SETTLEMENTS & VERDICTS

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 acide 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

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.

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.

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 FireDepartment, 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

Assult/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/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/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.

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/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/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/Rear-End Collision

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/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

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.

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/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/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.

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