AUTOMOBILE COLLISION LITIGATION Rivera v. San Fernando Valley Automotive - Tom Beck and Greg Vanni achieved a total settlement of $7,250,000 for three clients who were injured in a collision with a pick-up truck. The case was heavily disputed by the defense and substantial litigation was required to achieve this result for the two minor children and their grandmother, who were injured in this crash. Summerfield v. State Farm - Greg Vanni recovered a total amount of $1,538,100 for a client who suffered a back injury and required surgery as a result of an automobile accident. A settlement was first achieved with the negligent motorist's insurance company for $100,000, and then an underinsured motorist claim was filed with the client's insurance company, State Farm. State Farm offered only $20,000, so the case proceeded to binding arbitration, resulting in an additional $1,438,100 award. Heimbuch v. Confidential Defendant - Greg Vanni's client was a back seat passenger in a vehicle that was rear-ended by a negligent motorist. As a result, our client suffered a fractured neck but was able to avoid surgery. The insurance company refused to offer a fair settlement, and so the case proceeded to binding arbitration, resulting in a total arbitration award of $1,210,173.13. Fox v. Confidential Defendant - Greg Vanni was able to obtain a full policy limits settlement of $1 million for his client, who was struck by a negligent motorist while the client was in a crosswalk. The client sustained a severely fractured ankle and required multiple surgeries. Felder v. Fleming – Kevin Callahan recovered $1,500,000 for the client who was injured when defendant driver made a left turn in front of his vehicle. As a result of the accident, plaintiff suffered a fractured femur that required surgery and made his return to his prior union dockworker position questionable. Gardner v. Confidential Defendant - This case involved a moderate automobile collision in which liability was disputed. The defendant carried only a $100,000 liability policy. After successful negotiations during a lengthy mediation process, the case settled for one million dollars above the $100,000 policy limits. Greg Vanni was able to convince the defendant’s insurance carrier to pay the full amount of the damages, despite the limited insurance coverage. Garcia v. Confidential Defendant - This case, which resulted in a $1 million settlement, involved a tow truck driver who was struck on the freeway and severely injured by a drunk driver. The drunk driver carried only a $25,000 liability policy. Greg Vanni was able to convince the drunk driver’s employer to pay $1 million towards settlement of this case, despite the fact that the defendant was driving his own personal vehicle on a personal errand when the accident occurred. Davis v. Confidential Defendant - This case involved a moderate automobile accident that occurred on the freeway. The plaintiff got out of his car and went to the assistance of one of the injured victims from the crash. While assisting one of the victims, plaintiff was struck on the freeway by another motorist. The plaintiff suffered a serious leg fracture that required surgery and hospitalization. Greg Vanni achieved a settlement of $750,000, despite a vigorous defense in which liability was hotly disputed. Ellis v. Confidential Defendant - This case involved a car collision that resulted in multiple fractures and surgery for an 80-year old client. Greg Vanni successfully negotiated a settlement of $750,000. Hofmann v. Connex West - Kevin Callahan recovered $575,000 for a woman injured when she was bumped off a commuter bus at Los Angeles Union Station. After loading the bus, the operator experienced mechanical difficulties before leaving the station. He pulled over and left the bus, failing to inform the passengers what the reason for the stoppage was, contrary to company policy. When the passengers eventually got off the bus, there was a push to the rear exit door and plaintiff was jostled and lost her balance, falling from the bus onto her back. She was taken from the accident location to the hospital. Physicians were unable to identify the cause of her ongoing back pain, and MRI tests showed no disc abnormalities related to the trauma. Plaintiff was administered epidural injections and had an adverse reaction to the steroid, causing multiple systemic changes and problems. An independent witness at the scene of the accident supported defendant’s contention that the bus was not inappropriately abandoned and also claimed that she saw the plaintiff fall and she simply missed a step on the rear exit stairway, that she was not pushed. This was disputed by plaintiff. Defendant made no significant offers during the litigation, contesting both liability and damages. On the eve of trial, new counsel was brought into the case by the defendant and a settlement was reached. PREMISES LIABILITY LITIGATION Grassi v. UDO - This case involved a heavily disputed trip-and-fall accident resulting in severe personal injury to the plaintiff. At trial, the defendant disputed virtually every aspect of the case, including liability and the severity of the plaintiff’s injuries. The case proceeded to a 5-week jury trial. Tom Beck and Greg Vanni obtained a record jury verdict of $6.65 million for a trip-and-fall case. Schotz v. Miyagi’s Restaurant – Dan Powell obtained a verdict in the amount of $1,011,321 in an assault and battery case. Mr. Schotz was a patron of Miyagi’s Restaurant. When he left the restaurant on the night in question, he was assaulted by employees of a valet service hired by Miyagi to park patrons’ cars. The jury found that Miyagi was negligent in its hiring and retention of the valet service. Mr. Schotz suffered head trauma requiring surgery to treat a subdural hematoma. Rojas v. Confidential Defendant – Kevin Callahan recovered $850,000 in a slip-and-fall case against the restaurant whose bathroom floor the client slipped on. Plaintiff was a customer of defendant’s restaurant and slipped and fell on a wet bathroom floor, the tile being non-slip. A sign warning of the slippery nature of the wet floor was present in the bathroom and subsequent coefficient of friction tests of the floor determined it to be in appropriate/safe ranges. Plaintiff never lost consciousness after the accident. Within a short time, plaintiff experienced severe headaches, memory problems, speech problems, fatigue and depression, and was diagnosed with a mild traumatic brain injury. As trial approached, all experts agreed, including the plaintiff’s medical experts, that plaintiff no longer suffered from a brain injury. Plaintiff’s ongoing cognitive problems were associated with a psychiatric “transference” or “mirroring”. Plaintiff’s injuries caused him to incur more than 2 years of lost income from his prior employment in the petroleum industry and uncertain future lost income. Peralez v. Confidential Defendant - Plaintiff and her family were at a local movie theatre when her chair suddenly collapsed in the middle of the movie, resulting in a back injury requiring surgery. Greg Vanni achieved a settlement of $540,000. Green v. Coman - Michael O'Connor obtained a settlement of $185,000 for his client who was injured at his apartment complex. Client tripped over an unfinished planter box outside his apartment unit and suffered a torn patella tendon that required surgery. Client's past medical expenses totaled approximately $20,000. PRODUCTS LIABILITY LITIGATION Gibilisco/Huizar v. Thomason Mechanical Corporation, et al. - This tragic accident involved a huge conveyor system that suddenly collapsed, resulting in the death of one client and paralysis of another. The case proceeded to a 7-week jury trial, which was won by Tom Beck and Greg Vanni. At the conclusion of the case, a total recovery for the clients was obtained of $23.2 million. Duque v. Confidential Automobile Manufacturer - Tom Beck and Greg Vanni represented four clients who were severely injured in a passenger van rollover accident. This complicated products liability case proceeded to trial, but was settled before the jury was impaneled for $5 million. Sandoval v. Winkler Forming and Lyle Industries – Kevin Callahan recovered $900,000 for the client from his employer and the manufacturer of a ‘trim press’ machine he used in the course of his employment. Plaintiff lost a portion of his left (minor) hand when he reached into the machine to clear a jam, contrary to training and warnings present on the machine. Disputed evidence indicated that a co-employee removed the safety guard, thereby allowing a claim under Labor Code section 4558 (knowing removal of punch press safety guard by management employee). The product manufacturer failed to integrate potential cut-off technology that would have prevented the machine from operating without the safety guard in place. CONSTRUCTION SITE ACCIDENT LITIGATION Schlock v. Frith-Smith Construction – Kevin Callahan recovered $5 million for the husband and wife (wife asserted a claim for loss of consortium) clients when the husband, who was the construction site superintendent was injured as a result of an impalement through his face on uncapped rebar. Plaintiff (who as site superintendent had overall site safety responsibilities) had seen and recognized the rebar in the hours before the accident, but had failed to demand corrective action. He was walking across an unsecured piece of wood immediately adjacent to the footing excavation where the unsecured rebar was present, when the wood wobbled and he lost his balance, falling into the rebar. He was taken to Los Angeles County-USC Hospital where he later experienced a stroke, partially paralyzing his right side and making communication difficulty.[Note: see related Schlock vs. County of Los Angeles--$1,500,000 Medical Malpractice recovery against County of Los Angeles for the failure of Los Angeles County medical facility failure to properly treat a diagnosed condition that led to a stroke suffered by plaintiff William Schlock] Simental v. Eli Jr. Pumping – Kevin Callahan recovered $1,185,000 for the client who suffered leg amputation (at the knee) as a result of a work-related accident. The defendant’s general liability policy precluded coverage for employees and plaintiff was employed by his brother, the owner of the defendant company. Additionally, plaintiff had worked on the equipment on numerous occasions before and was familiar with the risks of the job and machine. Finally, there was no firm evidence that the defendant knew or had reason to know of the structural weakness of a component of the machine, which was 50-60 years old at the time of the accident. The defendant therefore contested liability and a risk existed that continued litigation might result in sufficient evidence to both defeat liability on negligence grounds and result in a valid contest on insurance coverage. The full policy limit settlement was obtained. Additionally, a $185,000 settlement was obtained from the property owner (avoiding a motion for summary judgment without e3vidence of affirmative negligence to defeat the motion). MEDICAL/LEGAL MALPRACTICE LITIGATION Sheppard v. Hasio Shaw, M.D. – Dan Powell obtained a verdict in the amount of $6,345,543 in an Erb’s/Brachial Plexus case. The jury found that Dr. Shaw was negligent in his prenatal management and his delivery technique causing severe and permanent injuries to the newborn’s right arm. Gerrero v. Carreon, M.D. – Dan Powell obtained a verdict in the amount of $4,756,872 for the plaintiff. The jury found that Dr. Carreon was negligent in causing and managing post-operative bleeding after a C-section leading to the mother’s death. Hsieh v. Foong – Dan Powell obtained a verdict of $ 8,357,921.00 for the plaintiff. The jury found that Dr. Foong was negligent in failing to timely respond to the requests from nursing personnel to come to the hospital and treat Mrs. Hsieh for labor complications. The patient was suffering from chorioamnionitis and needed to be delivered immediately. The jury found that Dr. Foong negligently delayed in performing the emergency C-section and that had he intervened sooner, the injuries would have been avoided. The jury found that the baby suffered profound and permanent brain injury and would need lifetime care. Whiteside v. St. Bernardine Medical Center – Kevin Callahan recovered $3 million for the husband and wife clients in a medical malpractice action against a hospital whose medical staff failed to promptly diagnose and treat a myocardial infarction suffered in the telemetry unit while he was under observation post cardiac stenting. Plaintiff had been rushed to the hospital after testing at Kaiser determined he required immediate stenting of his left anterior descending artery. After the surgery was performed, he immediately began experiencing severe midline chest pain and his wife who was present requested the nurse call a doctor. Eventually, at the request of the on-call doctor, a “stat” ECG was performed which indicated cardiac abnormalities. Contrary to the on-call doctor’s request, he was never apprised of these abnormalities and therefore assumed until he saw the ECG printout the following morning that it was normal. Plaintiff’s life was saved when the physician rushed him into the cath lab for a rescue angioplasty. However, it was contended by plaintiff that the delay caused significant heart muscle damage, which made his return to employment as a vice-chancellor of a community college district unlikely. Malko v. Tooma, M.D. – Dan Powell obtained a verdict of $1,009,837 for the plaintiff. The jury found that Dr. Tooma was negligent in his failure to timely diagnose and treat bacterial emdophthalmitis. The jury found that Dr. Tooma’s negligent failure to diagnose the infection led to blindness and subsequent enucleation of the plaintiff’s right eye. Lynn v. United States of America – Dan Powell recovered $1 million for the plaintiff and his spouse. In this case, the Veteran’s Administration failed to follow national protocols concerning the detection of colon rectal cancer. As a result of the V.A.’s negligence, the patient’s signs and symptoms of colon rectal cancer went unrecognized. When the patient was diagnosed, he had advanced cancer requiring extensive surgery and medical treatment. Phillips v. Confidential – Dan Powell obtained $876,509 for the plaintiff. In this case, the plaintiff retained an attorney to represent him in an underlying medical negligence case. The attorney obtained a substantial recovery but negligently failed to perfect a claim against the defendant County of Riverside. As a result, the plaintiff was unable to obtain a full recovery for the medical negligence claim and made a claim against her negligent attorney. Townsend v. Bender, M.D. – Dan Powell obtained a verdict for plaintiff in the amount of $819,999. The jury found that Dr. Bender was negligent in placing the patient on flutamide to treat his prostate cancer and not do routine liver function tests. As a result, the patient suffered severe liver damage and liver failure as a result of flutamide toxicity. The jury found that if Dr. Bender had performed the mandatory liver function test, he would have discovered that the patient was adversely reacting to flutamide and should have switched to another therapy. Neal v. Loma Linda University Medical Center – Dan Powell recovered $800,000 for the family of Dr. Neal, who was admitted to the defendant’s medical center for hip replacement surgery. After surgery, the patient suffered an aspiration complication. Rather than treat the condition, the patient was negligently allowed to suffer a second aspiration event, which resulted in his death three months later. Herron v. Neelappa – Dan Powell obtained an arbitration award for the plaintiff in the amount of $718,794. The arbitration panel found that Dr. Neelappa was negligent in his failure to timely diagnose and treat bacterial pneumonia, leading to the patient’s death. Province v. Confidential M.D. – Dan Powell obtained $500,000 for the plaintiff. In this case, the defendant negligently failed to follow-up on a routine pre-operative chest x-ray which disclosed a 5cm mass. The delay in diagnosis allowed the lung cancer to spread to a point where it became inoperable. Velez v. County of San Diego – Dan Powell obtained $500,000 for the plaintiff. In this case, the child was placed on isoniazid to treat a suspected tuberculosis infection. The patient’s delivered signs and symptoms of liver toxicity went unrecognized. As a result, the patient suffered severe and permanent liver damage and underwent a liver transplant. Gonzales v. Heard M.D. – Dan Powell obtained a verdict of $285,000 for the plaintiff. The jury found that Dr. Heard negligently failed to diagnose and treat an esophoged perforation, leading to mediastinitis, requiring a prolonged hospital stay and repeat surgeries. Rahmatulla v. Kaiser Foundation Hospital – Dan Powell obtained an arbitration award in the amount of $250,000, the maximum amount allowed by California law. In this case, the arbitration panel found that the defendant failed to timely diagnose and treat plaintiff’s cauda equina syndrome, and as a result of the delay, the patient suffered bowel and bladder dysfunction. Mitchell v. US Family Care – Dan Powell obtained a verdict for the plaintiff of $200,000 for emotional distress. The jury found that the defendant physicians were negligent in telling the plaintiff that a lesion on his penis was the result of herpes. The plaintiff in fact had a sebaceous cyst, which was easily and permanently removed when the correct diagnosis was made. The plaintiff believed that for approximately two years he was suffering from an incurable disease and blamed his unsuspecting girlfriend for the infection. Phillips v. Kaiser Foundation Hospital – Dan Powell obtained an arbitration award of $200,000 for the plaintiff. The arbitrator found the Kaiser physician, Dr. Dilibero, negligently failed to anatomically reduce the plaintiff’s elbow fracture, leading to permanent dysfunction. Schlock vs. County of Los Angeles--Kevin Callahan recovered $1,500,000 for the husband and wife (wife asserted a claim for loss of consortium) clients against a County of Los Angeles medical facility. Upon admission for treatment of a construction injury, a CT of the head was performed which revealed bone fragments near the carotid canal. Further detailed angiogram tests were ordered but not performed. Plaintiff shortly after suffered a stroke. Defendant contended that the timing of the stroke made clear that performance of the angiogram would not have allowed timely diagnosis or treatment to avoid the stroke. As a result of the stroke plaintiff suffered partial paralysis of his right side and difficulty communicating. [Note: see related Schock vs. Frith-Smith--$5,000,000 construction site accident recovery against contractor for dangerous condition of rebar on construction site contributing to underlying accident and facial injury leading to admission to Los Angeles County medical facility].
INSURANCE BAD FAITH Bastida v. Confidential Insurance Company – Kevin Callahan recovered $500,000 for a client in a bad faith claim against the insurance company of a driver who rearended plaintiff, causing life-threatening injuries. The defendant in the underlying action carried only a $15,000 automobile insurance policy. While driving under the influence of alcohol, the rearended plaintiff’s vehicle, causing multiple injuries requiring extended hospitalization. The defendant’s insurance company rejected a statutory offer to compromise served by plaintiff’s counsel, jointly for the $15,000 bodily injury limits and $7,500 for the property damage to plaintiff’s vehicle. Defendant’s insurance company was willing to pay the $15,000 bodily injury limit, but contested the reasonableness of the property damage demand. After the offer to compromise lapsed, a stipulated judgment in excess of the policy limits was entered and the bad faith litigation ensued. DOG BITE/ATTACK Ertel v. Confidential Defendant In this case, Greg Vanni successfully negotiated a $300,000 settlement for a woman who was knocked down in her neighborhood by a dog that had run into the street. |