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Trials Digest
Trials Digest Chart

CALIFORNIA CASES

Employee Misclassification

Settlement:  $7,500,000

Plaintiff, a live-in retirement community co-manager, alleged that she on her own behalf and on behalf of others similarly-situated was improperly classified as a salaried executive, administrative and/or professional employee, and treated as exempt from minimum wage and overtime payments (Cwik v. Harvest Management Sub LLC, Central District Federal Court, plaintiff attorney: Stephen M. Garcia).

Back Surgeries

Settlement:  $650,000

Maintenance worker struck by delivery truck in parking lot; defendant contended plaintiff's lower back injuries were due to prior injuries and degenerative processes unrelated to this collision (Ramirez v. Delta Fresh Fruit, Los Angeles County Superior Court, plaintiff attorney:  Wayne McClean).

Complex Regional Pain Syndrome

Settlement:  $2,000,000

Store clerk strikes shopper with cart, complex regional pain syndrome allegedly results (Magana v. DD's Discounts, Fresno County Superior Court, plaintiff attorney:  Jacob J. Rivas).

Lumbar Fractures

Settlement:  $1,500

Concert videographer claimed that defendant Stage FX Inc. was responsible for an allegedly defective stage that caused him to  fall off the stage; prior to the hearing on defendants' motion for summary judgment, the parties settled for $1,500 (Jaedicke v. KXOS Exitos 93.9, Los Angeles County Superior Court, defense attorney:  Robert W. Armstrong).

RV vs. Bike

Verdict:  $1,593,551

Plaintiff bicyclist, an Ironman competitor, alleged that defendant executed a negligent turn and violated the plaintiff's right-of-way (Richards v. Zickert, Los Angeles County Superior Court, plaintiff attorney:  Michael Alder).

False Advertising

Decision:  $6,828,000

California district attorneys sued Overstock.com for false advertising (People of the State of California v. Overstock.com, Alameda County Superior Court, plaintiff attorney:  Nancy E. O'Malley).

Elbow Fracture

Settlement:  $450,000

Pedestrian trips on protruding flange in sidewalk, suffers elbow fracture (Gonzalez v. City of Pomona, Los Angeles County Superior Court, plaintiff attorney:  Werner R. Meissner).

Double Ejection

Settlement:  $1,000,000

Vehicle occupants ejected in broadside collision sustain brain injuries (Kisling v. Mink Trucking & Excavation, Fresno County Superior Court, plaintiff attorney:  Richard C. Watters).

Ankle Fracture

Settlement:  $395,000

Tenant claims burned-out light in staircase caused trip-and-fall (Castaneda v. Almaron Corp., Los Angeles County Superior Court, plaintiff attorney:  Douglas D. Shaffer).

Bad Faith

Verdict:  $326,000

Insurer accused of bad faith in claim denial (White v. GEICO Indemnity Co., Los Angeles County Superior Court, plaintiff attorney:  Lars C. Johnson).

Excessive Force

Settlement:  $1,843,000

Schizophrenic woman fatally shot by sheriff's deputies while seeking help at family center (Lim v. County of Los Angeles Central District Federal Court, plaintiff attorney:  Thomas V. Girardi).

Assault & Battery

Verdict:  $246,843

Jury awarded $247,000 to man who was kicked in the face while unconscious during a fight (Elssner v. Uminger, Los Angeles County Superior Court, plaintiff attorney:  Jeffrey T. Roberts).

NATIONAL CASES

Gas Explosion

Verdict:  $14,887,640

Jury held Florida contractors responsible for explosion that killed father, disfigured mother, and psychologically injured child (Blanchard, et al. v. Panhandle Plumbing, Inc., et al., Florida  – Okaloosa County Circuit Court, plaintiff Attorney: George W. (Skip) Finkbohner III).

Qui Tam

Settlement:  $40,692,439
Qui tam whistleblower lawsuit alleged that pharmaceutical company marketed its products for the off-label prevention of infection, and allegedly made kickbacks (Unites States of America ex rel. Cynthia Kirk et al. v. CareFusion Corp. et al., Kansas – United States District Court, D.Kan., plaintiff (relator) attorney: Carrie M. Brous).