California Judgments

Woman recovers $50K settlement for exacerbated injuries

A woman received a $50,000 settlement for injuries that were allegedly aggravated following a rear-end collision on an interstate on-ramp. In 2007, Georgette Guerra, then 67, was struck by Steven Dang. She claimed the crash exacerbated her pre-existing arthritic conditions in her lower back and both knees, requiring physical therapy and arthroscopic surgery on her right knee. She claimed her condition affected her ability to work and she will eventually require a total knee replacement. Defense counsel contended that Guerra only suffered minor, temporary injuries and that her current symptoms were unrelated to the accident. Instead, counsel claimed the current complaints were due to the pre-existing degenerative conditions.

Motor Vehicle - San Mateo County
Guerra v. Dang

Man is awarded $1M for facial fractures in sailing crash

A jury awarded a little over $1 million to a sailing crewmember who sustained several facial fractures after two sailing vessels collided. In 2009, David Thompson, then 54, was struck in the face by a metal roller that gave way on Gary Gebhard's sailing vessel, which he was on, after it collided with James Forni's vessel during a race. Thompson fractured his right cheekbone, eye socket and nasal orbit, resulting in nerve damage. Gebhard claimed Forni violated racing rules of sailing by failing to have a look out and for proceeding when he didn't have the right of way. Forni admitted partial blame, but claimed that Thompson was injured by Gebhard's post-collision actions. The jury found Forni 72 percent liable for the crash and Gebhard 28 percent liable.

Admiralty/Maritime - Alameda County
Thompson v. Forni

Jury awards woman $1.23M for injuries in police crash

A jury awarded a little over $1.23 million to a woman who sustained permanent facial scars and a partially severed ear when her truck flipped over after being struck with an out-of-control police vehicle. In 2009, Cynthia Dempsey, then 44, was struck by a police cruiser that was responding to a call. The state of California's vehicle was exceeding 100 mph when it attempted to pass a motorcycle operated by Justin Oliver and lost control. Dempsey claimed the officer's speed and failure to use the antilock brakes caused the crash. The state claimed Oliver cut off the police car and caused a chain of events that resulted in the crash. Oliver claimed he did not see or hear the police car prior to the crash. The jury found the state 99.5 percent liable and Oliver .5 percent liable.

Motor Vehicle - Sonoma County
Dempsey v. Oliver

Woman burned by spilled soup receives $95K settlement

A woman who was burned by spilled soup received a $95,000 mediated settlement. In 2008, Markita Lamar, then 41, purchased a large soup from Las Brisas Restaurant. When she was removing the Styrofoam container out of the bag, the lid came off and spilled on her lap, causing second and third degree burns to her arms, thighs and buttocks. She treated her injuries with extensive laser treatment, but she claimed she still has significant, permanent scars. Lamar claimed the restaurant's owners, Paula and Dilberto Deharo used improper packaging for the soup and served it was a cracked lid. The Deharos claimed that Lamar caused her own injuries by the manner in which she removed the soup from the bag. Defense counsel claimed the laser treatments were unreasonable.

Hotel/Restaurant - Los Angeles County
Lamar v. Deharo
VerdictSearch-California

LACMTA pays $1.4M for man dragged, killed by bus

The father of a man who died after being struck and dragged by a bus received a $1,425,000 settlement in his lawsuit against the Los Angeles County Metro Transit Authority. In 2009, Donald A. Barrett, 40, had just stepped into a crosswalk on Pacific Avenue in Venice when the bus made a right turn and hit him. He was dragged for two blocks until a witness was able to pull in front of the bus and stop it. Barrett died at the scene. In response to the lawsuit filed by Barrett's father, the LACMTA argued that Barrett was inattentive and entered the crosswalk without a walk signal. The settlement was reached with the assistance of mediator.

Motor Vehicle - Los Angeles County
Barrett v. Los Angeles County Metropolitan Transportation Authority*
From VerdictSearch California

Truck driver allegedly injured in rear-ender gets $1.3M verdict

A jury awarded $1.3 million to a tow truck driver who claimed he lost his job due to injuries sustained in a collision. In 2006, Jimmy McGinnis alleged he sustained lumbar injuries when his tow truck was rear-ended by Nvair Babikian on the Capitol City Freeway in Sacramento. McGinnis said he was fired from his job because his injuries left him unable to handle its physical requirements. He has not worked since the end of 2006, and he is unable to undergo back surgery due to other health issues. Babikian admitted liability, but he argued that McGinnis sustained only minor sprains in the crash and any lingering complaints are the result of preexisting back problems. The parties ultimately agreed to a $950,000 settlement after trial.

Motor Vehicle - Sacramento County
McGinnis v. Babikian*
From VerdictSearch California

Students who accused district of ignoring racial violence split $725k

The New Haven Unified School District agreed to pay $725,000 to settle claims that it failed to protect black students from racial violence. The lawsuit, filed by 10 students and their parents, claimed that since at least November 2006, black students have been subjected to racial harassment, violence and hate crimes. The students claimed they were particularly targeted by a Latino gang. They alleged the district and school officials were aware of ongoing violence occurring on or near school premises, yet they failed to provide extra monitoring or attempt to prevent additional incidents. The district denied the allegations, but it agreed to settle the case, with the individual the plaintiffs receiving amounts ranging from $28,479 to $145,729.

School - Federal
Steve S. v. New Haven Unified School District*
From VerdictSearch California

BART pays $2.8M for officer's deadly mistake

The Bay Area Rapid Transit District agreed to pay $2.8 million for the death of a man shot by a police officer who mistakenly fired his gun instead of a Taser. On New Year's Day 2009, BART officers arrested Oscar J. Grant III, 22, and four of his friends after responding to a report of a fight on a train. Grant was laying face down on the ground when Officer Johannes Mehserle fatally shot him in the back. Mehserle, who was convicted of involuntary manslaughter, maintained the shooting was a mistake. Grant's mother, Wanda Johnson, and his young child, named "T.G." in court documents, sued BART, Mehserle and several other officers involved in the incident, alleging assault and battery, excessive force and wrongful death. The defendants argued Grant and his friends were resisting arrest at the time of the shooting, but they ultimately agreed to pay $1.3 million to Johnson and $1.5 million to T.G.

Civil Rights - Federal
Johnson v. Bay Area Rapid Transit District*
From VerdictSearch California

Man awarded $6.9M for security guard's punch

A jury awarded $6.9 million to a college athlete who sustained brain damage when he was punched by a bar's security guard. In 2007, Kenneth Frank was in a vehicle near Gaslamp Restaurant and Bar in Long Beach when his friends began to taunt security guard Seminare Thompson, who responded by smashing the car's window. Frank then exited the vehicle and was punched in the head by Thompson. Frank claimed he suffered a brain injury that left him unable to play football or complete his studies at the University of California, Berkeley. He blamed Gaslamp, alleging it was negligent for failing to hire a responsible security company. Gaslamp argued it wasn't liable because Thompson was employed by Paragon, a now-bankrupt security contractor which lacked insurance. The jury determined Thompson and Paragon were agents of Gaslamp, and therefore held the bar liable for the full verdict.

Negligent Security - Los Angeles County
Frank v. Gaslamp LLC*
From VerdictSearch California

Aug 2011: CALIFORNIA VERDICTS & SETTLEMENTS DISCLAIMER

*disclaimer: The verdicts and settlements are reported from court records. These verdicts or settlements were not obtained by Rosenstock & Azran. If you need a personal injury attorney, please contact us directly at 818-666-0056. Thank you.

Ramp's design didn't contribute to fatal crash, jury finds

A jury concluded that roadway design wasn't to blame for a fatal collision. In 2008, Eric Fernandez, 21, was a passenger in his girlfriend's car on the Potter Street entrance ramp, heading to Interstate 80 in the Emeryville-Berkeley area, when they collided with a truck that was on an entrance ramp that joins the Potter Street ramp. Fernandez's vehicle was knocked into freeway traffic, where it was struck two more times. Fernandez was pronounced dead at the scene. His parents blamed Caltrans, claiming the area had a history of accidents and should have had additional warning signs. Caltrans argued the ramp had adequate signs and striping and that the prior accidents were due to traffic congestion, not roadway design. It contended the two drivers were at fault.

Premises Liability - Alameda County
Fernandez v. California Department of Transportation*
From VerdictSearch California

Jury awards $8.5M to painter diagnosed with mesothelioma

A jury awarded $8.5 million to a painter who alleged his work with asbestos-laden products caused mesothelioma. Bernard Steffen claimed that through his work as a commercial painter and handyman, he was exposed to asbestos in finishing products, stucco, molding and construction materials, which caused his terminal illness. He sued numerous manufacturers and suppliers, alleging they were aware of the products' dangers, yet provided no warnings about their toxic nature. The case went to trial against cement maker CalPortland Co., molding material maker Cytec Engineered Materials and product supplier Union Carbide, who all denied the allegations. The jury found CalPortland and Union Carbide each 10 percent liable; remaining liability was divided amongst defendants who were no longer in the case at trial. Cytec was found not liable.

Products Liability - Los Angeles County
Steffen v. CalPortland Co.*
From VerdictSearch California

Bicyclist struck by bus gets $5.36M settlement

A bicyclist who sustained severe brain injuries in a collision with a municipal bus received a $5.36 million settlement. In 2008, David Wheeler, then 47, was riding across the Lower Great Highway in San Francisco when a bus operated by Roy Timmons made a left turn without signaling or stopping at a stop sign and struck him. Wheeler was thrown off his bicycle and hit his head on the asphalt. He sustained a traumatic brain injury that left him with the mental capacity of a child. The city and county, which owns the bus and employs Timmons, argued that Wheeler was not wearing a helmet and that he was riding his bicycle at night without a headlight, in violation of state law. However, surveillance video showed that Timmons failed to stop at the intersection.

Motor Vehicle - San Francisco County
Wheeler v. City and County of San Francisco*
From VerdictSearch California

Ladder didn't cause worker's fall, jury finds

A jury determined that a ladder wasn't to blame for a laborer's 20-foot fall. In 2007, Richard Montgomery was descending from the second-story roof of an apartment building in National City when an accident caused him to fall onto the concrete below. He sustained multiple fractures, as well as nerve and spinal injuries, and claimed his injuries led to depression. Montgomery filed a $2 million lawsuit against ladder maker Louisville Ladder and retailer Home Depot, alleging that he fell when the ladder collapsed suddenly. He claimed that a design defect in the ladder caused its rung locks to appear engaged when they were not. He further contended that Home Depot was negligent in selling the ladder. The defendants denied the allegations and argued that Montgomery's misuse of the ladder led to his fall.

Products Liability - San Diego County
Montgomery v. Louisville Ladder Inc.*
From VerdictSearch California

Concert-goer injured in theater's parking lot gets $2.3M

A woman who injured her leg while trying to exit the Greek Theatre's parking lot recovered $2.3 million. In 2009, Denise Herron went to a concert at the theater and was directed to a parking lot located in a Griffith Park canyon. She claimed the only ways to walk out of the lot were to either walk down a narrow dirt road into oncoming traffic or by climbing over a 2-foot fence with a 3-foot drop on the other side. She followed others over the fence, but fell from the ledge and broke her right ankle and leg. Herron sued Nederlander-Greek Inc., which manages the lot and leases the theater, alleging it failed to provide a safe walkway. She further contended that the lights were out in the lot, making the situation even more dangerous. The defense argued that the lot had adequate lighting and Herron should have seen the drop off. The jury found Nederlander-Greek 72.5 percent at fault, and Herron 27.5 percent comparatively negligent.

Premises Liability - Los Angeles County
Herron v. Nederlander-Greek Inc.*
From VerdictSearch California

Bounty hunter shot by LAPD officer awarded $1.2M

A jury awarded nearly $1.2 million to a bounty hunter who was shot by a police officer who mistook him for a criminal. In 2005, Elvin Gilbert was in the process of capturing a fugitive when he was shot by Officer Daniel Pearce of the Los Angeles Police Department. Pearce and another officer then arrested Gilbert, and he remained in police custody at the hospital for two weeks while he recovered from his injuries. The charges against him were later dropped. Gilbert sued the officers and the LAPD for excessive force and false arrest, contending that he and his employer had warned the LAPD that they would be in the area to detain a fugitive. He also claimed the officers gave no warning before shots were fired. The officers argued that they believed Gilbert and his partner were kidnapping a man at gunpoint and that Gilbert was shot when he failed to drop his gun upon command.

Civil Rights - Federal
Gilbert v. Pearce*
From VerdictSearch California

Jury says oil company's products didn't cause deadly disease

A jury concluded that exposure to Shell Oil Co. products didn't cause a man's fatal leukemia. In 2006, at age 57, William Head was diagnosed with acute myelogenous leukemia and succumbed to the disease a few months later. In the 1980s and 1990s, Head worked as a salesman for a Shell Oil chemical product distributor. His family alleged that exposure to benzene in Shell's products caused Head's leukemia. They further claimed that Shell Oil was aware its products could cause cancer but chose not to provide a cancer warning for fear of losing profits. Shell contended that its products, even with small concentrations of benzene, do not cause any form of cancer, and that a cancer warning was therefore unnecessary and would distract from the other safety warnings its products contained.

Products Liability - Los Angeles County
Head v. Angeles Chemical Co.*
From VerdictSearch California

Restaurant not to blame for patron's murder, jury finds

A jury determined that a restaurant's lack of a security didn't lead to the fatal shooting of a patron. In 2009, Vincent Choi, 22, was shot and killed outside of Dan Sung Sa Restaurant in Oakland. Prior to the incident, Choi and his friends had allegedly exchanged words with a larger a group inside the restaurant. When Choi's group left, they were confronted by members of the larger group, one of whom fired a gun. Bullets hit three people, including Choi, who died almost immediately. Choi's parents blamed the restaurant's owners, Sun Mi Lee and Coo Chul Lee, alleging they were negligent in failing to hire a security guard despite the restaurant's history of disturbances and violence. The Lees argued that it wasn't foreseeable that the disagreement between the two groups would lead to murder.

Negligent Security - Alameda County
Choi v. Lee *
From VerdictSearch California

Insurer ordered to pay $611,532 to woman hurt in crash

A woman who alleged she sustained a new neck injury in a collision that also aggravated her preexisting conditions received $611,532 in a lawsuit against her insurance carrier. In 2008, Lorrice Joyce was rear-ended while traveling on the 110 Freeway in Los Angeles. She claimed the crash exacerbated her prior neck injuries and caused a new herniated disc at C6-7, for which she underwent fusion surgery nine months later. She received the driver's $100,000 insurance policy limits, but then filed an underinsured motorist claim with her own carrier, Arch Insurance. Arch declined to pay, arguing the new herniation wasn't caused by the crash. The case proceeded to arbitration and Joyce was awarded $711,532, which was reduced by $100,000 to offset the amount she received in her settlement with the driver.

Motor Vehicle - Judicate West
Joyce v. Arch Insurance Co.*
From VerdictSearch California

Pharmacy not to blame for man's kidney failure, jury finds

A jury sided with a pharmacy accused of giving a customer the wrong medication. In 2008, Lieutenant Taylor went to a Rite Aid pharmacy to pick up two prescriptions, but the pharmacist gave him an additional four medications meant for another customer. Taylor, who is illiterate and suffers from multiple health problems, said he followed the pharmacist's instructions and took all six medications on a daily basis. Ten weeks later, he was hospitalized for hypertension and renal failure, which he alleged were caused by the medications. The pharmacy argued that when asked if he was picking up medication for someone, Taylor answered yes and the pharmacist then explained how the other customer was supposed to take the medicine. The defense also argued that tests revealed that all of Taylor's kidney problems were a result of his longstanding, chronic high blood pressure, not the medication.

Negligence (Pharmacy) - Los Angeles County
Taylor v. Thrifty Payless Inc.*
From VerdictSearch California

Distracted Pedestrians: Lawmakers Contemplate Banning Texting While Walking

When it comes to traffic safety, distracted driving and texting while driving seem to dominate the headlines. But what about texting while walking? Yes, you read that right. Some lawmakers believe that walkers, runners and bicyclists distracted by cell phones and mp3 players are causing more pedestrians to be hit by cars.

Looking at pedestrian fatalities and accident statistics, there does appear to be a real problem. In the first six months of 2010, pedestrian fatalities nationwide increased for the first time in four years, according to the recently released report by the Governors Highway Safety Association (GHSA). California once again topped the list in pedestrian deaths.

A spokesperson with the GSHA said that one potential explanation for the increase in pedestrian deaths is due to distracted pedestrians. This possible explanation is further enforced by legislative developments across the country. A policy specialist with the National Conference of State Legislatures told the New York Times that, "The big thing has been distracted driving, but now it's moving into other ways technology can distract you, into everyday things."

One California state senator has introduced a bill that would fine bicyclists for texting while biking. The bill was introduced into the California state legislature last year, but failed.

A similar bill in Oregon would prevent bicyclists from using cell phones and mp3 players. A proposal in New York would ban runners and walkers from using headphones when crossing the street.

Some are worried that creating laws surrounding distracted pedestrians will downplay the much more serious safety risk posed by distracted driving. Distracted pedestrians make put themselves at risk, but generally they do not pose as much of a risk to others as distracted drivers do.

Sources: States' Lawmakers Turn Attention to the Dangers of Distracted Pedestrians

Millions awarded in deadly crash on Ventura County highway

A jury awarded $49.6 million in a crash that killed a motorist and paralyzed a highway patrol officer. Officer Anthony Pedeferri was standing next to Andres Parra's car on the shoulder of Highway 101 when they were hit by a pickup truck driven by Jeremy White. Parra was pronounced dead at the scene, while Pedeferri sustained severe spinal cord injuries. White admitted to smoking marijuana prior to the crash and is currently serving a 15-year prison sentence for the incident. At the time of the collision, he was carrying two motorcycles that had been loaded into his truck by employees of a store owned by RJS Financial and Seidner Enterprises. Pedeferri, his wife and Parra's parents sued White and the two businesses, alleging that the motorcycles improperly and distracted White when they came loose. The jury found White 67 percent liable and the businesses 33 percent liable for the crash.

Motor Vehicle - Ventura County
Pedeferri v. White*
From VerdictSearch California

Athletics group agrees to pay $2M for cheerleading stunt gone wrong

A girl quadriplegic a failed cheerleading stunt reached a $2 million settlement with a youth athletics organization. In 2007, Elizabeth Nicks, then 12, attended a cheerleading class affiliated with the Pacific Coast Youth Football and Cheerleading Conference (PCC). She was allegedly participating in an unsupervised stunt when she fell back and landed on her head, suffering a traumatic brain injury. Her parents blamed PCC, claiming that its employees failed to properly supervise the students. PCC argued that Elizabeth assumed the risk when she participated in the stunt, and that its coaches and assistants did everything required of them. The defense further argued that Elizabeth suffered only minor injuries in the stunt, and that medical malpractice caused her permanent brain damage (the family had previously settled with UCLA Medical Center for $5.5 million).

Negligent Supervision - Los Angeles County
Nicks v. Pacific Coast Youth Football and Cheerleading Inc.*
From VerdictSearch California

Jury: No civil rights violations in officer's fatal shooting of dog

A jury determined that a police officer was justified in fatally shooting a woman's pet pit bull. In 2009, San Leandro police officers went to a residence based on a 911 call about a medical emergency. The officers entered the home through a side door and encountered Barbara Silva's pit bull, Boo-Boo. The dog allegedly charged at the officers, and Officer Daniel Sellers shot him. Silva sued Sellers (several other defendants were dismissed before trial), alleging that he had no justifiable cause to go into the home and that he entered without warning, which left the residents no time to separate Boo-Boo from the scene. It was later revealed that the initial 911 call was a prank. Sellers argued the officers weren't required to knock and announce their entry because they thought it was a medical emergency, and he contended that he shot Boo-Boo in self-defense.

Civil Rights - Federal
Silva v. City of San Leandro*
From VerdictSearch California

MTA agrees to pay $2.75M to man hit by county bus

A man who had to have part of his foot amputated after he was struck by a county bus received a $2.75 million settlement. In 2008, Preston Jones was crossing Fairfax Avenue in Los Angeles when he was hit by the Los Angeles County Metropolitan Transit Authority bus. He sustained fractures to his left leg, left foot and right shoulder. He claimed he developed atrial fibrillation as a result of the accident and injuries, and he also underwent amputation of his left forefoot due to the development of gangrene five days after the incident. He will not be able to return to work and ambulates with the use of a walker. The LACMTA admitted liability for the purposes of a settlement conference, but it disputed the nature and extent of Jones' injuries and his alleged future care needs.

Motor Vehicle - Los Angeles County
Jones v. Los Angeles County Metropolitan Transportation Authority*
From VerdictSearch California

Elderly man knocked down by hand truck gets $600k

A retiree received a $600,000 settlement for injuries he sustained when he was knocked to the ground by a delivery man pushing a hand truck. In 2008, Michael Cho was walking on the sidewalk in front of a senior care center when the delivery man failed to notice him and hit him with the hand truck, which was stacked with empty crates. Cho, then 77, fractured his right hip. He underwent surgery and physical therapy, but continues to experience pain and a fear of falling. He now uses a walker, can no longer drive and is dependent on others. He sued the delivery man's employer, Berkeley Farms LLC, alleging it was liable for its employee's negligence. Berkeley Farms argued Cho had an "excellent result" from his hip fracture and surgery, and that his numerous preexisting medical problems contributed to his loss of independence.

Slips, Trips & Falls - Alameda County
Cho v. Berkeley Farms LLC *
From VerdictSearch California

Fatal collision with horses results in $1,245,000 settlement

The family of a man who died when his vehicle collided with five horses received a $1,245,000 settlement. In 2009, Mark Trupiano Sr. was driving on Highway 12/121 when he hit the horses, which had escaped from property half a mile away. He died instantly. Trupiano's wife and children sued Joseph Clinton Miller and Sally Miller, who owned four of the horses and the property where they were kept; Amanda Grafton, a minor who owned the fifth horse; and Amanda's parents. The Trupiano family contended that the horses escaped through a temporary fence, and that the defendants were negligent in failing to keep the horses contained in the permanent corral, which was high and strong enough to keep other animals out. The defendants argued that a dog had entered the pasture, which spooked the horses and caused them to break through the electrified fence.

Animals - Napa County
Trupiano v. Miller*
From VerdictSearch California

Woman who alleged alcohol test gave false positives loses lawsuit

A jury ruled against a former pharmacist who said she couldn't obtain a new job due to a false positive reading on an alcohol test. Laura Fujisawa, a recovering cocaine addict who lost her job after stealing medication from her employer, claimed the Ethyl Glucoronide (EtG) urine test administered by Compass Vision Inc., through laboratories operated by National Medical Services Inc., was overly sensitive and picked up "incidental exposures" of alcohol, such as soy sauce. She sued both companies for negligent marketing and promotion of a faulty test. The defendants argued that they did not promote or market the test; they simply offered it. They also contended that a positive result through incidental exposure is rare and only occurs if there is excessive, off-label use of such a product. In addition, they argued that Fujisawa is virtually unemployable due to her past drug use and the fact that she stole from an employer.

Products Liability - Federal
Fujisawa v. Compass Vision Inc.*
From VerdictSearch California

Making Teen Drivers Safer With Technology

Parents of teenage drivers often cringe at the simple request, "Mom, can I borrow the car tonight?" As inexperienced drivers, they drive too fast, follow too close and often find distractions while driving that can lead to teen car accidents resulting in serious injuries or even tragic fatalities.

If you're a parent of a teen, you probably find yourself worrying about your child the entire time they are on the roads. But the good news is that, thanks to new technology, there are several ways to monitor your teen's driving habits and help them become a better driver.

According to the National Highway Traffic and Safety Administration, cell phone use - both talking and texting while driving - is one of the largest contributors to motor vehicle accidents caused by distracted driving. Create a rule for your teen driver restricting his or her cell phone use in the car. And if a rule alone isn't enough, there are applications you can place on your child's phone that will prevent the phone from calling, texting, or receiving messages while the phone is motion.

Black boxes are not just for airplanes. You can install a data recording device in your car. Not only will a black box help determine the cause of a crash in the event of a car accident, but it also allows you to monitor how your teen drives when you're not in the car. It measures sudden changes in speed, can tell you how fast the car is being driven, and what kind of distances the car is traveling.

Just as black boxes are not solely for airplanes, webcams are not just for computers. You can install a camera in your car that can be monitored from a home computer so you can see what is happening in the car while your child is driving. Is your son distracted by music or his cell phone? Is your daughter driving around with friends, chatting and not paying attention to the road?

While some of these measures to monitor teen driving habits may seem a bit extreme, or even an invasion of privacy, there are other less intrusive steps you can take to see that your vehicle has the necessary safety features to keep your child safe in the event of an accident. Standard in most newer vehicles are front and side airbags, anti-lock brakes and electronic stability control systems.

Source: Technology to help your teenager be a better driver

Family of teen struck, killed by Caltrain gets $2M settlement

The parents of a teenager fatally struck by a commuter train received a $2 million settlement. In 2008, Anthony Rea, 15, was hit and killed by an incoming train at the San Bruno Caltrain Station as he entered the pedestrian crossing. Anthony's parents filed a wrongful death suit against the Peninsula Corridor Joint Powers Board, which manages the Caltrain line. They alleged the crossing signal and swing gate at the pedestrian crossing weren't working properly and falsely indicated that it was safe to cross. They also contended the engineer came into the station too fast because he was eager to make up lost time. The defense argued that Anthony rode his skateboard underneath the pedestrian signal arm, rather than wait for it to rise up, and that he failed to hear his friend's warning because he was listening to his iPod.

Railroad - Federal
Rea v. Peninsula Corridor Joint Powers Board*
From VerdictSearch California

Wheelchair-bound woman hit by van awarded $117,633

A jury awarded $117,633 to a woman who claimed she was injured when her wheelchair was struck by a van. In 2008, Roseanna Stephenson was riding her wheelchair across a San Diego intersection when she was hit by a van driven by Thomas Sobka. The impact knocked her wheelchair over, and she alleged she sustained soft-tissue injuries to her back and a possible lumbar fracture. She claimed the incident also aggravated her preexisting back and neck problems and psychological conditions, including depression and schizophrenia. Sobka admitted that he was at fault for the accident, but he contended that Stephenson was not injured in the crash and that she was "working her prior injuries" in an attempt to make money.

Motor Vehicle - San Diego County
Stephenson v. Sobka*
From VerdictSearch California

Surgery didn't cause girl's paraplegia, jury finds

Posted by Dennis Rosenstock in California Verdicts & Settlements

A jury determined that a surgeon isn't to blame for a child's paraplegia. In 2005, Katarina Stankovic, 4, was injured in a car accident and brought to Children's Hospital of Central California, where she came under the care of pediatric trauma surgeon David P. Meagher. According to her parents, Katarina was able to move all of her extremities until she underwent surgery on her abdomen; however, afterward she could no longer move her legs. An MRI revealed a spinal cord contusion and Katarina was diagnosed as a paraplegic. Her parents sued Meagher for malpractice, alleging he failed to ensure that appropriate spinal precautions were taken during her surgery and that improper movement of her spine caused or worsened her spinal cord injury. Meagher argued Katarina received appropriate care at all times and that her paraplegia was caused solely by the car accident.

Medical Malpractice - Los Angeles County
Stankovic v. Meagher*
From VerdictSearch California

Woman gets $2.3M for injuries sustained during surgery

An arbitration panel awarded $2.3 million to a woman who alleged her surgeon's errors resulted in serious leg injuries. Kathleen Adams claimed Dr. David Chao lacerated and severed her femoral artery and vein, as well as a portion of the femoral nerve and another vein, while performing hip surgery in 2008. As a result, Adams said she had to undergo emergency vascular surgery, and grafting to reconstruct the femoral artery and vein. She later developed complex regional pain syndrome and has been unable to work since the surgery. Chao argued that Adams' CRPS and other residuals were due to a separate injury to her sciatic nerve, not the lacerated femoral nerve, and a recognized complication of the type of hip surgery he performed.

Medical Malpractice - San Diego County
Adams v. Chao*
From VerdictSearch California

Mother, three children hurt in crash awarded $1.5M

A jury awarded $1.5 million to a family involved in a collision with a vehicle that ran a red light. In 2006, Margaret Casanova and her three children were traveling in Simi Valley when John Finnigan drove through a red light and struck their vehicle. Casanova sustained an injury to her left shoulder, son Macarios sustained a right leg fracture and the two other children suffered minor injuries. Casanova also began experiencing hip pain two years later, which she claimed was related to the accident, and underwent decompression surgery. The family, including Casanova's husband on a loss consortium claim, sued Finnigan's estate (Finnigan died from unrelated causes) for his $1.5 million in insurance coverage. The defense conceded liability, but it argued that Casanova's hip pain was unrelated to the crash.

Motor Vehicle - Ventura County
Casanova v. Estate of Finnigan*
From VerdictSearch California

Jury: Trucker not to blame for man's fall off loading dock

A jury sided with a truck driver accused of negligence for his involvement in an incident that caused a warehouse worker to fall off a loading dock. In 2008, Dean Arita was loading goods onto a truck with one foot on the loading dock and his other foot on the truck. When driver Ishmael Meinstatis Jr. moved forward, Arita fell to the ground and suffered a dislocated shoulder and torn labrum. He claimed he is permanently disabled as a result. Arita sued Meinstatis and his employer, Stockton Industrial Supply, for $1 million. He alleged Meinstatis was negligent for failing to announce that he intended to move forward. Meinstatis contended that he never saw Arita's foot on the truck, and defense counsel argued that Arita was at fault for standing in an unsafe position.

Slips, Trips & Falls - Alameda County
Arita v. Stockton Industrial Supply Inc.*
From VerdictSearch California

Cancer patient who blamed illness on asbestos recovers $20.7M

Manufacturer John Crane Inc. must pay $20.7 million after a jury determined that a man's cancer was caused by exposure to asbestos found in some of the company's products. William Pfeifer, a former boiler operator, was diagnosed with mesothelioma in 2009. He alleged the disease was caused by his frequent and repeated exposure to asbestos from John Crane gaskets, packing and other products, including insulation. John Crane argued that chrysotile asbestos, which was found in some of its past products, does not cause mesothelioma and that working with gaskets and packing does not release fibers in sufficient amounts to increase the risk of mesothelioma. The jury found John Crane 70 percent liable; the other 30 percent was attributed to parties no longer in the suit at the time of trial.

Toxic Torts - Los Angeles County
Pfeifer v. Buffalo Pumps Inc. *
From VerdictSearch California

New California Driving Laws in 2011

Several new road safety laws take effect in California this year. The new laws are aimed at making traffic fines and violations more clear and reducing the number of motor vehicle accidents.

Among the changes include:

• Motorcyclist training. Anyone under 21 wanting to drive a motorcycle will be required to complete an approved motorcycle safety course. Upon completion, the driver will receive a motorcycle instruction permit that must be held for six months before receiving a motorcycle driver license.
• Local traffic citations. Local law enforcement officials will no longer be authorized to ticket drivers for moving violations under municipal law or local ordinances. Under the new law, all moving violations must be cited under an appropriate section of the state vehicle code, which specifies penalties. This law takes effect July 1, 2011 and will provide uniform punishment for moving violations throughout the state.
• Carpool lanes. Solo drivers in certain "green" (fuel-efficient, low-emission) vehicles with a DMV-issued carpool lane sticker will be able to continue using the high occupancy vehicle (HOV) lanes until July 1, 2011. In addition, a new class of plug-in hybrid vehicles will also be able to use HOV lanes starting in January 2012.
• Drunk drivers. If a person is convicted of three or more DUIs in a 10-year period, judges will be authorized to revoke the drunk driver's license for 10 years. This law does not take effect until January 1, 2012. The purpose behind the new law is to reduce repeat offenses by drunk drivers and decrease the number of drunk driving fatalities. In 2008, California drunk driving accidents killed over 1,000 people and injured 28,000 more.
• Higher traffic citation fines. All moving violation ticket fines will increase by $4. The additional funding will help support emergency air-transport services. This law will remain in effect until 2016.
• Street-sweeper cameras. Local agencies are now permitted to install cameras on street sweepers in order to digitally photograph illegally parked vehicles parked on streets during posted street sweeper times.

Jury awards $1.68M to diver left at sea by excursion group

A diver who spent five hours lost at sea recovered $1.68 million in his lawsuit against the scuba excursion company, vessel owner and dive masters. In 2004, Daniel Carlock Jr. was on a Ladd Provisions scuba outing when he became separated from his group. The boat, owned by Sundiver Charters, then moved to a second site and Carlock wasn't reported missing until that dive ended. He was rescued five hours later by a passing boat. Carlock said he suffered post-traumatic stress and that the prolonged sun exposure caused him to develop skin cancer on his nose. He sued Ladd Provisions, Sundiver, their owners and two dive masters, alleging they were negligent in failing to notice his absence and report him missing for several hours. The defendants argued that Carlock signed waivers exempting them from liability. The jury divided liability amongst all of the defendants, and it also found Carlock 16 percent comparatively negligent.

Water Sports - Los Angeles County
Carlock v. Ladd Provisions*
From VerdictSearch California

Pedestrian struck by taxi gets $937,500 settlement

A student who sustained a fractured pelvis when she was struck by a taxi cab received a $937,500 settlement. In 2007, taxi driver Ram Dhakal was making a left turn when he hit Vanessa Stewart, who was walking in the crosswalk at an intersection in San Francisco. Stewart was on crutches for several weeks and needed one year of physical therapy following the incident. She was later diagnosed with arthritis at the site of her fracture. In 2010, she underwent pubis symphysis surgery, which included the insertion of permanent hardware, to help relieve her pain. Dhakal and his company, Yellow Cab Cooperative, conceded liability for the accident. The parties reached the settlement in mediation.

Motor Vehicle - San Francisco County
Stewart v. Yellow Cab Cooperative Inc.*
From VerdictSearch California

CALIFORNIA VERDICTS & SETTLEMENTS DISCLAIMER*

disclaimer: The verdicts and settlements are reported from court records. These verdicts or settlements were not obtained by Rosenstock & Azran. If you need a personal injury attorney, please contact us directly at 818-666-0056. Thank you.

Reducing Motor Vehicle Accidents During the Holiday Season: California Steps Up Statewide DUI Enforcement

The holiday season is a time for celebration, as often seen by company parties, family gatherings, and traveling to be with loved ones. Unfortunately, with increased travel on the road, and alcoholic beverages consumed at holiday parties and outings, the holidays are also a time for more motor vehicle accidents.

In an effort to crack down on injuries and fatalities from alcohol-related car crashes this holiday season, the California Office of Traffic Safety (OTS) announced increased statewide DUI enforcement earlier this month.

"In addition to being a festive time of year to celebrate with family and friends, the holidays are unfortunately a dangerous time out on the roads," said OTS Director Christopher J. Murphy. "Winter weather and hazardous road conditions, combined with drunk and often distracted drivers, require vigilance on the part of motorists."

Starting on December 17 and continuing until January 2, the OTS is working with local law enforcement agencies to set up sobriety checkpoints throughout the state. According Murphy, "DUI checkpoints are proven as the most effective DUI countermeasure and we are continuing to support those enforcement efforts statewide." Deterring and arresting drunk drivers has a "tremendous impact on traffic safety in California," he noted.

DUI accident-related injuries and fatalities have decreased since OTS began funding more sobriety check points in 2006. Fatalities due to impaired driving have fallen 26 percent in the last three years, according to OTS.

The California Highway Patrol is working closely with OTS to keep the roads safe and reduce motor vehicle accidents this holiday season. "The holiday season is all about having a good time with family and friends," said CHP Commissioner Joe Farrow. "The CHP and other law enforcement agencies will ensure safe travel for everyone by enforcing speed, seat belt, and driving under the influence violations."

If you are hurt in a drunk driving accident or because of the negligence of an impaired driver, it is important to seek medical attention immediately. In order to alleviate the frustrations associated with motor vehicle collisions, it is also important to consult with an experienced car accident injury attorney.

Sources: State Warns of Dangers of Impaired Driving

"Most Wanted": Motorcycle Helmet Laws

When most people think of public health issues they think about communicable diseases like AIDS, epidemics like H1N1, or even worsening air and water quality. People generally don't think about motorcycle fatalities as being a public health issue. But according to the National Transportation Safety Board (NTSB), that is precisely what motorcycle accidents are.

"Too many lives are lost in motorcycle accidents. It's a public health issue," said NTSB vice chairman Christopher A. Hart. The NTSB met last week to update its annual transportation safety "most wanted list." Because federal laws often lack national transportation measures, the NTSB uses its most wanted list to communicate safety concerns to the states.

This year the NTSB added motorcycle helmet safety to the list.

With the exception of 2009, the last five years have seen an increase in motorcycle fatalities. In the last year, 4,462 riders died in motorcycle crashes. Data suggests that 65 percent of those killed were not wearing helmets.

State Motorcycle Helmet Laws

Back in the 60s, Congress tried to create universal helmet standards by threatening to withhold highway funding for any state that failed to adopt motorcycle helmet requirements. It abandoned regulation efforts a few years later, returning the decision-making power to the individual states. In 2005, Congress actually prohibited states from promoting helmet use with federal funds.

Only 47 states and the District of Columbia currently have motorcycle helmet requirements. Of those, less than half (21 jurisdictions) require all motorcycle riders and passengers to use helmets. The other 27 states have limited requirements - usually making it mandatory for those under the age of 18 to use helmets. Three states - New Hampshire, Iowa and Illinois - have no helmet requirements.

While it is ultimately up to the states to decide, recommendations made by the NTSB are often taken into consideration.

NTSB's 2010 Most Wanted List

Several other items also made the latest edition of the most wanted. The NTSB is currently focusing transportation safety efforts on:

• Teen driving through the use of graduated drivers' licensing systems.
• Child vehicle restraint systems, including booster seat use for children under the age of 8.
• Seat-belt use and continued enforcement
• Drunk driving by increasing sobriety checkpoints and installing interlock devices in DWI offender's vehicles

Source: NTSB calls for motorcycle helmet laws

Asleep at the Wheel: 16.5 Percent of Fatal Car Crashes Due to Drowsy Driving

Posted on behalf of Rosenstock & Azran in Motor Vehicle Accidents

Fatigue playing a role in airplane, boat, truck and car accidents comes as no surprise, but a closer look at drowsy driving statistics reveals an alarming number of drivers who admit to falling asleep at the wheel.

A recent survey conducted by the American Auto Association (AAA) discovered that, at some point in their life, 41 percent of drivers admit to having "fallen asleep or nodded off" while behind the wheel. Eleven percent of those, or one in 10, said they have fallen asleep while driving in the past year. And more than one in four drivers admit that in the last month they were driving while being so sleepy that they couldn't keep their eyes open.

In evaluating car crash data from 1999 to 2008, AAA found that 1 in 6 of fatal crashes involved a drowsy driver.

Prevention Through Public Education

The problem with drowsy driving is that most people think they can control it. "Research show[s] nearly 60 percent of people fall asleep just an hour into their trip," noted AAA spokesperson Nancy White.

Thomas Gallaghy was one of those people. He was driving with his wife in the middle of the afternoon over nine years ago when he fell asleep at the wheel. The car hit a tree, killing his wife instantly.

"Everybody has periods of drowsiness while driving," Gallaghy said. "What really kills is the belief by the driver that he or she is going to get through it."

White said that one of the biggest parts of drowsy driving is public education: It's about getting people to "really understand the problem and stop[] the behavior." AAA has begun airing a series of public service announcements warning against drowsy driving.

New Technology Helps Prevent Drowsy Driving

And where public education or belief in human fallibility may be lacking, car manufacturers are capitalizing on the opportunity to implement high-tech solutions to the problem of drowsy driving.

Use of rumble strips along sides of highways, meant to startle a driver awake as the car veered off the road, are a part of old-fashioned efforts to keep drowsy drivers awake. Mercedes Benz has begun installing computers that monitor drivers' actions by watching for behaviors such as abrupt correction of minor steering errors and patterns of crossing in and out of lanes. If, after performing a 70-point check system, the computer determines the driver may be in early stages of drowsy driving an alarm will sound.

Source: One in 6 Fatal Crashes Involves a Drowsy Driver; AAA's Report: Asleep at the Wheel: The Prevalence and Impact of Drowsy Driving

Restaurant pays $1M to patron who allegedly slipped in entryway

A man who claimed he was injured when his crutches slipped on a restaurant's tile floor received a $1 million settlement. In 2006, David Yan attempted to open the door while standing on the tiled, sloped surface of the entry to Lucky Fortune Seafood Restaurant. He claimed that the tip of his crutches slipped on the tile, causing him to lose his balance and fall. He sustained a fracture of his right femur and had to be hospitalized for a month after undergoing surgery. Yan blamed the owners of the restaurant and building, alleging that the non-slip-resistant tile and the slope of the entryway violated building codes. The defense argued that Yan slipped on the sidewalk in front of the restaurant, not on the tiled surface, and that due to his disability, he should've waited for a family member to open the door for him.

Premises Liability - San Francisco County
Yan v. Lucky Fortune Seafood Restaurant*
From VerdictSearch California

Teen hit by car in busy intersection recovers $10M

A jury awarded more than $10 million to a teenager who has been in a coma since she was hit by a car while crossing an intersection in Millbrae. In 2006, Emily Liou, then 17, was walking in a marked crosswalk in an uncontrolled intersection on El Camino Real when she was struck by driver Gada Hassany.

Liou sustained massive brain damage and has not regained consciousness. Hassany contended that she didn't see Liou until it was too late. A lawsuit was filed on Liou's behalf against Hassany and the state of California, alleging that it was dangerous to have a marked crosswalk in a busy uncontrolled intersection with multiple lanes of traffic because it gives pedestrians a false sense of security. The state argued that there had been only three pedestrian accidents at this crosswalk in the past 10 years.

The jury found the state 50 percent, Hassany 30 percent and Liou 20 percent liable.

Motor Vehicle - San Mateo County
Liou v. State of California*
From VerdictSearch California

October is Most Dangerous Month for Teen Car Crashes

Auto vehicle accidents involving teen drivers spike by 15 percent in October compared to the rest of the year, according to a recent study analyzing insurance claims data from 2003 to 2009. October is one of the top three months for teen accident claims in over 70 percent of states.

The leading cause of death among teenagers is car accidents. According to the Center for Disease Control and Prevention (CDC), in 2009 eight teenagers died every day from motor vehicle accident injuries.

"While promoting teen driver safety requires a year-round commitment, the fall time frame is critically important," noted State Farm Vice President Ann Baughan. "As teens return to school, attend homecoming and begin managing very busy schedules, we want them to keep safe driving practices at the top of their minds because our data shows this is one of the most dangerous times of year for teens to be on the road."

Why Are Teen Drivers at Higher Risk for Accidents?

Most teenage drivers lack awareness about the ramifications of dangerous driving, underestimating unsafe conditions and not recognizing hazardous situations. The CDC notes that teen drivers are at higher risk for accidents because they are more likely to speed and allow shorter distance between vehicles. Additionally, compared to other age groups, teens age 16 to 19 have the lowest rate of seat belt use.

While 70 percent of teen drivers admitted to being worried about being in a crash or hurting someone, 57 percent still admitted to the dangerous practice of sending or reading text messages while driving.

A Look at National Teen Driver Safety Week in California

In an effort to continue educating teens about practicing safe driving habits, starting in 2007, Congress designated the third week of October as National Teen Driver Safety Week. Many communities host special events during the week in efforts to increase awareness about distracted driving and to discuss teen driver safety.

In California, several local and state law enforcement agencies have visited high schools to help spread the message. Earlier this week, California Highway Patrol (CHP) officers visited teens at Clovis high school to kick off the "Don't Interrupt Me" campaign.

Officers emphasized the importance of eliminating distractions while driving - not talking on a cell phone, not reading or sending text messages and turning down the loud music in the car. One 17-year-old noted that, "We don't really take that seriously, and this was a helpful reminder that it is serious and it's very important to follow the rules and to keep us and others around us safe."

Sources: State Farm Data Shows That October Remains Most Dangerous Month for Teen Crashes; National Teen Driver Safety Week

Professor paralyzed in Ford van rollover recovers nearly $4M

Ford Motor Co. must pay more than $3 million to a professor who was rendered quadriplegic after a rollover accident in a Ford E350 van. In 2006, Sang Mook Lee, a professor at Seoul National University, was on a joint field trip with the California Institute of Technology when he lost control of the van he was driving and rolled it in rural San Luis Obispo County. Lee claimed he was crushed by the van's roof. He blamed Ford, alleging the van was defectively designed in that it had inadequate roof strength. Ford argued that Lee was injured when his body dived into the roof before it deformed in the rollover, and therefore, the design of the roof did not cause his injuries. The jury found Ford 65 percent and Lee 35 percent liable. Caltech was also sued, but it was exonerated. In total, including earlier settlements from the van's 4-wheel drive manufacturer, Lee and his wife recovered a total of $3.95 million.

Products Liability - Federal
Lee v. California Institute of Technology *
From VerdictSearch California

Salesman gets $3.6M for injuries caused by rear-ender

A jury awarded $3.6 million to a salesman who claimed he suffers from ongoing pain due to injuries sustained in a car crash. In 2004, Richard E. Parken was driving on Interstate 5 in Sacramento when his vehicle was rear-ended by Kathlyne A. Smart-Vasquez, who was first struck by a phantom vehicle. Parken claimed he sustained spine and shoulder injuries and nerve damage, which continue to cause extreme pain and restricted mobility despite multiple surgeries and pain management treatment. Parken contended that Smart-Vasquez was liable for the collision because she wasn't driving in a safe manner or in control of her vehicle. Smart-Vasquez argued that the driver of the phantom vehicle was solely to blame.

Motor Vehicle - Sacramento County
Parken v. Smart-Vasquez*
From VerdictSearch California

Fatigued Truckers a Serious Highway Threat

The National Transportation Safety Board (NTSB) has called for updated fatigue education and management programs after a recent investigation revealed acute sleep loss to be the main cause of a June 2009 tractor-trailer accident that killed 10 people on a stretch of Oklahoma highway. The NTSB investigation determined that the 76-year-old trucker was severely fatigued because of his demanding work schedule and mild sleep apnea.

The accident in Oklahoma is in no way unique: according to a 1993 NTSB study, between 30 and 40 percent of all fatal truck accidents that year were fatigue-related. Although this problem is substantial, it has not received nearly enough attention from state and federal trucking authorities, whose efforts have focused primarily on stopping impaired and distracted driving.

Current Federal Regulations

The Federal Motor Carriers Safety Administration (FMCSA) currently limits the number of hours commercial truck drivers may be on the road. Under federal hours of service regulations, drivers:

• May drive a maximum of 11 hours after 10 consecutive hours off duty
• May not drive after 60 hours on duty in seven consecutive days (although they may reset a seven consecutive day period after taking 34 or more consecutive hours off duty)

Although these rules are fairly straightforward, commercial truck drivers and motor carriers too often ignore them to meet tight shipping schedules. And because it is up to the truckers and their companies to keep track of compliance with these rules, it is too easy to falsify records and log books.

Now that it has attributed multiple deaths to fatigued driving, the NTSB believes the time is ripe to act. Further education about the dangers of driver fatigue and increased enforcement of stricter hours of service rules will make our highways much safer.

Source: Agencies, Industry Slow to Recognize Fatigue Problems

Man burned in electrical explosion at factory recovers $2.5M

A factory worker injured in an explosion recovered $2.5 million from a demolition company that had been working at the site. In 2005, Raymond Martinez sustained second- and third-degree burns over 35 percent of his body when the energized electrical panel he was working on exploded at the Saint-Gobain Calmar factory in City of Industry. He blamed demolition contractor Brownco Construction Company, alleging its employees made cuts to metal pipes over live switchboards and failed to de-energize the power supply, causing the switchboard to explode. Brownco argued that Martinez and his apprentice caused the explosion when they attempted to partially disassemble the switchboard. It also contended that Martinez's employer was at fault for wanting the factory to remain operational during demolition. The jury found Brownco 60 percent liable and Martinez's employer 40 percent liable.

Construction - Los Angeles County
Martinez v. Brownco Construction Co.*
From VerdictSearch California

Motorcycle Accidents Give Celebrities VIP Access to the Emergency Room

Three accidents demonstrate that even celebrities are not immune to the dangers of motorcycle use. Actor Gale Harold of the TV show "Desperate Housewives," music producer Daniel Lanois, and Aerosmith guitarist Joe Perry were each in motorcycle crashes that sent them to the hospital. These examples serve as a reminder to be especially cautious when riding a motorcycle or driving near one.

Television actor Gale Harold was admitted to a hospital in Los Angeles following a motorcycle accident that left him in serious condition. According to his representative, Harold fractured his shoulder and endured swelling of the brain for over a week while in intensive care. He has since recovered and returned to filming TV shows.

Daniel Lanois, who has produced music for Bob Dylan and U2, said he is lucky to be alive after his motorcycle accident - an accident that also occurred in Los Angeles. After making an evasive maneuver to avoid a car that turned in front of him, Lanois crashed into an industrial box beside a sidewalk at approximately 35 miles per hour. He broke six bones, cracked his pelvis and suffered internal bleeding, and, unfortunately, has been in a wheelchair since the crash.

Joe Perry of the band Aerosmith was rear-ended on his motorcycle at an intersection in Massachusetts. The stoplight had turned green and Perry was accelerating when he was hit from behind by a car that was following too closely. Perry was taken to a hospital, treated and released, and he has no permanent injuries from the accident.

According to the National Highway Traffic Safety Administration, only three percent of all registered vehicles in the United States are motorcycles, yet motorcycle fatalities represent approximately 11 percent of all highway fatalities each year. Additionally, nearly 80 percent of reported motorcycle crashes result in injury or death as compared to 20 percent of all reported automobile crashes.

Motorcyclists are particularly vulnerable because of their increased exposure and the difficulty other motorists sometimes have seeing and gauging the speed of motorcycles. It is important for California drivers to watch the road for motorcycles, especially when turning, changing lanes or entering intersections so all motorists can share the road safely.

If you have been injured in a motorcycle accident, it is important to talk to an experienced personal injury attorney to make sure that your rights are protected and you get the medical attention you deserve.

Family in fatal crash with drunken driver recovers $16.5M

A jury awarded $16.5 million to family members involved in a deadly collision with a drunken driver. In 2007, Elida Sandoval, 73, was killed in a rear-end collision with a truck operated by Bryant Morales Avila. Sandoval's daughter, Ida Leivo, was driving and sustained a traumatic brain injury, which left her confined to a wheelchair. Leivo's two children were also injured. Avila, who was found to have been driving with blood alcohol content of more than 0.23, was convicted of felony manslaughter and is currently serving a 16-year prison sentence. He stipulated to liability for the collision, so the case went to trial on damages only. The jury awarded damages for Sandoval's wrongful death and the other plaintiffs' past economic and general damages, but it did not award any punitive damages.

Motor Vehicle - Los Angeles County
Leivo v. Avila*
From VerdictSearch California

Electric company pays out $2.3M to settle collision lawsuit

San Diego Gas & Electric agreed to pay a total of $2.3 million to two individuals injured in a collision with one of its employees. In 2007, Luis Garcia was driving a company car when he rear-ended Shannon Gibbs' vehicle as she was stopped for traffic in El Cajon. Gibbs and her passenger, Mike Davis, sustained serious neck and back injuries. Gibbs underwent a two-level lumbar fusion and multiple pain injections. Davis also underwent several epidural injections, followed by two disc replacements and a cervical fusion. They both claim to still suffer from reduced mobility and intermittent pain. The defendants conceded liability. In separate mediation sessions, San Diego Gas & Electric agreed to pay $1.25 million to Davis and $1.05 million to Gibbs.

Motor Vehicle - San Diego County
Gibbs v. Garcia *
From VerdictSearch California

Woman hit by tombstone loses suit against cemetery, monument maker

A jury determined that a cemetery and monument maker weren't responsible for injuries a woman sustained when a tombstone fell on her. In 2007, Ellen Joyce was at Holy Cross Cemetery in Colma when the 455-pound granite monument landed on her feet, crushing them. She was diagnosed with bilateral complex regional pain syndrome in her feet, and she also claimed psychological symptoms consistent with post-traumatic stress disorder. Joyce blamed the cemetery's owner and operator, the Archdiocese of San Francisco, alleging the monument's foundation wasn't adequately installed. She also sued the monument maker, Donohoe & Carroll Memorials, claiming that its design was defective. The defendants admitted that the monument fell over, but they denied liability.

Premises Liability - San Francisco County
Joyce v. Archdiocese of San Francisco *
From VerdictSearch California

Pizza Hut hit with $11M verdict for delivery driver's head-on collision

A jury awarded nearly $11 million to an elderly woman and her adult daughter who were seriously injured in a collision with a pizza delivery driver. In 2008, Olena Novak, then 87, was driving with her daughter Shari Novak, then 62, when they were struck head-on by a vehicle operated by Nicole Fisk, who was delivering pizzas for Pizza Hut. Shari Novak sustained a catastrophic brain injury that rendered her unable to communicate or care for herself; she now requires 24-hour care. Olena Novak suffered a neck fracture and underwent a multi-level fusion. The Novaks sued Pizza Hut, alleging it was negligent in hiring Fisk, who they contended was unstable and had a history of lapses of consciousness. Pizza Hut denied liability, arguing that the collision occurred when Fisk suffered a sudden, unanticipated medical emergency.

Motor Vehicle - San Diego County
Novak v. Pizza Hut Inc.*
From VerdictSearch California

Jury awards $15M for fatal crash caused by faulty tire

Family members involved in a deadly rollover recovered $15 million from a business that had allegedly installed a recalled tire on their vehicle. In 2006, Ramon Moreno Jr. was driving a 1994 Ford Explorer on the highway when the treads on the left rear tire separated, causing him to lose control. The sport utility vehicle rolled down an embankment, killing Moreno's 11-year-old brother and injuring Moreno and two other relatives. The family blamed American Tire Depot, a Firestone dealer, alleging it was negligent in rotating a recalled 12-year-old spare tire onto the SUV five months before the incident.

American Tire argued that there was no proof it had installed the recalled tire and contended that it had no responsibility to pull old or recalled tires out of service. The jury found American Tire 85 percent at fault and Firestone, who settled out prior to trial, 15 percent liable.

Products Liability - Los Angeles County
Moreno v. ATV Inc.*
From VerdictSearch California

Woman who blamed lung problems on fabric spray gets $5.9M settlement

A woman who claimed an aerosol fabric spray caused permanent respiratory problems received a $5.9 million settlement. Laura Kuhlmann alleged she suffered a severe acute inhalation injury when she used Sprayway 980 Industrial Fabric Protector, an aerosol spray marketed as a moisture repellent for fabric, on the seats in her motor home. Kuhlmann said she suffered toxic pneumonitis, which ultimately progressed to irreversible pulmonary fibrosis. Her lung capacity now hovers around 50 percent and is unlikely to improve. Kuhlmann blamed manufacturer and seller Claire-Sprayway Inc., as well as other companies involved in making and selling the product and its ingredients. She contended the spray had an active ingredient that contained a fluoropolymer, which is known to be hazardous if breathed in an aerosol spray, and that the warnings on the can were inadequate.

Products Liability - Monterey County
Kuhlmann v. Claire-Sprayway Inc.*
From VerdictSearch California

A Look at the Difference in Brain Injuries: Bret Michaels vs. Gary Colema

Both were entertainers struck down by traumatic brain injury. Yet the younger man, actor Gary Coleman, 42, died of his cerebral hemorrhage in May while rocker Bret Michaels, five years older, is back on the road, touring and performing after a hemorrhage in April of this year.

Medical experts say there are crucial differences in brain hemorrhages. Dr. Toby Gropen, chair of the neurology department at Long Island College Hospital explained differences to the New York Daily News: "It's like real estate -- location, location, location. And the size of the hemorrhage makes a difference, too."

Brain Hemorrhages: Subarachnoid v. Intracranial

According to KTLA TV, Michaels suffered a subarachnoid hemorrhage. The hemorrhage was the reason for a subsequent stroke that caused bleeding in the fluid-filled areas at the base of the brain. Like Coleman, Michaels has a long history of health problems: he has a lifelong history of Type 1 diabetes and had an emergency appendectomy the week before his hemorrhage.

According to Reuters, Coleman, childhood star of the TV sitcom "Different Strokes," suffered from a congenital kidney disease that stunted his growth.

He suffered an intracranial hemorrhage -- typically caused by a ruptured blood vessel in the cranium -- after falling and hitting his head in his Utah home.

The morning of the fall, he was reported to be awake and lucid, but by that afternoon, he slipped into unconsciousness and was put on life support equipment.

Michaels, who began his career as frontman for the band Poison in the 1980s, has recently evolved into a reality TV star, though he continues to perform music with a new band.

Enterprise slapped with $15M verdict for renting out recalled vehicle

A jury determined that Enterprise Rent-A-Car must pay $15 million for two sisters who died in a collision after their rental car caught fire. In 2004, Raechel Veronique Houck, 24, and Jacqueline Marie Houck, 20, were on the 101 freeway when a fire started under the hood of their rented PT Cruiser. This caused the driver to lose control and collide head-on with a tractor-trailer, killing both women. A month earlier, Daimler Chrysler Corp. had recalled PT Cruisers after discovering that a defect in the power steering pressure hose could lead to fires. However, Enterprise continued to rent out the recalled vehicles. The Houcks' parents sued Enterprise for negligence, and it eventually stipulated to liability on those claims and the case proceeded to trial on damages only. Products liability claims against Chrysler and its auto dealers were dismissed after Chrysler filed for bankruptcy.

Motor Vehicle - Alameda County
Houck v. Daimler Chrysler Corp.*
From VerdictSearch California

Hazardous Use of Cell Phones

NTSB reveals cell phone use by Coast Guard during CA, SC boat collisions; urges new policy

LOS ANGELES (AP) -- Federal safety investigators revealed Wednesday that crew members aboard two Coast Guard boats involved in collisions in California and South Carolina last year were using wireless devices for conversation or text messaging unrelated to vessel operations. The collisions killed one person and injured 10.

Man hit by drywall on work site wins $890k verdict

A jury awarded $890,000 to a man who claimed he sustained neck injuries when he was struck by debris on a construction site. In 2003, Joel Papale, a garage door salesman, was working on a Beazer Homes job site in Moreno Valley when he was hit on the head by drywall thrown from a second-floor window by employees of Ultra-Wall Inc. Papale, who was wearing a hard hat, claimed he sustained herniated discs at C3-C6, which have restricted his movement and resulted in a significant loss of earnings. Papale blamed Beazer Homes, Ultra-Wall and Ultra-Wall's hiring manager, alleging they all were liable for the workers' negligence in tossing out the debris. The defendants admitted liability, but they argued that Papale's injuries were mostly preexisting.

Construction - Riverside County
Papale v. Ultra-Wall Inc.*
From VerdictSearch California

Bodybuilder injured in motorcycle crash gets $2M

A professional bodybuilder and trainer who alleged he sustained career-ending injuries in a motorcycle accident received a $2 million settlement. In 2008, Michael Torchia was riding his motorcycle on Santa Monica Boulevard when a vehicle driven by Francisco Alfaro allegedly changed lanes and parked in front of him. Torchia claimed he was unable to avoid the vehicle and laid down his bike prior to impact, tearing tendons in both rotator cuffs. As a result, he is unable to move his arms above his shoulders and can no longer lift heavy weights. Torchia sued Alfaro and Alfaro's employer, alleging motor vehicle negligence. The defense argued that Torchia made an unsafe lane change prior to the incident that Alfaro could not see. It also contended that Torchia's injuries were preexisting, and disputed his lost earnings claim, citing disparities in his records.

Motor Vehicle - Los Angeles County
Torchia v. Alfaro *
From VerdictSearch California

Verizon agrees to pay $7M for fatal wrong-way crash

The family of a man killed in a head-on collision received a $7 million settlement. In 2009, Verizon California employee Mark Selander was traveling the wrong way on Highway 101 when he collided with a vehicle driven by Jose Raul Reyes Vega, 49. Vega died at the scene. His family alleged that Selander, who had uncontrolled type 1 diabetes, was having a hypoglycemic attack when he drove his company's truck in the wrong direction at high speeds for several miles. They alleged that Verizon was aware of Selander's long history of similar attacks and should not have assigned or allowed him to drive. The defendants denied responsibility for the crash, arguing it was caused by a sudden medical emergency. Verizon further contended that it was prohibited by law from discriminating against Selander based on his diabetes.

Motor Vehicle - Santa Barbara County
Vega v. Verizon California Inc. *
From VerdictSearch California

Motorcyclist injured in crash with tanker gets $3.5M

A motorcyclist who sustained multiple fractures in a collision with a tanker recovered $3.5 million. In 2007, Clayton Miranda DaSilva said he was operating his motorcycle on an uphill curve when a tanker, which was attached to a downhill-traveling tractor operated by Ramon Ornelas, crossed the double-yellow line and struck him. DaSilva suffered severe injuries and had to be airlifted to the hospital, where he underwent 17 surgeries. As a result of the accident, he sustained 85 percent loss of use of his left hand and walks with a limp. DaSilva sued Ornelas and his employer, Thompson & Harvey Transportation Inc., alleging Ornelas was fatigued at the time of the crash due to working too many hours. The defense denied the allegations, arguing that DaSilva lost control of his motorcycle and ran into the tanker. The jury found the defendants 75 percent and DaSilva 25 percent liable, which resulted in the $4.7 million verdict being reduced.

Motor Vehicle - San Mateo County
DaSilva v. Ornelas *
From VerdictSearch California

School district pays $17.5M to cheerleader paralyzed in fall from truck

The Gustine Unified School District agreed to pay $17.5 million to a high school cheerleader who sustained a traumatic brain injury when she fell off the back of a pickup truck. In 2008, cheerleading coach Amy Sanchez instructed Natalia Lacayo, 17, and her teammates to sit in the back of the truck to go to a parade. The truck's uninsured driver, Teodoro Cardoso, 17, allegedly accelerated too quickly, causing Natalia and four others to fall out. Natalia suffered head and brain injuries, including paraplegia and cognitive defects, and she now requires 24-hour care. Natalia's counsel blamed the school district, alleging it was responsible for Sanchez's negligent supervision and Teodoro's negligence as a volunteer for the school district. The district argued that it wasn't liable for Teodoro's actions, and it contended that Natalia was comparatively negligent because some witnesses said they saw her stand up before she fell. The settlement was reached in mediation.

Motor Vehicle - Merced County
Lacayo v. Gustine Unified School District *
From VerdictSearch California

Jury awards $903k to caretaker injured in deadly fire

A jury awarded $903,000 to a live-in caretaker who suffered smoke inhalation during a fire at a client's home. In 2006, Lydia Sanchez was awakened by a fire at Dorothy Kavanaugh's home in Santa Monica. Sanchez said she attempted to rescue Kavanaugh, but was overcome by smoke and had to exit through a window. Kavanaugh, 92, died in the blaze. Sanchez was hospitalized for three weeks due to smoke inhalation, followed by three weeks in a rehabilitation facility. While in the hospital, she became ill and had to have her gallbladder removed. She claimed she still has breathing problems and is unable to work full-time. Sanchez sued Kavanaugh's estate, alleging Kavanaugh caused the fire by smoking in bed. The estate's trustees argued that Sanchez and her employer were aware Kavanaugh smoked in bed and were negligent in failing to prevent the fire. The jury found the estate and Sanchez's employer, who was not a defendant in the lawsuit, each 50 percent at fault.

Premises Liability - Los Angeles County
Sanchez v. Estate of Kavanaugh *
From VerdictSearch California

*disclaimer: The verdicts and settlements are reported from court records. These verdicts or settlements were not obtained by Rosenstock & Azran. If you need a personal injury attorney, please contact us directly at 818-666-0056. Thank you.

Man rear-ended by teen driver gets $1.5M settlement

A businessman injured in a collision with a teenage driver received a $1.5 million settlement. In 2007, Ashford Maxwell Jones was rear-ended by Timothy Peters, a minor, and the impact pushed Jones' vehicle into the car ahead of him. He claimed the crash caused back and neck injuries and aggravated his preexisting TMJ condition. He alleged he is now permanently disabled and unable to work. Timothy had been driving in violation of his provisional license, which requires that an adult be present in the car, at the time of the crash. He and his parents conceded liability, but they argued that Jones' injuries were preexisting and that the accident didn't preclude his ability to work. The case ultimately settled for the defendants' insurance policy limits.

Motor Vehicle - Los Angeles County
Jones v. Peters *
From VerdictSearch California

CALIFORNIA VERDICTS & SETTLEMENTS disclaimer

*disclaimer: The verdicts and settlements are reported from court records. These verdicts or settlements were not obtained by Rosenstock & Azran. If you need a personal injury attorney, please contact us directly at 818-666-0056. Thank you.

Toyota SUA Cases Consolidated in California

More than 200 personal-injury and class-action lawsuits against Toyota will be consolidated in a California federal court. The cases regard the vehicles' tendency to suddenly accelerate without the driver pushing the gas pedal. They have been combined into a single case due to be heard in a Santa Ana courtroom, thanks to a ruling by a panel of federal judges. Hearings are scheduled to begin in May.

The cases were filed starting last September, when widespread acceleration problems first came to light. Toyota initially blamed the problem on improperly installed floor mats, but later acknowledged potential mechanical defects as well.

Toyota has recalled more than 8 million vehicles for acceleration problems, but many owners say the damage was already done. The acceleration cases include personal injuries and even deaths, as well as cases arguing that the acceleration problem has devalued the vehicles. These plaintiffs argue Toyota owes them compensation for the reduction in value.

The judges said the combined case "will eliminate duplicative discovery; prevent inconsistent pretrial rulings, including with respect to class certification; and conserve the resources of the parties, their counsel, and the judiciary."

The hearing literally hits close to home for Toyota, which is has its U.S. headquarters in Torrance, Calif. The firm issued a statement saying it is happy with the location. However, the decision presents some disadvantages for Toyota and some benefits for plaintiffs.

The trial will be heavily covered by the media, and the potential $10 billion liability will hurt both financially and in terms of the company's reputation. The plaintiffs also will have a selective pool of skilled, expert lawyers instead of relying on various attorneys in the various cases around the country. Likewise, an experienced and highly regarded judge will make uniform decisions on which cases have merit, which evidence can be presented and other factors.

On the other hand, the jury pool in Santa Ana is likely to be more conservative than potential jurors in Los Angeles or other jurisdictions that were considered for the case.

Attorney W. Daniel Dee Miles has filed class action lawsuits in four states. In a press statement, he said the consolidation decision makes sense.

Meanwhile, Toyota is facing other headaches. The company has agreed to a $16.4 million federal fine for failing to report its vehicle problems in a timely manner, and Toyota recently added a Lexus sport-utility vehicle to its long list of recalled vehicles.

Defective Air Bags Continue to Plague Auto Industry

Although there has been a recent glut of stories detailing the issues Toyota seems to be having with sudden unintended acceleration, there are other prevalent issues car manufacturers face every day. Among the big six auto makers (GM, Toyota, Ford, Chrysler, Honda and Nissan), the top issue by far is malfunctioning air bags.

In fact, since 2003, over half of all incidents reported to the National Highway Traffic Safety Administration (NHTSA) have contained claims of malfunctioning air bags. Compare that to sudden acceleration, which has only been mentioned in 3 percent of all accident claims. Even Toyota, which at 11 percent had far and away the most claims of sudden acceleration among all the car manufacturers, received nearly five times as many air bag claims (52 percent).

Over the past decade, in fact, there have been more than 70 individual recalls related to air bags. Typically these recalls have been initiated by the manufacturers themselves (and not due to public outcry). Most often, the triggers for the recalls have been air bags that failed to deploy during a crash or that deployed for no apparent reason.

Compared to the outcry over Toyota's recent sudden acceleration issues, there has been little public notice of faulty air bags. According to industry experts, such as David Zuby from the Insurance Institute for Highway Safety's Vehicle Research Center, individuals are often not sure exactly how an air bag should behave in an accident. Because of this, their complaints may often be based on faulty expectations. In a recent New York Times article, Zuby is quoted as acknowledging that to a passenger, "any kind of crash is frightening. But they may not understand that air bags are not intended to go off in all crashes."Add to this that there are limits to how complaint data is gathered, and Zuby says it is "possible that if you had more information that you would find out that someone is complaining about something they shouldn't be."

In spite of possible over-reporting, there are solid numbers to back up the idea that something is wrong and hasn't been fixed. Since 2000, more than 23,800 claims of malfunctioning air bags have been made against vehicle manufacturers from car accidents that led to either death or injury.

Man with knee injury from two-story fall receives more than $1M

A man who sustained permanent knee injury and deformity in a fall recovered $1,066,960. On Jan. 2, 2008, Rafael Deschamps, then 58, fell from the third floor of his Oakland apartment building after a railing collapsed. Deschamps, who underwent various reconstruction surgeries, asserted that building owner Douglas M. Wong failed to conduct routine maintenance; allowed numerous violations of building codes, construction standards and permit codes; and consciously disregarded known risks around the property, while failing to repair or inadequately repairing known dangers, including the rotten railing. The defense admitted liability. The plaintiff's son, who was present during the accident, was included in the settlement.

Premises Liability - Alameda County
Deschamps v. Wong *
From VerdictSearch California

Longshoreman hurt in boating mishap recovers $1,825,000

A longshoreman who sustained hypothermia and a forearm fracture in a docking mishap recovered $1,825,000. On Aug. 6, 2008, Carl Perry, then 72, was working the mooring lines of a Yang Ming Marine Transport Corp.-operated vessel. During docking in Oakland Harbor, Perry placed the mooring line's eye over the dockside bollard. When the ship's mate heaved the line, it parted at the back splice and swept across the dock's apron, knocking Perry overboard. He was in the water for roughly 40 minutes before being rescued. Perry claimed that the mooring line parted due to overuse and the ship's mate negligently heaved the line when the dock apron wasn't clear. The transport corporation disputed Perry's claim that he would've worked until age 80.

Boating Accidents - JAMS
Perry v. Yang Ming Marine Transport Corporation *
From VerdictSearch California

Jury awards more than $4M to woman who sustained fractures in crash

A jury awarded $4,190,002 to a woman who claimed compression and burst fractures at T12 and a right high labral tear from a hit-and-run accident. On April 24, 2006, Chela St. John-Parisian, then 57, was reportedly sideswiped by an 18-wheel tractor-trailer. She then crashed into the concrete median on Freeway 101 near Santa Barbara. The plaintiff, who underwent right hip labral surgery, blamed a Foster Farms truck driven by Jesus Sepulveda, who allegedly fled the scene. The defense denied any involvement in the crash and blamed an unidentified truck and driver, noting that the plaintiff couldn't recall the color of the subject truck. The defense also argued that St. John-Parisian's injuries were pre-existing.

Motor Vehicle - Santa Barbara County
St. John-Parisian v. Foster Poultry Farms Inc.*
From VerdictSearch California

*disclaimer: These are reported verdicts from court records. These verdicts were not obtained by Rosenstock & Azran. If you need a personal injury attorney, please contact us directly at 818-666-0056. Thank you.

April 2010-CALIFORNIA VERDICTS & SETTLEMENTS DISCLAIMER

*disclaimer: The verdicts and settlements are reported from court records. These verdicts or settlements were not obtained by Rosenstock & Azran. If you need a personal injury attorney, please contact us directly at 818-666-0056. Thank you.

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