Result

"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. Plaintiff was a 55- year old CIO and unable to return to work. Firm succeeded in having medical plan waive extensive subrogation claim.

Our firm represented 57- yr old salesman riding as passenger in a truck when a "big rig" cut his 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.

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 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 diagnosed with anxiety and asthma and advised the tarry stools were caused by his 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 .

Client was fishing in a dingy in a 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

Client was 45 year-old sales manager for insurance company and was involved in relatively mild freeway collision while on the job with no emergency room care. However, he'd had a long history of prior neck and arm problems,and his employer sent him to their clinic for examination. He was essentially told at the WCAB clinic to take two aspirin and rest , so he transferred his care back to his prior chiropractor without employer approval. After six months of adjustments paid for by his group health insurer, he was released from care. A few months later while playing golf, he noticed increased  neck pain and returned to the DC, who referred him to an orthopedic surgeon. A surgical fusion at C5-6  was performed with good results a month later, and he worked at home for two weeks before returning to his  job, which required extensive traveling. He had no lost income. Adverse driver had minimal policy and paid their $15,000 limits, which were held in trust pending outcome of WCAB claim. WCAB insurer denied claim initially based on failure to treat with prescribed physician and lack of proper documentation from DC. WCAB claim was thereafter settled for $30,000, plus payment of outstanding medicals not covered by group health insurer. UIM claim was then brought against client's employer, which was settled for $230,000 after WCAB insurer  was given credit for $5,000 out of $15,000 3rd party settlement.

Clients were husband, wife and grandmother traveling from OC to Oakland in a rental car. Uninsured driver struck their left rear on the freeway in Oakland, causing car to swerve to center median and roll over on embankment. All three were taken to different hospitals. Wife sustained fractured  arm and treated with Kaiser for 3 months without residuals. Husband had lumbar sprain and treated with Kaiser for 5 follow-up exams. 80- year old grandmother had multiple contusions and abrasions but no fractures. She remained in hospital for 5 days due to pre-existing heart condition. Wife's UM claim settled for $110,000, husband's for $45,000 and grandmother's for $75,000.

Client was a 44 year-old manager for a construction company who was broadsided in his truck while going though an intersection. Defendant's vehicle ended up under passenger doors. Liability was admitted, but causation and damages contested. No emergency room treatment was required. Client initially sought DC care a week later, then orthopedic consult because of increasing neck and arm pain. Conservative physical therapy, epidurals and facet injections failed to provide long-lasting relief, as the client had extensive underlying degenerative disc disease. One year after the accident client underwent a cervical fusion at C5-6, with little relief other than removal of radicular arm numbness. Medical bills amounted to $170,000, although his group insurer covered most of tyhe bills and  he had no loss of income. He was off work two weeks after surgery, but compensated for time off work. Case resolved at $525,000 after three mediations and a month prior to trial.

Claims against a governmental entity for injuries present their own issues with respect to traditional injury statute of limitations, which are now two years for most CA injuries. If the injury claim is against a governmental entity, a notice of that claim MUST be filed with the government within 6 months of the acrrual of the cause of action, or the injury claim is barred. However, in certain circumstances, the "accrual" does not begin to run until the injury is discovered. Under the "delayed discovery" rule, a CA appellate court has recently held that where a minor was involved in a sexual relationship with a teacher, her 6 month period for filing a claim did not "accrue" until she learned in therapy how injurious such a sexual relationship was to her health. K.J v. Arcadia Unified School District

Clients were husband and wife in their 70s driving on city street when driver coming in opposite direction fell asleep, crossed center median and struck them head-on. Husband sustained fractures to arm and wrist, facial and chest wall contusions.He remained in hospital and nursing home for 10 days.Wife sustained severe abdominal wall contusion and cervical and lumbar sprains. Both made very good recoveries.Cases settled for $460,000 prior to trial

Firm represented two college freshman home for holidays and joining friends for a party. Eight friends crammed into a Honda CRV, with our two clients sitting unrestrained in cargo hold. Honda was broadsided in an intesection on a green light by drunk driver, resulting in one death and six severe injuries. Both our clients had mild traumatic brain injuries, and one had severe pelvic fractures. Drunk  had minimal $15K/$30K liability limits. Honda owner had $100K/$300K liability limits. Case resolved with all injured parties in global settlement resulting in payments to our clients of $500,000 with both underlying insurers and their UIM insurers. Medical liens were substantially reduced. Both clients recovered well and completed  semester's classes on honor rolls.

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.

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 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.

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.

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.

Plaintiffs have been shortchanged on their damage awards due to two CA appellate court rulings (known as the Hanif/Nishihama offsets). Until Hanif was decided a few years ago, all trial courts followed the long-established "collateral source " doctrine in CA, providing that defendants were not allowed to introduce evidence of medical insurance payments  (a "collateral source") at trial.
The Hanif court, in a case where a public entity was the defendant and a MediCal recipient was the plaintiff, changed this rule by creating, in effect, a post-verdict procedure whereby trial judges reduced the actual amount of medical bills incurred or charged to the amounts actually paid by the insurer or governmental entity.
This abrogation of the "collateral source rule" has been challenged or ignored by many trial court judges, but until the Supreme Court decision rules on the collateral source issue, the offsets will remain a throny issue at mediation and trial. Fortunately, a decsion handed down today by our 4th District (Reid v. Olsen) Court of Appeal sets forth dicta that the Hanif decision is wrong and  should be addressed by the high court or the legislature.

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.

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.

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.

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.

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.