- Our client was a patron at a bar. While enjoying drinks with friends, another patron, who was drunk, high on drugs and delusional, attacked our client. The man jumped on our client’s back, slit his throat with a box cutter knife and stabbed him multiple times in the side of the head. The wound to his throat was a mere millimeter from hitting his carotid artery, so he is very lucky he didn’t die. We sued the attacker, as well as the bar because the bar tender knew that the assailant had been up all night doing drugs, was drunk, was delusional, was exhibiting very aggressive behavior and had pulled his knife out at the bar. We were able to obtain a settlement with the uninsured bar and secured a large judgment against the attacker.
Product Liability/Medical Malpractice/Wrongful Death
- Our client went to the hospital for treatment of symptoms associated with a severe heart condition. The hospital had to perform a fairly routine procedure to treat his condition. After the procedure was over, he went into respiratory distress. The medical providers began using a device to deliver oxygen into his lungs. Unfortunately, a component of the device was defective, rendering it ineffective. The healthcare providers failed to realize it for nearly 20 minutes, resulting in our client suffering a severe brain injury and ultimately death. The case was complicated by MICRA, by defense arguments that our client had severely reduced life expectancy because he was morbidly obese, a long-time smoker, and was non-compliant with medical treatment, diet, medication and exercise. Fortunately, we were able to achieve a great result for his family.
PREMISES LIABILITY JURY VERDICT
- Our client sustained permanent injuries to her left foot when she stepped on glass in a room she rented from the Larkspur Landing in Pleasanton, California. Defendant (Hotel) disputed liability and blamed our client and the men who rented the room prior to our client. The jury found the Hotel to be 100% at fault for our client’s injuries. The jury awarded $10,000 in future medical expenses, $300,000 in past pain and suffering, and $1,200,000 in future pain and suffering.
- Our client underwent back surgery. We alleged that the surgeon inserted hardware into her spinal cord and failed to investigate symptoms reflective of such after the surgery. Our client ended up with reduced functioning in her legs, requiring further surgery and extensive treatment. Liability and injury causation were staunchly contested and the laws of MICRA certainly affected the case, but we were still able to get our client a great result against the doctor and his group.
- Our client was on his motorcycle and passing through an intersection on a green light when the owner of a tree trimming business blew through a red light in his F-450, which was towing a tree chipper, and hit our client. Our client suffered multiple broken bones and torn connective tissue in his right foot, which required several surgeries and the amputation of the top half of two of his toes. He also suffered tears of multiple ligaments in his right knee, requiring surgery. The insurance company for the tree trimming business paid its entire $1,000,000 policy.
Auto on Pedestrian
- This was a very complicated case with many moving parts, defendants and theories of liability. One of the defendants was a global corporation. We asserted what we believe was a novel theory of liability against that corporation. The corporation did not want the public or other attorneys to find out that it settled this case, for fear that others would assert the same theory of liability against it. Thus, the facts and defendants are confidential.
- Our elderly client with advanced dementia, who was at high risk of choking was given improper food for her diet restrictions and was not monitored. Unfortunately, she choked on the food and passed away. The defendant disputed liability and the value of the wrongful death damages, given our client’s advanced dementia and familial complexities. We were able to achieve a great result for the family.
- Our elderly client, who was in her 90’s, lived in an Assisted Living Facility, which was responsible for taking care of her and ensuring she was safe. Instead, the facility withheld the necessary care and services for her level of need. Consequently, she fell several times, suffering a variety of injuries, including fractured bones and a subdural hematoma. Fortunately, she was able to get out of there and we were able to get her a substantial amount of money to help her live out the rest of her days in comfort.
Elder Abuse/Neglect and Medical Malpractice
- Our client, with a very complicated medical history, fell at a nursing home due to the facility’s failure to monitor him. He fractured his hip in the process. He then developed severe pressure ulcers. The defendants disputed liability and argued that her injuries were caused by her preexisting medical conditions. Both ultimately settled.
Elder Abuse/Wrongful Death – Settlement
- Our elderly client had advanced dementia and was living in a memory care unit in an Assisted Living Facility. The unit specialized in providing a higher level of monitoring, attention and care to elderly persons with significant Alzheimer’s and/or Dementia. Despite knowing of our client’s tendency to wander and get agitated easily, facility staff allowed him to wander into another resident’s room and start a fight. Our client’s hip was broken during the fight and he died a short time later.
- Our client was an adorable 4-year old girl that was visiting her friend next door when she was viciously bit in the face by a dog that the homeowner was dog sitting for her son. We sued the homeowner because she was negligent in allowing the little girls to play with the dog while it was eating, which is when the bite occurred. We also alleged that she fit within the definition of owner, so we also pleaded that she was liable under California’s strict liability law. We also sued the registered owner of the dog. After filing suit, the registered owner immediately tendered his $100,000 policy. The homeowner on the other hand, put up a bit of a fight, alleging that her wounds were not worth the combined policy limits. Ultimately, the homeowner came to her senses and tendered her $300,000 policy limits too.
- Our client was a dependent adult who fell from his bed at the Hospital. Nursing staff neglected his wound which eventually led to an above the knee amputation. After litigating the case for many months, the Skilled Nursing Facility decided to settle. Per the terms of the settlement, the name of the Skilled Nursing Facility must remain confidential.
- Our client was an elderly woman that suffered a fall at home. She was not injured, but was sent to a nursing home to improve her conditioning. Unfortunately, the nursing home and her doctor neglected to treat a skin condition that she had, which led to an infection and death. The defendants staunchly contested liability because of the severity of her underlying skin condition, but settled on the eve of trial.
- Our client entered a nursing home for some rehabilitation with a small pressure ulcer on her buttocks. The nursing home neglected her by letting her sit on her buttocks all day long, never rotating her in bed, never getting her out of bed and failing to provide her with wound care. Consequently, her ulcer grew significantly in size and severity, causing her severe pain. The case was complicated by her many underlying and preexisting health conditions and arguments by the defense that our client refused care. In the end, we were able to achieve a great result, considering the circumstances.
ELDER ABUSE/NEGLECT AND MEDICAL MALPRACTICE
- Our client was neglected at a nursing home, which resulted in awful bed sores to her heel and buttocks. She then transferred to another nursing home, whose negligence killed her. The defendants disputed liability and argued that her injuries and death were caused by her preexisting medical conditions. Both ultimately settled.
- Our client was involved in a high-speed collision, suffering a significant back injury. We were able to take the other driver’s full policy limits, but due to major insurance coverage issues (where we stood to walk away with $0), we settled with another insurance carrier to yield the combined result of $315,000.
Elder Abuse/Wrongful Death – Settlement
- Our elderly client had surgery on his spine. Due to the surgery, he was at high risk of developing blood clots in his legs if his healthcare providers did not provide him the necessary preventative care. Unfortunately, he was transferred to a nursing home, where the staff failed to get him out of bed for several days. As a result, blood clots formed and travelled to his lungs, killing him. Liability was staunchly contested and the defense argued that this was medical malpractice only with capped damages. On the eve of trial, we were able to settle the case and get a great result for our client’s mother, who survived him.
- Our client was sideswiped by a van, which caused our client to go straight over a large curb at a high rate of speed. Our client immediately suffered from neck pain and numbness in her arm. She was ultimately diagnosed with herniated discs in her neck and had a neck fusion surgery. Liability was contested, as it typically is in side swipe cases, but in the end, the defendant’s insurance company paid the policy limits of $300,000.
- Our 87 year-old client was confused, disoriented, had poor safety awareness and impulse control and was a high fall risk. Despite knowing this, the nursing home defendant allowed her to fall several times, leading to a head injury and hip injury. The nursing home blamed all the falls on our client, but ultimately settled.
- Our elderly client suffered a pressure ulcer as a result of a nursing home’s failure to implement preventative medical treatment. She also suffered a fall out of her wheelchair and fractured her hip. Liability regarding the fall was disputed because our client was reaching for something when she fell out of her chair. A month before trial, both sides agreed to settle.
Auto on Pedestrian
- While our client was out for a leisurely walk in her neighborhood, a neighbor backed over her with their car. She sustained a hip fracture that had to be surgically repaired. We were able to get the policy limits from the other driver, as well as our client’s underinsured motorist policy limit.
- This case arose out of an automobile accident, in which our client sustained a hip injury. Defendant’s insurance carrier, Allstate, decided to settle the case for the entire policy limits during litigation.
- Our client was a dependent adult who resided at a Skilled Nursing Facility in San Diego. Nursing staff neglected him over a period of two years. During that time, he suffered several falls and the staff failed to care for his hygiene. Eventually he was transferred to a Hospital to which he was transferred rendered inadequate care leading to his death. After litigating the case for many months, the Skilled Nursing Facility and Hospital decided to settle. Per the terms of the settlement, the name of the Skilled Nursing Facility and Hospital must remain confidential.
Medical Malpractice/Elder Abuse
- Our client fell at home and suffered a severe brain injury, requiring brain surgery and leaving him very compromised, physically and mentally. During his care and rehabilitation thereafter, nurses neglected him, resulting in a large pressure ulcer on his buttocks and a fall with an accompanying head injury. He would later pass away of unrelated causes, which impacted his heirs’ settlement because of MICRA.
Dog Bite – Settlement
- Our client was going door to door for her employment when she was attacked and bitten on her leg by a dog that was off leash and unrestrained.
- Our client was assaulted while attending a New Year’s Eve party at a downtown San Diego Hotel. Defendants (Hotel and Security Company) disputed liability and blamed our client and the person who stabbed our client. After we obtained evidence of inadequate security, defendants’ insurance carriers decided to settle the case at mediation.
- Our client suffered a fractured clavicle and a fracture in her shoulder in a car accident. Despite not needing surgery or even physical therapy, we were able to get her a great result.
- Our client was the third vehicle in a rear end collision. He had severe preexisting back and neck conditions, and had been undergoing treatment regularly for many years prior to the accident. We argued that the accident caused a worsening of his neck and back conditions, but there was no change in MRI’s from before to after and the defense used that to their advantage. In the end, we were able to get the policy limits of $15,000 from the at-fault driver and another $195,000 from our client’s Underinsured Motorist policy.
- Our client fell at her home. She was a high fall risk and had significant dementia. After the hospital stabilized her, she was transferred to a skilled nursing facility. Within 24 hours of her admittance, she showed signs of restlessness, agitation and continuously tried to get out of bed. The facility put her in a wheelchair and had the medication nurse take her around the facility while the nurse was distributing medication. Despite this, our client fell at the facility and broke her hip. Even though she fell and showed signs of pain, the facility failed to send her to the hospital for a couple days. Thereafter, she had surgery on her hip and died months later.
Medical Malpractice/Wrongful Death
- Our client went to an imaging center to get an MRI taken of his back. He had an underlying anxiety disorder that the healthcare providers at the center were fully aware of. The technologist put him into the machine once and he panicked. The technologist pulled him out of the machine, but then breached the standard of care by putting him back in, at which time he had a full blown panic attack and went into cardiac arrest. Unfortunately, the technologist didn’t know how to do CPR and the center didn’t have other essential life saving devices on hand. Our client suffered an anoxic brain injury and ultimately death, leaving behind his heartbroken wife.
Auto Accident – Settlement
- Our client, who had a long history of neck and back injuries, was rear ended. We took the full policy limit from the at-fault driver’s insurance company and got additional money from our client’s own insurance company through his underinsured motorist coverage.
- Our 89 year-old client was confused, disoriented, had poor safety awareness and impulse control and was a high fall risk. Despite knowing this, the nursing home defendant failed to use proper fall prevention methods, resulting in our client falling one time and breaking her hip. The nursing home blamed our client for not asking for help, but decided to settle.
- Our client, who had significant cognitive impairments, suffered two falls at a nursing home, but no injuries were found. A week after being discharged home, he went to the hospital for a different medical issue. At that time, it was discovered that he had a hip fracture. Liability and the cause of his injury was hotly contested, but we were able to settle the case anyway.
CAR ACCIDENT – Jury Verdict
- Two of our clients were involved in a MIST (“Minor Impact Soft Tissue”) auto accident. There was minor damage to their vehicle and each treated briefly with chiropractors. Unfortunately, the insurance company for the at-fault driver refused to even pay for the medical bills, so we took the case to trial. After the jury heard all of the evidence, it awarded one of our clients $106,000 and the other $36,000.
- Our elderly client had pneumonia and a urinary tract infection. The nursing home staff failed to send her to the hospital for a few days despite observing a change in her condition. She ended up in the hospital where she was treated for the pneumonia and infection. The hospital also found that she had a couple of pressure ulcers. However, the defense had a strong argument that a significant factor in causing them was our client’s refusal to eat and to get out of her wheelchair.
SLIP AND FALL
- Our client slipped on melted ice cream in a drug store. We argued that since the ice cream was on the floor long enough to melt, the store was on notice of the dangerous condition in enough time to clean it up. As a result of the fall, our client broke her arm. Fortunately, she did not require surgery and healed up well.
Trip and Fall
- Our elderly client fell down a few stairs at his apartment complex and fractured his knee. We argued that the lighting was poor and that the handrail didn’t extend as far out as it should’ve. The complex and its property management company ultimately conceded and settled.
- Our client had anemia and a gastrointestinal bleed that the nursing home failed to monitor. That resulted in several episodes of worsening of her anemia. The nursing home also neglected her skin, which resulted in a preexisting pressure ulcer in forming again on her coccyx. A couple of months before trial the case settled.
- Our client, who was in very poor health and who needed a lot of attention, entered a nursing home with mild pressure ulcers to his heels and buttocks. The nursing home didn’t provide him with the level of care he needed, which resulted in the wounds mildly worsening. He also suffered a urinary tract infection and dehydration. The nursing home argued that his conditions were present when he entered the facility and that they only worsened under their watch because he was in the process of dying. The nursing home settled anyway.
- Our 94 year old client suffered a suspicious hip fracture in a nursing home. She had severe osteoporosis and there was no clear story as to how the incident occurred. Shortly after the fracture was discovered, she passed away of an unrelated condition. The nursing home decided to settle shortly after litigation began.
TRIP AND FALL
- Our client missed a step as she was walking down a set of stairs outside of a shopping complex. She sustained a fractured ankle and had to have surgery to repair it. The complex disputed liability because our client missed the step. However, we found a couple of building code violations that put some fault on the complex, regardless of the fact that our client missed the step. The case settled prior to litigation.
- This case involved a brutal attack by several assailants on our three clients at a bar in downtown San Diego. The bar had deliberately staffed its bar with far fewer security guards than required by law for the number of guests that patronized the bar, so that it could maximize its profits. On the night of the incident, the bar was also aware that the assailants were dangerous and failed to remove them. Liability was contested in this case, as the bar pointed the finger at the assailants and even blamed our clients for the fight. We ultimately settled in mediation. The terms of the settlement require the name of the bar to remain confidential.
Auto Accident – Settlement
- Our client took her seatbelt off briefly and right when she did so, the car she was in was rear-ended. She broke her nose in the accident, but did not require surgery of any kind. We took the at-fault driver’s policy limits.
- Our 16 year-old client went to a lake for 4th of July with a friend and the friend’s family. The family, who was directly responsible for the boy, was negligent in their monitoring and supervision of him. While swimming in the lake, he became exhausted and drowned. Unfortunately for the family, the only means of recovering damages was through the at-fault family’s homeowner’s insurance policy, which was only $100,000. The lake was in a federal park and the federal park was immune from any liability.
Government Liability Jury Verdict
- Our client was a young boy waiting for school to start when his hand was broken in between a gate and fence. The gate was broken and the school knew it. The school blamed our client and other grade school children for what happened. Despite the fact that the case was in a county notorious for its extremely conservative juries, we took the case to trial anyway to seek justice for our client and secured a victory.
- Our elderly client was t-boned by another driver that ran a stop sign. He already had a bad back, but this accident made it worse and caused him to need back surgery. Unfortunately, the other driver was underinsured. We were able to get the other driver’s total policy limits. We then retrieved our client’s full underinsured policy limits too.
- This was a minor impact rear-end auto accident in La Jolla. Our client was at a complete stop and had his knee on the steering wheel when the accident occurred. The accident caused a flare up of a preexisting knee injury, so the other driver’s insurance company paid out the policy limit of $100,000.
- Our client was in heavy traffic on a busy San Diego highway when he was rear ended by another driver that wasn’t paying attention to the road or traffic. Our client suffered an exacerbation of underlying neck and back injuries. We got him the insurance policy limits available.
- Our client was t-boned at a high rate of speed. As a result of the accident, her tailbone was fractured and she had torn connective tissue in her shoulder. Due to the severity of the accident and our client’s injuries, the insurance company paid the policy limit of $100,000.
- Our client was sitting on an off ramp, when a car careened off the freeway and t-boned him at a high rate of speed. That car had lost control as a result of it and another making unsafe lane changes and speeding. Our client suffered neck and back injuries and had to miss some work. Liability was heavily contested, as neither defendant believed they were the cause of the accident.
SLIP AND FALL
- Our client was on her way to the bathroom in a large department store when she slipped and fell, suffering a strained back and ligament damage in her hand. There was no liquid on the ground, but we were able to find evidence that the store was over waxing its floor.
- Our client was jogging when an elderly couple’s dog lunged at her and bit her upper thigh. She ended up with multiple small scars on her leg where the teeth punctured her leg.
- Our client was battered by a group of unknown assailants in the front of a bar in San Diego at closing time. The bar was obligated by law to have security in front of its bar, but it failed to have such measures in place. It also had a history of not complying with other local laws, which govern tavern owners. Unfortunately, the bar only had $50,000 in insurance.