Personal Injury Cases
Plaintiff was stopped on MOTORCYCLE and was pushed off his bike by defendant after a “ROAD RAGE” incident. Plaintiff claimed back and neck injuries from the incident, while defendant contended that most of the injuries were related to pre-existing, degenerative spine conditions. Evaluation and resolution involved discussion of AGGRAVATION OF CONDITION AND TRIGGERING EVENT.
Plaintiff was hit by car in a PARKING GARAGE in which he worked as an attendant. Plaintiff brought an action against the management of the garage, claiming that failures in their SECURITY SYSTEM allowed a drunk driver to re enter the garage without detection, and to strike plaintiff causing a serious leg fracture.
FOUR CAR REAR END sequence freeway accident. Plaintiff sustained injuries to neck and upper back and claimed additional injuries to shoulder and nerve in elbow thereafter. Defendants asserted that not all of injuries were related to the accident. Discussions included APPORTIONMENT OF FAULT between the three defendants.
MOTORCYCLIST injured by driver while making a delivery using the UBER platform. Injuries included a FOOT AND ANKLE wound that healed poorly, requiring painful and frequent DEBRIDEMENT procedures to eventually resolve. Other soft tissue injuries and bruises were also sustained.
PREMISES LIABILITY claim in which Plaintiff sustained serious cut to his dominant HAND when he came into contact with a sharp, exposed edge in defendant's store. Injury caused NERVE DAMAGE to plaintiff, who worked as a carpenter.
PREMISES LIABILITY claim in which claimant injured FOOT when decking material slipped from display and fell on it. Fracture occurred, as well as some nerve damage.
PREMISES LIABILITY case in which plaintiff claims to have fallen on an unusually slippery floor in defendant's store. Plaintiff alleges a CONCUSSION , as well as aggravation of pre -existing spinal injuries.
REAR END accident with CERVICAL SPINE injury. Plaintiff was driving for work at the time of the accident, so personal injury claim against the negligent driver also addressed resolution of WORKERS’ COMPENSATION BENEFITS.
HEAD ON AUTO accident in which driver and passenger sustained major orthopedic injuries as well as TRAUMATIC BRAIN INJURY from collision. Defendant admitted liability, but questioned extent of injuries claimed, as well as causation.
PEDESTRIAN V. AUTO case in which plaintiff/mail carrier was hit in cross walk by defendant driver while on her usual delivery route. Plaintiff sustained injuries to both KNEES, neck, shoulder and back. Plaintiff also claimed PTSD resulting from the accident.
MULTI CAR FREEWAY ACCIDENT in which defendant lost control in heavy weather on highway and crashed into plaintiff’s car. Plaintiff claimed EXACERBATION OF PRE- EXISTING CONDITIONS with injuries to her KNEE and SHOULDER, requiring SURGICAL INTERVENTION.
REAR END AUTO ACCIDENT in which plaintiff sustained injury to LOWER BACK AND HIP. Complicated wage loss component centered on difficulty in assessing LOST BUSINESS OPPORTUNITY and business development claim.
REAR END IMPACT AUTO ACCIDENT in which plaintiff claimed to have sustained neck and lower back injuries as a result. Defendant denies CAUSATON OF LOWER BACK INJURIES citing lack of confirmation in medical records.
TRIP AND FALL in darkened stairway with no HANDRAIL. Plaintiff fell down flight of stairs while exiting building in which she had attended a work sponsored social function. The stairway was intentionally kept dark for mood enhancement, however there was no handrail, contrary to REQUIRED BUILDING CODES. Plaintiff injured her shoulder and hip and underwent surgery on the shoulder. Case involved discussion of WORKERS’ COMPENSATION benefits and satisfaction of the COMP LIEN as well as a COMPROMISE AND RELEASE (C & R) of the comp case.
UNDERINSURED MOTORIST claim in which plaintiff was rear ended by driver with insufficient insurance to pay full value of case. Plaintiff claimed neck and back injuries, as well as MILD TRAUMATIC BRAIN INJURY resulting from the accident. Issues discussed and evaluated included SOMATIC SYMPTOM DISORDER and POST CONCUSSIVE residual complaints.
REAR END AUTO ACCIDENT in which plaintiff claimed to have sustained injuries to big toe and foot. Issues included whether a MECHANISM OF INJURY existed to causally connect the accident to the injury, as well as whether the condition was attributable to PREEXISTING ARTHRITIS rather than the impact of the accident.
AUTO ACCIDENT in which plaintiffs were passengers in car driven by a minor who was INTOXICATED while driving. All passengers had attended a party at which alcohol was served. Issues included for LIABILITY OF HOMEOWNER for furnishing alcohol to minors, as well as liability of intoxicated driver.
AUTO ACCIDENT in which plaintiff claims AGGRAVATION OF PRE EXISTING CONDITIONS when she was a passenger in a vehicle involved in a rear end accident. Defendant denies liability and asserts that the accident was caused by an UNSAFE LANE CHANGE made by the driver of the vehicle in which plaintiff was a passenger.
AUTO ACCIDENT in intersection between BIG RIG truck and passenger vehicle. DISPUTED FACT PATTERN led to difficulties in assessing respective fault. Also disputed were reasonableness of treatment and of charges incurred.
DOG BITE incident in which plaintiff gardener was attacked by employer’s pit bull which was inadvertently left loose in the yard when plaintiff came to work. Plaintiff sustained superficial bite wounds which eventually healed. Plaintiff also claimed to have sustained EMOTIONAL TRAUMA resulting in extreme anxiety around dogs which negatively affected his ability to work for employers with dogs.
PRODUCT LIABILITY/NEGLIGENCE CASE in which Plaintiff sustained BURNS to her dominant hand from scalding HOT WATER purchased at a cafe. Plaintiff claimed that the burns resulted in permanent damage to her ligaments and nerves, and that this damage was particularly significant because of her profession as a pianist and music professor.
MULTI VEHICLE high speed accident in which 5 people were seriously injured. Issues centered on whether driver was within COURSE AND SCOPE of his employment at the time of the accident. Also involved substantial INSURANCE COVERAGE issues centering on PERMISSIVE DRIVER status and NON-LISTED VEHICLE EXCLUSION.
PERSONAL INJURY/PREMISES LIABILITY case in which plaintiff fell in store after toe of shoe caught on item protruding from shelf. Plaintiff FRACTURED BONES IN FOOT and claimed to have developed arthritis as a result.
PREMISES LIABILITY case in which claimant sustained INJURIES TO HAND from broken ceramic planter on defendant's property. Injury required surgical repair to a severed tendon to restore full function to claimant's hand.
AUTO ACCIDENT in which defendant ran through STOP SIGN and hit plaintiff who was traveling on state highway. Plaintiff’s injuries included torn ROTATOR CUFF and fractures to ankle. Nature and extent of general damages was in significant dispute.
RESIDENTIAL CARE ELDER FACILITY (RCEF) negligence in fall by resident after facility was evacuated for fire. Plaintiff broke her arm and claimed lack of supervision coupled with inadequate follow up care which resulted in several transfers to other care facilities. Family claimed that patient suffered serious COGNITIVE DECLINE following the incident and attributed this decline to the conduct of the facility.
Incident involving NEIGHBORS’ OFF LEASH DOG that charged plaintiff’s dog while walking in the neighborhood. Plaintiff fell during the altercation and sustained a fractured tibia. Thereafter, she developed shoulder pain from long term use of crutches. Issues discussed included NEGLIGENCE PER SE for violation of County Leash Law.
UNINSURED MOTORIST claim where claimants alleged neck and back injuries as a result of a rear end collision. Issues involved causation, gaps in treatment and PRE-EXISTING CONDITIONS.
Plaintiff/motorcyclist was INJURED when he was struck by a car while crossing a center left turn lane. Issues centered on which party had the right of way, and how long defendant had occupied the center lane.
Plaintiff suffered a WORKPLACE ACCIDENT resulting in injury to his shoulder. When he filed suit against the allegedly negligent party, the carrier denied coverage and failed to defend the suit. Plaintiff thereafter obtained a judgment against the negligent party, and was assigned the right to pursue the carrier on a BAD FAITH CLAIM. The carrier alleged there was NO COVERAGE and no DUTY TO DEFEND, based on the language of the insurance contract. The plaintiff disagreed and alleged the contract was susceptible to multiple interpretations, thereby creating the possibility of coverage. The case also involved negotiation with the WORKERS’ COMPENSATION carrier which had paid benefits to the plaintiff.
Elderly plaintiff involved in high speed auto accident brought suit after developing THORACIC OUTLET SYNDROME causing loss of strength and mobility. Issues involved extent of plaintiff’s disability, and impact on quality of life.
TRIP AND FALL on curb adjacent to handicap ramp in parking lot. Plaintiff sustained KNEE INJURIES for which surgery was necessary. Significant issues of COMPARATIVE FAULT and possible CODE VIOLATIONS existed.
TRIP AND FALL on curb adjacent to HANDICAP RAMP in parking lot. Plaintiff sustained KNEE INJURIES for which surgery was necessary. Significant issues of COMPARATIVE FAULT and possible CODE VIOLATIONS existed.
PREMISES LIABILITY Settled case in which Plaintiff TRIPPED ON DEFECT in City sidewalk, resulting in a broken bone in her foot. Issues revolved around APPORTIONMENT OF FAULT AND POTENTIAL INDEMNITY between City and property owner, as well as COMPARATIVE FAULT against plaintiff for not seeing the defect.
PERSONAL INJURY/UNINSURED MOTORIST/BRAIN INJURY Settled first party claim in which claimant alleged TRAUMATIC BRAIN INJURY AND POST CONCUSSIVE SYNDROME after being hit by a drunk driver. Validity of Neuropsychological testing and competing medical evaluations were among issues contested.
BICYCLE ACCIDENT/BRAIN INJURY Settled bicycle accident case in which plaintiff suffered head trauma after being knocked off her bicycle by a utility wire. Claims of TRAUMATIC BRAIN INJURY and PERMANENT COGNITIVE IMPAIRMENT were disputed by defendants.
AUTO ACCIDENT case wherein plaintiff was a passenger and claimed to have suffered a concussion with significant and continuing residual effects. Plaintiff's damage analysis was based on a theory of aggravation of pre-existing SOMATIC SYSTEM DISORDER, (SSD) Plaintiff alleged manifestation of physical symptoms caused by her diagnosed SSD. Also claimed were consequential damages to future career opportunities.
Plaintiff walked into a stack of lumber left on his property during a CONSTRUCTION PROJECT and sustained a large gash to his shin area. Plaintiff claimed that contractor was negligent in leaving lumber in a pathway on his property. Contractor claimed plaintiff himself was negligent for not using a light to ascertain where any materials had been left before walking onto project area at night.
Claim of MILD TRAUMATIC BRAIN INJURY sustained as a result of fall in WHEELCHAIR while plaintiff was being transported in specially equipped transit van. Claimant alleged that van driver improperly secured wheelchair, allowing it to flip backwards on a sharp turn. Claimed injuries include mild cognitive impairment, PTSD, and recurring headache.
WRONGFUL DEATH action brought by longtime partner of decedent who died after being struck by truck while on her BICYCLE. Dispute centered on issue of whether plaintiff had STANDING TO SUE under California statute limiting standing to legal spouses. Plaintiff claimed that the relationship satisfied requirements for a VALID MARRIAGE under common law of another state, in which the couple had previously resided. Case settled after mediation and evaluation of these claims.
TRIP AND FALL on alleged defect in sidewalk in front of business property. Plaintiff sustained damage to foot and ankle, including fractures. Defense claimed COMPARATIVE FAULT, PRE-EXISTING CONDITON and FAILURE TO MITIGATE damages. Case settled two months before trial.
TRIP AND FALL on business property when plaintiff was led through landscaped area by salesperson. Elderly plaintiff fell, incurring DENTAL AND FACIAL injuries. Case evaluation included discussion of impact of injury on the emotional well- being of an ELDERL PERSON.
AUTO ACCIDENT case in which plaintiff sought damages for post concussive syndrome and related transformed migraine syndrome. Defendant disputed causation of these damages, as well as alleged dental injuries resulting from the accident. Issues included discussion of mechanism of injury and diagnosis of concussion without external trauma.
AUTO ACCIDENT case wherein plaintiff was a passenger and claimed to have suffered a concussion with significant and continuing residual effects. Plaintiff's damage analysis was based on a theory of aggravation of pre-existing SOMATIC SYSTEM DISORDER, (SSD) WHERE SHE GENUINELY BELIEVES SHE SUFFERED A TRAUMATIC BRAIN INJURY. Plaintiff alleged manifestation of physical symptoms caused by her diagnosed SSD. Also claimed were consequential damages to future career opportunities.
BICYCLE ACCIDENT /PREMISES LIABILITY case against PUBLIC ENTITY for alleged defects in storm drain which plaintiff claimed caused bicycle tire to become wedged in storm drain grate. Case settled against public entity and construction company that installed drain and grate.
Settled TRIP AND FALL case which alleged DEFECTIVE SIDEWALK resulting in hazardous condition to pedestrian. Negotiations included dispute between City and adjacent property owner regarding ownership of trees which allegedly caused defect in sidewalk, and responsibility for maintaining sidewalk in safe condition. Plaintiff sustained injuries to ankle and knee with claims of residual problems.
Mediated case alleging MILD TRAUMATIC BRAIN INJURY after plaintiff was involved in altercation with security guard in a nightclub. Issues raised included ASSAULT and EMPLOYMENT/CONTRACTOR STATUS. In addition, COVERAGE questions were addressed.
Settled case for CIVIL BATTERY with allegations of resulting emotional distress after altercation between woman and man who had a prior romantic relationship.
Settled WRONGFUL DEATH case for family of 98 YEAR OLD decedent who died from injuries sustained in accident between truck and decedent on MOTORIZED SCOOTER. Seven figure settlement was obtained on behalf of widow and five adult children. Decedent’s ADVANCED AGE and possible COMPARATIVE FAULT added to difficulty of settlement.
Personal injury action for TRAUMATIC AMPUTATION of finger by horse bite. Plaintiff alleged that both the horse owner and the ranch were NEGLIGENT and/or STRICTY LIABLE when a horse bit off the end of plaintiff's finger while under defendants' care and control. Issues included evaluation of whether owner knew or should have known that horse exhibited dangerous propensities.
Settled HIGHLY EMOTIONAL PREMISES LIABILITY case brought by building tenant who SLIPPED AND FELL on recently waxed floor in her place of business. Plaintiff’s particular emotional and physical status resulted in high damage claims, and made settlement challenging.
Settled PREMISES LIABILITY case brought by 97- year old resident of ASSISTED LIVING FACILITY for injuries claimed when automatic door malfunctioned and closed on her, causing her to fall. Plaintiff claimed that her injuries caused a dramatic decline in her quality of life. Analysis involved evaluation of life care plan for a person of ADVANCED AGE.
Settled PREMISES LIABILITY case for trip and fall on CRACK IN SIDEWALK owned by City and maintained by local business. Plaintiff claimed that injuries to her face and eye resulted in PERMANENT DISFIGUREMENT requiring plastic surgery.
Settled MOTORCYCLE V. AUTO case in which plaintiff claimed that injuries to his hand effectively ended his career as a musician. Damage computation was hotly contested as speculative, and plaintiff claimed to have suffered severe emotional trauma.
Settled auto accident case in which plaintiff collided with defendant’s DISABLED VEHICLE that was stopped in center divider of highway. Disputed liability focused on whether plaintiff should have seen stalled car and avoided impact.
Obtained seven figure settlement for TRAUMATIC BRAIN INJURY in SLIP AND FALL case where plaintiff hit his head on concrete during an altercation. Issues involved blood alcohol content, use of excessive force in self-defense, and whether incident took place in COURSE AND SCOPE of defendant’s employment.
Settled WORKPLACE ACCIDENT case in which a window washer sustained serious injuries after a fall. Addressed issues of employer compliance with safety regulations, INDEPENDENT CONTRACTOR relationship and licensure requirements.
Settled BICYCLE ACCIDENT case in which cyclist was hit by elderly motorist. Issue of damages was challenging because of plaintiff’s use of alternative therapies.
Settled AUTO ACCIDENT case involving UBER DRIVER and off duty police officer in which lost income claim presented unique challenges.
Settled AUTO ACCIDENT case where issue of AGGRAVATION OF PRE EXISTING CONDITION caused more significant injuries than otherwise would have been expected.
Settled SLIP AND FALL in grocery store in which elderly customer claimed store should be held to stricter standard due to layout and nature of displays.
Settled PREMISES LIABILITY case involving slip and fall outside of RESTAURANT AND BAR. Issues involved responsibility for maintenance of beach area within city’s jurisdiction.
Settled case for CIVIL BATTERY with allegations of resulting emotional distress after altercation between woman and man who had a prior romantic relationship.
SLIP AND FALL on water in a basketball court from a leak in the roof. Property owner claimed comparative fault against plaintiff, who removed the caution sign and should have known of the leak. Defendant also claimed that a subsequent re-injury was unrelated to the original incident, and was not defendant's responsibility.