Share

Share this on Twitter Share this on Facebook Share this on Linked In Share this by Email
 
Trials Digest

Trials Digest summary

Elder abuse

Verdict: $29,100,000
Elderly resident of a nursing home died as a result of a fractured hip and infected bedsore, caused by understaffing and neglect (Tanner v. Horizon West Inc., Sacramento County Superior Court, Plaintiff attorney: Jay P. Renneisen).

Suburban rollover

Verdict: $19,671,056
An SUV carrying a husband and wife and five minor children was rear-ended on a freeway, causing it to spin out of control and roll over, resulting in serious injuries, including the amputation of a child’s arm (Gomez v. General Motors Corp. (Riverside County Superior Court, Plaintiff attorney: Gregory W. Moreno).

Informed consent

Verdict: Defense
Father of a premature infant alleged that the surgery performed on his child to correct large bilateral hernias resulted in severe neurological deficits and was done without his informed consent (Rivas v. Children’s Hospital of Los Angeles, Los Angeles County Superior Court, Defense attorney: N. Denise Taylor).

Vineyard fatality

Settlement: $1,450,000
Forty-eight-year-old vineyard worked died as a result of his clothing becoming entangled in a pump shaft (Eufracio v. Davidson, Lake County Superior Court, Plaintiff attorney: Robert C. Petersen).

Trademark infringement

Verdict: $2,702,962
Acting class business sued a competitor for improper use of its marks (Buica v. Talent Ventures of California Inc., Los Angeles County Superior Court, Plaintiff attorney: Lincoln D. Bandlow).

Bowel perforation

Settlement: $250,000
During laparoscopic biopsy of an ovarian mass, a surgeon allegedly mistook colonic diverticula for an ovary, necessitating surgical repair (Confidential v. Confidential, Orange County Superior Court, Plaintiff attorney: Daniel M. Hodes).

Fatal collision

Settlement: $3,100,000
Man and step-daughter killed, wife and son injured, when a member of the Coast Guard on active duty crossed over a double-yellow line and struck their vehicle at a high rate of speed (Wyckoff v. United States of America, Northern District Federal Court, Plaintiff attorney: Jonathan E. Gertler).

Special education

Settlement: $80,000
Parents of a child with learning disabilities sued a school district for failing to provide her with a free, appropriate public education (Confidential v. St. Helena Unified School District, Northern District Federal Court, Plaintiff attorney: Mandy G. Leigh).

Accidental shooting

Settlement: $750,000
Eighteen-year-old man was examining a 9 mm semi-automatic pistol owned by a friend when a third man accidentally discharged the pistol, striking plaintiff in the hand (Gernert v. Zangwill, Los Angeles County Superior Court, Plaintiff attorney: Philip Treacy).

Foot surgery

Verdict: Defense
Patient with swollen, painful foot alleged his podiatrist performed surgery that was below the standard of care (Hollander v. Kim, Los Angeles County Superior Court, Defense attorney: Raymond L. Blessey).

Medical malpractice

Settlement: $400,000
Victim of a motorcycle accident alleged his orthopedic surgeon negligently performed surgery on his fractured hip (Confidential v. Confidential, Orange County Superior Court, Plaintiff attorney: Kevin G. Liebeck).

CORRECTION:

In the June issue, the summary of Kuhn v. International Riding Helmets Inc., a Contra Costa County case involving an equestrienne’s defective helmet, incorrectly stated that John J. Ruprecht was the defense attorney. In fact, Ruprecht represented the plaintiff.

Editor's 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.