Product Liability
ARBITRATION AWARD: Total award 4,100,000.00.
Defendant Ferrellgas is 10% negligent, GES is 40% negligent and Plaintiff Jason Beardo is 50% negligent. Net to Plaintiff $532,660.39
CASE NAME: Jason Beardo v. Ferrellgas
DATE: September 27, 2004 - October 4, 2004
CASE FACTS: Plaintiff JASON BEARDO was working on said premises on the morning in question. He was attempting to refill a portable propane cylinder, which was used to power his forklift, from a larger, stationary propane storage tank which was owned, installed, and maintained by Defendant, FERRELLGAS L.P. Mr. Beardo was a certified forklift operator, attempted to disconnect the portable tank from the hose when Mr. Beardo saw an orange flash for a second and before the ignition. The cause of the could have come from numerous sources, including static electricity from carpeting on a dolly at the location, or even the metal on the wheels of the dolly. Once the propane ignited, Jason Beardo dropped the hose nozzle and when the nozzle hit the ground it re-opened the previously closed Quick Act valve, causing propane to escape from the nozzle with great force. This gas then ignited and caused a pressurized flame to shoot out some 15-20 feet from the nozzle away from the main propane storage tank. The heat of the flames reached temperatures as high as 1500 degrees Celsius.
INJURIES AND DAMAGES: 3rd degree burn upper arm, 3rd degree burn forearm, 2nd degree burn neck, Burn n.o.s. eye, 2nd degree burn head, 10-19% body burn/10-19% 3d, Status post left upper extremity second to third degree burns with resultant skin graft surgery, Status post right upper extremity second degree burn injury, Bilateral upper extremity complaints of numbness and tingling, Paretic vocal cords bilaterally and 3-4 mm glottic gap, as well as diffuse laryngeal inflammation from acid reflux, propane burns to upper respiratory tract, depression, anxiety and stress, Esophageal
PERMANENT INJURIES - burn scars over the left and right upper extremity, decreased sensation over the skin graft scar at the left upper extremity with hypersensitivity to light touch, decreased grip strength in the left minor upper extremity in comparison to the right upper extremity, frequent slight to moderate bilateral forearm, wrist and hand pain at rest, increasing to activity, as well as exposure to extremes of hot or cold environments.
SPECIALS IN EVIDENCE: Total medical expenses $251,853.93; Loss of earnings $97,541.00
Personal Injury/Unsafe Lane Change Auto Collision
Settlement: $2,900,000.00
CASE: Amy Paine Howell v. Nancy Pinkard Brunt, Morgan Drive A Way Inc.
COURT/DATE: Los Angeles Superior, Alhambra, February 3, 2004
FACTS: The plaintiff, age 72, was driving a 1990 Acura Integra on the number 5 lane westbound on the 210 Freeway. The defendant was driving an RV in the number 4 lane while acting as an employee of the defendant Morgan Driva A Way, manufactured by the defendant Fleetwood Enterprises. The defendant made an unsafe lane change and struck the rear portion of the plaintiff’s car causing it to spin left, collide into the concrete divider, spinning into the number 2 land sideways, colliding with a 1989 Jeep Cherokee. The plaintiff was cut from her vehicle with the “Jaws of Life” and transported to a hospital. The defendant fled the scene and was later identified. The plaintiff suffered life-threatening injuries, including a lacerated liver, perforated lungs, fractured pelvis, compression fracture in the spine, separated sternum, head trauma, chipped teeth and fractured limbs.
Personal Injury/Auto Accident
Case Name: David Zhou v. Unisource Worldwide Inc., et al.
Case Number: BC317738
Judge: Hon. Ernest M. Hiroshige
Topic: Auto vs. Auto
Settlement: $1,423,295.00
Attorneys:
Plaintiff: Andrew L. Ellis (Law Offices of Andrew L. Ellis & Associates, Culver City)
Defendant: Matthew J. Trostler (Borton, Petrini & Conron, LLP, Los Angeles)
FACTS:Plaintiff David Zhou was stopped at a traffic light traveling westbound on Leo Avenue in his minivan. Behind the plaintiff was a Volvo, also stopped. Defendant Berrato in a Big Rig truck to hit the Volvo, pushing it into the back of the plaintiff’s minivan. Property damage was moderate to severe.
INJURIES: Neck injury which required a minimally invasive neck surgery in Oct.2004. Low back injury which required surgery in June 2004. Dental injury which required mouth reconstruction in Sep. 2004.
SPECIAL IN EVIDENCE: MEDS: $189,134.00
SETTLEMENT DISCUSSIONS: The defendant offered $50,000.
The plaintiff demanded $800,000 which was lowered to $600,000 at the time of the trial.
The defendant, after six days of trial, upped their offer to $275,000.
RESULTS: Case settled for $1,423,295.00
Personal Injury/Auto Accident
Case Name: Robert Paris vs. George Willington Pointdexter
Case Number: S1500CV259912 - Bakersfield
Judge: Hon. Russell Bostrom, Judicatwest
Topic: Personal Injury
Settlement: $750,000.00
Attorneys:
Plaintiff: Andrew L. Ellis (Law Offices of Andrew L. Ellis & Associates, Culver City)
Defendant: Lawrence Walter & Richard Pellegrino (Law Offices of Richard B. Pellegrino, Encino)
Medical Experts:
Plaintiff: Dr. Michael Schiffman, Orthopedic Surgeon
Defendant: Dr. Melvin H. Nutig
Dr. Stephen L.G. Rothman
FACTS:Plaintiff, Robert Paris, was traveling southbound on Highway 14, a 2-lane highway, to San Bernardino. Plaintiff driving a 2000 Ford Crown Victoria, owned by employer, came to a stop due to Granite Construction on the highway. Behind plaintiff was a Saturn also waiting to proceed. Plaintiff noticed construction worker signaling someone to stop. Defendant, driving a Titan Bottom 2 Axle truck also owned by employer, did not slow down and collided with the Saturn behind the Plaintiff. This impact caused another collision between the Saturn and Plaintiff. Plaintiff’s truck was turned 90 degrees and traveled 100 to150 ft. due to impact.
CONTENTIONS: Plaintiff, Robert Paris, contended that defendant was negligent and inattentive while operating his vehicle. Otherwise defendant would have seen the construction worker’s signals and the two cars stopped ahead of him. Defendants contended that Mr. Paris had pre-exiting injuries from prior accidents.
INJURIES: Plaintiff, Robert Paris, suffered a 2.5 cm laceration on his scalp. Plaintiff was diagnosed with Musculoligamentous sprain in his cervical, lumbar and thoracic spine. Plaintiff was also diagnosed with 3mm disc protrusion, L3-L4 and L5-S1, and a 2mm disc bulge, L4-L5. Plaintiff also suffered post traumatic cephalgia and post traumatic cervical sprain in both cervical radiculopathy and lumbar radiculopathy. Plaintiff underwent surgery for total disc arthroplasty at L4-L5 and anterior lumbar interbody fusion at L5-S1.
SPECIAL IN EVIDENCE: MEDS: $271,397.68
SETTLEMENT DISCUSSIONS: Plaintiff demanded 1,000,000.00 policy limits. Defendant initially offered $250,000.00
RESULTS: The case settled for $750,000.00 at mediation.
Personal Injury/Wrongful Death
Settlement: $500,000.00, policy limit
CASE: Nora Gomez, et.al. V. Angela Shepard, et.al.
DATE: Los Angeles Superior, Norwalk, Dec. 12, 2003
FACTS: The decedent was in a relationship with defendant Shepard. After a verbal quarrel, the decedent left the residence and returned after a short time. Shepard shot the decedent twice in the chest, mistakenly believing the decedent was going to harm her.
Personal Injury/Slip and Fall
Case Name: Richard Lizzarraga vs. Mervyn’s LLC
Case Number: BC367858
Judge: Mediator Hon. Judge Sheffield, Judicatwest
Topic: Slip and Fall
Settlement: $350,000.00
Attorneys:
Plaintiff: Andrew L. Ellis (Law Offices of Andrew L. Ellis & Associates, Culver City)
Defendant: John Wright, Attorney for defendants, City of Los Angeles (Deputy City Attorney, Van Nuys)
Jane K. Lee and Wendy L. Wilcox (Jampol, Zimiet, Skane & Wilcox, Los Angeles)
Medical Experts:
Plaintiff: Michael Schiffman, M.D., Los Angeles
Tom Kalili, D.M.D., Beverly Hills
Defendant: Marc Gomez, Ph.D
Dr. Jacob E. Tauber
Technical Experts:
Plaintiff: Alex Balian, West Hills
Defendant: Michael V. Nicholas
FACTS:Plaintiff, Richard Lizzarraga, went to Mervyn’s with his mother to buy shoes. Plaintiff slipped and fell in the second floor. Plaintiff slipped on a green sign which had fallen from its post, 2 to 3 feet from Plaintiff. The sign was sale sign at Mervyns.
CONTENTIONS: Plaintiff, Richard Lizzarraga, contended that Defendant was negligent in leaving the sign on the floor long enough for a patron to slip and fall on. Employees should have noticed the missing sign and taken appropriate action. Defendant’s failure to inspect premise regularly made a dangerous atmosphere for previous and future patrons.
INJURIES: Plaintiff, Richard Lizzarraga, was diagnosed with temporomandibular joint syndrome, post-traumatic insomnia, and musculoligamentous sprains/strains of the cervical and lumbar spine. Right shoulder, forearm, wrist, hand, knee, and ankle sprains/strains. Impingement syndrome; hypertophic degenerative, and tendinosis involving supraspinatus tendon. Lumbar spine sprain/strain; broad-based disc bulging, L3-4, L4-5, and L5-S1, mild foramina narrowing L3-4, L4-5 and L5-S1 disc collapse, L5-S1. Plaintiff underwent surgery on his right knee for anterior synovectomy, lateral retinacular release, partial plica resection, and subtotal resection of discoid lateral meniscus. Plaintiff was diagnosed with Musculoskeletal injuries. Plaintiff then underwent surgery on his right shoulder for arthroscopy, bursoscopy, and bursectomy. The surgery also entailed of debridement of the rotator cuff, removal of the undersurface acromial osteophyte, AC arthroplasty, and an insertion of a pain pump.
SPECIAL IN EVIDENCE: MEDS: $115,309.29
SETTLEMENT DISCUSSIONS: Plaintiff demanded $450,000.00
RESULTS: After a half day of mediation, the case settled on a mediator’s proposal of $350,000.00
Auto vs. Pedestrian
MEDIATION RESULTED IN SETTLEMENT OF $320,000.00 in favor of the Plaintiff.
CASE NAME: Michael Love vs. LACMTA
DATE: July 20, 2005
CASE FACTS: This lawsuit arises from a Vehicle vs. Pedestrian accident that occurred on August 10, 2004, at 5:30 p.m. Mr. Love was traveling on his electric scooter at approximately 6-7 miles per hour southbound on Lankershim Boulevard, in the crosswalk. As Mr. Love proceeded through the intersection of Magnolia pursuant to a green light, he was struck by Defendant’s bus as the bus attempted a right turn from Lankershim onto Magnolia. Mr. Love was thrown approximately 15 feet and was injured. Police and paramedics were summoned to the scene. Due to Defendant’s negligence, Mr. Love suffered severe personal injuries. Mr. Love was utilizing the scooter due to a pre-existing hip problem.
INJURIES AND DAMAGES: As a result of the subject accident, Plaintiff sustained injuries to his left elbow; Plaintiff additionally suffered back and neck pain and contusions. Left elbow supracondylar/intercondylar humerus fracture, status post open reduction and internal fixation. Hair loss, posterior scalp secondary to intraoperative surgical positioning.
SPECIALS IN EVIDENCE: Medical expenses $89,489.00.
PROPERTY DAMAGE: Mr. Love’s scooter was damaged in the accident. The estimated value of this scooter is believed to be $800.00.
Premises Liability
ARBITRATION AWARD: $222,254.00
CASE NAME: SUSAN GOLDBERG ROBERTSON v. UNIVERSAL STUDIOS, INC.
DATE: 12/14/04
CASE FACTS: Ms. Goldberg was inside the “Return of the Mummy” attraction at the subject premises, ascending a staircase. The attraction was poorly lit, and as Ms. Goldberg was ascending the staircase, a costumed employee of the Defendant, who was on the same staircase, struck Ms. Goldberg on the top of her head with the underside of his arm.
INJURIES AND DAMAGES: loss of normal cervical lordosis; the loss of disc space signal in the C2-3 and C3-4 levels; Degenerative interspace narrowing and loss of disc space signal intensity and a 3mm disc protrusion or herniation indenting thecal sac with likely anterior cord flattening and indentation at the C4-5 level; a 1-2 mm disc/annulus bulge with end plate ridging indenting thecal sac greater to the right of midline at the C5-6 level; and degenerative interspace narrowing and loss of disc space signal intensity with suspected subtle 2mm disc herniation (left) with associated left anterior cord contact (but no obvious cord flattening or indentation), thoracic myofascial strain, lumbar strain, status post L4-L5 laminectomy, left chest wall strain. Due to her injuries, Ms. Goldberg was unable to work for approximately 5 months following the accident. Ms. Goldberg was formerly self-employed as a flower wholesaler at an approximate profit margin of $5,000.00 per month.
SPECIALS IN EVIDENCE: medicals expenses totaled at $144,500.07, reduced to $42,000.00. Loss of earnings $40,618.00.
Personal Injury/Premises Liability
Settlement: $190,000.00
CASE: Will Lewis Jr. v. Eastern Professional Properties, Reliance Building Services Inc.
COURT: Los Angeles Superior, Pomona
FACTS: On Aug. 28, 2002, the plaintiff, age 46, was making a delivery to the defendant’s office when a piece of the step he was on broke off and he fell approximately three to four feet. He jerked backwards and twisted sideways, trying to hold onto the metal railing. He fell and struck his right knee against the metal railing and then landed on his back. In addition, he struck his right upper extremity when he fell.
Premises Liability/Slip & Fall
SETTLEMENT: $190,000 in favor of the Plaintiff
CASE NAME: Edward Romero vs. ServiceMasters
COURT DATE: July 22, 2005
CASE FACTS: This case arises from a slip-and-fall accident that occurred on September 17, 2003. Mr. Romero works for The Boeing Company in Long Beach as a production control expeditor. Mr. Romero was walking in Building 54 when he slipped on water that was left on the floor by a Service Master cleaning machine. Defendants Aramark provided the cleaning machine and employee, operating the machine. The floors were to be kept clean on a daily basis by this machine. Plaintiff argued that the machine left a wet streaks on the floor, if the operator moved the machine too quickly. Mr. Romero slipped and landed on his wrists, hands, and knees suffering severe injuries. Mr. Romero also experienced pain in the groin region. Immediately after the accident, Mr. Romero contacted the safety department.
INJURIES AND DAMAGES: Due to Defendant’s negligence, Mr. Romero sustained injuries to the Lumbar. Left knee, left wrist, Mr. Romero had left knee surgery. Mr. Romero continued to have residual pain in his lower back and left knee.
LOSS OF EARNINGS: Due to the subject accident, plaintiff has suffered lost income. The injury suffered by plaintiff made him unable to work for nine months. However, Plaintiff’s employer continued to pay worker’s compensation benefits.
SPECIALS IN EVIDENCE: Worker’s Compensation lien was $69,000.00 reduced to $60,000.00.
Premises Liability/Slip & Fall
SETTLEMENT AT TRIAL : $185,000.00 in favor of the Plaintiff
CASE NAME: Hector Ortiz vs. City Of Compton
COURT DATE: October 6, 2005
CASE FACTS: This case arises from an accident which occurred on March 21, 2004 at or near 1706 W. Pearl Avenue in Compton, California. Plaintiff Hector Ortiz parked his vehicle on Pearl, in front of property owned by Defendants, next to the curb, exited his vehicle, and walked around the rear of the vehicle to the sidewalk. As plaintiff stepped up onto the curb, his left foot fell into a hole in the grass next to the curb, which was obscured by grass covering the hole. The hole was not barricaded in any way, nor were there any signs warning pedestrians about the dangerous hole in the ground. Plaintiff fell with his left leg in the hole up to his knee, causing his entire body to twist to the right. As a result, plaintiff suffered serious physical injuries to his back and lower extremities.
INJURIES AND DAMAGES: As a direct result of Defendants’ negligence, plaintiff suffered serious physical injuries. When plaintiff stepped into the hole, his leg went down into the hole and his entire body twisted to the right. After being helped out of the hole by his wife and sister, plaintiff immediately felt pain in his back and knee. Plaintiff also had several scrapes and bruises where he had struck the side of the hole. As a result of the fall, Plaintiff sustained the following injuries: Lumbar sprain; Internal derangement of knee; Ankle (medial ligament) sprain; Fracture of unspecified bone(s) of the foot. Total medicals incurred by Plaintiff: $57,040.73.
LOSS OF EARNINGS: Due to the subject accident, plaintiff has suffered lost income. The injury suffered by plaintiff made him unable to work for ten months. Plaintiff’s total loss of income: $5,400.00.
Personal Injury/Premises Liability
Case Number: LC076791
Judge: Mediator Wendy Kramer, Judicatwest
Topic: Bicycle accident
Settlement: $130,000.00 (Total)
Attorneys:
Plaintiff: Andrew L. Ellis (Law Offices of Andrew L. Ellis & Associates, Culver City)
Defendant: John Wright, Attorney for defendants, City of Los Angeles (Deputy City Attorney, Van Nuys)
Chike G. Onyia, Attorney for defendants, Pacific Bell Telephone Co. (Martin & Martin, LLP, Los Angeles)
Medical Experts:
Plaintiff: Kyle Landauer, M.D., Los Angeles
Tom Kalili, D.M.D., Beverly Hills
Defendant: City of Los Angeles - Dr. Melvin Nugit
Pacific Bell Telephone Co. - Dr. Harold Markowitz, Dr. Alvin J. De Bre’, Dr. Stuart H. Kuschner
Technical Experts:
Plaintiff: Brad Avrit, Marina Del Rey
Defendant: City of Los Angeles - Tayrn L. Johnson
Pacific Bell Telephone Co. - Richard Rauseo
FACTS: Plaintiff, Felipe Rojas, was riding his bicycle westbound on the north side of the sidewalk on Staticoy Avenue. Plaintiff’s front wheel fell into a utility whole that was not properly covered. The whole was 2 feet deep which caused Plaintiff to flip over and fall face first. The rectangular concrete cover was imprinted with “SBC”, which is AT&T. There were neither cones nor warning signs for the people walking buy of the unstable cover.
CONTENTIONS: Plaintiff, Felipe Rojas, contended that Defendant was negligent in warning pedestrians of the whole and properly maintaining the sidewalk.
INJURIES: Plaintiff, Felipe Rojas, broke his 4 front teeth and bilateral trapezius suschle strain, and nasal fractures. Plaintiff’s also suffered a left hand fracture and left 5th metacarpal fracture, temporomandibular joint and cervical musculoligamentous strains. Plaintiff was diagnosed with lumbosacral musculoligamentous strain, bilateral knee contusions, right shoulder and left elbow sprains. Plaintiff underwent closed reduction with percutaneous pinning of the left 5th metacarpal neck fracture.
SPECIAL IN EVIDENCE: MEDS: $85,473.25 (reduced to $45,000.00)
SETTLEMENT DISCUSSIONS: Plaintiff demanded $250,000.00
RESULTS: Case settled after a full day of mediation for $130,000.00 ($5,000.00 from the City of Los Angeles)
Personal Injury/Auto Accident
Case Name: Ignacio Murillo vs. Jeffrey Robert Kurges
Case Number: PC039261
Judge: Mediator Russell Bostrom, Judicatwest
Topic: Personal Injury
Settlement: $125,000.00
Attorneys:
Plaintiff: Andrew L. Ellis (Law Offices of Andrew L. Ellis & Associates, Culver City)
Defendant: Timothy P. McDonald(Ford, Walker, Haggerty & Behar, Long Beach)
Medical Experts:
Plaintiff: Michael Shiffman, M..D., Los Angeles
Defendant: Dr. Richard C. Rosenberg, Los Angeles
FACTS:Plaintiff, Ignacio Murillo, was traveling West on Chatsworth St. And stopped for a red light. Defendant, Jeffery Kurges, was traveling southbound on Sepulveda Boulevard in his 1997 Ford Explorer. As Plaintiff’s light turned green, Plaintiff proceeded into the inter-section. Defendant collided with Plaintiff’s vehicle, causing Plaintiff’s vehicle to spin and face southwest direction.
CONTENTIONS: Plaintiff, Ignacio Murillo, contended that Defendant neglected to be aware of his surroundings and was driving in an unsafe manner.
INJURIES: Plaintiff, Ignacio Murillo, was diagnosed with chest contusion on his left clavicle region, costochondrities, and diffused hematoma. Plaintiff was also diagnosed with neck strain, chest and shoulder contusion. Plaintiff was diagnosed with cervicothacic and lumbar strains, right shoulder impingement syndrome with acromioclavicular joint pain, and both bilateral carpal and cubital tunnel syndrome. His 2mm disc bulge at C3-C4 and C4-C5 evolved to multilevel discogenic disease. Plaintiff also suffered from depressive disorder and psychological factors affecting his medical condition. An x-ray revealed that the Plaintiff also suffered from radiculopathy, spondylolisthesis, C2-3, and mild kyphotic deformity.
SPECIAL IN EVIDENCE: MEDS: $37,939.86
SETTLEMENT DISCUSSIONS: Plaintiff demanded $220,000.00
RESULTS: Case settled at mediation for $125,000.00
Personal Injury/Auto v. Bus
Settlement: $119,000.00
CASE: Gutierrez v. Daniels
COURT: Los Angeles Superior, Central
FACTS: The plaintiff was driving a 1997 Santa Monica Big Blue Bus and traveling northbound on Lincoln Boulevard near the intersection of California Avenue in or near the City of Santa Monica. As the plaintiff was in the left turn lane at the intersection awaiting a red light in order to proceed and make a left-hand turn, the defendant, driving southbound in a 2000 Cadillac Escalade, ran a red light and collided with the right front-end door of the plaintiff’s vehicle. The impact was severe and resulted in injury to the plaintiff, including an acute right wrist strain and bilateral eye exposure (irritated eyes).
Personal Injury/Auto Accident
Case Name: Lisa Catalano vs. Nicole Moroney
Case Number: 07CC08959
Judge: Hon. William M. Monroe
Topic: Personal Injury
Settlement: $100,000.00
Attorneys:
Plaintiff: Andrew L. Ellis (Law Offices of Andrew L. Ellis & Associates, Culver City)
Defendant: Jean M. Moriarty ( O’Shea, Macrae & Edrington, Santa Ana)
Medical Experts:
Plaintiff: Dr. Michael Schiffman, Orthopedic Surgeon
Defendant: Dr. Howard Tung, Encinatas
FACTS:Plaintiff, Lisa Catalano, was traveling Southbound on Brookhurst in the #2 lane and was stopped at a red light on the corner Brookhurst. Defendant, traveling Southbound on Brookhurst in the # 2 lane at approximately 25 mph, failed to stop and rear-ended Plaintiff.
CONTENTIONS: Plaintiff, Lisa Catalano, contended that defendant was negligent and inattentive while operating her vehicle. Otherwise, Defendant would have seen Plaintiff’s stopped car.
INJURIES: Plaintiff, Lisa Catalano, suffered cervical sprain with disc hernia and a 2mm concentric posterior disk bulge with anterior cord impingement at C5-6. Plaintiff was also diagnosed with post traumatic left shoulder sprain.
SPECIAL IN EVIDENCE: MEDS: $36,689.69
SETTLEMENT DISCUSSIONS: Policy limits was requested by the plaintiff.
RESULTS: The case settled for Policy limits of $100,000.00
Personal Injury/Left-Turn Collision
Settlement: $100,000.00 (policy limit)
CASE: Craig Michael Collins v. Abigail Jimenez
COURT/DATE: Los Angeles Superior, Santa Monia, October 1, 2004
FACTS: On November 20, 2002, the plaintiff was driving his 1983 Mercedes sedan southbound on Overland near the intersection with Palm Court Way. The Plaintiff was traveling behind another vehicle in the number 1 lane, intending to make a left turn. The traffic signal was green for all southbound traffic at that time, with a green arrow indicated for plaintiff’s lane to turn left. The vehicle in front of plaintiff safely make its turn into the parking lot, and plaintiff began to make his left turn as well. At this time, the defendant traveled northbound at a high rate of speed, failed to stop her vehicle for a red light and collided with the plaintiff’s vehicle.
Personal Injury/Rear-end Collision
Case Name: Candace Dallas vs. Art Nelson
Case Number: 07CC11927
Judge: Hon. William Monroe
Topic: Auto vs. Auto
Settlement: $100,000.00
Attorneys:
Plaintiff: Andrew L. Ellis (Law Offices of Andrew L. Ellis & Associates, Culver City)
Defendant: Tejas Patel (Ford, Walker, Hagger & Behar, Long Beach)
FACTS: Plaintiff, Candace Dallas, was traveling north bound on the 405 freeway, lane number 5, when she came to a stop due to traffic. Defendant, Art Nelson, was also traveling north bound on the 405 freeway. Defendant did not notice the stopped traffic and tried to switch lanes, but rear-ended Plaintiff. Property Damage for the plaintiff was $2,724.17.
CONTENTIONS: Plaintiff, Candace Dallas, contended that Defendant operated his vehicle in an unreasonable and unsafe manner. Otherwise, Defendant would have seen the stopped traffic and Plaintiff’s vehicle.
INJURIES: Plaintiff, Candace Dallas, was diagnosed with thoracolumbar scoliosis, post traumatic cephalgia, and cervical spine sprain/strain. Plaintiff also suffered from thoracolumbar sprain/strain, radiculopathy, and loss of normal lordotic curve. In addition, Plaintiff was also diagnosed with disc bulges with nerve encroachment at L4-5 AND L5-S1, decreased disc height at L4-5, and disc collapse at L5-S1. She also suffered from a10mm disc extrusion with compression of the theral sac at L4-5 and a 6.7mm disc protrusion.
SPECIAL IN EVIDENCE: MEDS: $18,206.41
SETTLEMENT DISCUSSIONS: Plaintiff demanded the policy limits in a 998 offer
RESULTS: Case settled for $100,000.00
Personal Injury/Auto v. Truck
Settlement: $100,000.00
CASE: Madeline Renew v. Herman Weisser, et.al.
COURT/DATE: Los Angeles Superior, Torrance, Aug. 11, 2003
FACTS: On July 16, 2001, the plaintiff was driving her 1978 Toyota Corolla in the parking lot of her work. As she was attempting to leave the parking lot, an employee of defendant, Herman Weisser, backed into the plaintiff’s vehicle. The truck impacted the driver’s side of the plaintiff’s vehicle, pushing it several feet and locking together with it. When the truck pulled forward the sudden pulling force jerked plaintiff’s vehicle backward. As a result of the impact, the plaintiff required surgery to her right shoulder.
Personal Injury/Auto Accident
Case Name: Armando Trujillo vs. Andrew Kevin Smith
Case Number: LC076840
Judge: The Honorable Leon Kaplan
Topic: Auto vs. Auto
Settlement: $100,000.00
Attorneys:
Plaintiff: Andrew L. Ellis (Law Offices of Andrew L. Ellis & Associates, Culver City)
Defendant: Bradley A. Snyder (Snyder & Dorenfeld, Calabasas)
Medical Experts:
Plaintiff: Plaintiff Dr. Kyle Landauer, Orthopedist, Los Angeles
Defendant: Keith Liberman, Beverly Hills
FACTS:Plaintiff, Armando Trujillo, was traveling westbound on Mason Street in the number 1 lane. Defendant traveling eastbound on Mason Street veered onto westbound Mason Street and collided with Plaintiff.
CONTENTIONS: Plaintiff, Armando Trujillo, contended that Defendant was negligent and inattentive while operating his vehicle. Defendant operated his vehicle in an unreasonable and unsafe manner.
INJURIES: Plaintiff, Armando Trujillo, suffered from cervical myofacial strain with C7, lumbar strain with intermittent radiculopathy and magnetic resonance, and disc protrusion at L4-5 and L5-S1. Plaintiff was diagnosed with left elbow contusion with medial epicondylittis, left wrist strain de quervain’s tenosynovittis, and partial tear of the triangular fibrocartilage. Flexor tendon tendinitis, bilateral knee contusion with patellar tendinitis and patellofemoral subluaxtion.
SPECIAL IN EVIDENCE: $26,599.00
SETTLEMENT DISCUSSIONS: Plaintiff made the policy limits demand of $100,000.00
RESULTS: The case settled for the policy limits of $100,000.00
Personal Injury/Auto v. Motorcycle
Settlement: $100,000.00
CASE: Charles Wesley v. Cynthia M. Roberts
COURT/DATE: Los Angeles Superior, Santa Monica, January 21, 2004
FACTS: The plaintiff was riding a Honda VT500 motorcycle northbound on Barrington Avenue and at the Wilshire Boulevard intersection. The defendant was driving a Honda Accord and made a sudden unsafe turn directly in front of the plaintiff and collided with the motorcycle and caused, as a result, injury and property damage. As a result of the accident, the plaintiff has undergone arthroscopy surgery to repair his knee injury, extensive physical therapy for his neck, back and right knee.
Personal Injury/Slip and Fall
Case Name: Minor Siles by and through his guardian ad litem Luis Siles vs. Los Angeles Unified School District
Case Number: BC367149
Judge: Court Appointed Mediator Nancy McMurray
Topic: Slip and Fall
Settlement: $90,000.00
Attorneys:
Plaintiff: Andrew L. Ellis (Law Offices of Andrew L. Ellis & Associates, Culver City)
Defendant: Michael Harman and Jeanne L. Zimmer (Charles & Messer, Los Angeles)
FACTS:Plaintiff was 5 years old and attending school and went on a bathroom break without any supervision. Plaintiff noticed “a lot of water” on the floor, both inside and outside the stalls. As Plaintiff walked out of the stall, he slipped and fell on the wet floor. Plaintiff struck his head on the ground when he fell. No one at the school notified the Plaintiff’s parents of the incident. When Plaintiff’s mother questioned the vice-principal why she was never notified of the incident, the vice-principal stated that the school did not feel it was necessary to do so. The school nurse had taken care of the wound with an ice-pack. The child was taken to the hospital and diagnosed with a hemotoma on the brain.
CONTENTIONS: Plaintiff, Michael Siles, contended that the Defendant was negligent in failing to keep the bathroom in a safe condition. The Defendant was also negligent in failing to provide medical attention to a young student and to notify the Plaintiff’s parents.
INJURIES: Plaintiff, Michael Siles, was diagnosed with left posterior frontal temporal epidural hematoma(1.3cm in thickness). Slight increase in the size of the hematoma(1.4cm in thickness) epidural, bleed and post concussion syndrome. A procedure was performed to remove the hemotoma and the child recovered fully.
SPECIAL IN EVIDENCE: MEDS: $24,260.00
SETTLEMENT DISCUSSIONS: A mediation was held and the plaintiff initially demanded $220,000.00; Defendant initially offered $25,000.00.
RESULTS: The matter was settled at the mediation for $90,000.00
Personal Injury/Auto Accident
Settlement: $87,250.00
CASE: Richard Kennedy v. Clinton Curtis Scott, et.al.
COURT/DATE: Los Angeles Superior, Santa Monica, February 4, 2004
FACTS: On August 16, 2001, the plaintiff, age 44, was driving his 1993 Geo Metro eastbound in the right lane on Sunset Boulevard. The plaintiff stopped behind a vehicle that was also stopped because of a stalled truck in front. The defendant, who was driving a 1996 Acura eastbound, failed to stop and collided with the plaintiff’s vehicle, pushing it into a guardrail and then proceeded forward colliding with the rear end of the car in front of it. The plaintiff was thrown forward, causing a pen in his shirt pocket to strike his left eye. In addition, because of the impact, the plaintiff suffered lower back, head and neck pain.
Personal Injury/Fire Damage
Settlement: $75,000.00
CASE: Cristobal Medina v. City of La Puente
COURT/DATE: Los Angeles Superior, Pomona, Nov. 6, 2003
FACTS: On Oct. 1, 2001, a loud explosion was heard which caused all the lights in the plaintiffs’ area to go out. A second explosion was heard closer to the plaintiffs’ home. Plaintiff A saw a ball of fire coming from a breaker box near his pool. The entire house was on fire and in the confusion, he thought that his granddaughter was inside the house. In an attempt to rescue her, he suffered severe smoke inhalation. Plaintiff B rushed from the burning house and slipped and fell and injured her spine and chest. The plaintiffs allege that the defendant City of La Puente’s failure of a power transformer and lines owned by the defendant Southern California Edison and their negligent maintenance was the direct cause of the injuries and damages.
Personal Injury/Dog Bite
Settlement: $57,500.00
CASE: Joseph Ghazar v. Lisa Margulis
COURT/DATE: Los Angeles Superior, Central, April 6, 2004
FACTS: On February 23, 2002, plaintiff, a service technician for Pacific Bell, went to the home of defendant to perform a routine service call. Plaintiff asked defendant for access to her telephone equipment, which needed to be repaired, and to lock up her dog, a small mixed breed, which was barking. The plaintiff then began his service. He walked from the house to the yard to his truck and back again The defendant’s dog then approached him and bit his right knee. The plaintiff suffered injury to his right knee when he had to shake the dog loose from his pants. He later required two surgeries to both knees. His medical specials were covered through workers’ compensation.
Personal Injury/Dog Bite
Case Name: Kathy Joling vs. Amy Siller
Case Number: 37-2007-00084506-CU-PA-CTL
Judge: Hon. Charles R. Hayes
Topic: Personal Injury
Settlement: $40,000.00
Attorneys:
Plaintiff: Andrew L. Ellis (Law Offices of Andrew L. Ellis & Associates, Culver City)
Defendant: Settled Immediately after filing the complaint in this matter.
Insurance Company, Travelers Insurance Company
FACTS: Plaintiff, Kathy Joling, was a Defendant, Amy Siller, property for a friendly get together. Defendant’s Chihuahua jumped onto Plaintiff’s face and bit her nose.
CONTENTIONS: Plaintiff, Kathy Joling, contended that Defendant Amy Siller’s dog bit her on the nose leaving a slight residual scar. Ms. Joling was an invited guest at a dinner party at Ms. Siller’s home.
INJURIES: Plaintiff, Kathy Joling, suffered lacerations on her nose, thus having to receive six stitches.
SPECIAL IN EVIDENCE: MEDICALS: $1,178.50
SETTLEMENT DISCUSSIONS: Defendants Insurance company initially offered $15,000.00 and the plaintiff demanded $80,000.00.
RESULTS: The case was settled at $40,000.00
Premises Liability
Settlement:: $35,000.00
CASE NAME: Esther Mendoza vs. Emilio Martinez, et al
COURT DATE: March 10, 2005
CASE FACTS: This case arises from a dog bite which occurred on February 24, 2002. As the Plaintiff, minor, was leaving the defendant’s residence, which is surrounded by a fence and is located at 1831 West 24th Street, Los Angeles, CALIFORNIA 90018, the defendant’s dog, who was not restrained in any manner, attacked and injured the plaintiff. The dog, who was not tethered in any way, attacked plaintiff from behind and grabbed onto her legs.
INJURIES: Plaintiff suffered 7cm dog bite lacerations; repaired at emergency room visit; plaintiff additionally plaintiff received a tetanus shot; on the left leg, laterally, there is a depressed scar measuring approximately 2.5cm x about 1.5 cm., left leg has a tooth mark measuring about 0.5 cm x 0.5 cm., distal and anterior to this by about 5 cm is another tooth mark, measuring approximately 1cm x about 0.5 cm., on the right leg, posteriorly, there appears to be a soft tissue defect with tissue missing. The scar and area measure approximately 5 to 6 cm x about 3 cm. The paramedics (Los Angeles City Fire Department, Emergency Services) were called and transported the plaintiff to Kaiser Hospital in West Los Angeles, California. They performed basic life support treatment on the way to the hospital. In conclusion. the minor had a total of 22 stitches.
SPECIALS: Medical Expenses: $4,967.15.
IN EVIDENCE: Future medicals (surgery) $5,000.00
Assault/Bodily Injury/Battery
Settlement: $25,000.00
CASE NAME: Lashawnte Hickman vs. Continental Currency Service, et al
DATE: April 7, 2005
CASE FACTS: Mrs. Hickman went into you location to purchase a money order. She asked for a money order in the amount of $300.00, she gave the employee (Mr. Enouk) the money and he gave her the money order, a few seconds later Mr. Enouk started yelling at her, “These bills are fake.” At that point Mrs. Hickman asked that the police be called to prove that the money is not fake. Mr. Enouk did not listen and Mrs. Hickman proceed to walk to her vehicle to get her phone and call the police. Plaintiff was then physically restrain by the Defendant, Mr. Enouk.
INJURIES: Due to the physical restrain, Plaintiff, sustained injuries in the form of the wrist, right forearm pain, elbow and numbness in her hand, right shoulder sprain, right biceps sprain, right forearm, wrist and hand sprains. In addition, at the time of the physical restrain, Defendant Mr. Enouk grabbed her right arm, twisting it behind her and bending her fingers backwards, again causing pain and injuries..
SPECIALS: Medical Expenses: $7,065.26. Loss of earnings: $794.88 as a result of the accident.
Auto vs. Auto
Settlement: $19,669.00
CASE: Natanoel Venegas vs. Orange County Land Management Service, et al
DATE: March 1, 2005
CASE FACTS: Mr. Venegas was driving his 1996 Honda Civic making a left hand turn from Gannet onto Valley Street. As Mr. Venegas was making his left turn, pursuant to a green light, he was struck by Defendant Mr. Huizar, while Mr. Huizar was making a U-turn against a red light on Valley Street. At the time of the subject accident Mr. Huizar was an agent for Orange County Land Management Service. Due to Defendant’s negligence, Mr. Venegas suffered personal injuries.
INJURIES Plaintiff suffered injuries in the form of cephalgia; cervical spine AND DAMAGES: sprain/strain; bilateral shoulder sprain, lumbar spine sprain/strain; left arm contusion; and tendinitis to the left forearm.
SPECIALS Medical Expenses: $5,260.00; Property Damages $3,985
Personal Injury/Premises Liability
Settlement: $14,000.00
CASE: Sheryl Cook v. Crown Roofing Inc., et.al.
DATE: Los Angeles Superior, Santa Monica, Aug. 1, 2003
FACTS: The plaintiff was a resident at the apartment building where the roof was being repaired by Crown Roofing. On Oct. 15, 2001, the plaintiff was walking underneath the area of the roof that was being worked on when the defendants negligently dropped hot tar on her head, shoulder, arm and hand. The plaintiff suffered second degree burns to her head, shoulder, arm and hand resulting in multiple scars. The plaintiff required plastic surgeries.
Personal Injury/Slip and Fall
Settlement: $8,500.00
CASE: Ana Hernandez v. Pollo Campero
COURT/DATE: Los Angeles Superior Central, Oct. 1, 2004
FACTS: On July 28, 2003, the plaintiff went to the defendant’s restaurant in Los Angeles. After picking up her meal order, the plaintiff walked toward the table area where she slipped and fell on a wet floor. As a result of the fall, the plaintiff suffered injuries in the form of cervical spine sprain, lumbar spine sprain, lumbar myofascitis and right wrist pain. The plaintiff contended that the defendants were liable for the plaintiff’s injuries under the theory of premises liability. The defendants knew or should have known in the exercise of ordinary care that the floor was dangerous and wet. The plaintiff further contended that the defendants failed to place warning signs and or barricade the wet area.
