Deceptive Practices

Decision: $478,919,765

Infomercial producers were found liable to the Federal Trade Commission for engaging in deceptive acts and practices by falsely advertising their product and services to consumers (Federal Trade Commission v. John Beck Amazing Profits LLC, Central District Federal Court, Plaintiff’s attorney:, Willard K. Tom).

Electrified Water Lines

Verdict: $4,050,000

A woman alleged negligence, intentional infliction of emotional distress and nuisance after suffering nerve damage resulting from stray electrical currents running through her property (Wilson v. Southern California Edison Company, Los Angeles County Superior Court, Plaintiff’s attorney: Lars C. Johnson).

Brain Bleeds

Settlement: $3,100,000

A man riding his Vespa suffered head trauma, multiple brain bleeds, a right hip fracture, torn right knee ACL, temporary paralysis, and retrograde and anterograde amnesia after he was struck by a van that failed to yield when making a left turn (Brinkmann v. Martinez, Santa Barbara County Superior Court, Plaintiff’s attorney: Wayne McClean).

Plastic Surgery

Verdict: Defense

A woman alleged negligence and abandonment against her plastic surgeon when she began experiencing infections, suture failure and implant deflations after surgery (Del Carlo v. Li, Los Angeles County Superior Court, Defense attorney: Patricia Egan Daehnke).

Gas Station Fire

Verdict: $8,150,000

A gas station owner alleged strict and negligent products liability after a propane dispensing unit he leased from defendant caught fire, resulting in severe burns (Domaille v. AmeriGas Inc., Los Angeles County Superior Court, Plaintiff’s attorney: Lawrence P. Grassini).

Mesothelioma

Verdict: $5,437,883

A man alleged negligence, strict liability, fraud and conspiracy after he was diagnosed with mesothelioma as a result of long-term exposure to asbestos from the defendant’s products (Hellam v. Crane Co., Alameda County Superior Court, Plaintiff’s attorney: Dianna Lyons).

Improper Tree Removal

Settlement: $195,000

A property management firm alleged breach of agreement due to defendant’s failure to comply with the terms of work contracted after tree maintenance workers performed unauthorized, excessive removal of trees, resulting in disfigurement and loss of aesthetic value in the property (Scientific Investments L.P. v. Four Seasons Tree Care Inc., San Diego County Superior Court, Plaintiff’s attorney: Barri Kaplan Bonapart).

Foreclosure

Decision: $329,000

A homeowner alleged her foreclosure was void since it was based on a Notice of Default that claimed an amount that was materially larger than what she actually owed (Muralles v. Max Capital Investments LLC, Los Angeles County Superior Court, Plaintiff’s attorney: Richard I. Wideman).

Leg Fractures

Settlement: $975,000

A man claimed negligence after he was struck by a bus traveling at an excessive rate of speed while he was in the crosswalk, resulting in leg fractures (Akkawi v. City and County of San Francisco, San Francisco County Superior Court, Plaintiff’s attorney: Richard H. Schoenberger).

Habitability Violations

Verdict: $5,775,458

Tenants alleged negligence, breach of contract, breach of warranty of habitability, intentional influence to vacate and retaliatory eviction after their building’s new owner failed to correct numerous violations (Vaughn v. Darwish, Los Angeles County Superior Court, Plaintiff’s attorney: Dennis P. Riley).

Restaurant Venture

Arbitration: Defense

A lessee sought recovery for improvements made for a restaurant venture after he gave notice to the lessor following his son’s death of intention to terminate the lease agreement early (Hug v. Roberge, Riverside County Superior Court, Defense attorney: Robert J. Gilliland Jr.).

Failure to Diagnose Stroke

Verdict: Defense

A woman’s family alleged medical malpractice and failure to diagnose a stroke against an emergency physician after she was discharged with a diagnosis of a conversion reaction and then subsequently admitted to the hospital the following day (Hosea v. Long Beach Memorial Medical Center, Los Angeles County Superior Court, Defense attorney: Thomas McAndrews).

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.