Verdicts & Settlements

Public Entity


Description:

Plaintiffs filed a complaint against our City Client alleging dangerous condition of public property/ roadway design based upon Govt. Code Section 835 and loss of consortium pursuant to a vehicle v. motorcycle accident. Plaintiff was operating his motorcycle on a state highway when he was struck by a left turning vehicle that failed to yield at an intersection. Plaintiff sustained multiple alleged severe and permanent injuries including amputation of his left leg as well as injuries to his left arm, pelvis, back, and a traumatic brain injury as a result of the accident. Plaintiff’s spouse alleged loss of consortium.


Claim:

In excess of $34.3 Million in damages for past and future medical expenses, past and future loss of income, emotional distress, loss of consortium, and other general and special damages.


Result:

At the hearing on our client City’s Demurrer to the Second Amended Complaint on behalf of the City, the Court sustained the Demurrer without leave to amend, dismissed the case against City, and rendered Judgment in favor of City.


Description:

Plaintiffs filed a complaint against our City Client for wrongful death alleging a dangerous condition of public property based upon Govt. Code Section 835 for improper design, configuration, construction, lack of maintenance, and warnings on the subject roadway. Plaintiffs’ Decedent suffered fatal injuries while attempting to cross a street inside a marked crosswalk when he was struck by a vehicle that failed to yield.


Claim:

In excess of $20 Million in compensatory damages including damages for lost wages, lost employee benefits, vacation benefits, medical expenses, mental and emotional distress, and other general and special damages.


Result:

Plaintiff settled for nominal $5,000 after receipt of City's Motion for Summary Judgment.


Description:

Plaintiffs filed a complaint against our City client for wrongful death resulting from an accident wherein a 13-year-old decedent suffered fatal injuries when he crossed an intersection, while riding his bike, controlled by LightGuard In-Roadway Warning Lights. He was was struck by a DUI driver. The complaint alleged dangerous condition of public property on part of the City, including the use, maintenance and installation of the In-Roadway Warning Lights for negligent design, maintenance, construction, operation, and warnings on the subject roadway.


Claim:

In excess of $3 Million in compensatory damages including damages for loss of society and companionship, medical, burial and incidental expenses, and other general and special damages.


Result:

Motion for Summary Judgment granted in favor of our city client.


Description:

Plaintiff filed a complaint against our client city for negligence and premises liability resulting from an accident wherein plaintiff allegedly fell after tripping on a “deficit” in the sidewalk of approximately 1 ¼ inches. Plaintiff sustained alleged injuries including multiple finger fractures of right hand and permanent finger contracture deformity as a result of the accident.


Claim:

$75,000 in wage loss, medical expenses, general damages, loss of earning capacity, and incidental damages.


Result:

Motion for Summary Judgment granted in favor of our city client.


Description:

Plaintiffs’ filed a complaint against our client city for premises liability, negligent infliction of emotional distress, and loss of consortium resulting from an accident wherein plaintiff allegedly fell after tripping on a section of uneven sidewalk. Plaintiff sustained alleged injuries including scrapes to her knees, a fractured tibia, lacerations to her hands and palms, a bruised left arm, and soft tissue complaints throughout her body as a result of the accident.


Claim:

In excess of $5 Million in pain, suffering, and inconvenience, medical expenses, future medical expenses, and loss of consortium.


Result:

Motion for Summary Judgment granted in favor of our city client.


Description:

Plaintiffs filed a complaint against our City client for wrongful death resulting from an accident wherein decedent suffered fatal injuries while riding his motorcycle when he collided broadside with a vehicle that made a U-turn into his path of travel. The complaint alleged dangerous condition of public property arising from roadway and engineering issues.


Claim:

$12.4 Million in general damages, special damages for loss of support, as well as medical, funeral and burial expenses, loss of earnings, property damage, and costs.


Result:

Motion for Summary Judgment granted in favor of our City client.


Description:

Plaintiff filed a complaint against our City client for dangerous condition of public property resulting from an accident wherein plaintiff allegedly fell after the front tire of her bicycle struck a raised portion of concrete. Plaintiff sustained multiple injuries to various parts of her body including her head, neck, upper and lower back, shoulders, arms, elbows, legs, knees, and left foot as well as abrasions and contusions as a result of the accident.


Claim:

$65,270 in general damages plus medical expenses.


Result:

Motion for Summary Judgment granted in favor of our City client.


Description:

Plaintiff filed a complaint against our City client for premises liability and dangerous condition of public property resulting from an accident wherein plaintiff allegedly tripped and fell after stepping off of a recently constructed curb. Plaintiff sustained multiple contusions to her right wrist, right ankle, chest, and rib areas as a result of the accident.


Claim:

$278,387 in general damages plus medical expenses.


Result:

Motion for Summary Judgment granted in favor of our City client.


Description:

Plaintiff filed a complaint against our City client for dangerous condition of public property resulting from claim by 12-year-old operator of a non-motorized Razor Scooter who fell over an upraised portion of sidewalk that prior to his fall had been repaired with asphalt ramp by City. Plaintiff suffered severe injuries, including seizure.


Claim:

$22,500 in general damages plus medical expenses.


Result:

Motion for Summary Judgment granted in favor of our City client.


Description:

Plaintiff filed a complaint against our City client for dangerous condition of public property resulting from fall by 16-year-old bicyclist who struck a concrete “splash curb” adjacent to a public right of way sidewalk and suffered serious facial fractures.


Claim:

In excess of $563,807 in general damages plus medical expenses.


Result:

Motion for Summary Judgment granted in favor of our City client.


Description:

Plaintiff filed a complaint against our City client for dangerous condition of public property resulting from the claim of plaintiff who allegedly fell after tripping on a section of raised (approximately 2") sidewalk slab causing her to suffer personal injuries including her right upper and lower extremities.


Claim:

In excess of $100,000 in wage loss, hospital and medical expense, loss of earning capacity, and general damages.


Result:

Motion for Summary Judgment granted in favor of our City client.


Description:

Plaintiff filed a complaint against our City client for dangerous condition of public property resulting from the claim of 48-year-old horse rider who fell from her horse as it stepped from the equestrian trail onto a driveway which provided entrance to nearby equestrian facilities. Plaintiff claimed a significant head injury and inability to obtain future employment. The woman claimed a dangerous condition of public property existed due to the condition of the driveway surface.


Claim:

In excess of $125,000 in general damages and medical expenses.


Result:

Trial court denied the Motion for Summary Judgment filed on behalf of our City client; however, we took an appeal on behalf of our City client to the Court of Appeal, Fourth Appellate District, Division Two, who issued a Writ of Mandate and ordered the trial court to set aside the order and grant the Motion for Summary Judgment in favor of our City client.


Description:

Plaintiff filed a complaint against our City client for inverse condemnation resulting from claims that a “culvert” located on or near a commercial property caused the commercial property driveway and parking lot to flood with storm water, resulting in damage due to an alleged physical taking and physical damage to the commercial property, rendering it useless.


Claim:

$2.5 Million in general damages.


Result:

After hearing our Demurrer and Motion to Strike to the First Amended Complaint, Court granted Demurrer without leave to amend, dismissed case against City, and rendered Judgment in favor of City.


Description:

Plaintiffs filed a complaint against our City client for wrongful death resulting from an accident wherein decedents vehicle was struck from the rear while yielding for a traffic light by a vehicle that failed to stop. The complaint alleged negligence on part of the City for failing to establish proper speed limits, cautionary signs, and warnings on the subject roadway.


Claim:

In excess of $16 Million in general damages, and special damages for loss of financial support, comfort, care, and society, property damage, as well as expenses related to medical aid/hospitalization rendered to decedent.


Result:

After hearing our Demurrer and Motion to Strike to Complaint, Court granted Demurrer without leave to amend, dismissed case against City, and rendered Judgment in favor of City


Description:

Plaintiff filed a complaint against our client city for Motor Vehicle and General Negligence from an accident wherein plaintiff was allegedly injured while riding as a passenger on a public bus that had collided with another vehicle at an intersection. Plaintiff sustained alleged injuries to their head, neck, back, arms, knees, ankles, and shoulders as a result of the accident.


Claim:

$5 Million in wage loss, loss of use of property, hospital and medical expenses, property damage, loss of earning capacity, and general damages.


Result:

Dismissal in favor of our City client following service of Motion for Sanctions, including attorney’s fees, for failure to abandon litigation and impending Demurrer/Motion to Strike.


Description:

Plaintiff filed a complaint against our City client for premises liability based upon negligence, willful failure to warn, and dangerous condition of public property resulting from an accident wherein plaintiff allegedly fell after tripping on a section of “raised and uneven” sidewalk. Plaintiff claimed to have sustained various injuries, including a rotator cuff “fracture,” knee wounds, left wrist injury, and a "fracture" of her left arm, among other complaints as a result of the accident.


Claim:

$150,000 in medical expenses, loss of earning capacity, wage loss, compensatory damages, and general damages.


Result:

Dismissal in favor of our City client.


Description:

Plaintiff filed a complaint against our City client for premises liability based upon negligence, failure to warn, and dangerous condition of public property resulting from an accident wherein plaintiff allegedly fell after tripping on a depression in the parking lot of a train station. Plaintiff sustained “serious injuries” and damages to her right knee as a result of the accident.


Claim:

$250,000 in medical expenses, loss of earnings, loss of future income, and pain & suffering.


Result:

Dismissal in favor of our City client.


Description:

Plaintiff filed a complaint against our City client for general negligence and dangerous condition of public property resulting from an accident wherein plaintiff allegedly fell after tripping on a section of raised sidewalk of approximately 1.5”. Plaintiff sustained dental injuries, multiple rib fractures and a fractured right arm as a result of the accident.


Claim:

$198,495 in general damages plus medical expenses.


Result:

Dismissal in favor of our City client.


Description:

Plaintiffs filed a complaint against our City client for negligence, mandatory duty to protect against injuries, vicarious liability, and dangerous condition of public property resulting from an accident wherein six-year-old claimant was allegedly struck by a vehicle as she was attempting to cross the street. Plaintiff sustained multiple severe and permanent injuries including head trauma, head injuries, brain injuries, sub-cranial hematoma, broken arms, broken leg, broken pelvis, lung injuries, intestine injuries, and severe emotional distress as a result of the accident.


Claim:

In excess of $6.6 Million in general damages plus medical expenses.


Result:

Dismissal in favor of our City client.


Description:

Plaintiff filed a complaint against our City client for dangerous condition of public property resulting from an accident wherein plaintiff struck a metal gate while riding his bicycle at night on a bike path and was thrown from his bicycle causing him to sustain injuries including severely dislocated metacarpals and multiple fractures to his left hand as well as lacerations to his right shin and contusion to his left arm. The complaint alleged inadequate lighting and signage.


Claim:

$450,000 in general damages plus medical expenses.


Result:

Plaintiff dismissed case against the City after receipt of City's Motion for Summary Judgment.


Description:

Plaintiffs filed a complaint against our City client for wrongful death resulting from an accident wherein child decedent suffered fatal injuries from an accident where he was allegedly struck by a vehicle while riding a motorized scooter and attempting to leave his driveway. The complaint alleged dangerous condition of public property arising from roadway, design, maintenance, and warning issues.


Claim:

In excess of $2 Million in loss of comfort, care, and society, as well as expenses related to medical aid/hospitalization rendered to decedent.


Result:

Dismissal in favor of our City client.


Description:

Plaintiff filed a complaint against our City client for dangerous condition of public property resulting from fall by 61-year-old man who fell while on a public right of way sidewalk in a city park and suffered serious rotator cuff injury. Claim that uneven condition of sidewalk with lifted section in excess of 1.5” caused fall.


Claim:

$125,000 in general damages.


Result:

Plaintiff dismissed case against the City after receipt of City's Motion for Summary Judgment. Our firm asserted a novel trail immunity argument which amounted to a complete defense. See Blog


Description:

Plaintiff filed a complaint against our City client with claim of injuries she allegedly sustained as a result of a fall she suffered while walking on the sidewalk including contusions and abrasions to right side of head, dislocated right elbow which required surgery, and injury to her left knee.


Claim:

$390,000 in general damages.


Result:

Plaintiff dismissed case against the City after receipt of City's Demurrer.


Description:

Plaintiffs filed a complaint against our City client for Motor Vehicle, Premises Liability, General Negligence, and Loss of Consortium, from an accident wherein plaintiff allegedly collided with a parked service truck while riding his motorcycle. Plaintiff sustained injuries, including a torn ACL and fractured arm as a result of the accident.


Claim:

In excess of $1.3 Million in pain, suffering, and inconvenience, medical expenses, future medical expenses, loss of earnings, property damage, and loss of consortium.


Result:

Dismissal in favor of our City client.


Description:

Plaintiff filed a complaint against our client city for Motor Vehicle and General Negligence from an accident wherein plaintiff was allegedly injured when the vehicle they were driving was struck by a city owned vehicle being operated by a city employee. Plaintiff sustained alleged injuries to their upper back, neck, and shoulders as well as anxiety as a result of the accident.


Claim:

$108,500 in medical expenses, loss of earnings, property damage, and general damages.


Result:

$12,500 settlement on behalf of our City client.


Description:

Plaintiff filed a complaint against our City client for negligence and dangerous condition of public property resulting from an accident wherein plaintiff allegedly fell after tripping on a section of raised sidewalk. Plaintiff sustained injuries, to his right hand, right wrist, hip, and knee as a result of the accident.


Claim:

$52,500 in medical expenses, future medical expenses, pain, suffering, and inconvenience.


Result:

$12,500 settlement on behalf of our City client.


Description:

Plaintiff filed a complaint against our City client for Negligence, and Premises Liability, from an accident wherein plaintiff allegedly fell after tripping on a raised path height differential. Plaintiff claimed to have sustained various injuries, including injuries to his head, face, neck, shoulders, arms, back, and legs among other complaints as a result of the accident.


Claim:

In excess of $1.1 Million in pain, suffering, and inconvenience, medical expenses, future medical expenses, loss of earnings, and loss of future earning capacity.


Result:

Plaintiff settled for nominal $5,000 after receipt of City's Motion for Summary Judgment.


Description:

Plaintiff filed a complaint against our City client for dangerous condition of public property resulting from an accident wherein plaintiff’s vehicle was struck head-on by a vehicle that crossed over the center line of a highway and collided with plaintiff. Plaintiff sustained injuries including a broken left femur, severe damage to both knees, broken right wrist, and a broken left foot and toes. Her vehicle also sustained major front-end damage as a result of the accident.


Claim:

In excess of $2 Million in general damages, medical expenses, special damages, loss of earnings, and loss of earning capacity.


Result:

$27,500 settlement on behalf of our City client with Motion for Summary Judgment pending.


Description:

Plaintiff insurer filed a subrogation claim against our public entity client arising out of damage to the residence of their insured. The damage was caused when a public tree located adjacent to the residence fell into their home.


Claim:

$248,945 in repair and associated costs and expenses paid to plaintiff's insured.


Result:

$10,000 settlement on behalf of our public entity client.


Description:

Plaintiffs filed a complaint against our City client for wrongful death resulting from an accident wherein decedent suffered fatal injuries while riding his motorcycle when he collided with a vehicle at an intersection. The complaint alleged dangerous condition of public property and negligence.


Claim:

In excess of $17.5 Million in general damages, special damages, and past medical expenses.


Result:

$10,000 settlement on behalf of our City client.


Description:

Plaintiff filed a complaint against our City client for dangerous condition of public property resulting from an accident wherein 11 year old plaintiff allegedly tripped and fell while walking on the sidewalk claiming the city failed to maintain the public walkway in a safe condition and city employees created the dangerous condition when they negligently poured the concrete and failed to properly maintain the defective sidewalk. Plaintiff sustained a left hand fracture as a result of the accident.


Claim:

$54,000 in general damages plus past economic.


Result:

$1,000 settlement on behalf of our City client.


Description:

Plaintiff filed a complaint against our client city for Premises Liability from an accident wherein plaintiff allegedly fell after tripping due to an “imperfection of stairs” while descending the stairway at a Metrolink station. Plaintiff claimed to have sustained various injuries, including bilateral knee, leg and right arm injuries as a result of the accident.


Claim:

$383,423 in loss of wages, medical expenses, future medical expenses, and general damages.


Result:

$4,000 settlement on behalf of our City client.


Description:

Plaintiffs filed a complaint against our client city for wrongful death resulting from an accident wherein decedent suffered fatal injuries while riding his bicycle when he collided with on OCTA bus at an intersection. The complaint alleged dangerous condition of public property as well as design defects.


Claim:

$9.9 Million.


Result:

Plaintiff settled for nominal $10,000 after receipt of City's Motion for Summary Judgment.


Description:

Plaintiff filed a complaint against our City client for dangerous condition of public property resulting from an accident wherein plaintiff’s bicycle front tire struck a “pothole” containing a water valve. Plaintiff contended that the water valve was not flush with the street with the effect that a “pothole” was created and resulted in his fall as his front wheel struck the pothole. As a result of the fall, plaintiff suffered two severely broken wrists requiring surgery.


Claim:

1.9 Million in general damages plus $91,000 in medical expenses plus $41,229 in loss of earnings.


Result:

Plaintiff settled for nominal $5,000 after receipt of City's Motion for Summary Judgment.


Description:

Plaintiff filed a complaint against our City client for dangerous condition of public property resulting from the claim of 25-year-old plaintiff for significant injuries she allegedly sustained as a result of a fall she took in a large depression while walking on part of City's unimproved right-of-way.


Claim:

$35,000 in lost wages and $17,572 in medical expenses.


Result:

Plaintiff settled for nominal $5,000 after receipt of City's Motion for Summary Judgment.


Description:

Plaintiff filed a complaint against our City client for dangerous condition of public property resulting from the claim of 65 year old Plaintiff who allegedly fell after tripping on a section of raised concrete which was a driveway approach to a private residence sustaining injuries including left wrist, palm, and knee, in addition to abrasions and bruising to face, as well as facial lacerations requiring sutures to the area around left eye, with claimed resultant facial scarring.


Claim:

$100,000 in general damages.


Result:

$5,000 settlement on behalf of our City client.


Description:

Plaintiff filed a complaint against our City client for personal injuries resulting from the claim of 47-year-old plaintiff who claimed to have been injured when the vehicle in which she was a front seat passenger was struck by a city owned street sweeper being operated by city employee.


Claim:

$250,000 in general damages, medical and related expenses, loss of earnings, past and present, and loss of income from impaired earning capacity.


Result:

$15,000 settlement on behalf of our City client.



Construction Claims/Disputes


Description:

Clients hired a contractor to remodel their home which included the installation of new hardwood flooring. Contractor installed the flooring improperly by failing to protect the new floor installation from moisture beneath the hardwood causing severe cupping throughout the home.


Claim:

Recovery of the $8,402 in initial flooring expense and additional costs to cover the re-installation of new flooring.


Result:

$19,897. A settlement recovery superior to the originally sought $12,500 contractor license bond amount.


Description:

Owner of business had paid the general contractor 97% of all construction funds. Remaining 3% of funds were insufficient to pay all monies outstanding to subcontractors. By timely filing Mechanic's Lien, claims on all bonds, and action to foreclose Mechanic's Lien, we obtained full recovery for our client whereas other subcontractors either received only a small or no recovery.


Claim:

$60,102.


Result:

Recovered 100% of all money due to Client ($60,102) for work performed on private commercial project.


Description:

Client was owed its entire contract amount for underground boring and laying conduits on public project. General contractor and its surety both defaulted on project and filed for bankruptcy protection. Public entity then held only approximately $1 million in construction funds for approximately $2 million of Stop Notice claims. By timely perfecting client’s Stop Notice claim, we obtained almost full recovery for client whereas subcontractors that failed to perfect Stop Notice claims received only a small recovery.


Claim:

$15,370.


Result:

Recovered 92% of all money due to Client on public project with funds insufficient to pay all subcontractors.


Description:

Plaintiff claimed that underground horizontal boring operation by our client caused damage to their telephone utilities and cable. Our client claimed that Plaintiff and their utility locator had failed to properly mark their underground utilities.


Claim:

In excess of $72,000.


Result:

$1,500 settlement on behalf of our client following mediation.


Description:

Client was owed $30,000 for underground boring and laying electrical conduits on project. Defendant refused to pay alleging client was responsible for damaging underground utilities, which Defendant had failed to note in plans and/or mark on site. 1 ½ days into Arbitration, Defendant agreed to settlement.


Claim:

$30,000.


Result:

$80,000 settlement includes recovery of $30,000 owed on contract, plus $50,000 in attorney’s fees and costs client expended in litigation


Description:

Represented Public Entity against asphalt contractor. Claims against our client regarding delay, insufficient/deficient plans and defective work.


Claim:

In excess of $500,000


Result:

$65,000 settlement on behalf of our client.



Warranty/Business Torts


Description:

Breach of contract/fraud based on cancellation of franchise dealership agreement between luxury yacht manufacturer and yacht dealership. Yacht dealership also sought mandatory injunctive relief for order prohibiting cancellation of franchise contract.


Claim:

In excess of $75,000.


Result:

Motion to dismiss granted in favor of our client.


Description:

Represented defendant, a luxury yacht manufacturer in this action with claims of breach of contract / express warranty, implied warranty, Song-Beverly Consumer Warranty Act.


Claim:

In excess of $1 Million.


Result:

Successfully resolved at mediation for $40,000 settlement on behalf of our client.



General Tort/Automobile Liability


Description:

Plaintiff filed a complaint against our city client for personal injuries resulting from the claim of 47-year-old plaintiff who claimed to have been injured when the vehicle in which she was a front seat passenger was struck by a city owned street sweeper being operated by a city employee.


Claim:

$250,000 in general damages, medical and related expenses, loss of earnings, past and present, and loss of income from impaired earning capacity.


Result:

$15,000 settlement on behalf of our City client.


Description:

Plaintiff filed a complaint against our client for personal injuries resulting from an accident wherein plaintiff collided broadside while riding her bicycle into our client's vehicle who was making a U-turn across a roadway. Plaintiff was ejected from her bicycle and sustained injuries including head, neck, and back pain, and abrasions to her lower legs as a result of the accident.


Claim:

$583,500 in general damages. medical expenses, wage loss, loss of use of property, property damage, and loss of earning capacity.


Result:

$56,557 settlement on behalf of our client.


Description:

Plaintiff filed a complaint against our client for property damage and personal injuries resulting from an accident wherein plaintiff's vehicle was struck in a multi-vehicle accident involving our client. Plaintiff sustained injuries including two lacerations to the left cheek, a bruised chest, bruising and cuts to her left knee, and pain in her neck as a result of the accident.


Claim:

$65,000 in general damages, wage loss, loss of use of property, medical expenses, and property damage.


Result:

$10,000 settlement on behalf of our client.



Insurance Coverage


Description:

Large construction defect case involving a 150-unit apartment complex with claims against our client, the steel stud and drywall contractor.


Claim:

In excess of $3 Million.


Result:

Settled after several days of mediation with $450,000 contribution by carriers and $40,000 contribution by our client.


Description:

Plaintiff filed a complaint against our city client for negligence and dangerous condition of public property resulting from an accident wherein plaintiff suffered injuries while riding his motorcycle when he collided with a K-Rail placed across the roadway. Plaintiff sustained left leg fractures of his fibula and tibia as a result of the accident.


Claim:

In excess of $115,000.


Result:

Successfully tendered to co-defendant's insurance carrier under additional insured endorsement in favor of our City client.

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