Notable Case Results

Notable Case Results

Wrongful Death

Wrongful Death Against Bar Security Company $2,000,000 Settlement

34 year old software sales associate out with friends drinking at a bar in San Francisco. After a few hours, he leaves the bar to go home and gets in an argument outside of the club with a security guard. The security guard alleges the patron threatened and pushed him. In response, the security guard punches the patron in the face. The patron falls back and hits his head on the concrete. The patron loses consciousness and has snoring respirations (suggestive of TBI). The bar’s designated medical lead is not EMT certified and arrives to find the patron mumbling and lying face-up. The bar’s medical lead does not call for medical services and concludes the patron is drunk. He escorts the patron to a nearby bus stop, and while attending to the patron, takes the patron’s cell phone. The patron was later observed vomiting blood by bar employees and security personnel. A passerby discovered the patron unconscious an hour later just down the street from the entrance to the bar. The passerby calls for an ambulance and the patron was taken to the hospital. The patron dies 9 days thereafter as a result of traumatic brain bleed.

During the course of the wrongful death action, we established the bar did not have a City approved security plan; did not have an on-site EMT; did not have an established medical response plan; failed to call for medical care; failed to have a minimally competent medical evaluation of the decedent and lacked a chain of command for implementation of policies to address injuries to patrons of the bar.

The security guard and security company that employed him were sued along with the bar. Although they claimed self-defense, pointed depositions revealed the security guard could have retreated without punching the patron. It was also shown that the security guard violated company policy by not calling for medical assistance for the patron and failed to call for available back-up to assist him in dealing with the patron before he punched the patron.

The bar and security company tendered their respective policy limits of $1,000,000 each, for a combined settlement of $2,000,000.00.

Motorcycle Accident/Product Liability

Morioka vs. Devader $4,893,830 Structured

Complex wrongful death motorcycle accident involving product liability claims against both helmet and motorcycle luggage manufacturers. The case was litigated to a successful conclusion, which provided a permanent stream of income to the minor children represented as a result of the wrongful death of their mother. The case also caused the manufacturer of the luggage bag to stop and/or modify production of the type motorcycle bag that was attached to the decedent's motorcycle.

Patillo vs. Bledsoe $3,609,600

Motorcycle vs. automobile collision resulting in below knee amputation. Client was riding motorcycle and defendant pulled out in front of him, resulting in a severe injury to client's leg, which ultimately led to the amputation of his leg, just below the knee.

Montgomery vs. Din (Policy Limits Settlement)

Disputed motorcycle accident where insurance company disputed liability and damages. Case was resolved to the maximum insurance limits carried by the defendant.

Auto Accident

Dhugga vs. Eskel Porter $1,300,000

A wrongful death action involving a head-on collision on a notoriously dangerous stretch of highway between State Highway 99 in Sacramento and Marysville, commonly known as "blood alley." The case settled prior to trial.

Fick vs. A 1 Beverage Co. $650,000

A case where our client was rear-ended while traveling to San Francisco with her daughter. Client had surgery to her neck as a result of her injuries. The case was resolved for $650.000.

Cervantes vs. County of Sacramento Sheriff's Dept. $850,000

An action where plaintiff, a passenger in a car driven by her husband, was hit by a police officer driving a patrol car to investigate an alleged burglary. Plaintiff sustained a low back injury, which ultimately required surgery.

Moore vs. Mercer $650,000

Low speed automobile collision with low back injury tried to a verdict. The insurance company initially offered $40,000, then increased the offer to $90,000 and $300,000, 10 days before trial. The jury returned its verdict after six days of trial.

Murphy vs. Fox $140,000

A single-vehicle automobile accident in which our client was a passenger of a vehicle whose driver fell asleep returning home on a rural country road. The insurance company continued to make low settlement offers such that a trial was required where the verdict was more than seven times greater than the insurance company's highest offer.

Bush vs. County of Sacramento $600,000

A case where client was driving a school bus and hit by a concrete truck making an illegal turning maneuver. Client sustained various injuries, including injuries to her neck and back.

Uninsured Motorist

Thompson vs. CSAA $485,000

Case where client was hit by an uninsured motorist, which led to a claim against her insurance carrier. The action was resolved just prior to arbitration.

Product Liability

Obidinski vs. Upright (Scissor Lift)

An action against an equipment rental company and manufacturer of a scissor lift that tipped over while being used by client to paint the facade of a building in downtown Sacramento. Confidential settlement reached as the case approached trial.

Martin vs. Toyota (Rollover)

A vehicle roll-over action that resulted in a confidential settlement. Client had recently retired and was on his way to see his granddaughter when he was hit in the rear by a party exiting the freeway, causing his vehicle to lose control and roll over. Significant injuries to brain, neck and internal organs.

Arshad vs. Mohammad $500,000 (Policy Limits)

Client was asked to help remove a cherry picker from the rafters of a tire shop. The ladder that plaintiff was provided collapsed, causing plaintiff to sustain an impaling injury.

Earles vs. Stanley Corp. (Defective Thermos)

Client lost vision in one eye when thermos stopper projected into his eye as he attempted to open the thermos. Complex reconstruction exposed that the thermos was designed with defective venting capacities causing unusually high pressure to exist within the walls of the thermos.

Premises Liability

Rivera vs. Cinemark $400,000

Client went to the movies and the chair she sat in collapsed, causing compression injuries to her spine. Investigation disclosed the theater chairs were not properly maintained, causing the seat of the chairs to separate.

Train Accident

Ward vs. Amtrak Confidential

Case where client was hit by a train while crossing common bridge thoroughfare. Through our persistence and investigation we were able to establish that the train operator actually increased throttle pressure when he first saw our client thereby depriving him of the ability to bring the train to a safe stop prior to impacting client. The collision resulted in a below knee amputation.

Voekel vs. San Joaquin Regional Rail Commission $225,000

Train failed to stop and collided with train stop, causing client, a passenger in the train, to be thrown from her seat in the train.

Civil Rights Violation

Pautov vs. County of Placer $825,000

$825,000 settlement for civil rights violation as a result of excessive force by off-duty sheriff's deputy.

Boating Accident

Lopez vs. Carthen $865,000

A boating accident case. Client was fishing with friends on the Sacramento River and hit by another boat traveling at unsafe and dangerous speeds.

Cow in Roadway

Lawrence vs. Podesta $375,000

Client was returning from movies with family on a rural stretch of highway. A cow escaped from its pasture and ran in front of the car, causing client to sustain serious neck injury. Our investigation revealed that the property and cow owner failed to properly maintain fencing and measures to keep his cattle from entering the roadways.