Unpaid Commissions
Verdict: $6,225,000
A former employee claimed
breach of contract, unconscionable contract, and breach of good faith and
fair dealing when his employer failed to pay him commissions on numerous sales
contracts he was owed even after termination of his
employment (Melbye v. Accelerated Payment Technologies Inc., Southern District
Federal Court, Plaintiff’s attorneys: Michael D. Curran).
Cervical Pain
Decision: $1,146,550
A woman claimed vehicle
negligence against a driver who rear-ended her during a traffic stop, causing
her cervical pain, headaches and thoracic and lumbar pain (Baldo v. Chuck Swift
Dodge-Chrysler, Sacramento County Superior Court, Plaintiff’s attorney: Christopher
W. Wood).
Perforated Colon
Settlement: $3,500,000
The parents of a 4-year-old
girl alleged medical malpractice when she fell into a coma and further
suffered from a perforated colon, ischemic brain injury, and cognitive
impairment following complications of a colonoscopy and polypectomy (Quintana
v. Kaiser Permanente Health Plan, Los Angeles County Superior Court,
Plaintiff’s attorney: David B. Leichenger).
Scuba Death
Verdict: $5,000,000
A man’s parents alleged
product liability, negligence, and wrongful death against a scuba diving
manufacturer after their son died as a result of a product defect while scuba
diving (Myers v. Forvaltningsobalaget Insultan AB, Los Angeles County Superior
Court, Plaintiff’s attorney: John M. Raders).
Failure to Diagnose
Verdict: $2,000,000
A man claimed failure to
diagnose and to treat after his son died as a result of severe sepsis, a
bacterial infection in his bloodstream following his first chemotherapy
treatment (Rial v. Regents of the University of California, Orange County
Superior Court, Plaintiff’s attorney: John C. Adams III).
Nuisance
Verdict: $784,208
A man claimed interference
with economic advantage, trespass and nuisance when defendants camped,
littered, and acted in a way so as to deter prospective homebuyers on a
vacant lot within their housing community (Rhoades v. Rodarte, Orange County
Superior Court, Plaintiff’s attorney: Charles S. Krolikowski).
Rear-end Collision
Settlement: $300,000
A man was rear-ended by a
company van while he was sitting at a red light, resulting in serious lower
back injuries and TMJ in his jaw, ultimately disallowing him from working
fulltime (Mendoza v. Jet Apparel Group, Los Angeles County Superior Court,
Plaintiff’s attorney: Claudia A. Smith and J. Shaffer Smith).
Broken Arms
Verdict: Defense
A man claimed premises
liability after he tripped and fell on hand-held shopping baskets, breaking
both of his arms, while Safeway contended he would have seen and avoided the
baskets had he been paying proper attention (Holdener v. Safeway Inc., Santa
Clara Superior Court, Defense attorney: Katherine M. Moore).
Fractured Fibula
Verdict: Defense
A woman alleged an unsafe and
slippery pool deck when she slipped and suffered a crushing fracture of the
fibula and knee cap, while the property owner contended otherwise, proving it
was safe (Smith v. El Dorado Mobile Home Park, Ventura County Superior Court,
Defense attorney: Mark G. Cunningham).
Real Property
Verdict: $1,111,622
An all-girls school alleged
violation of equal protection against the city when it was denied its request
for a conditional use permit in order to build additional classrooms (Academy
of Our Lady of Peace v. City of San Diego, Southern District Federal Court,
Plaintiff’s attorney: Daniel P. Dalton).
Disability Discrimination
Decision: Defense
An SFPD officer claimed the
city failed to accommodate his disability after he sustained a heart attack,
which allegedly forced him to retire (Lui v. City and County of San Francisco,
San Francisco County Superior Court, Defense attorney: Dennis J. Herrera).
Taser
Settlement: $225,000
A man suffered taser injuries
and emotional distress when officers allegedly entered his residence without a
warrant or probable cause and used a stun gun on him during a Father’s Day
celebration (Mayhew v. City of Arcadia, Los Angeles County Superior Court,
Plaintiff’s attorney: James R. Tedford III and Adrianos Facchetti).
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.