Asbestos
Verdict: $13,227,939
An electrician working in the U.S.
Coast Guard alleged products liability after he was diagnosed with mesothelioma
after being exposed to asbestos from defectively designed joint compounds
(Desin v. Kaiser Gypsum Company Inc., San Francisco County Superior Court,
Plaintiff's attorney: Gilbert Purcell).
Falling Railing
Settlement: $1,290,000
A foreman working in a new construction high rise building
alleged negligence when he was struck in the back of his head by a railing that
fell from 13 floors above, causing him to miss work for six months (Miller v.
Conco, Los Angeles County Superior Court, Plaintiff’s attorney: Casey R.
Johnson).
Disc Injury
Verdict: $974,628
A woman claimed negligence in maintaining a property when
she fell through an unsafe door during a realtor’s tour of the property,
resulting in a disc injury (Wilson v. SC Property Management, San Mateo County
Superior Court, Plaintiff’s attorney: Chantel L. Fitting).
Amputated Foot
Settlement: $2,050,000
A man performing construction work on a highway alleged
negligence when a dump truck crushed his foot, resulting in its amputation
(Jimenez v. Dolan Trucking Inc., Mendocino County Superior Court, Plaintiff’s
attorney: R. Lewis Van Blois).
Falling Tree Limb
Verdict: $3,840,791
A woman driving on a freeway was impaled by a 500-pound eucalyptus tree limb when it broke loose and crushed the roof of her car, ultimately
resulting in her death (Fellini v. Prometheus Real Estate Group Inc., San Mateo
County Superior Court, Plaintiff’s attorney: Michael A. Farbstein).
Eyeball Injury
Verdict: Defense
A woman claimed products liability when a glass bottle she
was handling sustained a hard impact and broke, resulting in a 1-cm laceration
to her cornea (DeLong v. Raley’s and Lorina Inc., Sacramento County Superior
Court, Defense attorney: Richard Jacobson).
Failure to Diagnose
Verdict: Defense
A woman claimed medical malpractice against her primary care
physician when her doctor allegedly failed to diagnose her for Stage IV
colorectal cancer (Jenkins v. Allsup, Los Angeles County Superior Court,
Defense attorney: Yuk K. Law).
Construction Accident
Verdict: $8,328,591
A man operating the hoist of an elevator shaft fell 50 feet,
traumatically amputating his right arm as a result of a construction
manufacturer’s negligence (Krammerer v. Allmak Hek, San Francisco County
Superior Court, Plaintiff’s attorney: Michael A. Kelly).
Conspiracy
Verdict: $457,500
A man claimed conspiracy and intentional infliction of
emotional distress after he was falsely arrested by a sheriff’s deputy who was
having an extramarital affair with his wife (Gutierrez v. Solano, Central
District Federal Court, Plaintiff’s attorney: Arnoldo Casillas and Gregory W.
Moreno).
Wrongful Death
Decision: Defense
A 7-year-old driving a commercial utility cart with a
10-year-old passenger struck an 11-year-old riding a small motorbike, crushing
his chest, collapsing his lungs, which ultimately resulted in his death
(Pereyra v. Jiminez, San Diego County Superior Court, Defense attorney: Kenneth
H. Stone).
Inverse Condemnation
Verdict: $5,053,548
A fashion photographer that stored several computers and
backup hard drives of his work on the ground floor of his premises alleged
inverse condemnation when a sewage backage destroyed his property (Nisevic v.
Safeco Insurance Company, Los Angeles County Superior Court, Plaintiff’s
attorney: John Torbett).
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.