CALIFORNIA CASES
Shopping Center Lease
Arbitration: $1,892,835
Restaurant tenant claimed that
a lack of parking breached the lease; the Hon. William Sheffield (Ret.) awarded
to plaintiff $1,353,301 for past lost profits plus $539,534 for future lost
profits but found plaintiff's causes of action for fraud and negligent
misrepresentation were time barred (Gietzen v. Goveia, Ventura County
Superior Court, plaintiff attorney: Barak Lurie).
Defamation
Verdict: $1,500,002
Plaintiff alleged he suffered emotional distress, extreme and severe mental
anguish, pain and suffering, and damage to his reputation as a transplant
surgeon due to defamatory statements made by defendant surgeons; the jury
found in favor of defendant Ruckle but awarded $1,500,002 against defendant
DeVera. (Roozrokh, M.D. v. Devera, M.D., Ruckle, M.D., San
Bernardino County Superior Court, plaintiff attorney: Vida M. Holguin).
Race Discrimination
Decision: $998,534
Plaintiff, an
African-American woman, alleged race discrimination and harassment,
retaliation, and wrongful termination, including comments made by defendant
owner that she preferred to have a blonde working for her, and told plaintiff
she did not fit the image of the company (Lover v. Young By Yoyo Yeung a/k/a
Young By Yoyo Yeung Inc., Yeung, Faith Connexion Retail LLC, Los Angeles
County Superior Court, plaintiff attorney: Cory H. Hurwitz).
Newborn Stroke
Verdict: Defense
Baby allegedly suffered
stroke during prolonged labor which involved a certified nurse midwife under
the supervision of the in-house OB attending physician and then a C-section performed
by the obstetrical staff; defendant contended the stroke was unrelated to the
delivery (J.I. v. Regents of the University of California, Los Angeles
County Superior Court, defense attorney: N. Denise Taylor).
Landscaping Defects
Settlement: $75,000
Plaintiff homeowners who
had hired defendant to do a high-end landscaping project at their home that was
to include construction of a new patio, a planting scheme and
repair/replacement of a failed drainage system claimed that due to defective
workmanship and violation of building codes they suffered damage that could
only be fixed by repairing and replacing much of the work that was performed by
defendant (Pittaro v. TM Landscapes Inc., San Mateo County Superior
Court, plaintiff attorney: Barri Kaplan Bonapart).
Consulate Van Collision
Settlement: $525,000
A Consulate employee,
driving a Consulate van full of Consulate employees reportedly abruptly turned
the van left into the median lane to beat the traffic and hit decedent, causing
severe spinal injuries for which he required extensive surgery and lengthy
hospitalizations, and he ultimately passed away over a year later due to complications
and infections from his injuries (Munoz v. Consulate General of Mexico, central district federal court, plaintiff attorney: Wayne McClean).
Bile Duct Injury
Settlement: $1,000,000
Plaintiff contended it was
below the standard of care to injure the common bile duct and right hepatic
artery in an uncomplicated laparoscopic cholecystectomy; defendant contended
that plaintiff had unusual anatomy (Confidential v. Confidential, Los
Angeles County Superior Court, plaintiff attorney: Jeffrey A. Milman).
3-Vehicle Collision
Verdict: $80,000
Defendants Onwumere and
Blackwell, driving separate vehicles, collided, causing defendant Onwumere's
vehicle to spin across the highway and into plaintiff's vehicle. A nonsuit on
all special damages was granted at trial, leaving only noneconomic damages for
the jury; the jury found in favor of defendant Onwumere, finding defendant
Blackwell was 100 percent at fault for the accident (Rippey v. Blackwell,
Onwumere, Santa Clara County Superior Court, Defense Attorney (for
Onwumere): Kimberly S. Oberrecht).
Pedestrian Struck
Settlement: $990,000
Plaintiff alleged that
defendant driver, who was driving a large cargo van in the course and scope of
his employment with defendant Somatdary Inc., was the sole cause of the accident
by failing to yield the right-of-way to a pedestrian in a marked crosswalk (Won
v. Somatdary Inc., Los Angeles County Superior Court, plaintiff attorney: Daniel
Hoffman).
Gastric Mapping
Verdict: Defense
Patient alleged physician
failed to consider his medications, causing bleeding and anemia; defendant
claimed it was appropriate to evaluate plaintiff with a gastric mapping
procedure given plaintiff's history (Confidential v. Confidential, Los
Angeles County Superior Court, defense attorney: Robert C. Reback).
NATIONAL CASES
Dram Shop Liability
Verdict: $11,165,569
An intoxicated motorist
struck plaintiff motorcyclist; dram shop liability found against defendant bar
for over-serving a known alcoholic (Wilde v. Okeechobee Aerie 4137,
Fraternal Order of Eagles, Inc., Florida – Okeechobee County Circuit Court, plaintiff attorney: Neil P. Anthony).
Wrongful Deaths
Verdict: $27,000,000
Plaintiffs alleged that one college student died after being severely beaten
while a patron at a fast food restaurant that lacked adequate security and then
a second college student died in a fatal automobile collision while friends
were attempting to transport the first victim to the hospital for his life
threatening injuries (Crisp v. The McDonald's Corp., Texas – Brazos
County District Court, plaintiff attorney: Christopher S. Hamilton).