CALIFORNIA CASES
Elder Abuse
Settlement: $1,475,000
Wrongful death and elder abuse action was brought when patient died as a result
of multiple Stage IV decubitis ulcers, dehydration, malnutrition and multiple
infections after he was admitted to defendant hospital (Bernardez v. ACME
Hospital, Los Angeles County Superior Court, plaintiff attorney: Jeff
Aidikoff).
Worker Run Over
Settlement: $3,300,000
Construction site worker
who was engaged in a work-related cell phone call in a noisy construction site
environment was run over by a water truck in reverse (Deschene v. Emmett's
Excavation, Fresno County Superior Court, plaintiff attorney: Stanley K.
Jacobs).
School Accreditor Sued
Verdict: Defense
Plaintiff alleged that as a
result of defendant's withdrawal from participating in a Title IV program, its students
were unable to receive federal loans and plaintiff was forced to shut down its
schools; at trial, plaintiff asked for $31.5 million in damages (The
Institute of Medical Education Inc. v. Western Association of Schools and
Colleges, Santa Clara County Superior Court, Defense Attorney: Seymour B.
Everett III).
Popcorn Lung
Verdict: $2,601,760
Plaintiff reportedly
sustained Diacetyl-induced bronchitis obliterans, known commonly as "popcorn
lung," which resulted in a 50 percent reduction of lung capacity as a result of his
employment with defendant (Vatuvei v. Citrus & Allied Essences, Ltd., Orange
County Superior Court, plaintiff attorney: Ramon Lopez).
Bicyclist Killed
Verdict: $4,000,000
A 24-year-old female,
survived by her parents, was killed due to fatal crush injuries incurred when
her bicycle was struck by defendants' 26,000-pound box truck; defendants denied
liability (Le Moullac v. Daylight Foods Inc., San Francisco County
Superior Court, plaintiff attorneys: Micha Star Liberty/William L. Veen).
Retaliation
Verdict: $1,583,844
Plaintiff, who is of
Persian descent, claimed her African-American supervisor discriminated and
retaliated against her; jury found for plaintiff on the latter claim (Abyane
v. County of Los Angeles, Los Angeles County Superior Court, plaintiff attorney: Patrico T.D. Barrera).
Wrongful Eviction
Verdict: $200,000
Landlords accused of
wrongfully evicting tenant from rent-controlled apartment (Simmons v.
Sentirmay, Los Angeles County Superior Court, plaintiff attorney: Sabrina
D. Venskus).
Bronchoscopy Death
Verdict: Defense
Patient died during
bronchoscopy for suspected lung cancer; defendant attended the patient's
funeral and gave the family over $1,000 in cash along with a sympathy card
pursuant to Chinese custom (Wong v. Chu, Los Angeles County Superior
Court, defense attorney: Kent T. Brandmeyer).
Embezzlement
Verdict: $23,122,125
Former employee accused of
stealing funds from employer's account (JY Industries Limited v. Ya, Alameda
County Superior Court, plaintiff attorney: Robert Charles Ward).
Deliberate Indifference
Verdict: $3,000,000
Family claimed defendants
knew that withdrawal from heroin increased the likelihood of a serious asthma
attack, but were deliberately indifferent to detoxing asthmatic inmate's
medical needs (Brummett v. County of San Diego, U.S.D.C, S.D.Cal., plaintiff attorneys: Michael J. Aguirre/Christopher S. Morris/Maria C.
Severson).
NATIONAL CASES
Severe Burns
Verdict: $10,875,622
A bricklayer reportedly
suffered severe burns to approximately 67 percent of his body when the vapors
from the concrete sealant he was applying ignited, causing a large explosion (Plizga
v. The Euclid Chemical Company, Illinois – Cook County Circuit Court, plaintiff attorneys: Stephen M. Passen/Matthew A. Passen).
Leg Amputation
Verdict: $9,000,000
Summary judgment was
entered in favor of plaintiff on the issue of liability for a tractor-trailer
v. pedestrian collision; jury awarded $9 million for various injuries including
above-the-knee leg amputation (Ramos v. Bartis, New York – Nassau County
Supreme Court, plaintiff attorney: Theodore A. Naima).
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.