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Trials Digest

Summary Chart of trials, awards, settlements, arbitrations 

Quadriplegia

Decision: $4,341,919

Excess Surgifoam left in surgical patient resulted in quadriplegia (Johnson v. United States of America, Central District Federal Court, Plaintiff attorney: Sean M. Burke).

Unfair business competition

Decision: Defense

State of California alleged defendant motor carriers wrongfully classified their drivers as independent contractors rather than employees under Business and Professions Code Section 17200 et seq. (People of the State of California v. Pac Anchor Transportation Inc., Los Angeles County Superior Court, Defense attorney: Arthur A. Severance).

Employment retaliation

Settlement: $2,500,000

LAPD officer alleged severe harassment in retaliation for participating in an official inquiry into complaints of sexual harassment and gender discrimination in the department (Bender v. City of Los Angeles, Los Angeles County Superior Court, Plaintiff attorney: Matthew S. McNicholas).

Fatal fall

Decision: Defense

Family of man who fell to his death from a ladder blamed a man they alleged was responsible for “spotting” decedent (Kay v. Sprinkle, San Joaquin County Superior Court, Defense attorney: Erin C. Barmby).

Business closures

Settlement: $4,250,000

Labor Commissioner sued title companies that went out of business for unpaid wages and benefits and for damages under the California Worker Adjustment and Retraining Notification Act ("WARN") for failure to provide statutorily required notice of closures (State Labor Commissioner v. Alliance Title Co., Alameda County Superior Court, Plaintiff attorney: David M. Balter).

Tractor-trailer

Settlement: $10,100,000

Husband and wife in their seventies sustained serious injuries when their vehicle was struck by a tractor-trailer backing out of a driveway (Wong v. Confidential, Sacramento County Superior Court, Plaintiff attorney: Roger A. Dreyer).

Drunk driving

Settlement: $1,000,000

Saloon employee drank alcohol at work and caused a fatal vehicle collision (Wolowsky v. Bum Steer Restaurants Inc., San Diego County Superior Court, Plaintiff attorney: Russell A. Gold).

Pool injury

Verdict: Defense

Man who broke his neck diving into his swimming pool sued the pool contractor for negligence (Johnson v. Mission Pools of Escondido Inc., San Diego County Superior Court, Defense attorney: Martin L. Hirsch).

Falling tree limb

Verdict: $3,767,167

Woman and minor daughter sitting on the lawn of their apartment complex were injured when a large limb snapped off a tree and fell on them (Martinez v. Gantz, Los Angeles County Superior Court, Plaintiff attorney: P. Christopher Ardalan).

Truck defect

Verdict: $2,601,058

Forty-two-year-old motorcyclist was severely injured in an accident resulting from a manufacturing defect in a Ford F-350 truck (Friel v. Ford Motor Co., Orange County Superior Court, Plaintiff attorney: Darren O. Aitken).

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.