CALIFORNIA CASES
ADA Claim
Verdict: Defense
A hearing-impaired
instructional aide alleged discrimination, retaliation, and constructive
discharge by her employer for not providing her with an ASL certified
interpreter; unanimous special verdict for the defendant, a not-for-profit
disability organization (U.S. E.E.O.C. v. Placer ARC, Eastern District
Federal Court, defense attorneys: Robert L. Rediger, Candice K. Rediger).
Lab Report Not Faxed
Verdict: $1,795,751
Medical facility's
pathology lab failed to fax a report to treating surgeons resulting in
infection relapse (Auble v. Chapman Medical Center, Orange County
Superior Court, plaintiff attorneys: John S. Hinman, Andrew T. Ryan).
Blindness
Settlement: $1,600,000
Emergency room patient had
three sepsis triggers plus defendants failed to note that he had no spleen;
defendant did not treat him for sepsis which led to permanent bilateral
blindness (Confidential v. Confidential, Sacramento County Superior
Court, plaintiff attorneys: Moseley C. Collins, III, Thomas Minder).
Race Discrimination Claim
Verdict: Defense
A unanimous jury rejected
plaintiff firefighter's claims that co-workers and supervisors harassed him
because of his race; the jury also rejected plaintiff's claim that he received
corrective discipline in retaliation for having complained of the alleged
conduct (Curtis v. City of Oakland, Northern District Federal Court, defense attorneys: Madelyn G. Jordan-Davis, C. Christine Maloney).
Asbestos
Verdict: $6,951,265
Former railroad worker allegedly
died from asbestos-caused mesothelioma (Emerson v. Union Pacific Railroad
Company, Alameda County Superior Court, plaintiff attorneys: Joseph D.
Satterley, Ryan Harris, Denise Abrams).
Bad Faith Claim
Verdict: Defense
Insurer successfully
defended bad faith claims involving rear-end motor vehicle accident (Woods
v. Mid-Century Insurance Company, Napa County Superior Court, defense attorney:
John R. Brydon).
Age/Gender Discrimination
Verdict: $4,750,000
Female plaintiff, 61,
allegedly terminated due to age, gender and opposition to age, gender
discrimination (Anderton v. Bass Underwriters Inc., Sacramento County
Superior Court, plaintiff attorneys: Mark P. Velez, Kelsey A. Webber).
Foot Drop
Verdict: Defense
Jury found in favor of
defendant spine surgeon on claims that plaintiff's back surgery caused an
ongoing right foot drop, various orthopedic injuries sustained due to falls
caused by her right foot drop, and complex regional pain syndrome in her lower
right leg (Amoroso v. Pradhan, Los Angeles County Superior Court, defense attorney: Raymond R. Moore).
Cosmetic Eye Surgery
Settlement: $665,000
Patient reportedly suffered
disabling pain and limbal stem deficiency following a cosmetic eye procedure to
remove brown spots from her eyes (Confidential v. Confidential, Los
Angeles County Superior Court, plaintiff attorneys: Carl A. McMahan, John W.
Shaller).
Wet Roadway
Verdict: Defense
Plaintiff claimed over $6 million
in damages and that defendant State of California DOT failed to warn of water
on SR 127 which allegedly caused her to lose control and overturn multiple
times (Dade v. State of California, San Bernardino County Superior
Court, defense attorneys: Ruth W. Yeager, Yuan Chang).
NATIONAL CASES
Brain Damage
Verdict: $9,189,791
Defendant admitted
liability for a motor vehicle accident, but disputed the extent of adult female
plaintiff's brain damage and her minor son plaintiff's post-traumatic stress
syndrome (Hogland v. Town & Country Grocer of Fredericktown, Missouri,
Inc., Arkansas – U.S.D.C.,E.D.Ark., plaintiff attorneys: Roger A. Dreyer,
Brett A. McDaniel).
Eminent Domain
Verdict: $1,200,000
A jury determined that
defendant shopping center owner was entitled to $1.2 million as just compensation
for the permanent taking of 40 parking spaces. temporary loss of 50 parking
spaces, plus loss of driveway access (North Carolina Dep't of Transp. v.
Carmine L.L.C., North Carolina – New Hanover County Superior Court, defense attorneys: George B. Autry Jr., Stephanie H. Autry).
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.