Gym Negligence

Verdict: $14,640,784

The wife of a man who is now in a vegetative state after cardiac arrest while playing basketball at a gym alleged negligence on part of the employees for failure to have an adequate emergency response system in place (Alegre vs. LA Fitness International, Riverside County Superior Court, Plaintiff’s attorney: Bruce Broillet). 

Herniated Disc

Verdict: $3,423,000

A man suffered a herniated disc requiring lumbar spinal fusion surgery when an individual, who admitted liability, ran a stop sign and caused a collision (South v. Vasquez, Los Angeles County Superior Court, Plaintiff’s attorney: Douglas D. Shaffer).

Mesothelioma

Verdict: $48,000,000

A bystander exposed to asbestos while working as a general contractor and cement contractor for 30 years ultimately contracted mesothelioma (Izell v. Asbestos Companies, Los Angeles County Superior Court, Plaintiff’s attorney: John Langdoc).

Burglary Insurance

Verdict: $6,490,000

A burglarized jewelry store sued its insurance carrier for denying its claim on the grounds that the insurer believed the burglary was staged (Monaco Trade LP v. Hanover Insurance Company, Orange County Superior Court, Plaintiff’s attorney: John C. Adams III).

Elder Neglect

Verdict: $1,844,400

A patient at a nursing facility suffered a hip dislocation and fracture to her recently replaced hip and alleged that her injury was undocumented and left untreated (Gogol v. Mills-Peninsula Health Services, San Mateo County Superior Court, Plaintiff’s attorney: Niall P. McCarthy).

Barbell Accident

Verdict: $892,650

A personal trainer dropped a 185-pound barbell on his client’s face, causing a crush injury to his face and emotional distress (Blecher v. 24 Hour Fitness USA Inc., Los Angeles County Superior Court, Plaintiff’s attorney: Tal Rubin).

Fourth Amendment

Verdict: Defense

The family of a robbery suspect shot and killed by police alleged a violation of the Fourth Amendment by using excessive force and a violation of 42 U.S.C.A. §1983 (Barnes v. City of San Bernardino, San Bernardino County Superior Court, Defense’s attorney: James F. Penman).

Crushed Hand

Verdict: $1,483,895

A man’s hand was crushed by a forklift clamp when he was asked to assist in the removal of wine containers from his truck during a delivery to defendant’s facility (Mayorga vs. Biagi Bros. Inc., Napa County Superior Court, Plaintiff’s attorney: Daniel Slijepcevich).

Defamation

Verdict: Defense

An organization providing party services to fraternities and sororities alleged libel, slander, and tortious interference with prospective economic advantage when defendants accused him of contract forgery and other crimes (La Event Connections Inc. v. Bartels, Los Angeles Superior Court, Defense attorney: Alan R. Zuckerman).

Medical Malpractice

Verdict: Defense

Physicians allegedly failed to diagnose heart disease, which led to its patient’s death (Russell v. Facey Medical Group, Los Angeles County Superior Court, Defense attorney: Yuk K. Law).

Land Contamination

Settlement: $2,500,000

A school district sued the City of Los Angeles for its failure to clean up a school site of hazardous substances caused by the prior owner’s industrial and manufacturing activities, resulting in contamination of substantial portions of the site (Los Angeles Unified School District v. City of Los Angeles, Central District Federal Court,  Plaintiff’s attorney: Barry C. Groveman).

Wrongful Death

Verdict: Defense

A woman alleged wrongful death for a man shot by police who were responding to a domestic violence call (Mullins v. City of Escondido, San Diego County Superior Court, Defense attorney: Michael R. McGuinnes).

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.