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Trials Digest

 
Sunroof Malfunctions

Decision: Nonsuit

Vehicle purchaser sought refund after sunroof malfunctioned, with breach of implied warranty of merchantability being the sole claim remaining at trial (Brand v. Hyundai Motor America, Orange County Superior Court, Defense attorney: Sean D. Beatty).

Iron Gate Collapses

Settlement: $1,000,000

A 600-pound iron security gate allegedly collapsed onto plaintiff causing crush injuries, resulting in multiple surgeries  (Bolanos v. Falcon California Investments Inc., Los Angeles County Superior Court, Plaintiff attorney: Thomas Schultz).

Child Suffocates

Settlement: $1,000,000

Defendant's Million Dollar Baby dresser allegedly tipped over and suffocated a 20-month-old; settlement  plus  voluntary recall of 18,000 dressers (Rautiainen v. Million Dollar Baby, Los Angeles County Superior Court, Plaintiff attorney: Larry Guzin).

Brain Injury Alleged

Verdict: Defense

Defendant admitted liability but denied organic brain injury and other injuries occurred due to a minor impact rear-end collision (Gheith v. Thomason, San Joaquin County Superior Court, Defense attorney: Monte R. Davis, Jr.).

Wrongful Termination

Verdict: $2,729,037

In Phase I, five of the 130 plaintiffs' claims for breach of contract were tried; in Phase II, plaintiffs' age discrimination claims will be tried (Andrews v. Lawrence Livermore National Security LLC, Alameda County Superior Court, Plaintiff attorney: J. Gary Gwilliam).

Stabbing Death

Verdict: $3,008,304

Mother awarded $3 million after adult son was allegedly fatally stabbed and murdered by his impaired father; with 40 percent liability against the stabber's girlfriend (Villa v. Villa Sr., Sacramento County Superior Court, Plaintiff attorney: Robert M. Merritt).

ADA Accessibility

Settlement: $20,000

Wheelchair user claims Islands restaurant was inaccessible (Sharp v. Islands California Arizona LP, Southern District Federal Court, Plaintiff attorney: Jordon Metz).

Corporate Veil Pierced

Verdict: $55,151,509

Security company accused of negligence after apartment tenant shot nine times by gang member (Steward v. Stratus Security Services Inc., San Bernardino County Superior Court, Plaintiff attorney: Gary A. Dordick).

Vehicle Death

Settlement: $10,000,000

Teen-aged decedent allegedly suffered a severe head injury and subsequently died after his family was rear-ended at a high rate of speed on State Route 99, (Korol v. General Parts Inc., Fresno County Superior Court, Plaintiff attorney: Brian Panish).

Severe Brain Injury

Settlement: $15,000,000

A 29-year-old graduate student struck a Cal Fire vehicle, which allegedly protruded three feet into the fast lane of Interstate 505 (Ragatz v. State of California, Solano County Superior Court, Plaintiff attorney: Roger A. Dreyer).

Foot Fractures

Verdict: $142,246

Plaintiff alleged that a gas tanker truck ran over her left foot at a Chevron station (Parsons v. Chevron Corporation, San Francisco County Superior Court, Plaintiff attorney: Albert G. Stoll, Jr.).

Heart Surgery

Verdict: $6,786,774

Plaintiff contended that defendant heart surgeon was negligent in both surgical and post-operative care resulting in decreased heart pumping ability, multiple amputations and a reduced life expectancy (Roland v. Mohammadzadeh, Ventura County Superior Court, Plaintiff attorney: Steven Effres).

Flu Class Action

Settlement: $5,000,000

Plaintiffs alleged that defendants knew that there was no active ingredient in its Oscillo flu remedy product and therefore Oscillo could not treat or cure any disease (Gallucci v. Boiron Inc., Southern District Federal Court, Plaintiff attorney: Ronald A. Marron).

Editors 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.