Trials Digest

Trials Digest Chart

Asbestos

Verdict: $13,227,939

An electrician working in the U.S. Coast Guard alleged products liability after he was diagnosed with mesothelioma after being exposed to asbestos from defectively designed joint compounds (Desin v. Kaiser Gypsum Company Inc., San Francisco County Superior Court, Plaintiff's attorney: Gilbert Purcell).

Falling Railing

Settlement: $1,290,000

A foreman working in a new construction high rise building alleged negligence when he was struck in the back of his head by a railing that fell from 13 floors above, causing him to miss work for six months (Miller v. Conco, Los Angeles County Superior Court, Plaintiff’s attorney: Casey R. Johnson).

Disc Injury

Verdict: $974,628

A woman claimed negligence in maintaining a property when she fell through an unsafe door during a realtor’s tour of the property, resulting in a disc injury (Wilson v. SC Property Management, San Mateo County Superior Court, Plaintiff’s attorney: Chantel L. Fitting).

Amputated Foot

Settlement: $2,050,000

A man performing construction work on a highway alleged negligence when a dump truck crushed his foot, resulting in its amputation (Jimenez v. Dolan Trucking Inc., Mendocino County Superior Court, Plaintiff’s attorney: R. Lewis Van Blois).

Falling Tree Limb

Verdict: $3,840,791

A woman driving on a freeway was impaled by a 500-pound eucalyptus tree limb when it broke loose and crushed the roof of her car, ultimately resulting in her death (Fellini v. Prometheus Real Estate Group Inc., San Mateo County Superior Court, Plaintiff’s attorney: Michael A. Farbstein).

Eyeball Injury

Verdict: Defense

A woman claimed products liability when a glass bottle she was handling sustained a hard impact and broke, resulting in a 1-cm laceration to her cornea (DeLong v. Raley’s and Lorina Inc., Sacramento County Superior Court, Defense attorney: Richard Jacobson).

Failure to Diagnose

Verdict: Defense

A woman claimed medical malpractice against her primary care physician when her doctor allegedly failed to diagnose her for Stage IV colorectal cancer (Jenkins v. Allsup, Los Angeles County Superior Court, Defense attorney: Yuk K. Law).

Construction Accident

Verdict: $8,328,591

A man operating the hoist of an elevator shaft fell 50 feet, traumatically amputating his right arm as a result of a construction manufacturer’s negligence (Krammerer v. Allmak Hek, San Francisco County Superior Court, Plaintiff’s attorney: Michael A. Kelly).

Conspiracy

Verdict: $457,500

A man claimed conspiracy and intentional infliction of emotional distress after he was falsely arrested by a sheriff’s deputy who was having an extramarital affair with his wife (Gutierrez v. Solano, Central District Federal Court, Plaintiff’s attorney: Arnoldo Casillas and Gregory W. Moreno).

Wrongful Death

Decision: Defense

A 7-year-old driving a commercial utility cart with a 10-year-old passenger struck an 11-year-old riding a small motorbike, crushing his chest, collapsing his lungs, which ultimately resulted in his death (Pereyra v. Jiminez, San Diego County Superior Court, Defense attorney: Kenneth H. Stone).

Inverse Condemnation

Verdict: $5,053,548

A fashion photographer that stored several computers and backup hard drives of his work on the ground floor of his premises alleged inverse condemnation when a sewage backage destroyed his property (Nisevic v. Safeco Insurance Company, Los Angeles County Superior Court, Plaintiff’s attorney: John Torbett).

Editors Note: California Bar Journal publishes this abbreviated summary of important trials in California provided by Trials Digest. To report your case results, go to west.thomson.com/trialsdigest/form.aspx or call 415-344-3952.