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Trials Digest
Trials Digest Chart


Intentional Dog Attack

Settlement: $466,000

Woman claimed that her ex-fiancé ordered his Rottweiler to attack her during a reconciliation attempt, causing significant injuries to her face, arms and hands (Montgomery v. DeMeo, Contra Costa County Superior Court, Plaintiff attorney: Kevin J. Hermanson).

Habitability Violations

Settlement: $220,000

Tenants claimed that their rental property had water leaks, flooding, mold, and a rat infestation, and ultimately were constructively evicted (Lipot v. Kinawy, Orange County Superior Court, Plaintiff attorney: Jonathan D. Winters).

Investment Fraud

Verdict: $4,887,930

Defendant allegedly misrepresented the value of property pledged as security for a $3.5 million dollar loan before defaulting on his payments (Curti v. RCP Partners LLC, Stanislaus County Superior Court, Plaintiff attorney: Walter W. Whelan).

Pedestrian Hit By Bus

Settlement: $20,452,502

Plaintiff alleged that negligent driving and a dangerous bus stop caused the accident that resulted in one leg being amputated, sensate paralysis in the other leg, pelvic fractures and over $5 million in medical damages (Lee v. Alameda-Contra Costa Transit District, Alameda County Superior Court, Plaintiff attorney: Luke Ellis).

Age Discrimination

Verdict: $3,707,370

A promotional examination for the position of H-20 lieutenant was allegedly discriminatorily administered to and disparately impacted firefighters over the age of 40 (Danner v. City and County of San Francisco, San Francisco County Superior Court, Plaintiff attorney: Murlene J. Randle).

Prop 65 Warnings

Verdict: Defense

Plaintiff’s consumer protection claim was preempted by a federal law that does not require Prop 65 warnings labels on products containing naturally occurring lead because they were below the regulatory level (Environmental Law Foundation v. Beech-Nut Nutrition Corp., Alameda County Superior Court, Defense attorney: Michele B. Corash).

Shopping Slip-and-fall

Settlement: $1,250,000

After slipping on water that had leaked from a nearby cooler, plaintiff underwent arthroscopic knee surgery and was diagnosed with complex regional pain syndrome (Carranza v. Ralphs Grocery Co., Los Angeles County Superior Court, Plaintiff attorney: James P. Carr).

Dust Storm Accident

Settlement:  $1,500,000

Plaintiffs sought $23 million in damages for the death of a husband/father and brain injury to a young son – defendant TCI reached a settlement for $1.5 million  (Allstate Insurance Company v. TCI Leasing, Kern County Superior Court, Defense attorney:  Barry Clifford Snyder).

Post-surgery Paralysis

Verdict: Defense

A jury found that defendants were not negligent in the care and treatment of plaintiff’s spinal tumor, despite plaintiff’s paralysis post-surgery (Zameni v. Aminian, Orange County Superior Court, Defense attorney: Margaret M. Holm).

Drive-by Shooting

Settlement: $600,000

Plaintiff was hit in the eye by a pellet shot from an air-powered gun requiring surgical removal and resulting in partial blindness (Spalinger v. Longyear, Ventura County Superior Court, Plaintiff attorney: P. Christopher Ardalan).

Medical Malpractice

Verdict: $12,357,587

Plaintiff, a then 19-year-old patient, alleged that multiple defendant hospitals and physicians failed to diagnose and treat him for a stroke causing brain damage, quadriparesis, and aphasia  (Myrick v. Catholic Healthcare West, San Francisco County Superior Court, Plaintiff attorney:  Michael A. Kelly).

Bike Helmet Suit

Verdict:  Defense

Plaintiff alleged that defendant negligently designed a defective helmet that caused him to suffer skull and brain damage after falling off his bike  (Sohn v. Easton-Bell Sports, Inc., Los Angeles County Superior Court, Defense attorney:  James J. Yukevich).


Intoxicated Off-Duty Officer

Verdict:  $3,250,000

Jury awarded $3.25 million in punitive damages against defendant driver, an off-duty police officer, who was allegedly intoxicated and driving nearly 100 mph when he collided with decedent – plus $37 millon on a default claim for dram shop liability against another defendant (Rush v. Kendrick, Alabama - Jefferson County Circuit Court, Plaintiff attorney:  D. Leon Ashford).

Education Fraud

Verdict:  $13,027,677
Plaintiff student who was enrolled in a medical program at defendant school alleged that the school's admissions coordinator made false representations as to earning transferable nursing credits  (Kerr v. Vatterott Educational Centers Inc., Missouri – Jackson County Circuit Court, Plaintiff attorney:  Martin M. Meyers).

Editors Note: California Bar Journal publishes this abbreviated summary of important trials provided by Trials Digest. To report your case results, go to or call 415-344-3952.