Samples of Verdicts & Settlements
Car Rear-Ended by Ford 550 - $400,000 Settlement
Our client, a 42 year old Industrial Painter, sustained multiple injuries when his vehicle was rear ended by a Ford F-550 truck at a high rate of speed on eastbound SR-120, in the city of Tracy, California. Our cleint's vehicle was propelled into a ravine and was rendered a total loss. His injuries included a concussion, a left frontal scalp hematoma, a neck sprain with a disc protrusion at C4-5 and C5-6 and multiple abrasions. Our client incurred approximately $70,000.00 in medical expenses. His case resolved at mediation for the sum of $400,000.00.
Car Rear-Ended by Another Vehicle - $800,000 Settlement
Our client, a pharmaceutical manufacturing specialist, was rear ended by defendant's vehicle at a speed of 50 mph while traveling on SR-84, east of Thornton Avenue, in the city of Fremont, California. Our client's injuries included a cervical disc protrusions in the cervical spine, necessitating surgery, as well as a tear of the supraspinatous tendon in the left shoulder, necessitating shoulder surgery. She incurred approximately $90,000.00 in medical expenses and $40,000.00 in lost earnings and she requires future medical care. The defendant's insurance company retained several experts that disputed that our client's injuries were caused by the subject accident, notwithstanding the fact that our client did not have any prior neck or shoulder injuries. The case resolved at mediation for the sum of $800,000.00 on 1/14/2013.
Truck Driver Strikes/Drags Pedestrian in Crosswalk - $1,900,000 Settlement
A truck driver struck and dragged a pedestrian in a crosswalk. Our firm represented the pedestrian and the case ended in a $1,900,000 case settlement.
Working Hits Stopped Vehicle During Delivery - $185,000 Settlement
A worker struck a stopped vehicle during a delivery, resulting in a $185,000 case settlement.
Biker Hit and Killed by MUNI Bus - $500,000 Wrongful Death Settlement
A bicyclist was hit and killed by a municipal transportation bus. The case resulted in a $500,000 wrongful death settlement.
Stop Sign Violation/ Collision
– $3,423,000 Settlement
Motorist failed to acknowledge stop sign and caused an auto accident. The case resulted in a $3,423,000 settlement.
Defective Tire/Blow Out – Brain Injury - $3,000,000.00 settlement in Mediation
A family rented a van from Dollar Rent a Car in Dallas, Texas to journey to California for a family reunion. While crossing Arizona, the rear tire blew out causing the van to go out of control into the median and roll over. Injuries ranged from scrapes and abrasions to fractures. The baby of the family, who was riding in her mother's lap, was ejected and suffered a head injury that resulted in hemiparesis and possible developmental delay. Plaintiffs contended that the tire had been improperly repaired by the placement of a plug in the sidewall and that Dollar either performed the repair or failed to inspect the vehicle prior to renting the vehicle to the family.
Dangerous Roadway/Defective Vehicle - Settled with County of Merced for $1,000,000.00. Settled with Ford Motor Company under a Confidentiality Agreement.
The plaintiff suffered paraplegia when she missed a curve on Franklin Road at Southern Pacific Road in Merced County, California. Plaintiffs' 1994 Ford Escort slid off the roadway into a cow pasture, where it rolled over one time, coming to rest on its wheels. Plaintiff was the seat belted driver of the vehicle. Her passengers, one seat belted, the other not, walked away from the accident. Plaintiff is a paraplegic as a result of the combination of a dangerous and defective roadway and a dangerous and defective automobile. Plaintiff suffered a spinal cord injury at T11/T12, which caused complete obliteration of the spinal cord below that level, leaving her paralyzed.
Gas Pipeline Explosion – Severe Burn Injury - $8,500,000 settlement
A 30 year old laborer was burned over 30% of his body when a high pressure gas pipeline exploded in Walnut Creek after being struck by a back hoe during digging operations. Our client contended the pipeline owner created a dangerous condition of property by failing to have proper maps locating the pipeline and mismarking the location of the pipeline for the dig.
Fraud – Breach of Contract Action - $8,000,000.00 Jury Award
The plaintiff, a self-employed engineer, entered into a verbal agreement with defendant and his company, for the purpose of manufacturing and sales component parts for computer disc drives. The parties agreed to share equally in the profits and losses of the business. After an eight year relationship, the defendants cancelled the partnership agreement and excluded the plaintiff from further profit sharing from a lucrative mulit-million dollar venture. Plaintiff's attempt to informally resolve the dispute was futile and litigation ensued. The plaintiff contended that defendants repudiated the partnership agreement and misrepresented the business profits and charged extensive illegitimate expenses against the partnership business. Defendants contended that plaintiff was not a partner, but only a sales representative.
Pedestrian/Auto Collision - $1,675,000.00 for the plaintiff, $150,000.00 for husband's claim for loss of consortium, $50,000.00 for two year old and $25,000.00 for young girl (Dillon v. Legg Claim)
The plaintiff, a 29 year old mother of three, was struck by a big rig in a marked crosswalk at a busy intersection in the city of San Jose. The plaintiff was pushing her two year old in a baby stroller in the crosswalk, while her daughter was walking ahead of them. The defendant, who was in the course and scope of his employment, failed to stop at the intersection and ran a red light Defendant's truck ran over the plaintiff's leg and dragged her approximately 30 feet, while the baby stroller was dragged for approximately 100 feet before the driver was flagged down by witnesses to stop. The plaintiff sustained multiple fractures upper extremity and lower extremity fractures, as well as, among other things, avulsion injuries to her arm and ankle/foot. She underwent multiple surgical procedures and she requires future care. Her two year old son sustained multiple abrasions/lacerations, as well as significant emotional distress and nightmares.
Pedestrian/Auto Collision - $1,500,000.00 Settled in Mediation
22 year old undocumented alien, having recently come to the United States from Mexico, was struck while walking in a marked crosswalk in the City of San Jose. The plaintiff suffered a closed head injury, with bleeding in the brain and further has cognitive impairments.
Pedestrian/Auto Collision -
$1,250,000.00 Policy Limits Settlement
The plaintiff was walking across B Street, at the intersection of Third Street, in the City of Hayward, in a legally marked crosswalk. As she continued walking, the defendant, Ms Shirley Lee, who was driving her 1991 Mazda vehicle in an easterly direction on B Street, entered the subject intersection and collided into the plaintiff.
Plaintiff's head struck the defendant's windshield after which plaintiff's body was hurled approximately 12 feet east of the crosswalk and was rendered unconscious. The defendant admitted to the investigating officer that she did not see the plaintiff prior to the impact. She further indicated that she entered the intersection at a speed of 18 mph and continued to accelerate until the collision occurred.
Plaintiff's injuries include a skull fracture with paresthesia of the left upper extremity, a left tibial plateau fracture.
Pedestrian/Auto Collision - $525,000.00 Settlement two weeks after mediation
The plaintiff, a married 64 year old self-employed artist, was struck by a vehicle while she was walking in a marked crosswalk in the city of Santa Clara. The defendant indicated that she failed to observe the plaintiff due to the fact that the sun was in her eyes and obstructed her vision. The plaintiff's injuries included a head injury, a fractured leg and a tear in the knee. Defendant admitted liability, but disputed that there were any residual injuries related to the plaintiff's injuries.
Auto versus Truck Collision - $800,000.00 Settlement Just Prior to Jury Selection
A 39 year old mother of three was killed when her vehicle under rode the trailer of a big rig as it was attempting to make a left turn in front of the decedent. The investigating CHP officer held concluded that the mother was negligent and operating her vehicle at an unsafe and excessive speed for prevailing condition. Plaintiffs contended that the truck driver was negligent for not having conspicuity tape properly located on the trailer and for violating the terms of a permit issued by the City of Livermore. Defendants' denied liability and litigation ensued.
Auto versus Big Rig Collision - $2,514,000.0 Jury Award, Plus Costs & Interest. Total Amount Paid - $3,008,000.00
Plaintiff was stopped for traffic in Interstate 95 in the city of Las Vegas. Defendant was employed by and operating a tanker truck owned by Coastal. Defendant's truck crashed into the plaintiff's vehicle from the rear. Defendant was inattentive and violated the basic speed law. In addition, the brakes on defendants' trailer were out of adjustment resulting in a 40% deficiency in braking capacity. Defendants admitted liability, but disputed the nature and extent of the plaintiff's injuries and damages. The plaintiff sustained a herniated disc at the L5-S1 level which required a discectomy. Plaintiff had residual pain and is a candidate for fusion surgery.
Plaintiff demanded: $2,300,000.00 which was later reduced to a $1,000,000.00 policy limit demand
Defendant offered: $350,000.00
COMMENTS: Plaintiff's counsel was misled by defense counsel to believe that there was only one insurance policy covering this incident. On the second day of trial, defense counsel notified plaintiff's counsel that there was an excess policy.
Auto versus Truck/wTrailer Collision –
$2,030,000.00 at mediation
The plaintiff, as 22 year old student, was a passenger in a Honda Civic which experienced a front passenger side flat tire. In response, the driver of the Honda had pulled so far off the freeway, half of the vehicle was straddling the asphalt shoulder and the other half was in the gravel completely off the paved shoulder surface. The emergency flashers were on and the trunk lid open. After a night of drinking with friends, defendant drove his Ford F350 truck to his employer's yard in Brisbane, California, for the purpose of meeting a subordinate employee and to hitch his Ford 350 truck to a Toman trailer owned by his employer. After hitching the trailer, he drove to the job site in Santa Cruz with the subordinate employee following in a second vehicle on I-280.
At a speed of approximately 60 mph, defendant went off the freeway and smashed into the rear of the Honda which had been stopped on the side of the freeway for approximately 15 minutes. The forces of the truck striking the small Honda at this speed demolished the car in which the plaintiff was a rear seat passenger. The plaintiff was later pronounced dead at the scene.
In a later criminal proceeding, the defendant pled guilty to felony vehicular manslaughter and felony driving under the influence causing great bodily injury. He was sentenced to a term of years in a California State Penitentiary.
Defendant employer claimed and continued to contend that the defendant driver was an independent contractor, despite the fact that during discovery proceedings in litigation, there was overwhelming evidence that the driver was an employee of the defendant company at the time of the subject collision and was acting in the course and scope of said employment.
Auto versus Truck Collision -
$1,490,000.00 settlement after two weeks after mediation
22 year old single female sustained serious facial injuries, including a fractured jaw, an orbital fracture, as well as multiple lower extremity fractures, as a result of collision involving a fireman who ran a stop sign and broadsided the vehicle she was a passenger in. Plaintiff required multiple jaw surgeries. Defendant initially contended that he waws a volunteer fireman and was not in the course and scope of his employment. Litigation and discovery revealed that defendant was on call and was responding to an emergency fire at the time that he ran a stop sign at a high rate of speed and violated the plaintiff's right of way.
Auto versus Truck Collision -
Settled for $1,250,000.00 the week prior to trial
This matter arises from an automobile collision that occurred in the City of Cupertino, State of California. The collision occurred when Schindler Elevator Corporation's employee, who was driving northbound on I-280, failed to timely observe slowing/stopped traffic ahead of him, with the result that he crashed into the rear end of the plaintiff's vehicle with such force that her vehicle was propelled forward into a stationary vehicle in front of her resulting in a further chain reaction collision involving three additional vehicles.
The plaintiff, who was 35 years of age at the time of the collision, sustained a cervical disk herniation at the C6-7 level and an incisional hernia. She underwent three surgical procedures: 1) an anterior cervical discectomy at C6-7, anterior cervical foraminotomy at C6-7 bilaterally, anterior fusion using human allograft struts and demineralized home matrix gel, C6-7, and anterior fusion, C6-C7, using Synthes anterior cervical plates and screws; 2) an abdominal ventral hernia repair; and a second abdominal ventral hernia repair when the initial repair failed.
Auto versus Pick Up Collision -
$950,000.00 settlement Plaintiff was driving her vehicle in an easterly direction through an intersection when the defendant pulled into the intersection directly in the path of her vehicle, causing both vehicles to collide. Defendant disputed liability. Plaintiff sustained the following injuries, including the following: Facial scarring and nerve damage necessitating surgery; chin laceration through and through with a 6 cm intraoral laceration; nasal fracture; right mandible degloving injury deformity; head injury; and lumbar dysfunction/herniated disc with radicular pain into both lower extremities. In addition, Ms. Serrano was diagnosed with post- traumatic stress disorder.
Auto versus Truck Collision -
The plaintiff was involved in a collision on US-101 in the City of San Jose, CA. The collision occurred when the defendant lost control of his vehicle, entered into the number two lane of traffic and collided into the plaintiff' vehicle. Defendants disputed liability, and furthermore asserted that the defendant driver was not in the course and scope of his employment. Plaintiff, who was 39 years of age at the time of the collision, sustained a herniated disc at the C5-6 level on the left side, a herniated disc at the C6-7 level on the right side and cervical radiculopathy, necessitating anterior cervical discectomies and fusions at C5-6 and C6-7.
Auto versus Big Rig Collision –
$750,000.00 at mediation
The plaintiff, who was 33 years of age at the time of the incident, was stopped for traffic in the number two lane of US-101, within the county of Santa Clara, when the defendant, who was driving a big rig, changed lanes from the number three lane to the number two lane in an attempt to avoid traffic ahead of him, with the result that he crashed into the right rear portion of the plaintiffs vehicle. The plaintiff's brand new vehicle was totaled. Plaintiff sustained disc herniations in his neck and required a fusion at C4-5 and C5-6.
Auto Collision Involving Disengaged Left Tire of Towed Truck - $1,000,000.00 Policy Limits Settlement
This collision occurred when the left rear tire of the Chevrolet truck that was being towed by Defendant's towing company disengaged from the truck and collided into a vehicle that was traveling northbound on I-5 in the city of Red Bluff. The collision caused the subject vehicle to lose control over the center median, overturn and slide directly into a vehicle that was being driven by the plaintiff on southbound on I-5.
Plaintiff sustained a severe head injury, with fractures and hemorrhaging, facial fractures, a splenic injury, a fractured rib and lung injury.
Forklift Operator - $950,000.00 Settlement
Plaintiff was picking up supplies at an auction when he was struck on the head by a forklift. The driver of the forklift and his company disputed liability and indicated that the plaintiff walked into the forklift when the driver was in the process of dropping the forks. The plaintiff indicated that his back was turned and he was kneeling down, when he was suddenly struck on the head from behind and knocked unconscious. Plaintiff sustained a neck and head injury, with post traumatic encephalomalacia in the inferior left parietal lobe. Defendant's disputed liability and the nature and extent of the plaintiff's injuries.
Staircase/No-Hand Rail - $700,000.00 Settlement
The plaintiff, a plumber, was working on a construction site for a new apartment complex. As he rounded a corner on the second floor, he turned to descend a temporarily constructed staircase when he fell from a distance of 15 feet onto his back. The staircase, in violation of Cal.Osha, did not have any hand rails. Following the incident, temporary handrails were placed on the staircase for safety reasons. The case was litigated and settled before trial in mediation.
Defective Temporary Staircase - $650,000.00 Settlement
The plaintiff, an electrician, was working on a construction site when he fell approximately 10 steps to ground onto his right wrist. Plaintiff contended that the temporary staircase built by defendant manufacturer and then re-assembled and revised by defendant subcontract was defective and non-uniform in each rise and step (height and width) and presented a dangerous condition. Defendants did not dispute that the steps were defective, but took the position that the defect was created by the opposing defendant. The plaintiff sustained a serious right wrist injury, necessitating surgery and hampering the plaintiff's ability to perform his usual occupation. After extensive discovery, two mediations and expert depositions, the case resolved.
Defective Roadway/Solo Motorcycle Collision - $700,000.00 Settlement
Plaintiff, a 43 year old termite inspector, lost control of his motorcycle while changing lanes on Interstate 580 eastbound when the front wheel of his bike slipped into a gap between lanes causing an uncontrollable high speed wobble. Plaintiff suffered multiple
fractures when he hit the guardrail and was ejected from his motorcycle. Plaintiff contended that the road bed had been deteriorating for years and that CalTrans had made inadequate repairs despite knowledge of the dangerous condition.
Medical Malpractice - $1,050,000.00 Just Before Binding Arbitration
34 year old married, mother of 3 underwent a tubal ligation. She was pregnant within four months of undergoing the operation. The child was born with severe genetic defects. Plaintiffs contended that the tubal ligation was performed improperly resulting in insufficient damage to the tube to prevent conception. Damages were claimed for wrongful life/wrongful birth.