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Trials Digest
Trials Digest Chart

 

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).

Editors 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.