CALIFORNIA CASES

Land Purchase-Option

Verdict:  $128,610,000

Plaintiff entered into two option agreements with defendant McCarthy Family Farms to purchase 22,254 acres along with its water allocation, but defendant allegedly breached the contract by entering into a purchase agreement with defendant Sandridge Partners and, prior to the close of plaintiffs' escrow, sold the land to defendant Sandridge Partners (Grow Land and Water LLC v. McCarthy Family Farms Inc., Kings County Superior Court, Plaintiff Attorney:  C. Russell Georgeson).

Trademark Infringement

Verdict:  $30,000,000

Plaintiff alleged that when defendant was a start-up, defendant deliberately appropriated for itself the goodwill associated with plaintiff's established trademark (Neurovision Medical Products Inc. v. Nuvasive Inc., Central District Federal Court, Plaintiff Attorney:  Peter W. Ross).

Contractor Fraud

Verdict:  $23,151,889

Contractor allegedly took advantage of a disabled homeowner; the court granted equitable relief by rescinding the construction contract and ordering the quit-claim deed canceled; the jury awarded damages including $23M in punitives (Haworth v. Bouzaglou, Los Angeles County Superior Court, Plaintiff Attorney:  Joseph C. Girard).

Employee Misclassification

Decision:  $4,953,795

On behalf of a class of approximately 1,230 to 1,235 members, newspaper carriers disputed their independent contractor status (Espejo v. The Copely Press Inc., San Diego County Superior Court, Plaintiff Attorney:  Daniel J. Callahan).

Nightclub Attack

Verdict:  $5,420,000

Jury awarded $5.4M after nightclub employee reportedly sexually battered patron in restroom (Confidential v. Here Lounge, Los Angeles County Superior Court, Plaintiff Attorney:  John Taylor).

Lexus Not a Lemon

Verdict:  Defense

Defendant acknowledged that plaintiff had brought his leased 2011 Lexus LX 570 in on numerous occasions complaining of problems with the fuel system, air conditioning and seat cooling/heating, but contended that there was not a defect that substantially impaired the use, value or safety of the vehicle and plaintiff was not entitled to a repurchase under the Lemon Law (Pop v. Toyota Motor Sales USA Inc., Orange County Superior Court, Defense Attorney:  Sean D. Beatty).

Granite Stone Crush

Settlement:  $2,000,000

Man crushed by granite stones after A-frame failed; plaintiff sued the manufacturer and his employer which did not have workers' compensation insurance at the time of the incident (Rodriguez v. Tile & Marble Center Inc., Los Angeles County Superior Court, Plaintiff Attorney:  Andrew C. Bryman).

Hemiplegia

Verdict:  Defense

Plaintiff suffered a stroke, leaving him hemiplegic; defendant Velastegui contended that plaintiff was advised that there were indications that the patient should proceed with a renal angiogram, with possible angioplasty and stenting, but the plaintiff elected to have repeat ultrasounds in six months rather than undergo immediate treatment (Bennison v. Moore, MD; Velastegui, MD, Placer County Superior Court, Defense Attorney:  Barry Vogel).

Pretextual Termination

Verdict:  $12,304,359

Plaintiffs, unsworn police recruits who were injured while going through the Los Angeles Police Department Police Academy, alleged disability discrimination, failure to accommodate, and failure to engage in the interactive process (Atkins v. City of Los Angeles, Los Angeles County Superior Court, Plaintiff Attorney:  Matthew S. McNicholas).

Brain Injury

Settlement:  $5,700,000

Hospital allegedly failed to manage pregnant patient's respiratory issues resulting in hypoxic brain injury (Confidential v. Confidential, Los Angeles County Superior Court, Plaintiff Attorney:  Daniel M. Hodes).

Service Dog Suit

Settlement:  $300,000

San Francisco tenant allegedly evicted for having service dog (Confidential v. Gallina, San Francisco County Superior Court, Plaintiff Attorney:  Eric L. Lifschitz).

Loss of Taste

Verdict:  $472,294

Patient claimed dentist severed his lingual nerve during wisdom tooth extraction resulting in permanent loss of taste and sensation to the left anterior two-thirds of the tongue (Badalyan v. Mizrahi, Los Angeles County Superior Court, Plaintiff Attorney:  Steven B. Effres).

NATIONAL CASES

Improper EMT Response

Verdict:  $172,061,728

Plaintiffs alleged that failures by the city to properly respond to 911 call requesting help, and failures by the arriving EMTs to bring the proper and necessary equipment to treat resulted in severe brain damage (T.A., pro ami v. Emergency Medical Service; City of New York, New York  – Bronx County Supreme Court, Plaintiff Attorney:  Thomas A. Moore).

Carbon Monoxide Leak

Verdict:  $28,200,000
A 20-year-old college student reportedly suffered a traumatic brain injury with a diffuse toxic/hypoxic encephalopathic process resulting in cognitive dysfunction after she was allegedly exposed to carbon monoxide gas from a leaking furnace in her apartment (Lompe v. Sunridge Partners LLC; Apartment Management Consultants LLC, Wyoming – United States District Court, D.Wyo., Plaintiff Attorney:  Tyson E. Logan).

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.