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Trials Digest

Trials Digest Chart

Motorcycle v. tractor-trailer

Settlement: $5,000,000

A 40-year-old motorcyclist was severely injured in a collision with a tractor-trailer that turned left in front of her at an uncontrolled intersection (Edwards v. Johnson, Solano County Superior Court, Plaintiff's attorney: Richard M. Jacobson).

Off-label marketing

Settlement: $68,500,000

A drug company was sued by a group of state attorneys general for actively promoting the off-label use of a drug and withholding information concerning negative side effects (People of the State of California v. AstraZeneca Pharmaceuticals LP, San Diego County Superior Court, Plaintiff's attorney: Kamala D. Harris).

Pesticide contamination

Verdict: $1,000,000

An organic farmer’s crops were damaged by pesticide drift from a neighboring farm that flouted spraying regulations (Jacobs Farm/Del Cabo Inc. v. Western Farm Service Inc., Santa Cruz County Superior Court, Plaintiff's attorney: Austin B. Comstock).

Prescriptions mix-up

Verdict: Defense

A patient who picked up two prescriptions at a pharmacy and was inadvertently given four additional prescriptions intended for another patient with the same last name alleged that he was injured as a result of taking all six prescriptions (Taylor v. Thrifty Payless Inc., Los Angeles County Superior Court, Defense attorney: Kevin T. Dunbar).

Rollover fatality

Verdict: $14,465,864

A husband and wife, both 40, were killed when a tire blow-out caused their Ford van to roll over, leaving behind three minor children (Jones v. Mossy Ford Inc., San Diego County Superior Court, Plaintiff's attorney: Robert A. Buccola).

E.coli contamination

Settlement: $950,000

A boy sustained permanent neurological impairment after eating a hamburger at a museum that was contaminated with E.coli (McCandless v. Richwood Meat Co. Inc., Santa Clara County Superior Court, Plaintiff's attorney: Geoffrey A. Mires).

Bad faith

Verdict: $4,200,000

A dental hygienist claimed that her insurance carrier terminated her disability benefits despite overwhelming evidence that she could no longer perform the duties of her occupation (Kieffer v. Unum Life Insurance, Los Angeles County Superior Court, Plaintiff's attorney: Mark T. Quigley).

Fatal collision

Settlement: $1,015,000

A 62-year-old husband and father was killed in a three-vehicle collision allegedly caused by the negligence of a driver in the course and scope of his employment (Confidential v. Murrieta, Orange County Superior Court, Plaintiff's attorney: Darren O. Aitken).

Fall from roof

Settlement: $1,475,000

An 11-year-old boy was on the rooftop of an apartment building when he lost his footing and fell 40 feet to a concrete floor below (Bradley v. S.M. ELS LLC, Los Angeles County Superior Court, Plaintiff's attorney: Patrick G. Vastano).

Tow truck v. Kia

Verdict: Defense

The family of a 74-year-old man who was injured in a collision with a tow truck alleged that the man’s death two-and-a-half years later was a result of the accident (Duncan v. Antelope Valley Towing Inc., Los Angeles County Superior Court, Defense attorney: Stephen C. Pasarow).

Construction accident

Verdict: $890,804

A worker at a housing construction site was struck on the head by a heavy piece of drywall thrown from the second floor of one of the houses under construction (Papale v. Ultra-Wall Inc., Riverside County Superior Court, Plaintiff's attorney: Timothy W. Peach).

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.