Los Angeles, California Personal Injury Blog

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 lia ble.

Admiralty/Maritime - Alameda County
Thompson v. Forni

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

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

A jury found that the driver of a skip loader was not to blame for a collision with a vehicle driven by a woman's fiance. In 2008, Marna Paintsil Anning lent her vehicle to her fiance. While he was using it, a collision occurred between the passenger side of Anning's vehicle and Alonzo Eiseman's construction vehicle. Anning claimed that while her fiance was driving behind the truck, Eiseman pulled into the right parking lane and then attempted to make a left turn from that lane, causing the crash. She claimed between $12,000 and $15,000 worth of damage to her vehicle. Eiseman claimed that he was driving straight through an intersection when Anning's fiancee attempted to pass him on the left, clipping the skip loader's rear bucket.

Motor Vehicle - Alameda County
Anning v. Eiseman
From VerdictSearch-California

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

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

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

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