Share this on Twitter Share this on Facebook Share this on Linked In Share this by Email
Trials Digest
Trials Digest chart


Disability discrimination

Verdict:  Defense

Plaintiff allegedly denied promotion due to disability, terminated for reporting misconduct; defendant denied any discrimination and/or retaliation and alleged plaintiff was terminated due to her own action of deliberately and fraudulently creating false client charting entries, which she subsequently willfully deleted (Alldridge v. Behavioral Health Services Inc., Los Angeles County Superior Court, defense attorney:  Margaret Manton Holm).

Snow chains in road

Verdict:  Defense

Jury rejected driver's claims of injury from driving over county's chains; jury found persuasive the testimony of defense expert Tack Lam, Ph.D. and M.D., a practicing physician for Kaiser who inspected and tested an exemplar van and drove it over the same chains on highway pavement at 50 mph while equipped with scientific measuring devices to record vertical forces exerted on the vehicle and driver (Ellis v. Mono County, Mono County Superior Court, defense attorney:  John P. Coleman).

Rollover accident

Settlement:  $350,000

Defendants' out-of-control vehicle caused a rollover accident; defendants did not deny liability but disputed the nature and extent of plaintiff's injuries and damages (Clyburn v. Slater, Sacramento County Superior Court, plaintiff attorney:  Werner R. Meissner).

Grease slip

Settlement:  $1,500,000

Patron slipped and fell on grease spill at Nation's Hamburgers, allegedly causing Central Regional Pain Syndrome with pain level at 7 to 8 out of 10 (Oseguera v. Nations, Contra Costa County Superior Court, plaintiff attorney:  Ronald P. Goldman).

Alter ego

Decision:  $2,192,000

Former vice president awarded commissions and salary against defendant Bernhard Keppler, individually, on an alter ego theory on a showing that the corporation had ceased to exist or never existed in the first place and adherence to the fiction of the corporation's separate existence would sanction a fraud or promote injustice (Silvestro v. NLP International Corp., Butte County Superior Court, plaintiff attorney:  Robert A. Carichoff).

Leg amputation

Decision:  $6,338,491

Plaintiff alleged that an on-duty border patrol agent operating a government-issued vehicle sped through a blind turn on an unpaved mountain road at an unsafe speed and collided with plaintiff motorcyclist causing a traumatic below-the-knee amputation of the left leg and other significant injuries (Hendrickson v. United States of America, Southern District Federal Court, plaintiff attorney:  Robert J. Francavilla).

Dog bite

Settlement:  $400,000

Defendant's pit bull bit plaintiffs' child in the face and lip; defendant's insurer contended plaintiff placed himself in an unsafe area near the dog (Evangelista v. Anderson, Riverside County Superior Court, plaintiff attorney:  Michael A. Penn).

Brain/spine injuries

Settlement:  $4,500,000

Framing worker fell through an unsecured roof opening allegedly causing traumatic brain injury and thoracic and lumbar fractures; defendants contended that cross-defendant Bantus, plaintiff's employer, was primarily at fault for creating the opening and then not permanently securing it or warning of its existence (Lathrop v. Michael R. Tolladay Corp., Fresno County Superior Court, plaintiff attorney:  Richard C. Watters).

Wrongful death

Settlement:  $375,000

Plaintiffs contended that a patient-controlled analgesia pump was not functioning properly and contended that pulse oximetry alarms were not working properly and that had the alarms been working in accord with industry standards, nursing staff would have been alerted much earlier and attended to her hypoxic state (Confidential v. Confidential, Orange County Superior Court, plaintiff attorney:  Jeffrey A. Milman).

Heated saline


Plaintiff contended defendant improperly used heated saline to assist in the curing of the surgical cement used in plaintiff's total knee arthroplasty which allegedly caused burns both inside and outside the surgical wound, tissue necrosis and eventual infection (Frost v. Boghosian, Riverside County Superior Court, defense attorney:  Sheila S. Trexler).


Unlawful surcharge

Verdict:  $593,000,000

Jury found defendant BP violated Oregon's Unlawful Trade Practices Act by failing to disclose a 35-cent debit card fee for more than 7 million gasoline purchases; the value of the verdict was approximately $593 million awarded to a class of consumers (Scharfstein v. BP West Coast Prods., Oregon – Multnomah County Circuit Court, plaintiff attorney:  David F. Sugerman).

Cancer drugs

Verdict: Defense

Plaintiff claimed he developed osteonecrosis of the jaw and was at risk of developing other diseases after he was prescribed and took the drugs Aredia and Zometa as part of his treatment for multiple myeloma - the court granted the defendant summary judgment on most claims; the jury found for defendant on the failure-to-warn claim because proximate causation was not proved (Earp v. Novartis Pharmaceuticals Corp., North Carolina  – United States District Court, E.D.N.C., defense attorneys:  Katharine R. Latimer/Peter G. Pappas).