Results
Wrongful Death
Dangerous Intersection – $8,470,000
A total of five persons were killed and one person received permanent brain damage in three accidents occurring between August 1999 and November 2000 at the intersection of Eleventh Street and Lammers Road located in the City of Tracy and the County of San Joaquin. The intersection had no overhead lighting, no left turn lanes, and was controlled by stop signs on Lammers Road. As the City of Tracy grew in size, the traffic increased and the speed of vehicles in the intersection increased. The intersection was located on the main road out of the city westbound toward the Bay Area where many Tracy residents worked. The intersection was especially dangerous when it was dark in the morning when commuters shared the intersection with big rig trucks delivering products to nearby warehouses.
In the first case, we represented the families of two Tracy Defense Depot workers who were killed when their Honda Civic went under a semi truck trailer making a left turn across Eleventh Street in the dark. The truck driver had to wait for traffic to clear before completing his turn which left the trailer completely blocking the lane in which the Honda was traveling.
The City of Tracy began the design process to improve the dangerous intersection after the first accident in August 1999. However, the construction did not start for 16 months during which time two more deaths and a traumatic brain injury occurred because the City failed to take any interim safety measures or warn motorists of the dangerous intersection. In the next fatal accident, we represented a Tracy resident who was killed on his way to work at night when he attempted to make a left turn onto Eleventh Street and was struck by a speeding van that did not see his vehicle in the dark.
Tragically, the last accident occurred on November 10, 2000 only a few days before construction started on the intersection. In an accident similar to the first accident, three brothers, who were cement construction workers traveling in a Nissan pick up truck on their way to work in the darkness, went under a big rig trailer blocking Eleventh Street killing the driver and causing traumatic brain injury to a passenger. The case went to trial and settled thereafter in 2005 for $5,550,000. As a result of these accidents and the successful litigation by our attorneys, the intersection was finally improved to include speed controls, traffic signals, street lighting and left turn lanes.
Fire truck crashes into Store -- $2,515,000
A City of Oakland fire truck, operating without a siren on the way to a fire, crashed into a grocery store, killing a 28-year-old Vietnamese mother, survived by her husband and three children. The fire truck failed to stop at a stop sign, struck a vehicle in the intersection and crashed into the store. We contended there was a design defect in the Navistar International Fire Truck in the positioning of the brake and accelerator pedals that could not be individually applied in an emergency situation while wearing firefighter’s boots. The City failed to properly train the negligent driver of the fire truck.
Eighteen wheel tractor trailer crashes into van in Arizona – $1,641,416
A mother traveling with her 11 year old daughter on Interstate 40 near Seligman, Arizona was killed when an eighteen wheel tractor-trailer traveling at 70 mph crashed into the rear of her van. The 11 year old was thrown 40 feet into a field and suffered a traumatic brain injury, fractured clavicle and a L-4 compression fracture. Her fracture eventually healed, but she was left with cognitive residual deficits. A judgment after a trial resulted in an award of $1,641,416 for the 11 year old. Part of the funds were used to purchase a tax free annuity for her with guaranteed payments of $3,272,530.
Private plane crashes in Berkeley Hills – $1,490,000
A Cessna 310 private airplane crashed on the Tilden Park Golf course in the hills of Berkeley. The pilot was killed and investigators cited pilot error as the cause of the crash. Through extensive investigation and discovery, we established that an electrical malfunction in the aircraft’s autopilot was the cause of the crash. We obtained a settlement for the widow of the pilot.
Parents liable for drunk driving adult son – $1,183,000 jury verdict
Our Oakland wrongful death law firm has been instrumental in expanding liability to include persons who supplied alcohol or drugs to the driver. In 1983 we obtained the first reported jury verdict in the United States that held the parents responsible for the actions of their adult child by providing alcohol to their adult son who then caused an accident. The jury found the parents guilty of negligent entrustment because they helped their adult son finance a loan on his “hopped-up” red Dodge Charger when they knew he had a bad driving record including 12 traffic citations, four previous accidents and a prior drunk driving charge. The parents then gave wine to their adult son who had a blood alcohol level of .12 before he drove recklessly at 80 mph on a residential street in Castro Valley, California and broadsided our client’s Volkswagen, killing the driver and severely injuring the passenger. We obtained a jury verdict in excess of one million dollars in Hayward, California, a very large verdict at that time. The jury also awarded punitive damages against the defendant driver. Mothers Against Drunk Driving (MADD) referred to this landmark case to educate the public about the dangers of providing alcohol to someone who will be operating a vehicle.
Truck Accidents
Negligent driver training -- $6,501,684 jury trial verdict
A mother traveling with her 21 year old daughter and grandchildren at night to her home in Brentwood, California on Interstate 5 after visiting Disneyland, swerved to avoid a big rig tractor-trailer stopped on the freeway and went off the road and overturned, causing the death of the mother and traumatic brain injury to the daughter. The accident occurred at the Button Willow exit near Bakersfield, California. When the police arrived, the big rig truck was stopped completely on the shoulder with all of its running lights activated. The investigating police prepared a report that blamed the mother for the accident. We undertook extensive investigation and located eyewitnesses who testified that before the accident the truck had made an emergency stop partially in the slow lane on the freeway and did not have its emergency flashers or running lights on. Prior to the arrival of the police, the truck driver moved the truck to the shoulder and activated its lights. We proved that the truck driver had not been properly trained and was inexperienced. He had hooked up the air brakes incorrectly which caused him to have to make the emergency stop on the freeway. A Stockton jury awarded the traumatically brain injured daughter $4,651,684 and $1,850,000 was obtained for the death of the mother.
Negligently Maintained Truck -- $3,500,000 settlement
A school yearbook photographer traveling on Highway 29 near Napa, California on his way to take school photographs of high school students received a severe Traumatic Brain Injury (TBI) when a large truck turned left directly in front of him. The truck driver claimed there were no oncoming vehicles when he started his turn and that our client was speeding. We promptly investigated the case and were able to prove the truck was poorly maintained and had a dirty windshield that obscured the truck driver's vision. The settlement funds have been used to help our client become self-sufficient and independent.
Unsafe left turn -- $2,000,000 settlement
We represented a 12-year-old boy who was a seat-belted passenger in a Ford F-150 pick up truck operated by his father that was in the process of passing a slow moving Peterbuilt tractor pulling an empty box van trailer on a city street in Stockton, California. The big rig truck driver suddenly turned left to enter a driveway and collided with the pick up causing it to ricochet over a curb and overturn crushing the roof over the boy. The truck driver and his co-worker claimed a left turn signal had been made and the pick up had not started to pass when the left turn was commenced. The defendants claimed the pick up truck was speeding and caused the accident. The Stockton police believed the big rig truck driver and concluded that our client's father was the cause of the collision. We undertook an extensive investigation and our experts reconstructed the accident. We proved that the truck driver was inexperienced, had not signaled a left turn and never looked to see if a vehicle was passing. We proved that the truck driver failed to connect one of the brake air lines and therefore could not activate the trailer brakes which caused the big rig to jack knife. The boy received a traumatic brain injury that has left him with cognitive impairment, although the defendants claimed he was minimally impaired. The case settled for two million dollars just before the start of trial.
No reflective markings on flatbed -- $2,580,000 settlement
We represented the families of two workers who were killed on their way to work at night at the Defense Depot in Tracy, California, when their Honda Civic went under a big rig trailer making a left turn across Eleventh Street at a dark intersection in Tracy. The semi-trailer did not have retro-reflective markings and had inadequate lighting. The truck driver had to wait for traffic to clear and had stopped with his trailer blocking the street. The truck driver had limited insurance coverage and we proved the shipping company and other parties shared responsibility for the accident. This was a tragic underride accident that can occur at night when semi-trucks do not have appropriate lighting and reflective markings.
Fatigued Truck Driver Causes Death -- $605,000
A Nevada City, California senior citizen on his way to Arizona at night traveling on US 95, a two lane highway in Nye County, Nevada, was instantly killed in a head on collision with a 1998 Peterbuilt tractor and a three axle flatbed trailer. The Nevada truck driver claimed the passenger car swerved in front of his big rig and the collision occurred near the centerline of the highway. We proved that the truck driver was extremely fatigued and drifted into the opposite lane. The decedent was survived by four independent adult children.
Failure to Stop in Fog -- $865,000
We represented the parents of a 33 year old man in a wrongful death case caused by a collision with a Peterbilt semi truck in Lathrop, California. The big rig truck ran a stop sign in the fog and collided with the automobile the decedent was driving. The decedent had no children, was not married, and did not support his parents. Although the parents lived out of state and had little physical contact with their adult son, we were able to prove the continuing love and affection they had for their son and achieved a satisfactory settlement.
Speeding big rig truck causes multi-vehicle accident -- $900,000
During rush hour on Interstate 880 in downtown Oakland, California, a speeding big rig truck driver crashed into an AC Transit bus and passenger car, causing a vehicle to collide with a truck traveling in the opposite direction operated by our client. Our client suffered a knee injury and is unable to perform all of his job duties. We contended that the truck driver and the AC Transit bus driver were negligent. The settlement compensated our client for past and future wage lost and for pain, suffering and loss of enjoyment of life.
Eighteen wheel tractor trailer crashes into van in Arizona -- $1,641,416
A mother traveling with her 11 year old daughter on Interstate 40 near Seligman, Arizona was killed when an eighteen wheel tractor-trailer traveling at 70 mph crashed into the rear of her van. The 11 year old was thrown 40 feet into a field and suffered a traumatic brain injury, fractured clavicle and a L-4 compression fracture. Her fracture eventually healed, but she was left with cognitive residual deficits. A judgment after a trial resulted in an award of $1,641,416 for the 11 year old. Part of the funds were used to purchase a tax free annuity for her with guaranteed payments of $3,272,530.
Truck driver blocks highway in dense fog causing a fatality -- $700,000
After delivering his load to a Toys-R-Us warehouse in Stockton, California, on February 22, 2002, a truck driver for Swift Transportation Co. drove his 2001 Freightliner tractor, pulling a 53 foot long trailer in the early morning dense fog so he could drive to a rest stop. He pulled out onto busy Charter Way (State Route 4) into heavy traffic and completely blocked the westbound lane. A 29 year old Hispanic father driving his 6 year old daughter to school could not see that his lane was completely blocked in the fog in time to stop. The father was killed and his daughter was injured when their vehicle went under the trailer. The investigating police officers blamed the deceased father for the accident, stating he was driving too fast in the fog. Our experts reconstructed the accident to show the accident was unavoidable at a lower speed because the trailer completely blocked the road. We argued that the truck driver never attempted to determine the extent of visibility in the fog and should have waited for the fog to clear.
Birth Injuries
Failure to recognize fetal distress – Confidential settlement
During a long labor, the nurses in the hospital failed to recognize signs of fetal distress. The obstetrician was not present in the hospital and the nurses did not attempt to call him until the baby’s heart rate dropped and remained low for over 10 minutes. When the physician was informed of the fetal distress, he did not immediately take action to deliver the baby, resulting in an extended period of oxygen deprivation. The long period of deceleration of the fetal heart rate caused severe hypoxic ischemia, resulting in seizures and brain damage. The settlement funds were used to provide dependent care for the child throughout his life.
Trauma during delivery results in Erb’s Palsy – Confidential settlement
A female baby was permanently injured when the physician pulled on her arm during delivery, causing a severe brachial plexus injury and Erb’s Palsy. The physician failed to arrange for a Cesarean section when it became obvious it was going to be a difficult delivery. The baby was left with a winged scapula and limited movement in her left arm. She will never be able to raise her arm above her shoulder and has a permanently weakened arm.
Negligently performed tubal ligation -- $1,000,000
Our clients decided they could not financially afford another child and requested their obstetrician to perform a tubal ligation after the birth of their second child. The physician negligently failed to ligate one of the fallopian tubes and failed to inform the parents. When the mother became pregnant, the physician advised the parents that he had performed the ligation on only one fallopian tube. The baby was born with autism that required significant costs to provide for the child throughout his life. The mother lost her job because of the unwanted pregnancy and the parents suffered severe emotional distress. After depositions of the parties, the case settled for $1,000,000.
Auto and Motor Vehicle Defects
Police motorcycle defect -- $4,304,534 jury trial verdict
A California Highway Patrol motorcycle officer on duty the night before Thanksgiving was severely burned in a low impact collision with another motorcycle. The other rider was traveling on the wrong side of a two lane rural road at night without lights. We proved to a Stockton, California jury that the officer's severely burned face and hands resulted from a defect in the CHP motorcycle. The jury found the manufacturer eighty percent responsible for the officer's burn injuries under theories of product liability and failure to provide the CHP with the maximum amount of safety specified. This was the first ever verdict against the motorcycle manufacturer based on the claimed defect. There was no offer to settle by the motorcycle manufacturer.
Defective axle causes SUV rollover -- Confidential settlement
We successfully represented two young Bay Area college girls who were severely injured on their way from California to Montana to attend a wedding. While traveling in Idaho, the SUV went onto the shoulder and in the process of getting back onto the roadway, the driver overcorrected, causing the vehicle to skid and rollover, crushing the roof. Because the girls were not wearing their seat belts, they were thrown from the car, causing one to be paralyzed and the other to suffer traumatic brain injuries. We contended the rear axle broke as the car skidded causing the rollover. The roof crushed over the front seat passenger before she was ejected, rendering her a quadriplegic. The case settled for a substantial confidential amount. The settlement money has allowed the paralyzed woman to purchase a home and continue with her college education. The severely brain injured woman's parents are taking care of their daughter with the funds received in the settlement.
Pickup truck roof crushes driver -- $3,100,000
A 35-year-old mother from Lathrop, California, driving her 1989 Ford F-150 pick-up truck on the Altamont Pass Road, a rural two lane road in Alameda County, was paralyzed when her vehicle went off the road on a curve, traveled down a steep embankment and rolled over, crushing the roof over her head. We contended that the road was in a dangerous condition for failure to install a guardrail at the curve and that her injuries were greatly increased by the roof collapse during the rollover. The case against Alameda County and Ford settled at the beginning of the trial. The settlement funds were used to purchase a handicap accessible home and vehicle for the mother of two and pay for her living expenses.
Tire tread separation causes roof to crush in rollover -- $1,700,000
An Oakland, California man, supporting three minor children, was driving his passenger car to work on Highway 50 over the Altamont Pass near Livermore, California. He lost control of his car when the right rear tire tread separated, causing the car to leave the road and rollover. The car roof collapsed over his head, causing paralyzing injuries. He had recently purchased four used tires from a tire dealer in Oakland. The tread separated on a Sumitomo tire manufactured by Cooper Tires. We settled the case against the auto manufacturer and the case against the tire retail seller. The case against the tire manufacturer is pending and will be set for trial this year.
SUV rollover causes roof crush -- Confidential Settlement
We achieved a substantial confidential settlement for a Fremont, California man who was paralyzed when the roof on his 2001 SUV crushed over his head during a rollover accident. Our client and his wife were traveling on Highway 99 near Livingston, California on their way home from visiting the Vatican exhibit in San Diego with several other church members. The car drifted to the center median and when the driver attempted to steer it back onto the road, the car skidded and rolled over, causing paralyzing injuries to the driver.
SUV loss of control in desert -- Confidential Settlement
A Castro Valley, California postal worker, traveling through the Mojave Desert with his wife on their way to Henderson, Nevada, lost control of his1999 SUV which rolled over, crushing the roof over his head. We contended that the vehicle should have had electronic stability control to prevent loss of control and that the roof collapsed because of a design defect. The settlement funds were badly needed to help care for the paralyzed driver.
Firestone tire tread separates -- $1,000,000
A self-employed female tax preparer was partially paralyzed in a collision with a vehicle traveling in the opposite direction on Highway 4 near Pinole, California. The tread on the other vehicle's Firestone tire separated, causing a collision with the pick-up truck being operated by her husband in which she was a passenger. We proved that the Firestone tire was defective. The settlement has permitted the woman to continue to work as a tax preparer.
Burn Injuries & Explosions
CHP Officer Burned in Motorcycle Accident -- $4,304,534 jury verdict
A California Highway Patrol motorcycle officer on duty the night before Thanksgiving was severely burned in a low impact collision with another motorcycle. The other rider was traveling on the wrong side of a two lane rural road at night without lights. We proved to a Stockton, California jury that the officer’s severely burned face and hands resulted from a defect in the CHP motorcycle. The jury found the manufacturer eighty percent responsible for the officer’s burn injuries under theories of product liability and failure to provide the CHP with the maximum amount of safety specified. This was the first ever verdict against the motorcycle manufacturer based on the claimed defect. There was no offer to settle by the motorcycle manufacturer.
Explosion in Hotel Causes Skiier’s Death -- $795,000
A powerful explosion at the Goldminers Daughter Hotel in Alta, Utah during the winter ski season caused the roof of a hotel wing to lift up and the walls to collapse. We represented a Livermore man who was on a ski vacation with his wife. The explosion occurred during the lunch hour when most people were skiing. Unfortunately, our client’s wife had returned to her room to get her gloves when the explosion occurred, resulting in her death. We proved that a large propane gas tank on the hill behind the hotel had been leaking propane gas that went down the hill underground through rock tailings left from mining days and entered the basement of the hotel undetected by anyone. Eventually, the odorless gas spread throughout the basement and ignited when it reached the furnace. We proved that the Cal Gas truck driver had been continuously overfilling the propane gas tank on the hill so that propane spilled onto the ground. Experts located a defective pipe and coupling that allowed the propane to escape into the rock tailings above the hotel.
Defective BART train seats – $1,000,000
We represented several Oakland firefighters and ambulance drivers who were overcome by smoke inhalation suffering lung, liver and brain damage as a result of the January 17, 1979 BART Transbay Tube fire. A BART train car caught fire while traveling under the San Francisco Bay. Oakland firefighters and emergency medical technicians were rushed into the tube to put out the fire and rescue the passengers. Polyeurethane passenger seats gave off toxic fumes and the firemen ran out of oxygen in the dense black smoke which filled the Transbay Tube. Although the California Firemen’s Rule prevents injured firefighters from suing the parties responsible for causing a fire, the California Supreme Court ruled that it did not apply to the circumstances of this case. After this disastrous fire, BART replaced the polyurethane foam seats with fire retardant neoprene seats. Rohr Industries, manufacturer of the BART car and seats that caught fire, contributed to the settlement along with BART.
Farm worker injured by downed power line – Confidential settlement
A 17 year old farm worker boy working on a tomato sorter harvesting machine in Fresno County suffered second and third degree burns on 25 percent of his body when he came in contact with a downed power line. A harvester employee had driven his tractor into a power pole, knocking it to the ground. The landowner did not immediately call to have the power turned off or to secure the line and it was down for over 2 hours. The case settled for a confidential amount at trial.
Worker burned in excavation -- $650,000
We represented an excavating contractor working on the replacement of underground pipes at the Delta Diablo Sanitation Plant in Pittsburg, California. A broken copper line carrying pressurized oxygen leaked oxygen that ignited, causing a worker at the bottom of an excavation to catch on fire. Our client jumped down into the pit to use his body to cover the victim to put out the flames. Our client received second and third degree burns when he attempted to putout the flames on the body of his fellow worker. The defendants refused to pay an adequate amount for a settlement, so we took them to trial. After several trial days and after the jury heard the emotional and dramatic testimony of our client, the defendants paid our demand and the case settled.
Jeep Catches on Fire when Hit by Truck – $750,000
A young married woman had to stop for traffic in heavy fog on Interstate 205 near Tracy, California. A truck crashed into her Jeep vehicle in the fog, causing her vehicle to burst into flames, resulting in her death. Although the trucking company filed for bankruptcy, we were able to secure a settlement for her husband. Unfortunately many accidents occur in the Central Valley of California when there is fog. Truck drivers who are in a hurry to make their deliveries often travel at speeds too fast for the conditions, resulting in catastrophic injuries and fatalities.
Injuries to Children
Boy struck in crosswalk – $3,400,000
We represented an 8 year old boy struck by a car at a dangerous intersection in Oakland, California. After decorating the family’s Christmas tree, the boy went to a corner market at Foothill Boulevard and 36th Avenue to buy an ice cream cone and was struck by an uninsured motorist as he crossed the busy intersection. We discovered that there had been 26 accidents in the previous five years at the intersection and neighbors had been lobbying Oakland officials for a traffic signal. After the accident the City installed traffic signals and redesigned the curve at the intersection. The settlement provided lifetime payments for medical and living expenses for the injured victim.
Boy injured in backseat -- $3,454,587 settlement
Farm workers in a Daihatsu vehicle making a left turn at dawn on their way to work were struck by a pick-up truck in rural San Joaquin County. The CHP officer investigating the accident determined that the collision was caused by the farm worker. The insurance company for the pick-up truck had limited insurance with Farmers Insurance, who refused to pay the drivers insurance policy limits because they were convinced that the Hispanic farm workers could not win at trial. Our accident reconstruction experts testified that the pick-up driver had been speeding, was inattentive and was a cause of the accident. Our client was an 18 year old passenger who received a severe traumatic brain injury (TBI) in the collision. At trial we achieved a settlement of $3,454,587 which Farmers Insurance Company paid. The funds have been placed in an annuity with lifetime payments for medical and living expenses for our client.
Clergy Sexual Abuse – $17,050,000
After three weeks of trial in Oakland, California in 2003, we concluded what was then the largest California court settlement for a single victim of sexual molestation by a Catholic priest. Our client was a 15 year old altar boy in 1979 and 1980 when he was sexually molested by his pastor. Evidence was introduced at trial showing multiple molestations by several priests of the Oakland Diocese. Although the pastor had denied molesting the boy in his deposition, we were able to obtain an admission of molestation during his testimony at trial. The Alameda County jury was shown multiple instances of molestation by other Oakland Diocese priests as a pattern of conduct that had been continuously ignored by the church.
Clergy Sexual Abuse – $8,200,000
We represented five different women who had been sexually molested by Steven Kiesle, a Catholic priest in Fremont, California, when the girls were 8 to 11 years old during the years 1969 to 1972. Steven Kiesle had admitted molesting many children and bragged that he was the “pied piper” to children. He said that he tried to molest every child he sat on his lap. When asked how many children he had molested over the years, he answered “tons.” We held the Oakland Diocese responsible for continually allowing Kiesle to be a priest when they had evidence he had been inappropriately touching children.
Faded Centerline – $1,800,000
The centerline paint and reflective pavement markers on a curve on the French Camp Turnpike near Sixth Street in Stockton, California, were faded, missing and obscured. A father operating his car with his two minor children in the back seat was unable to determine the position of an oncoming vehicle that appeared to have crossed over the centerline into his lane, but had moved back into the correct lane and a collision occurred in the oncoming lane. The father was unable to see which lane the oncoming vehicle was in because of the faded and obscured centerline at the curve in the road.
The City of Stockton contended the sole cause of the accident was drunk driving by the oncoming vehicle that crossed over the centerline. The case against the drunk driver settled for his limited available insurance. We proved that the City of Stockton failed to properly maintain the centerline according to Cal Trans standards. The severely injured children received structured settlements that have provided for their medical care.
Tree Branches Obscure Vision – $1,750,000
The tree branches on several olive trees on a vacant lot on Fern Street in Merced County protruded over the road in an area where little children played. A three year old boy came out from underneath the overhanging branches onto the road and was struck by a car. The driver could not see the child in time to stop because of the overgrown vegetation. The County had allowed the overgrown trees to violate a County set back ordinance and had failed to cut back the branches. We contended that the roadway was in a dangerous condition and that the County of Merced was required to trim the trees. The case settled at the start of trial and the settlement funds have been used to allow the Hmong family to appropriately take care of their brain damaged child.
Teenage boy killed in Little League brawl -- Confidential settlement
Aggressive talk and racial taunts occurred between players during a Little League game played in Castro Valley, California. We contended that the coaches failed to control their players and after the game allowed the two teams to exit together in a confined area, where several fights broke out among the players. One of the visiting players violently swung a baseball bat during the fight accidentally striking an innocent bystander, causing his death. We represented the parents of the 17 year old boy who was a popular high school student. Little League agreed to a significant confidential settlement, thereby avoiding a public trial of this tragic accident.
Paralysis and Spinal Injury
Protective scaffolding removed causing fall -- $6,000,000
A Fremont, California construction worker, doing plastering work on an apartment building in San Leandro, California, was paralyzed below his waist when he fell 40 feet because safety scaffolding had been removed to allow the owners to start condominium sales before the work was completed. The worker was not wearing a safety line because the scaffolding had protected the workers until it was unexpectedly removed. The apartment owners and the general contractor claimed that our client should not have been working at that location and, if there was negligence, it was all the fault of the plaster employer. We were able to prove that the owner and general contractor were responsible and made a recovery that allowed our client to purchase a home with handicap modifications and live independently.
Pickup truck roof crushes driver -- $3,100,000
A 35-year-old mother from Lathrop, California, driving her 1989 Ford F-150 pick-up truck on the Altamont Pass Road, a rural two lane road in Alameda County, was paralyzed when her vehicle went off the road on a curve, traveled down a steep embankment and rolled over, crushing the roof over her head. We contended that the road was in a dangerous condition for failure to install a guardrail at the curve and that her injuries were greatly increased by the roof collapse during the rollover. The case against Alameda County and Ford settled at the beginning of the trial. The settlement funds were used to purchase a handicap accessible home and vehicle for the mother of two and pay for her living expenses.
City failed to install left turn lane -- $3,300,000
In the largest out-of-court settlement in its history, the City of Fremont, California paid $3,300,000 to a 17 year old boy who was paralyzed when he was thrown from a pick-up truck that was rear ended by another vehicle when it was stopped to turn left. We alleged the City knew for over two years before the accident that the busy intersection was in need of a left turn lane.
Brain Injuries
Traumatic brain injury to 21 year old woman -- $6,501,684 jury trial verdict
A mother traveling with her 21 year old daughter and grandchildren at night to her home in Brentwood, California on Interstate 5 after visiting Disneyland, swerved to avoid a big rig tractor-trailer stopped on the freeway and went off the road and overturned, causing the death of the mother and traumatic brain injury to the daughter. The accident occurred at the Button Willow exit near Bakersfield, California. When the police arrived, the big rig truck was stopped completely on the shoulder with all of its running lights activated. The investigating police prepared a report that blamed the mother for the accident. We undertook extensive investigation and located eyewitnesses who testified that before the accident the truck had made an emergency stop partially in the slow lane on the freeway and did not have its emergency flashers or running lights on. Prior to the arrival of the police, the truck driver moved the truck to the shoulder and activated its lights. We proved that the truck driver had not been properly trained and was inexperienced. He had hooked up the air brakes incorrectly which caused him to have to make the emergency stop on the freeway. A Stockton jury awarded the traumatically brain injured daughter $4,651,684 and $1,850,000 was obtained for the death of the mother.
Ladder causes fall resulting in brain injury -- $5,486,685
A construction foreman working on a 40' extension ladder on a skylight at Lockheed Missiles and Space in Sunnyvale, California fell when his extension ladder failed, resulting in traumatic brain injury (TBI). We proved there was a defectively designed locking mechanism in the 40 foot extension ladder manufactured by Cuprum S.A. de C.V. and supplied by Industrial Ladder Co., although the defendants strongly disputed any liability. The settlement funds allowed his wife to provide excellent quality care for her permanently injured husband.
Apartment heater asphyxiates student -- $3,500,000
After watching the Super Bowl on a cold January night, a University of California at Berkeley student was asphyxiated and became comatose when he was overcome by carbon monoxide from a faulty apartment heater in Oakland, California. The two front covers of the heater were defectively designed, allowing them to be easily reversed in placement which resulted in the release of deadly carbon monoxide. The student was the only child of parents who are able to care for their son with the funds obtained in the settlement.
Negligently Maintained Truck -- $3,500,000 settlement
A school yearbook photographer traveling on Highway 29 near Napa, California on his way to take school photographs of high school students received a severe Traumatic Brain Injury (TBI) when a large truck turned left directly in front of him. The truck driver claimed there were no oncoming vehicles when he started his turn and that our client was speeding. We promptly investigated the case and were able to prove the truck was poorly maintained and had a dirty windshield that obscured the truck driver’s vision. The settlement funds have been used to help our client become self-sufficient and independent.
Boy injured in backseat -- $3,454,587 settlement
Farm workers in a Daihatsu vehicle making a left turn at dawn on their way to work were struck by a pick-up truck in rural San Joaquin County. The CHP officer investigating the accident determined that the collision was caused by the farm worker. The insurance company for the pick-up truck had limited insurance with Farmers Insurance, who refused to pay the drivers insurance policy limits because they were convinced that the Hispanic farm workers could not win at trial. Our accident reconstruction experts testified that the pick-up driver had been speeding, was inattentive and was a cause of the accident. Our client was an 18 year old passenger who received a severe traumatic brain injury (TBI) in the collision. At trial we achieved a settlement of $3,454,587 which Farmers Insurance Company paid. The funds have been placed in an annuity with lifetime payments for medical and living expenses for our client.
Boy struck in crosswalk – $3,400,000
We represented an 8 year old boy struck by a car at a dangerous intersection in Oakland, California. After decorating the family’s Christmas tree, the boy went to a corner market at Foothill Boulevard and 36th Avenue to buy an ice cream cone and was struck by an uninsured motorist as he crossed the busy intersection. We discovered that there had been 26 accidents in the previous five years at the intersection and neighbors had been lobbying Oakland officials for a traffic signal. After the accident the City installed traffic signals and redesigned the curve at the intersection. The settlement provided lifetime payments for medical and living expenses for the injured victim.
Medical malpractice causes brain damage -- $3,144,642
A 42 year old single man underwent a septorhinoplasty in Santa Clara, California without complications. In an attempt to pass a nasogastric tube through his nose to empty his stomach of blood, the nasogastric tube entered the cranium, but was undetected. The patient responded to questions in the recovery room, but the next day he had altered consciousness with right hemiplegia. A CT scan showed air within the left frontal lobe and within the ventricular septum. He suffered severe brain damage. We represented hm against Kaiser and achieved a negotiated settlement. He is able to dress himself and is independent with his feeding, but is disoriented. The structured settlement will provide for his lifetime convalescent care.
Defective Products
Apartment heater asphyxiates student -- $3,500,000
After watching the Super Bowl on a cold January night, a University of California at Berkeley student was asphyxiated and became comatose when he was overcome by carbon monoxide from a faulty apartment heater in Oakland, California. The two front covers of the heater were defectively designed, allowing them to be easily reversed in placement which resulted in the release of deadly carbon monoxide. The student was the only child of parents who are able to care for their son with the funds obtained in the settlement.
Ladder causes fall resulting in brain injury -- $5,486,835
A construction foreman working on a 40' extension ladder on a skylight at Lockheed Missiles and Space in Sunnyvale, California fell when his extension ladder failed, resulting in traumatic brain injury (TBI). We proved there was a defectively designed locking mechanism in the 40 foot extension ladder manufactured by Cuprum S.A. de C.V. and supplied by Industrial Ladder Co., although the defendants strongly disputed any liability. The settlement funds allowed his wife to provide excellent quality care for her permanently injured husband.
Design defect on maintenance platform -- $505,000
The plaintiff was an electrical contractor repairing lights in a high ceiling by use of a maintenance platform placed on a forklift. The maintenance platform moved off the forklift blades, causing the contractor to fall, injuring the contractor. We contended there was a failure to warn about the placement of the forklift blades and there was a design defect. The plaintiff suffered a cerebral concussion and orbital rim facial fractures.
Fire truck crashes into Store -- $2,515,000
A City of Oakland fire truck, operating without a siren on the way to a fire, crashed into a grocery store, killing a 28-year-old Vietnamese mother, survived by her husband and three children. The fire truck failed to stop at a stop sign, struck a vehicle in the intersection and crashed into the store. We contended there was a design defect in the Navistar International Fire Truck in the positioning of the brake and accelerator pedals that could not be individually applied in an emergency situation while wearing firefighter's boots. The City failed to properly train the negligent driver of the fire truck.
Protective scaffolding removed causing fall -- $6,000,000
A Fremont, California construction worker, doing plastering work on an apartment building in San Leandro, California, was paralyzed below his waist when he fell 40 feet because safety scaffolding had been removed to allow the owners to start condominium sales before the work was completed. The worker was not wearing a safety line because the scaffolding had protected the workers until it was unexpectedly removed.
Defective BART train seats -- $1,000,000
We represented several Oakland firefighters and ambulance drivers who were overcome by smoke inhalation suffering lung, liver and brain damage as a result of the January 17, 1979 BART Transbay Tube fire. A BART train car caught fire while traveling under the San Francisco Bay. Oakland firefighters and emergency medical technicians were rushed into the tube to put out the fire and rescue the passengers. Polyeurethane passenger seats gave off toxic fumes and the firemen ran out of oxygen in the dense black smoke which filled the Transbay Tube. Although the California Firemen's Rule prevents injured firefighters from suing the parties responsible for causing a fire, the California Supreme Court ruled that it did not apply to the circumstances of this case. After this disastrous fire, BART replaced the polyurethane foam seats with fire retardant neoprene seats. Rohr Industries, manufacturer of the BART car and seats that caught fire, contributed to the settlement along with BART.
Dangerous Roads & Government Liability
Failure to warn of lane reduction – $1,000,000
An abrupt lane reduction occurred on a busy City of Stockton street, causing vehicles to merge and make unsafe lane changes. A mother with her 11 year old daughter attempted to avoid a vehicle making an unsafe lane change and crashed into a light pole located on the median, causing traumatic brain injury to her child who was a passenger. We contended the road was in a dangerous condition because of inadequate warnings of the lane drop and merge. The warning signs were not in accordance with Cal Trans Traffic Manual requirements and the median failed to comply with City standards requiring a minimum height for a median. The settlement funds have allowed the mother to provide appropriate medical treatment and care for her daughter.
Dangerous Intersection – $8,470,000
A total of five persons were killed and one person received permanent brain damage in three accidents occurring between August 1999 and November 2000 at the intersection of Eleventh Street and Lammers Road located in the City of Tracy and the County of San Joaquin. The intersection had no overhead lighting, no left turn lanes, and was controlled by stop signs on Lammers Road. As the City of Tracy grew in size, the traffic increased and the speed of vehicles in the intersection increased. The intersection was located on the main road out of the city westbound toward the Bay Area where many Tracy residents worked. The intersection was especially dangerous when it was dark in the morning when commuters shared the intersection with big rig trucks delivering products to nearby warehouses.
In the first case, we represented the families of two Tracy Defense Depot workers who were killed when their Honda Civic went under a semi truck trailer making a left turn across Eleventh Street in the dark. The truck driver had to wait for traffic to clear before completing his turn which left the trailer completely blocking the lane in which the Honda was traveling.
The City of Tracy began the design process to improve the dangerous intersection after the first accident in August 1999. However, the construction did not start for 16 months during which time two more deaths and a traumatic brain injury occurred because the City failed to take any interim safety measures or warn motorists of the dangerous intersection. In the next fatal accident, we represented a Tracy resident who was killed on his way to work at night when he attempted to make a left turn onto Eleventh Street and was struck by a speeding van that did not see his vehicle in the dark.
Tragically, the last accident occurred on November 10, 2000 only a few days before construction started on the intersection. In an accident similar to the first accident, three brothers, who were cement construction workers traveling in a Nissan pick up truck on their way to work in the darkness, went under a big rig trailer blocking Eleventh Street killing the driver and causing traumatic brain injury to a passenger. The case went to trial and settled thereafter in 2005 for $5,550,000. As a result of these accidents and the successful litigation by our attorneys, the intersection was finally improved to include speed controls, traffic signals, street lighting and left turn lanes
City failed to install left turn lane -- $3,300,000
In the largest out-of-court settlement in its history, the City of Fremont, California paid $3,300,000 to a 17 year old boy who was paralyzed when he was thrown from a pick-up truck that was rear ended by another vehicle when it was stopped to turn left. We alleged the City knew for over two years before the accident that the busy intersection was in need of a left turn lane.
Failure to Install Guardrail – $3,000,000
A 32 year old homemaker was driving her pick up truck west on Altamont Pass Road, a two lane Alameda County rural road, when sunlight shone into her eyes as she entered a curve causing her pick up truck to keep going straight through the curve and down a steep embankment. We contended the curve was in a dangerous condition for failure to install guardrails, confusing curve warning signs, insufficient shoulder and improper banking of the curve. Although there had never been any prior accidents at the curve, we were able to prove through cross examination of the defense expert that a guardrail was warranted at the curve because of the embankment. The case settled at the start of the trial.
Pedestrian injury at intersection – $3,400,000
We represented a young boy struck by an uninsured motorist while crossing a busy Oakland, California intersection. The boy had the right of way, but a curved approach to the intersection prevented the driver from seeing the boy in the crosswalk. The City of Oakland failed to install traffic signals which would have prevented the accident. The settlement from the City provided lifetime medical and living expenses for the boy.
Dangerous levee road – $1,000,000
A 30 year old Oakland restaurant owner riding as a passenger at night in a Porsche on Brannan Island Road in the Delta area of Sacramento County was killed when the car failed to negotiate a curve and went off the raised levee road. We contended that the road was in a dangerous condition for failure to install guardrails, failure to warn of the curve and lack of super-elevation in the curve. The car was operated by a well known Oakland Raiders football player. We represented the wife and children of the deceased restaurant owner.
Cal Trans maintenance truck causes freeway collision – $750,000
A Cal Trans maintenance truck working on a freeway shoulder on Highway 4 near Antioch, California, negligently entered the travel lanes, causing a teenage driver’s vehicle off the road. The Cal Trans truck driver started to pick up speed on the shoulder area of the freeway in order to merge into the travel lanes, but misjudged the distance to an overcrossing, forcing the truck to abruptly move onto the freeway in the path of a teenage driver. We proved the teenage driver was not responsible for the accident, although the State contended he had been speeding. The settlement included an annuity providing lifetime payments.
Construction Site Accidents
Protective scaffolding removed causing fall -- $6,000,000
A Fremont, California construction worker, doing plastering work on an apartment building in San Leandro, California, was paralyzed below his waist when he fell 40 feet because safety scaffolding had been removed to allow the owners to start condominium sales before the work was completed. The worker was not wearing a safety line because the scaffolding had protected the workers until it was unexpectedly removed. The apartment owners and the general contractor claimed that our client should not have been working at that location and, if there was negligence, it was all the fault of the plaster employer. We were able to prove that the owner and general contractor were responsible and made a recovery that allowed our client to purchase a home with handicap modifications and live independently.
Ladder causes fall resulting in brain injury -- $5,300,000
A construction foreman working on a 40' extension ladder on a skylight at Lockheed Missiles and Space in Sunnyvale, California fell when his extension ladder failed, resulting in traumatic brain injury (TBI). We proved there was a defectively designed locking mechanism in the 40 foot extension ladder manufactured by Cuprum S.A. de C.V. and supplied by Industrial Ladder Co., although the defendants strongly disputed any liability. The settlement funds allowed his wife to provide excellent quality care for her permanently injured husband.
Failure to provide Safety Devices – $775,000
A construction worker was required to remove the false work beneath a concrete bridge deck at a height of twelve feet above rocks below. He was not provided a life line, harness and there were no railings or safety nets or other safety devices. He fell from the planks he was standing on to perform his work sustaining severe injuries that caused his death in January 1984. The construction project was erection of the Valley Avenue bridge at Arroyo Del Valle in Pleasanton, California. We represented his wife and children against several defendants who could have required his employer to provide safety devices. In California, a worker cannot sue his employer for negligence because Workers Compensation laws have been enacted to compensate workers. Since Workers Compensation benefits do not adequately compensate workers for their employers’ negligence, we will pursue other defendants responsible for the unsafe condition to achieve full compensation for our clients.
Worker burned in excavation -- $650,000
We represented an excavating contractor working on replacing underground pipes at the Delta Diablo Sanitation Plant in Pittsburg, California. A broken copper line carrying pressurized oxygen leaked oxygen that ignited. Our client received second and third degree burns when he attempted to putout the flames on the body of another worker.
Design defect on maintenance platform -- $505,000
The plaintiff was an electrical contractor repairing lights in a high ceiling by use of a maintenance platform placed on a forklift. The maintenance platform moved off the forklift blades, causing the contractor to fall, injuring the contractor. We contended there was a failure to warn about the placement of the forklift blades and there was a design defect. The plaintiff suffered a cerebral concussion and orbital rim facial fractures.
Negligent Cement Truck Operation – $367,5004
A foreman of workers pouring and finishing concrete foundations for a residential development was injured when a pressure build up in the concrete hose expelled concrete with great force, causing the hose end to strike our client, knocking him to the ground. We contended that a large piece of hardened concrete, referred to as a “clunker”, caused a blockage that caused pressure to build up behind it. Clunkers can be caused by cement truck operators failing to clean out cement trucks each day and failing to look out for such blockages. The pump truck operator and the cement truck drivers are responsible to prevent such blockages. Our client suffered facial fractures and shoulder injuries and lost time from work.
Drunk Driving Accidents
Parents liable for drunk driving adult son – $1,183,000 jury verdict
Our law firm has been instrumental in expanding liability to include persons who supplied alcohol or drugs to the driver. In 1983 we obtained the first reported jury verdict in the United States that held the parents responsible for the actions of their adult child by providing alcohol to their adult son who then caused an accident. The jury found the parents guilty of negligent entrustment because they helped their adult son finance a loan on his “hopped-up” red Dodge Charger when they knew he had a bad driving record including 12 traffic citations, four previous accidents and a prior drunk driving charge. The parents then gave wine to their adult son who had a blood alcohol level of .12 before he drove recklessly at 80 mph on a residential street in Castro Valley, California and broadsided our client’s Volkswagen, killing the driver and severely injuring the passenger. We obtained a jury verdict in excess of one million dollars in Hayward, California, a very large verdict at that time. The jury also awarded punitive damages against the defendant driver. Mothers Against Drunk Driving (MADD) referred to this landmark case to educate the public about the dangers of providing alcohol to someone who will be operating a vehicle.
Drunk driver pays for accident – $750,000
A 58 year old woman changed lanes on a freeway and drove onto the paved shoulder of Highway 680 in Pleasanton after drinking wine at home. Two teachers on their way home from school had made an emergency stop on the shoulder, believing they had a problem with one of the tires on their car. Our client, a passenger, was in the process of getting back into the parked car when she was struck by the woman driving on the shoulder of the freeway. She suffered multiple fractures and a traumatic brain injury. She has been able to continue to teach, but has certain cognitive deficits.
The defendant driver carried insurance of only $500,000. We required the driver and her husband to pay out of their own pockets an additional $250,000 to settle the case. We defeated a Kaiser Medical reimbursement claim of $333,000 which increased our client’s recovery.
Pedestrian Accidents
Tractor trailer strikes pedestrian while making a right turn–$750,000
A female real estate broker was struck in a signalized crosswalk at Webster Street and 20th Street in Oakland, California. The truck was making a right turn and ran over the foot and leg of the pedestrian. The Express Intermodal Transport truck driver claimed he did not see the pedestrian starting across the street when he made the right turn. The woman suffered fractures of her lower leg and foot.
Pedestrian hit by truck making right turn -- $605,000
A 14-year-old boy was walking across Shattuck Avenue in Berkeley, when a 1995 International truck making a right turn collided with him, knocking him to the ground and the rear tires rolled over him. The truck driver said the boy was not paying attention and walked into the side of the truck. Our accident reconstruction of the accident demonstrated that the boy had the right of way, was in the crosswalk and was struck by the right front side of the truck. He suffered a ruptured bladder, pelvic fracture and emotional trauma. Fortunately he has made a good recovery, but continues to have some residual problems.
Airplane, Bus, Boat, and Train Accidents
Freight train strikes pedestrian – Confidential settlement
An Oakland man was walking along the railroad tracks using a well traveled short cut to walk from a popular flea market to an area east of the Oakland Coliseum in Oakland, California. A fast moving freight train saw the pedestrian walking close to the tracks far enough in the distance to slow or stop, but did not attempt to slow down, stop or effectively warn the pedestrian. The train struck the pedestrian at full speed, amputating both of his legs. The funds from the settlement have provided a private home, a handicap vehicle and living expenses for our client.
Train operator failed to look for children on train -- $1,350,000
The fence separating a primary school from the adjacent Burlington Northern and Sante Fe Railway railroad tracks in Richmond, California was broken, allowing young children to play on the railroad tracks. We represented a child who went through the hole in the fence and climbed onto a stationary flat bed car. When the train suddenly moved and picked up speed, the child fell off the train and the wheels ran over one of his legs, causing his leg to be amputated. Through extensive discovery prior to trial, we were able to show that children had been playing on the trains frequently because of the easy access through the broken fence. The fence should have been repaired and the train operators should have known children were playing on the train cars and removed them before suddenly moving the train.
Medical Malpractice
Difficult intubation results in death after extubation – Confidential Settlement
A chief executive of a hospital suffered a catastrophic anoxic event during what was mistakenly expected to be a routine extubation following a successful coronary artery bypass surgery. The anesthesiologist required multiple attempts to intubate the patient prior to the surgery. There were six attempts over 15 minutes which is considered to be a difficult intubation. This caused significant trauma to the soft tissues of the airway resulting in inflammation and swelling. When the ET tube was removed, the swollen tissue expanded and blocked off the airway. Many attempts were made to re-intubate the patient who had stopped breathing. Finally, after 25 minutes a surgical airway was established, but it was too late. The patient suffered severe brain damage from oxygen deprivation and was taken off life support resulting in his death.
The anesthesiologist testified that he gave the surgeon a report about the difficult intubation and assumed the surgeon was in the operating room and knew of the difficult intubation. He further testified that he assumed appropriate precautions would be taken during the extubation of the patient. The surgeon testified he did not receive a report of the difficult intubation; although he knew that it took several attempts to intubate the patient. However, the surgeon issued routine orders for extubation soon after the surgery. The ICU nurse and ICU respiratory therapist testified that no one told them it was a difficult intubation. The extubation occurred too soon without a physician present and without appropriate hospital equipment immediately available. We contended the extubation should have been delayed until the next morning and should have been undertaken by a physician with appropriate emergency medical equipment immediately available. We represented the wife who had had a wonderful 35 year marriage with her husband and their two adult children who were very close to their father.
Nasogastric tube enters cranium -- $3,144,642
A 42 year old single man underwent a septorhinoplasty in Santa Clara, California without complications. In an attempt to pass a nasogastric tube through his nose to empty his stomach of blood, the nasogastric tube entered the cranium, but was undetected. The patient responded to questions in the recovery room, but the next day he had altered consciousness with right hemiplegia. A CT scan showed air within the left frontal lobe and within the ventricular septum. He suffered severe brain damage. We represented hm against Kaiser and achieved a negotiated settlement. He is able to dress himself and is independent with his feeding, but is disoriented. The structured settlement will provide for his lifetime convalescent care.
Misdiagnosis of heart complaints results in death – $1,025,000
A 42-year-old drywall worker went to a Kaiser Hospital urgent care center, complaining of severe pain in his upper abdomen and chest with pain radiating in his left arm and back. He was diagnosed with heartburn and acid reflux. The next day he felt worse and went to a different Kaiser Hospital emergency room where he was diagnosed with gastrointestinal problems. An EKG and blood tests were not ordered. He was sent home and died the next day of an acute myocardial infarction (heart attack). We contended that the two different hospitals failed to investigate his complaints adequately, did not take a medical history and did not do basic blood tests and an EKG. Kaiser Hospital argued that the symptoms of a heart attack were not yet present when he went to the hospitals. He was survived by a wife and two minor children.
Failure to hospitalize patient with pneumonia – $1,165,000
A 59-year-old man was seen in the Urgent Care Unit of Kaiser Hospital complaining of two days of coughing and weakness. He could not walk from the lobby to the elevator. He was diagnosed with pneumonia, but instead of admitting him to the hospital, he was sent home and a follow-up appointment was made. The next day he was weak and coughing and was leaving home to go to the hospital when he collapsed and died soon after paramedics arrived. The Kaiser physician said he sent him home because he had instructions to not hospitalize “young” patients with pneumonia. Although not all patients with pneumonia are admitted to hospitals, we argued that he had severe bilateral pneumonia and should have been admitted where he could be closely monitored. He left a wife and two minor children who were very close to him.
Misplaced pacemaker wire led to complications -- $889,061
A 27 year old man had a dual chamber pacemaker implanted in his right atrium and right ventricle at Kaiser Hospital, Oakland, California on June 15, 1987. Five months later on November 13, 1987, it was discovered by a chest x-ray that the wire in the right ventricle had formed a loop that had prolapsed near the outflow tract, leading to the pulmonary artery. Although the radiologist accurately reported the finding in a typed summary, the finding was never made known to the patient’s treating physicians and was never told to the patient until April 2006. There were many subsequent x-rays, showing the position of the pacemaker wire, but none of the treating physicians looked at these chest x-rays and no-one informed the patient of the malposition and its possible consequences. Each time a chest x-ray was taken over 17 years, the radiologists reported no change in position from the previous x-ray. In March 2004 he had chest pain with exertion and signs of a systolic ejection murmur in the left sternal border that indicated a possible right ventricular outflow tract obstruction. This was the first time that the patient suffered appreciable harm from the earlier negligence of Kaiser physicians and we argued this event started the three year statute of limitations to run. It was not until 2006 that Kaiser physicians discovered that the right ventricular pacing lead had looped and prolapsed into the right ventricular outflow tract, causing tissue reaction that caused the obstruction. The obstruction had to be surgically removed in a high risk open heart surgery in August 2006 that was successful. Kaiser refused to compensate the patient for their failure to recognize and treat this problem. We proved at arbitration that the pacemaker wire could have been correctly positioned without surgery if it was done in 1987 and the patient would not have suffered the severe disabling effects that caused him to lose his position as the head pastor of a large Oakland church and required a life threatening surgery. Kaiser made no offer to settle the case and we won an award of $889,061 after several days of arbitration
Negligent change in blood thinning medication – Confidential Settlement
A 27 year old woman who had previously suffered a stroke was undergoing a change in her blood thinning medication. The conversion to heparin had not been appropriately administered by her Kaiser Permanente physician. Blood test results had not been documented, monitoring was erratic and there had not been consultations with her cardiologist. She suffered a heart attack when the Kaiser physicians sent her home after she had been to the hospital complaining of pain in her back and shortness of breath. Our medical experts were able to demonstrate the medical malpractice and we recovered a substantial confidential settlement.
Negligent discharge from surgery center – $630,000
A 55-year-old woman underwent outpatient plastic surgery including abdominoplasty. Shortly before she was discharged, she was shivering and needed oxygen. Demoral (50 mg) was injected just before she was discharged. Although she was pale and her head was falling to her side, the plastic surgeon told her husband to take her home and she would gradually come out of the anesthesia. She fell asleep in the car on the way home and her husband called the anesthesiologist who told him to leave her in the car and watch her. When her breathing decreased, her husband again called the anesthesiologist who told him to rush her to the hospital. A Code Blue was called and although she was eventually resuscitated at the hospital, she was clinically brain dead. The cause of death was hypoxic encephalopathy due to respiratory arrest during recovery from general anesthesia. We argued that inappropriate anesthesia had been administered and recovery room and discharge errors were made resulting in a negligent prenature discharge. The surgery center did not have written policies and procedures for discharging patients and the patient was rushed out of the recovery room because another surgery was scheduled and the operating room was also the recovery room. The decedent left a husband and two adult children.
Incorrectly placed catheter -- $500,000
A 46 year old woman was admitted into the hospital to remove a small bowel obstruction. Several attempts to insert a central vein catheter for total parenteral nutrition (TPN) were made and an x-ray indicated the right subclavian catheter extended down into the vena cava with the tip in the right atrium. After surgery, the patient experienced severe distress, became hypotensive, went into cardiac arrest and died. Although subsequently the catheter appeared to be in the correct location and there was no well-defined area of perforation of the heart, we contended that an endocardial hemorrhage in the right atrium and the accumulation of milky white fluid in the pericardial sac indicated perforation of the heart by the subclavian catheter. The defendant manufacturer of the catheter contended the physician had placed the tip of the catheter below the junction of the superior vena cava into the right atrium contrary to the warnings on the catheter kit. The physicians, hospital and product manufacturer contributed to the settlement.
Farm Worker Accidents
Injured minor farm worker – $3,454,587
Farm workers in a Daihatsu vehicle making a left turn at dawn on their way to work were struck by a pick-up truck in rural San Joaquin County. The CHP officer investigating the accident determined that the collision was caused by the farm worker. The insurance company for the pick-up truck had limited insurance with Farmers Insurance, who refused to pay the drivers insurance policy limits because they were convinced that the Hispanic farm workers could not win at trial. Our accident reconstruction experts testified that the pick-up driver had been speeding, was inattentive and was a cause of the accident. Our client was an 18 year old passenger who received a severe traumatic brain injury (TBI) in the collision. At trial we achieved a settlement of $3,454,587 which Farmers Insurance Company paid. The funds have been placed in an annuity with lifetime payments for medical and living expenses for our client.
Fatigued farm worker causes collision -- $2,500,483 settlement
A mother driving her young children home after school in the family car collided with a grape harvesting vehicle near Valley Springs in San Joaquin County. The driver of the farm equipment was fatigued because his employer required him to work overtime for several weeks and he had been drinking. A seven year old girl was killed and her sisters and mother received severe personal injuries. We successfully held the large wine company employer responsible for the accident. The farm worker had been forced to work long hours and should not have been driving the grape harvesting vehicle on a public road.
Tractor brakes fail – Confidential settlement
A Ford tractor traveling down the steep Oakdale Grade in Napa County picked up speed and went off the road, killing the farm worker operator. The Ford tractor could not be stopped once it reached speeds in excess of twenty-five miles an hour. The tractor driver was not informed about this braking limitation before he started down the steep hill. We claimed the warnings about brake limitations were not adequate and that the grape harvesting employer should not have allowed the tractor to be used on a steep public road. The employer had allowed water to be placed in the two rear tires, causing further instability.
Poorly lighted tractor causes death -- $1,045,000 settlement
After a long day of working in t he fields, a farmer was driving his 1966 John Deere tractor on a Stanislaus County public road in the dark with inadequate lights. The farmer should have driven the tractor back to his farm during daylight. A woman driving a 1999 Hyundai on West Main Street near Crows Landing Road came up behind the slow moving tractor and could not see it in time to slow down. She swerved across the centerline to avoid colliding with the tractor and collided with an oncoming vehicle, causing the death of a passenger. We represented the wife and children of the deceased passenger, a grocery store operator. We claimed the tractor was in violation of the California Vehicle Code for failure to have a red rear light visible from 500 feet away and that the tractor should have been traveling on a 25 foot wide shoulder.
Farm worker burned by downed power line – Confidential settlement
A 17 year old farm worker boy working on a tomato sorter harvesting machine in Fresno County suffered second and third degree burns on 25 percent of his body when he came in contact with a downed power line. A harvester employee had driven his tractor into a power pole, knocking it to the ground. The landowner did not immediately call to have the power turned off or to secure the line and it was down for over 2 hours. The case settled for a confidential amount at trial.
Clergy and Child Sexual Abuse
Clergy Sexual Abuse – $17,050,000
After three weeks of trial in Oakland, California in 2003, we concluded what was then the largest California court settlement for a single victim of sexual molestation by a Catholic priest. Our client was a 15 year old altar boy in 1979 and 1980 when he was sexually molested by his pastor. Evidence was introduced at trial showing multiple molestations by several priests of the Oakland Diocese. Although the pastor had denied molesting the boy in his deposition, we were able to obtain an admission of molestation during his testimony at trial. The Alameda County jury was shown multiple instances of molestation by other Oakland Diocese priests as a pattern of conduct that had been continuously ignored by the church.
Clergy Sexual Abuse – $8,200,000
We represented five different women who had been sexually molested by Steven Kiesle, a Catholic priest in Fremont, California, when the girls were 8 to 11 years old during the years 1969 to 1972. Steven Kiesle had admitted molesting many children and bragged that he was the “pied piper” to children. He said that he tried to molest every child he sat on his lap. When asked how many children he had molested over the years, he answered “tons.” We held the Oakland Diocese responsible for continually allowing Kiesle to be a priest when they had evidence he had been inappropriately touching children.
Fraud/Business Litigation
Deceptive homeowner sales -- $29,069,856 Trial Judgment
We represented hundreds of homeowners in Northern California who purchased exterior vinyl siding for their homes as a result of deceptive sales practices. The cost of the siding was misrepresented and high finance charges were added after the sale. The defendant contractor prepared false credit applications to obtain financing that the homeowners could not afford and placed liens on their homes when the homeowners could not pay the high cost of the siding. The contractor committed fraud by providing false warranties, and by installing defective vinyl siding. We undertook extensive investigation and at trial proved that the defendants violated the Unruh Act, the Consumer Legal Remedies Act and the Federal Truth in Lending Act. The homeowners were compensated and no one lost their home.
Mortgage lending violations -- Confidential settlement
We represented California homeowners who obtained loans from First Alliance Mortgage Company (FAMCO) secured by deeds of trust on their homes. We alleged FAMCO misrepresented and concealed its fee for the loan, charged excessive fees and sold unnecessary fire insurance. Plaintiffs claimed breach of fiduciary duty, fraud, conversion and unjust enrichment. We obtained a favorable settlement at the beginning of the trial, the homeowners were compensated and there were no home foreclosures.
Fraud in homeowner improvements – $16,884,563 Trial Judgment
The defendants fraudulently sold and financed the sale of residential vinyl siding to homeowners, primarily in the Bay Area and Sacramento area. We proved that the defendants misrepresented the product, sold defective products and arranged for financing in violation of consumer protection laws. Loans were made to homeowners who could not afford to repay them that would have resulted in home foreclosures. We achieved fair compensation for the homeowners and no one lost their home.
Solar heating fraud -- $9,777,000 settlement
This case involved fraudulent sales and business practices in the sale of solar heating systems to over 4,000 home owners throughout California. The Dynasty Solar sales persons made misrepresentations about no out-of-pocket costs for the solar heating systems. They did not include the finance charges in the cost benefit calculations and misrepresented how long the system could pay for itself. We alleged the financing violated the Unfair Practices Act and the terms of the loans concealed the balloon payments and appraisal fees. The products contained numerous defects and were misrepresented. The homeowners were compensated and there were no lien foreclosures.
Life insurance fraud – $1,450,000
We represented several hardworking low to middle income families who had purchased whole life insurance policies from Metropolitan Life Insurance and expected that as long as they paid the fixed unchanging premium, the insurance would be available for their heirs when they died. A Met Life insurance agent, working out of Modesto and Merced, California, engaged in an activity termed “churning” or “piggybacking” where the value in an older existing life insurance policy was taken to fund the purchase of a new Met Life policy. The sales agent convinced the policy holders to roll the cash value built up in their policies to purchase new, more costly and less advantageous universal life policies. The devastating result for each policy holder was the end of their insurance or a policy which required higher premiums to keep it in force. The sales agent also falsely checked one of the boxes on the insured’s application, denying the existing policy was being used to fund the new policy and promised a higher interest rate than the actual rate. Met Life attempted to avoid responsibility by claiming the insureds had the opportunity to read the policy and should not have relied on the salesman’s promises. The case settled at a mediation before trial and the policy holders were compensated for their losses.
Insurance company denies coverage -- Confidential settlement
Our client had an insurance policy issued by Aetna Casualty & Surety Company for uninsured and underinsured motorist coverage. He was involved in an accident with an underinsured motorist and when he made a claim under his policy, it was denied. Aetna required an arbitration which caused a delay in payment over a year. The claim was arbitrated and a judgment for his injuries and damages was obtained against Aetna. This was paid by Aetna. We then filed a lawsuit against Aetna for the bad faith failure to pay the claim and the delay in payment. After we completed the depositions of the Aetna claims manager, supervisor and other claims persons, the case settled for a confidential amount at mediation.
Insurance Bad Faith -- $650,000
We represented a young San Francisco man who was injured when he fell from a second-story balcony at a residential home because of a defective balcony railing. The defendant homeowners were denied insurance coverage for the claim by their insurance company, Farmers Insurance, for failing to pay the insurance premium. We proved at trial that Farmers Insurance failed to meet the requirements of Insurance Code 678, the anti-lapse statute, and had not sent valid cancellation notices to their insureds.
Will and Trust Contests
Undue influence disinherits children -- $3,800,000
Working closely with probate associate counsel, we represented two brothers who were cut out of their mother’s estate when a series of wills and trust admentments left the estate to charity. Their mother consistently stated through the years that she was leaving her half of the estate to her two sons. Alzheimer’s disease caused her mental capacity to deteriorate. When she died, her half of the estate went to her husband who was not the father of our clients and he changed his will to leave the entire estate to charity. After extensive litigation including depositions of over twenty-five friends of the family, we settled the case at mediation prior to trial and the two brothers received their half of their mother’s estate.
Sister cuts brother out of estate -- $1,700,000
An elderly mother amended her estate plan several times to make sure her two children were treated equally. Whenever she gave cash or gifts to one child, she changed her will to provide an equal amount to her other child. As the mother’s mental capacity decreased, her daughter took control of her aging mother, isolated her and unduly influenced her to change her estate plan, leaving almost everything to the daughter. We represented the son who alleged that the changes to his mother’s trust were the result of undue influence by his half sister. The case was fully litigated and prepared for trial where it settled on the first day of trial.
