets and did not want
decedent to leave him (Estate of Robb v. Robb, Pennsylvania – Montgomery
County Court of Pleas, plaintiff attorney: Robert J. Mongeluzzi).
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.