CALIFORNIA CASES

Catastrophic mutilation

Settlement: $6,000,000

Plaintiff, a 22-year-old male former track athlete and deboarded passenger of one luxury party bus was run over  and then backed over as a pedestrian in a crosswalk by a second luxury party bus causing a degloving injury from his chest to this knees (Burton v. Platinum Limousine & Sedan, Los Angeles County Superior Court, plaintiff attorney: Brian J. Panish).

$5.5M demanded

Verdict: $1,287,029

Alleged reckless driver rear-ends parked vehicle at 80 mph – defendant offered $4 million before trial (Berry v. Hicks, San Diego County Superior Court, defense attorney: Terry A. Rowland).

Asbestos

Verdict: $8,666,000

This was a retrial of a case that had a defense verdict in 2007 which was overturned on appeal (Saller v. Crown, Cork & Seal Company, Inc., Los Angeles County Superior Court, plaintiff attorney: Scott L. Frost).

Elder abuse

Verdict: $5,453,863

Plaintiff claimed she suffered 16 ignored falls without any changes in interventions by defendants – the final fall caused a fractured hip (Schlesinger v. Grandview Palms, Los Angeles County Superior Court, plaintiff attorney: Stephen M. Garcia).

Internal bleeding death

Verdict: Defense

Defendants, anesthesiologist and hospital, contended that they were unaware of a punctured left internal iliac artery caused by a surgeon who settled with decedent’s estate before trial, and there were no signs or symptoms of any post-operative problems (Caruso v. Pham, Fresno County Superior Court, defense attorney: Michael F. Ball).

Internal bleeding death

Settlement: $1,000,000

Decedent’s spouse and child claimed that defendant hospital’s emergency room failed to diagnose a perforated duodenal ulcer (Confidential v. Confidential, Riverside County Superior Court, plaintiff attorney: Walter R. Zech).

Misclassification

Verdict: Defense

Plaintiffs alleged that defendant misclassified their employment status as exempt, with a resulting failure to pay overtime, failure to provide meals, and failure to provide proper itemized wage statements  (Peters v. Catalina Restaurant Group, San Diego County Superior Court, defense attorney:  Spencer C. Keen).

Nerve damage

Settlement: $1,300,000

Plaintiff alleged defendants failed to appreciate a herniated disc at T5-T6 and claimed that had the herniated disc been appreciated, she would have been referred to a neurosurgeon or spinal orthopedist for further workup and surgery (Confidential v. Confidential, Orange County Superior Court, plaintiff attorney: Daniel M. Hodes).

Age/disability discrimination

Verdict: $749,000

Plaintiff alleged she was disciplined and ultimately fired by defendant in violation of the Fair Employment & Housing Act (Warehime v. Farmers Insurance Exchange., Fresno County Superior Court, plaintiff attorney: Patrick D. Toole).

Refinery explosion

Verdict: Defense

Defendant Jacobs successfully argued that it could not be held liable under products liability –nonsuit granted, and further argued to the jury that it was not negligent and followed recognized API Standards in designing the heaters and related equipment involved in the explosion (Martinez v. Jacobs Engineering Group Inc., Los Angeles County Superior Court, defense attorney: Albert E. Peacock III).

Knee replacement

Verdict:  $1,802,347

Plaintiff alleged that defendant grocery store negligently maintained its premises and failed to properly inspect or take precautions to prevent the spill which caused her knee injuries and disc protrusions (Barnett v. Super Center Concepts Inc., Los Angeles County Superior Court, plaintiff attorney:  John C. Carpenter).

Unfair competition

Verdict:  $4,490,449

Plaintiff claimed that despite the fact that he met all of the eligibility criteria in defendant's PPO and PPO Select Operations Manual as well as the criteria for selecting practitioners, and had previously been a participating provider for defendant for over 10 years, defendant denied his application to be included in defendant’s provider networks (Nordella v. Anthem Blue Cross, Los Angeles County Superior Court, plaintiff attorney:  Theresa J. Barta).

NATIONAL CASES

School funding

Verdict:  $91,157,139

A Board of Education alleged that its Board of County Commissioners violated state statute by failing to appropriate sufficient funding to support a system of free public schools (Union County Board of Education v. Union County Board of County Commissioners, North Carolina - Union County Superior Court, plaintiff attorney:  Richard A. Schwartz).

Products liability

Verdict:  Defense
Plaintiff alleged that an aftermarket cabinet safety latch malfunctioned, allowing an 11-month-old child to access and drink Drano Kitchen Crystals, resulting in throat and lung injuries to the child – jurors found no design defect (Scott v. Dorel Juvenile Group, Texas – U.S.D.C., N.D.Tex., defense attorney:  Anthony A. Avey).

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.