Client was a 36 year-old investigator with history of prior shoulder surgery and related neck pain who was rear-ended by uninsured motorist. No ER care was needed, but he developed increasing low back pain. An MRI noted transverse process fractures(non-operable) at L3 & L4. Aquatic therapy gradually relieved the low back pain over several months. Client was off work 2 months and incurred $15,000 in medical liens. Case resolved for $90,000

Firm's clients stayed at OC hotel during their honeymoon. While partying in the large suite jacuzzi, wife thought she heard scratching on the wall. Husband left room to investigate, and saw a crawl space in the unlocked utility room next door adjacent to the jacuzzi pump. An alleged "peephole" was detected in the adjoining wall into the jacuzzi suite, although there was no hard evidence that anyone had been in the crawl space or that the pinhole was in fact a "peephole". Firm recovered $140,000 for invasion of privacy for couple.

Firm's client was a 9 year-old boy with coordination issues. His mother took him to a friend's house but specifically asked the parent not to allow her son on the trampoline. Client's mother left for a short time, whereupon the boy climbed up on the trampoline with his friend without objection, and fell off while jumping, fracturing his elbow. Fracture required two surgeries to repair. $225,000 recovered for negligent supervision and premises liability issues.

The firm represented a 68 year-old gentleman who had sudden onset of back pain and was diagnosed with gallstones. A laparoscopic procedure was used to remove the gallbladder, during which the surgeon inadvertantly tied off the common bile duct rather than the cystic duct, resulting in severe jaundice. Two subesquent surgeries were required to reattach the bile duct. The client had to use a bile bag for two months and was bedridden for four months. The firm recovered $250,000 from the defendant surgeon's insurer.

High school senior and soccer player was injured during practice when she tripped and fell into a metal gate placed near the soccer field to divert runners out of number 1 track lane. Plaintiff alleged a dangerous condition of public property against the district resulting in a fracture of her jaw. Case resolved at mediation prior to trial for $110,000.00.

Signed liability releases by "recreational" particpants in advance of their injuries are now widely upheld in CA. Even where the "recreation" was an aerial flight in a sightseeing plane, and a "common carrier" standard of care was asserted, a CA appellate court (Booth v. Santa Barbara Biplanes, LLC, 2008) upheld a signed release/waiver  by the passenger who was severely injured when the plane crashed due to negligence of the pilot. Only objectively essential services or necessities cannot be released or waived in advance of the injury causing event, so be careful what you sign before bungy jumping or parachuting.

A recent court decision ( Mcgarry v. Sax, 2008) held that spectators injured by "product tosses" at ball games assume the risk of such injuries. If you're at one of these events, and the crowd mobs you for the product shot in your direction, don't look to the owners to compensate you for your fractures.

A recent appellate court decision (Gilmer v. Ellington, 2008) affirms that drivers who are stopped in a through traffic lane and wave a left-turning motorist to cross in front of them have no liability to the injured driver hit in the next lane over by the left-turning driver! Wave them into oncoming traffic with no liability- so watch out for cars stopped in through traffic lanes ahead of you.

Recent Orange County appellate case affirms that employer MAY be liable for criminal assaults of employee while on duty under agency theory. Defendant employer was granted summary judgment after employee in retail store attacked customer who allegedly bad-mouthed his employment skills while seeking help with a product. Appeals court overturned judgment for employer, stating it was a factual question for jury as to whether the attack was predictable in retail environment in light of all circumstances, even though employee was charged with criminal attack.

Client was fishing in a dingy in harbor at anchor near a restricted area. Another vessel exiting harbor struck the dingy, causing  55- year old man to fall off dingy into water. Client had prior laminectomy 3 years previous with DDD, and had just returned to work months before incident. One year post-accident plaintiff underwent cervical fusion, 18 months later a lumbar fusion, although he remained able to work for 12 months following incident. Causation for injuries contested, case settled after expert depositions prior to trial for $500,000.00

Our client was a 70 year-old gentleman who showered  in the men's locker room after playing golf and walked directly over to the jacuzzi. He slipped and fell on the wet tile flooring at the jacuzzi, fracturing his hip, requiring a pin. He made a  recovery that enabled him to travel the U.S. three months later and resumed his weekly golf  6 months later. There had been reports to the club management that the tile floor was too slippery when wet, and attempts to score the tile were made, but unsuccessful. The matter was resolved at mediation for $87,500.00, with Medicare settling for a reduction on its $7,000 medical lien.

60 year old diabetic walked up a slight incline grass slope at a park to enter baseball field. Following game he exited through same area and slipped on grass slope worn away by pedestrian traffic. Plaintiff sustained fracture of his ankle and prolonged swelling due to diabetic condition. Diagnosed after ankle fracture with onset of early dementia. Case resolved for $50,000 at mediation prior to trial.

The firm represented a 45 yr.old woman who sustained a fractured tibia and fibula and 3 lost teeth when an 80 yr.old lady pulled a left turn directly into her path in Carlsbad. The defendant was underinsured ($100,000 policy limits) but owned a condo free and clear. Plaintiff did not have UIM coverage available to her. Plaintiff had a $65,000 Kaiser lien for medical care. The case was resolved at mediation for a $60,000 personal contribution from the defendant plus the policy limits after Kaiser agreed to accept $30,000 to satsify its lien and the defendant's insurer agreed to pay $25,000 on husband's negligent infliction of emotional distress claim/BI claim. He was seen at Kaiser on one occasion with no treatment or x-rays given.

Our client was a young adult that witnessed a young man at a party take something from the home and leave. The client pursued the defendant in his car, following him to a "dead- end". The defendant turned around after the client exited his vehicle and stood in the street. As the defendant approached in his car, the client had to jump out of the car's path and hit his shoulder on the ground, jarring his neck. The client sustained a ruptured cervical disc injury requiiring a cervical fusion with good post-operative results. The matter settled at mediation prior to trial for $275,000.00.

The firm settled a dog bite case on behalf of a 27 year-old single lady who was attacked by an Akita and bitten on the mouth while at the owner's house. She had known the dog for years and was petting it during a party when it suddenly lunged at her face, tearing her upper and lower lip. Thae matter settled for policy limits of $300,000 after the defense took her plastic surgeon's deposition before trial.

The firm settled a rear end accident for a retired couple who were stopped in their Mercedez when rear ended by a drunken driver. Both suffered from chronic soft-tissue "whiplash" cervical sprains and treated with two different therapists over 10 months. The husband gave up his memebership at Coto de Caza Golf Club due to restriction of motion in his neck. The defednant's insurance adjuster offered a combined settlement of $18,000(roughly the medical costs) prior to the firm's retention. After extensive discovery and a mediation, the matter settled before trial for a combined sum of $100,000.00.

Firm represented 57 yr old salesman riding as passenger in truck-trailer combination when big rig cut driver off, causing client's right arm to be severed in collision outside Salt Lake City. Case resolved for a present cash value and structured annuity worth $2.3M prior to trial in Utah.

Family driving to Sun Valley in Suburban rolled over at high speed after front wheel separated from axel. Vehicle tires had been rotated two days before. Wheel was recovered at accident site in field 100 yards from scene three weeks later, showing sheering due to unfastened lug nuts.Cervical fusion to 50 yr old wife following halo implant, multiple contusions and abrasions to husband and minor son. $800K recovery for family.

TBI - The firm settled a vehicular roll over freeway collision case resulting in a traumatic brain injury for the sum of $4.4 million, present cash value. A portion of the recovery was used to secure a structured annuity, paying the client a guaranteed recovery of over $6 million and a potential recovery of over $7,500,000. The case was complicated by the liability issues, as the defendant maintained plaintiff swerved into his traffic lane, and the only independent eyewitness was shipped to Iraq shortly after the collision occurred and was not located until shortly before trial.

The firm represented the wife and family of a 57 year-old Asian gentleman with a history of asthma who presented to his HMO on 3 occasions within  two weeks with GI pain and tarry stools. He was treated for anxiety and asthma and advised the tarry stools were caused by the medications. He passed out at home a week later and died 24 hours later in the ICU from a GI bleed. The case resolved for $875,000.00 .

The firm recovered $365,000.00 for a 59 year -old secretary who had undergone a  cervical fusion 15 years prior to this  rear-end collision. Although she continued to medicate for residual problems as a result of the initial surgery, she underwent a second fusion at a lower level five months following the collision. She had a good surgical result and returned to work three months post-surgery.

Law firm's client was a 48 yr. old commercial painter, painting an overhead ceiling trap door at a new pharmacy when the trap door swung down onto the front of his hard hat. He sought urgent care the following afternoon after completing work due to headache. He was diagnosed with advanced degenerative disc disease, having previously been diagnosed with carpel tunnel syndrome and C-6 radiculopathy without treatment. He was off work nine months and returned to work following successful facet injections into the neck. Case resulted in award of $165,000, $40,000 of which paid worker's compensation lien of $60,0000.

The firm represented a 28 yr-old UPS driver whose truck was hit at low speed in a broadisde collision. No emergency care was necessary, but client developed increasing low back stiffness and was not able to continue his route the following day. Conservative therapies were unsuccessful and a discogram revealed an L4-5 annular tear. An IDET cauterization procedure was performed in SF with limited results. Prognoisis was for future lumbar fusion. Client changed occupations and began working as a real estate agent, unable to lift heavy UPS boxes.Case settled at mediation for $700,000, including loss of consortium claim.

The firm obtained a jury verdict in the sum of $157,000.00 for a woman struck in her minivan in the right rear by a truck that moved slightly forward at a stop sign. The client had undergone three prior lumbar surgeries for a disc injury following childbirth about several  years before the 2 MPH impact. She was substantially recovered from the prior surgeries and noticed the immediate onset of upper and lower back pain following the low speed contact. After conservative therapy failed to relieve the pain, she underwent a diskectomy at T9-10 ayear after the collision. The defense offered $25,000 prior to trial, disputing causation and alleging that a 2 MPH impact could not cause any disc herniation. The jury found unanimously for the plaintiff.