PI / WRONGFUL DEATH

PERSONAL INJURY / WRONGFUL DEATH

Representative Cases

Successfully mediated this personal injury dog-bite case arising from a pit-bull attack on 30-year female plaintiff. Plaintiff was walking on a public sidewalk in a residential neighborhood when, without warning the pit-bull came from out of a back-yard adjacent to the sidewalk and lunged at plaintiff, biting her once near her left elbow. Plaintiff ran to a nearby retaining wall and while scaling the wall, she was bit again on the right calf. She further claimed that she suffered a meniscus tear to her right knee during that escape effort. A good Samaritan passerby scared the dog off where it retreated to its back-yard. Plaintiff was transported by ambulance to an urgent care facility where the bite wounds were cleansed and debrided. The meniscus tear was subsequently treated with an arthroscopic plasma -rich injection. Plaintiff later sought psychotherapy treatment resulting in a diagnosis of PTSD. Defendant/Insured/Homeowner claimed the dog was owned by her daughter's boyfriend who had been living with the daughter in the home for a year; that neither she, nor her daughter were home when the incident occurred and that the boyfriend was in direct control of the dog at all relevant times. The boyfriend was not covered under the subject HO policy. Plaintiff contended that the Insured/Homeowner was the actual owner of the dog, thereby subject to strict liability under the dog-bite statute, because she purchased the dog for the boyfriend and allowed the dog to stay in her home. Alternatively, plaintiff contended that the Homeowner was negligent in the maintenance of her home in that the back-yard gate leading to the street was in disrepair such that the dog was able to push it open on its own. The case was settled at a half-day mediation prior to disclosure of expert witnesses.

Successfully mediated this contested liability, auto v. auto intersectional collision personal injury case. Plaintiff, a 71 year old retired elementary school teacher, driving a newer model Porsche SUV, was in the process of executing a left turn, across the east bound lane, of a two lane east-west rural highway, when her vehicle was struck at a high rate of speed on the left front quarter panel by the Defendant's Dodge Durango traveling eastbound. Plaintiff contended that the Defendant was traveling at 100 mph with a blood alcohol level of .08%. The 57 year old defendant was not wearing a seat belt. He was ejected from the vehicle and died at the scene. Both vehicles were rendered a total loss. Plaintiff was able to extricate herself from her vehicle. She declined ambulance transport. Her husband picked her up at the scene and drove her to the emergency room where she was released after negative X-rays and a CT scan. She suffered no broken bones or lacerations. An MRI, 12 months post-accident, revealed a moderate disc protrusion at C3-C4. She received physical therapy for four months. A year after the accident she complained of radiating pain into both arms. She received an epidural steroid injection and was placed on Neurontin for her nerve pain. Plaintiff claimed significant emotional distress related to her ongoing physical limitations and PTSD associated with the severity of the impact. Defendant contended, based on the opinions and conclusions of the investigating CHP Officer, that Plaintiff caused the accident by executing an unsafe left turn in Violation of Vehicle code Section 21804(a) - failure to yield the right of way to an oncoming motorist. Defendant disputed the nature and extent of the injuries, asserting that Plaintiff's ongoing complaints were from pre-existing arthritis and a long standing history of depression. The case settled at mediation prior to expert witness discovery.

Successfully mediated this government tort claim alleging dangerous condition of public roadway arising from a solo bicycle accident. Plaintiff, age 70 and recently retired, was an experienced recreational road cyclist. At mid-day he was riding on a rural, mountainous, narrow, two-lane paved asphalt roadway on a downhill curve at a speed estimated at 22-25 mph, when he suddenly encountered a bulge or deformation of the road traversing his lane of travel. The deformation, resulting from a redwood tree root, described as the size of a speed bump, was obscured by shade. He was thrown over the handlebars and, despite being helmeted, was rendered unconscious and found prone in the roadway, bleeding profusely from the head, by a motorist who happened on the scene. The motorist summoned aid from a nearby homeowner who called 911. The homeowner reported to the investigating CHP officer that five years earlier another bicyclist suffered severe head injuries in an identical fashion on the same roadway deformation. The homeowner claimed that he reported the earlier accident to the County public works department and requested that the road be repaired. Plaintiff, suffered subarachnoid and subdural hemorrhages requiring brain surgery and severe fractures of the sinus and orbital bones. He was comatose for three weeks and required life supporting ventilation and a feeding tube. Plaintiff contended that despite notice of the dangerous condition the defendant failed to repair the road defect. Defendant County contended that despite the homeowner's claim of an oral report shortly after the first incident, it had no record of any call or report and no notice of any other kind from a citizen, or otherwise, of the alleged defect. It further contended that there was no proof of causation as plaintiff had no recall of the accident and no proof that his fall was caused by the deformation; that the deformation was open and obvious; that the bulge/deformation did not constitute a dangerous condition. The case settled at mediation four weeks prior to trial.

Successfully mediated an inter-family sexual assault case. Plaintiff was 13 years old when she was sexually assaulted by her paternal uncle on a single occasion while staying overnight at the uncle's house while her mother was away on a business trip. Plaintiff informed her older sister on the night of the assault and her mother via phone the next day. They jointly confronted the uncle days later upon the mother's return from her business trip. He denied the assault. The family waited for two years before reporting the assault to law enforcement. Defendant was arrested and prosecuted for felony sexual assault of a minor. Defendant at all times denied committing the assault. He ultimately pled no contest to a lesser charge of felony assault with force likely to cause great bodily injury. He claimed he did so only to avoid putting the family through the ordeal of a trial and to avoid the risk of a conviction that could result in a mandatory prison sentence in a "she said/he said case". Thereafter, the family attempted resolution without success via mediation with a respected family elder. Plaintiff retained counsel and filed suit. Defendant tendered defense to his homeowner's insurance carrier. The insurer provided a defense under a reservation of rights. The insurer filed a declaratory relief action. The case settled at mediation prior to the parties engaging in discovery. Defendant agreed to promptly sell his family's home to generate the amount necessary to settle the case. Defendant's insurer contributed a substantial sum towards the settlement approximating its estimated cost of defending the liability claim.

Presided over a lengthy, expert witness intensive, jury trial brought by the widow and two adult daughters for wrongful death of their 58-year-old husband and father, arising from his suicide by hanging while residing in residential drug rehabilitation facility. Plaintiffs contended that the defendants failed to provide medical detoxification management while decedent was withdrawing from benzodiazepine addiction and inadequately supervised their at-risk client. Defendants asserted that Plaintiffs were aware that its facility was a counseling only facility and did not use medications to manage withdrawals, and that any conduct on their part was not a legal cause of decedent’s death.

Presided over a lengthy, expert witness intensive, jury trial brought by the adult daughter for wrongful death of her 71-year-old father, arising from a motorcycle accident, allegedly resulting from the defective design and manufacture of the motorcycle. Plaintiff was test driving the subject “pre-production” electronic motorcycle, negotiating a left banked curve on a rural roadway when the left foot peg broke causing decedent to lose control of the motorcycle and collide head-on with a motorist traveling in the opposite lane of travel. Defendant contended the claim was barred by decedent’s signed express assumption of the risk agreement relating to the test drive program and that the left foot peg did not fail pre-impact - it was broken off during impact.

Presided over lengthy, expert witness intensive, jury trial involving traumatic brain injury suffered by plaintiff, 49-year-old male (helmeted) bicyclist. He asserted he was required to move out of the bicycle lane when suddenly confronted by a two inch below grade utility manhole cover and in so doing was hit by a motorist in the adjacent travel portion of the roadway. He claimed negligence against the utility provider and maintenance of a dangerous condition against the County. The defendants argued that the condition was open and obvious, not a dangerous condition and plaintiff was 100% responsible for the accident.

Presided over a lengthy, expert witness intensive, jury trial brought by the widow and seven adult children for wrongful death of their 65-year-old husband and father arising from an auto v. bicycle accident. Decedent, and each of the surviving plaintiffs were residents and citizens of Mexico. Decedent was an itinerant farm worker. At dawn, while crossing a rural highway on his bicycle without a helmet, he was struck from behind by an uninsured motorist. Decedent was thrown into the opposing lane of travel. While laying disabled in the roadway for a period of minutes, he was run over by defendant’s vehicle in the opposite lane. Plaintiffs contended that decedent survived the first impact and was killed by the negligence of defendant, the second motorist. Defendant contended that decedent was not visible on the roadway, that the injuries he suffered in the first impact were fatal, and that decedent was 100% at fault.

Presided over a jury trial involving a motorcycle v. U-Haul truck collision resulting in traumatic brain injury to the 50-year-old motorcyclist. Plaintiff contended that he was in the process of passing on the left a slow-moving U-Haul box truck when suddenly, without signaling, the truck driver turned left, collided with the motorcycle and plaintiff was propelled to the ground landing on his head. Plaintiff suffered permanently disabling injuries. Defendant U-Haul was the employer of the driver of the truck who was in the process of moving the truck from the street into the U-Haul lot. Defendant contended that the left turn signal was activated prior to the turn and that plaintiff was engaged in an illegal passing movement.

Presided over a jury trial involving an intersectional collision between plaintiff’s SUV and a Yellow Taxi cab. Defendant admitted liability. Plaintiff, a 61-year-old housewife, claimed she suffered disc bulges in the cervical spine which required a two-level discectomy which had not yet been performed. Defendant contended that the mechanics of the forces applied during the collision were insufficient to produce the claimed disc bulges, that plaintiff’s neck issues pre-existed the accident, and that plaintiff’s pain was primarily psychosomatic.

Conducted hundreds of successful judicial mediations involving every manner of personal injury and wrongful death case arising from auto v. auto, auto v. motorcycle, auto v. bicycle and auto v. pedestrian collisions; trucking accidents; slip/fall; dangerous conditions of public property; defective products; asbestos/chemical exposures; sexual assaults; negligent transmission of sexual diseases; child molestations; convalescent/nursing home negligence; unsafe workplace conditions; failure to supervise in school settings; sporting event accidents; negligent maintenance of private property; social host liability; amusement park accidents; prescription mislabeling and others - ranging in severity from soft tissue injury cases, to quadriplegia, amputations, traumatic brain injury, blindness, and death cases.