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Trials Digest

Trials Digest Chart

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).


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).


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).

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 or call 415-344-3952.