Samples of Verdicts & Settlements
Car Rear-Ended by Ford 550 - $400,000 Settlement
Our client, a 42 year old Industrial Painter, sustained multiple injuries
when his vehicle was rear ended by a Ford F-550 truck at a high rate of
speed on eastbound SR-120, in the city of Tracy, California. Our client's
vehicle was propelled into a ravine and was rendered a total loss. His
injuries included a concussion, a left frontal scalp hematoma, a neck
sprain with a disc protrusion at C4-5 and C5-6 and multiple abrasions.
Our client incurred approximately $70,000.00 in medical expenses. His
case resolved at mediation for the sum of $400,000.00.
Car Rear-Ended by Another Vehicle - $800,000 Settlement
Our client, a pharmaceutical manufacturing specialist, was rear ended by
defendant's vehicle at a speed of 50 mph while traveling on SR-84,
east of Thornton Avenue, in the city of Fremont, California. Our client's
injuries included a cervical disc protrusions in the cervical spine, necessitating
surgery, as well as a tear of the supraspinatus tendon in the left shoulder,
necessitating shoulder surgery. She incurred approximately $90,000.00
in medical expenses and $40,000.00 in lost earnings and she requires future
medical care. The defendant's insurance company retained several experts
that disputed that our client's injuries were caused by the subject
accident, notwithstanding the fact that our client did not have any prior
neck or shoulder injuries. The case resolved at mediation for the sum
of $800,000.00 on 1/14/2013.
Truck Driver Strikes/Drags Pedestrian in Crosswalk - $1,900,000 Settlement
A truck driver struck and dragged a pedestrian in a crosswalk. Our firm
represented the pedestrian and the case ended in a $1,900,000 case settlement.
Working Hits Stopped Vehicle During Delivery - $185,000 Settlement
A worker struck a stopped vehicle during a delivery, resulting in an $185,000
Biker Hit and Killed by MUNI Bus - $500,000 Wrongful Death Settlement
A bicyclist was hit and killed by a municipal transportation bus. The case
resulted in a $500,000 wrongful death settlement.
Stop Sign Violation/ Collision
– $3,423,000 Settlement
Motorist failed to acknowledge stop sign and caused an auto accident. The
case resulted in a $3,423,000 settlement.
Defective Tire/Blow Out – Brain Injury - $3,000,000.00 settlement in Mediation
A family rented a van from Dollar Rent a Car in Dallas, Texas to journey
to California for a family reunion. While crossing Arizona, the rear tire
blew out causing the van to go out of control into the median and roll
over. Injuries ranged from scrapes and abrasions to fractures. The baby
of the family, who was riding in her mother's lap, was ejected and
suffered a head injury that resulted in hemiparesis and possible developmental
delay. Plaintiffs contended that the tire had been improperly repaired
by the placement of a plug in the sidewall and that Dollar either performed
the repair or failed to inspect the vehicle prior to renting the vehicle
to the family.
Dangerous Roadway/Defective Vehicle -
Settled with County of Merced for $1,000,000.00. Settled with Ford Motor
Company under a Confidentiality Agreement.
The plaintiff suffered paraplegia when she missed a curve on Franklin Road
at Southern Pacific Road in Merced County, California. Plaintiffs'
1994 Ford Escort slid off the roadway into a cow pasture, where it rolled
over one time, coming to rest on its wheels. Plaintiff was the seat belted
driver of the vehicle. Her passengers, one seat belted, the other not,
walked away from the accident. Plaintiff is a paraplegic as a result of
the combination of a dangerous and defective roadway and a dangerous and
defective automobile. Plaintiff suffered a spinal cord injury at T11/T12,
which caused complete obliteration of the spinal cord below that level,
leaving her paralyzed.
Gas Pipeline Explosion – Severe Burn Injury - $8,500,000 settlement
A 30 year old laborer was burned over 30% of his body when a high pressure
gas pipeline exploded in Walnut Creek after being struck by a back hoe
during digging operations. Our client contended the pipeline owner created
a dangerous condition of property by failing to have proper maps locating
the pipeline and mismarking the location of the pipeline for the dig.
Fraud – Breach of Contract Action - $8,000,000.00 Jury Award
The plaintiff, a self-employed engineer, entered into a verbal agreement
with defendant and his company, for the purpose of manufacturing and sales
component parts for computer disc drives. The parties agreed to share
equally in the profits and losses of the business. After an eight year
relationship, the defendants cancelled the partnership agreement and excluded
the plaintiff from further profit sharing from a lucrative mulit-million
dollar venture. Plaintiff's attempt to informally resolve the dispute
was futile and litigation ensued. The plaintiff contended that defendants
repudiated the partnership agreement and misrepresented the business profits
and charged extensive illegitimate expenses against the partnership business.
Defendants contended that plaintiff was not a partner, but only a sales
Pedestrian/Auto Collision - $1,675,000.00 for the plaintiff, $150,000.00 for husband's claim
for loss of consortium, $50,000.00 for two year old and $25,000.00 for
young girl (Dillon v. Legg Claim)
The plaintiff, a 29 year old mother of three, was struck by a big rig in
a marked crosswalk at a busy intersection in the city of San Jose. The
plaintiff was pushing her two year old in a baby stroller in the crosswalk,
while her daughter was walking ahead of them. The defendant, who was in
the course and scope of his employment, failed to stop at the intersection
and ran a red light Defendant's truck ran over the plaintiff's
leg and dragged her approximately 30 feet, while the baby stroller was
dragged for approximately 100 feet before the driver was flagged down
by witnesses to stop. The plaintiff sustained multiple fractures upper
extremity and lower extremity fractures, as well as, among other things,
avulsion injuries to her arm and ankle/foot. She underwent multiple surgical
procedures and she requires future care. Her two year old son sustained
multiple abrasions/lacerations, as well as significant emotional distress
Pedestrian/Auto Collision - $1,500,000.00 Settled in Mediation
22 year old undocumented alien, having recently come to the United States
from Mexico, was struck while walking in a marked crosswalk in the City
of San Jose. The plaintiff suffered a closed head injury, with bleeding
in the brain and further has cognitive impairments.
$1,250,000.00 Policy Limits Settlement
The plaintiff was walking across B Street, at the intersection of Third
Street, in the City of Hayward, in a legally marked crosswalk. As she
continued walking, the defendant, Ms Shirley Lee, who was driving her
1991 Mazda vehicle in an easterly direction on B Street, entered the subject
intersection and collided into the plaintiff.
Plaintiff's head struck the defendant's windshield after which
plaintiff's body was hurled approximately 12 feet east of the crosswalk
and was rendered unconscious. The defendant admitted to the investigating
officer that she did not see the plaintiff prior to the impact. She further
indicated that she entered the intersection at a speed of 18 mph and continued
to accelerate until the collision occurred.
Plaintiff's injuries include a skull fracture with paresthesia of the
left upper extremity, a left tibial plateau fracture.
Pedestrian/Auto Collision - $525,000.00 Settlement two weeks after mediation
The plaintiff, a married 64 year old self-employed artist, was struck by
a vehicle while she was walking in a marked crosswalk in the city of Santa
Clara. The defendant indicated that she failed to observe the plaintiff
due to the fact that the sun was in her eyes and obstructed her vision.
The plaintiff's injuries included a head injury, a fractured leg and
a tear in the knee. Defendant admitted liability, but disputed that there
were any residual injuries related to the plaintiff's injuries.
Auto versus Truck Collision - $800,000.00 Settlement Just Prior to Jury Selection
A 39 year old mother of three was killed when her vehicle under rode the
trailer of a big rig as it was attempting to make a left turn in front
of the decedent. The investigating CHP officer held concluded that the
mother was negligent and operating her vehicle at an unsafe and excessive
speed for prevailing condition. Plaintiffs contended that the truck driver
was negligent for not having conspicuity tape properly located on the
trailer and for violating the terms of a permit issued by the City of
Livermore. Defendants' denied liability and litigation ensued.
Auto versus Big Rig Collision - $2,514,000.0 Jury Award, Plus Costs & Interest. Total Amount Paid
Plaintiff was stopped for traffic in Interstate 95 in the city of Las Vegas.
Defendant was employed by and operating a tanker truck owned by Coastal.
Defendant's truck crashed into the plaintiff's vehicle from the
rear. Defendant was inattentive and violated the basic speed law. In addition,
the brakes on defendants' trailer were out of adjustment resulting
in a 40% deficiency in braking capacity. Defendants admitted liability,
but disputed the nature and extent of the plaintiff's injuries and
damages. The plaintiff sustained a herniated disc at the L5-S1 level which
required a discectomy. Plaintiff had residual pain and is a candidate
for fusion surgery.
Plaintiff demanded: $2,300,000.00 which was later reduced to a $1,000,000.00 policy limit demand
Defendant offered: $350,000.00
COMMENTS: Plaintiff's counsel was misled by defense counsel to believe
that there was only one insurance policy covering this incident. On the
second day of trial, defense counsel notified plaintiff's counsel
that there was an excess policy.
Auto versus Truck/Trailer Collision –
$2,030,000.00 at mediation
The plaintiff, as 22 year old student, was a passenger in a Honda Civic
which experienced a front passenger side flat tire. In response, the driver
of the Honda had pulled so far off the freeway, half of the vehicle was
straddling the asphalt shoulder and the other half was in the gravel completely
off the paved shoulder surface. The emergency flashers were on and the
trunk lid open. After a night of drinking with friends, defendant drove
his Ford F350 truck to his employer's yard in Brisbane, California,
for the purpose of meeting a subordinate employee and to hitch his Ford
350 truck to a Toman trailer owned by his employer. After hitching the
trailer, he drove to the job site in Santa Cruz with the subordinate employee
following in a second vehicle on I-280.
At a speed of approximately 60 mph, defendant went off the freeway and
smashed into the rear of the Honda which had been stopped on the side
of the freeway for approximately 15 minutes. The forces of the truck striking
the small Honda at this speed demolished the car in which the plaintiff
was a rear seat passenger. The plaintiff was later pronounced dead at
In a later criminal proceeding, the defendant pled guilty to felony vehicular
manslaughter and felony driving under the influence causing great bodily
injury. He was sentenced to a term of years in a California State Penitentiary.
Defendant employer claimed and continued to contend that the defendant
driver was an independent contractor, despite the fact that during discovery
proceedings in litigation, there was overwhelming evidence that the driver
was an employee of the defendant company at the time of the subject collision
and was acting in the course and scope of said employment.
Auto versus Truck Collision
$1,490,000.00 settlement after two weeks after mediation
22 year old single female sustained serious facial injuries, including
a fractured jaw, an orbital fracture, as well as multiple lower extremity
fractures, as a result of collision involving a fireman who ran a stop
sign and broadsided the vehicle she was a passenger in. Plaintiff required
multiple jaw surgeries. Defendant initially contended that he was a volunteer
fireman and was not in the course and scope of his employment. Litigation
and discovery revealed that defendant was on call and was responding to
an emergency fire at the time that he ran a stop sign at a high rate of
speed and violated the plaintiff's right of way.
Auto versus Truck Collision
Settled for $1,250,000.00 the week prior to trial
This matter arises from an automobile collision that occurred in the City
of Cupertino, State of California. The collision occurred when Schindler
Elevator Corporation's employee, who was driving northbound on I-280,
failed to timely observe slowing/stopped traffic ahead of him, with the
result that he crashed into the rear end of the plaintiff's vehicle
with such force that her vehicle was propelled forward into a stationary
vehicle in front of her resulting in a further chain reaction collision
involving three additional vehicles.
The plaintiff, who was 35 years of age at the time of the collision, sustained
a cervical disk herniation at the C6-7 level and an incisional hernia.
She underwent three surgical procedures: 1) an anterior cervical discectomy
at C6-7, anterior cervical foraminotomy at C6-7 bilaterally, anterior
fusion using human allograft struts and demineralized home matrix gel,
C6-7, and anterior fusion, C6-C7, using Synthes anterior cervical plates
and screws; 2) an abdominal ventral hernia repair; and a second abdominal
ventral hernia repair when the initial repair failed.
Auto versus Pick Up Collision -
$950,000.00 settlement Plaintiff was driving her vehicle in an easterly direction through an
intersection when the defendant pulled into the intersection directly
in the path of her vehicle, causing both vehicles to collide. Defendant
disputed liability. Plaintiff sustained the following injuries, including
the following: Facial scarring and nerve damage necessitating surgery;
chin laceration through and through with a 6 cm intraoral laceration;
nasal fracture; right mandible degloving injury deformity; head injury;
and lumbar dysfunction/herniated disc with radicular pain into both lower
extremities. In addition, Ms. Serrano was diagnosed with post- traumatic
Auto versus Truck Collision
The plaintiff was involved in a collision on US-101 in the City of San
Jose, CA. The collision occurred when the defendant lost control of his
vehicle, entered into the number two lane of traffic and collided into
the plaintiff' vehicle. Defendants disputed liability, and furthermore
asserted that the defendant driver was not in the course and scope of
his employment. Plaintiff, who was 39 years of age at the time of the
collision, sustained a herniated disc at the C5-6 level on the left side,
a herniated disc at the C6-7 level on the right side and cervical radiculopathy,
necessitating anterior cervical discectomies and fusions at C5-6 and C6-7.
Auto versus Big Rig Collision –
$750,000.00 at mediation
The plaintiff, who was 33 years of age at the time of the incident, was
stopped for traffic in the number two lane of US-101, within the county
of Santa Clara, when the defendant, who was driving a big rig, changed
lanes from the number three lane to the number two lane in an attempt
to avoid traffic ahead of him, with the result that he crashed into the
right rear portion of the plaintiffs vehicle. The plaintiff's brand
new vehicle was totaled. Plaintiff sustained disc herniation's in
his neck and required a fusion at C4-5 and C5-6.
Auto Collision Involving Disengaged Left Tire of Towed Truck - $1,000,000.00 Policy Limits Settlement
This collision occurred when the left rear tire of the Chevrolet truck
that was being towed by Defendant's towing company disengaged from
the truck and collided into a vehicle that was traveling northbound on
I-5 in the city of Red Bluff. The collision caused the subject vehicle
to lose control over the center median, overturn and slide directly into
a vehicle that was being driven by the plaintiff on southbound on I-5.
Plaintiff sustained a severe head injury, with fractures and hemorrhaging,
facial fractures, a splenic injury, a fractured rib and lung injury.
Forklift Operator - $950,000.00 Settlement
Plaintiff was picking up supplies at an auction when he was struck on the
head by a forklift. The driver of the forklift and his company disputed
liability and indicated that the plaintiff walked into the forklift when
the driver was in the process of dropping the forks. The plaintiff indicated
that his back was turned and he was kneeling down, when he was suddenly
struck on the head from behind and knocked unconscious. Plaintiff sustained
a neck and head injury, with post traumatic encephalomalacia in the inferior
left parietal lobe. Defendant's disputed liability and the nature
and extent of the plaintiff's injuries.
Staircase/No-Hand Rail - $700,000.00 Settlement
The plaintiff, a plumber, was working on a construction site for a new
apartment complex. As he rounded a corner on the second floor, he turned
to descend a temporarily constructed staircase when he fell from a distance
of 15 feet onto his back. The staircase, in violation of Cal.Osha, did
not have any hand rails. Following the incident, temporary handrails were
placed on the staircase for safety reasons. The case was litigated and
settled before trial in mediation.
Defective Temporary Staircase - $650,000.00 Settlement
The plaintiff, an electrician, was working on a construction site when
he fell approximately 10 steps to ground onto his right wrist. Plaintiff
contended that the temporary staircase built by defendant manufacturer
and then re-assembled and revised by defendant subcontract was defective
and non-uniform in each rise and step (height and width) and presented
a dangerous condition. Defendants did not dispute that the steps were
defective, but took the position that the defect was created by the opposing
defendant. The plaintiff sustained a serious right wrist injury, necessitating
surgery and hampering the plaintiff's ability to perform his usual
occupation. After extensive discovery, two mediations and expert depositions,
the case resolved.
Defective Roadway/Solo Motorcycle Collision - $700,000.00 Settlement
Plaintiff, a 43 year old termite inspector, lost control of his motorcycle
while changing lanes on Interstate 580 eastbound when the front wheel
of his bike slipped into a gap between lanes causing an uncontrollable
high speed wobble. Plaintiff suffered multiple fractures when he hit the
guardrail and was ejected from his motorcycle. Plaintiff contended that
the road bed had been deteriorating for years and that CalTrans had made
inadequate repairs despite knowledge of the dangerous condition.
Medical Malpractice - $1,050,000.00 Just Before Binding Arbitration
34 year old married, mother of 3 underwent a tubal ligation. She was pregnant
within four months of undergoing the operation. The child was born with
severe genetic defects. Plaintiffs contended that the tubal ligation was
performed improperly resulting in insufficient damage to the tube to prevent
conception. Damages were claimed for wrongful life/wrongful birth.