Berman & Riedel, LLP - Attorneys at Law
Practicing throughout the state of California - 858-350-8855 - San Diego, CA
Areas of Practice
Tire Defect/Wrongful Death of Professional Athlete - On July 29, 2001, while traveling westbound on Interstate 10 through Indio, California, 21-year-old plaintiff, along with his 18-year-old best friend as passenger, experienced an unexpected catastrophic right-rear tire blow-out which caused the vehicle in which they were traveling to veer off the highway, rolling over numerous times. During the roll-over sequence, both young men were thrown from the vehicle and died. At the time of the incident, the 21-year-old plaintiff was one of the top pitching prospects in all of Major League Baseball. Berman & Walton, LLP, represented the parents of the 21-year-old professional athlete, filing suit against several defendants, including the installer of the tire, the manufacturer of the tire, and the distributors of the tire for the wrongful death of their son due to catastrophic tire failure. In addition to wrongful death damages, Attorney William Berman claimed the parents were entitled to compensatory damages under a Loss of Contribution theory of recovery. In support of this difficult and seldom-advanced claim, Mr. Berman relied upon the testimony of several respected baseball executives, including renowned Oakland Athletics General Manager Billy Beane, to support the contention that the deceased athlete had a substantial likelihood of advancing to, and having a successful career at, the major league level. The case settled after two full days of mediation with defendants agreeing to pay decedent’s parents a total of $6,842,857.10 in resolution of their claims.
Defective Product/Propane Burn Injury – Two employees at a San Marcos manufacturing facility were severely burned during the refueling of a propane-fueled forklift. The mens' employer contracted with a welding company to provide bulk amounts of propane for the forklifts. The welding company in turn subcontracted with a propane company to put a large bulk propane storage tank on the manufacturer’s property. The propane company placed the bulk-storage tank in a clearly unsafe location, in a poorly ventilated area far too close to several potential sources of ignition, including a water heater with an open flame. The propane company also failed to provide the company with the proper shutoff valve at the end of the filler hose. The valve failed to contain any mechanism to safely bleed or vent the remnant gas that normally is stuck between the small cylinder and the closed filler hose. During the routine re-fueling of a forklift, two of the manufacturer’s employees were injured when large amounts of propane were released, forming a cloud of the flammable gases around the area. The two men tried desparately to turn off the main valve at the base of the storage tank, but propane gas continued to leak from the smaller portable tank. Seconds later the propane ignited. There was a large flash fire, and both men were seriously burned. They were transferred via helicopter from the scene to the UCSD Medical Center Burn Unit where they remained hospitalized for several weeks. After intensive discovery uncovered multiple acts of negligence on the part of the defendants, the firm was able to obtain a $2,500,000.00 settlement on behalf of the two employees.
Auto vs. Pedestrian Accident/Wrongful Death [Trial Verdict] - Berman & Riedel, LLP, was retained to represent the parents of a 22- year-old Japanese foreign exchange student who, while living in San Diego California so she could attend Palomar College, was struck by a vehicle and killed. Immediately following the accident, the defendant driver, also a student attending classes at Palomar College, gave a statement to the investigating authorities claiming that she struck the pedes- trian in the street. Based upon this statement and lack of much physical evidence at the accident scene, the investigating authorities determined that the accident occurred in the street, and was caused as a result of the pedestrian walking in the street. In undertaking representation of the parents of the decedent, the attorneys at Berman & Riedel, LLP, retained experts who found witnesses and physical evidence that demonstrated that the decedent was walking on the sidewalk, and not in the street, when she was struck and killed. The case proceeded to trial with disputed liability, the defendant maintaining through trial that the decedent was walking in the public street when the accident occurred. Through the use of scientific forensic evidence, including expert accident reconstruction testimony based upon physical evidence found at the scene, firm Managing Partner William M. Berman was able to convince the trier of fact that the decedent was struck on the sidewalk, and not in the street. In finding that the impact occurred on the sidewalk, defendant was determined to be fully responsible for causing the accident and death of plaintiffs’ daughter, and verdict was rendered in plaintiffs’ favor in the sum total amount of $1,547,445.25.
Elder Abuse/Neglect - A 74-year-old resident of an Oxnard, California residential care facility for the elderly choked on her own vomit and died after staff at the facility intentionally tied her emergency call cord out of her reach. The cord was tied up after staff became annoyed at the woman’s repeated calls for help because of persistent vomiting. Later in the evening, the woman became sick again but was unable to call for help because she could not reach the call button. When she attempted to get out of bed to seek help, she fell to the floor and proceeded to choke on her own vomit. She was found on the floor over four hours later by oncoming staff. The firm was able to settle this hard-fought case on the eve of trial - without provisions of confidentiality - for $2,200,000.00. The settlement was later lauded by the press as the largest settlement ever reported in the State of California against a residential care facility.
Medical Malpractice/Permanent Blindness and Brain Damage - Plaintiff, a 56-year-old airline industry engineer, was diagnosed with a pituitary tumor. His doctor recommended surgery, informing plaintiff that he would be back to work within one month of the surgery. Although the modern standard of care called for defendant surgeon to remove the tumor through a transphenoidal approach, the defendant surgeon chose to perform a craniotomy, a methodology over 30 years outdated, inappropriate under the circumstances, and unreasonably dangerous. As a result of the inappropriate and incompetently performed procedure, plaintiff suffered permanent total blindness and debilitating brain damage. Despite mounting an aggressive defense, the insurance carrier for the negligent surgeon agreed to pay plaintiff $2,000,000.00 in present value settlement. The amount recovered was further structured to ensure that plaintiff was guaranteed to receive top quality medical care for the remainder of his life, regardless of how long he lives.
Elder Neglect/Abuse/Wrongful Deaths - The families of two patients who were admitted into a Southern California based Long Term Acute Care Facility (LTAC) and died shortly after their admissions due to a lack of receiving appropriate care joined forces to simultaneously file suit against the hospital facility, physicians and control persons responsible for their loved ones' medical care. In one instance, the patient went into cardiac arrest in the early morning hours and the facility, which failed to have anyone on duty who was trained to administer CPR or Advanced Life Support, amazingly had to call 911 to summons an ambulance to run a "code." Unfortunately, the ambulance took 20 minutes to arrive after the patient went into cardiac arrest, and the patient died. In the second instance, the patient suffered a severe internal infection when an indwelling catheter that was required to be changed every 48 hours went unchanged and unmonitored for over 10 full days. During this time, the patient became septic, and died as a result. Unbeknownst to the families, the facility had been the subject of an ongoing investigation by the California Department of Health Services (DHS) for several reasons, including issues of understaffing and failure to provide competent care. Soon after these incidents, the facility was permanently shut down. Following almost two years of extensive litigation against the facility, physicians and control persons responsible for the patients' medical care, Berman & Riedel, LLP, was able to obtain settlement on behalf of decedents' surviving family members for a sum total of $1,125,000.00.
Professional Negligence / Medical Malpractice- The firm represented the interests of an 18-year-old woman and her parents after negligent medical treatment left the 18-year-old in intensive care for several weeks and caused a loss of use of her left lung. Shortly after her admission to the hospital for the removal of a benign brain tumor, her parents noticed that food was backing out of her feeding tube, and that she was having difficulty breathing. Suspecting problems with the feeding tube, her parents pleaded with several doctors and staff to remove the tube, but the doctors and staff refused. The next evening, the treating physicians finally recognized that the feeding tube had been improperly inserted into the woman’s left lung rather than her stomach. By that time, however, her left lung had been severely damaged. Over the next four months the woman remained in critical condition in the ICU, where she underwent several surgeries to repair her damaged left lung. During this time, her family was called to the hospital on numerous occasions due to concerns that the woman might die. Ultimately, she was stabilized and was released from the hospital. Although she will require the assistance of oxygen for the remainder of her life, she has resumed her life, recently returning to college in hope of obtaining a medical degree. During litigation against the facility and treating physicians, the firm was able to obtain settlement on behalf of the woman and her parents for $1,500,000.00.
Elder Neglect/Wrongful Death - An 85-year-old woman passed away due to complications following an attempted below the knee amputation surgery that was necessitated because she had developed severe bilateral heel wounds (pressure ulcers/bed sores) while admitted as a patient in a Southern California based skilled nursing facility where she had been sent to receive short term rehabilitation therapies following hip surgery. Due to an alleged lack of care on the part of her medical care providers as well as inaction by her health management organization, she had developed bilateral heel wounds which progressed to become extreme necrotic Stage IV wounds, the left heel becoming severely infected. After becoming septic, a below the knee amputation of her left leg was performed in attempt to save her life. Unfortunately, she suffered complications and died. Following almost two years of extensive litigation against defendants responsible for the patient's medical care, Berman & Riedel, LLP, was able to obtain collective settlement on behalf of decedent's surviving family for just over $1,700,000.00.
Elder Neglect/Wrongful Death – An 88-year-old long term custodial resident of a San Diego based Skilled Nursing Facility (“SNF”) suffered serious internal bleeding over a period of 26 days when nursing staff failed to monitor her medication levels as had been specifically ordered by her physician. Despite the fact that the patient showed obvious signs of decline over the entire 26 day period, the facility failed to contact her physician and report her change in condition. The patient continued to decline, and, eventually, the patient suffered a massive brain hemorrhage and died. The facility received a Class “A” Citation. After well over a year of extensive litigation against the Skilled Nursing Facility and its Management Company, Berman & Riedel, LLP, was able to settle the case at mediation for $1,5000,000.00. The attending physician involved paid additional monies in confidential settlement for her direct failure to recognize that the medication orders were improperly noted and that SNF nursing staff were not monitoring the patient’s medication levels. Settlement of the claim was enhanced due to the serious potential for award of punitive damages.
Dependent Adult/Wrongful Death – After enduring several months of physical abuse while a resident of Lanterman Developmental Center, a state-run facility located in Southern California, Mark O., a 31-year-old developmentally disabled adult male, was killed by a significant blow to the abdomen. An examination of the body determined that the fatal blow was likely intentional. During discovery, several witnesses testified that although there were repeated claims of abuse made to the facility administration and director, they failed to take measures to protect the resident from the abuse and consistently left him vulnerable to attack from fellow residents. While it could not be determined whether the perpetrator of the final, fatal blow was another developmentally disabled resident or one of the caretaker employees, the facility paid $950,000 to his family to settle a lawsuit filed by the firm.
Elder Abuse/Neglect - Three months after being placed into a board and care facility, a 92-year-old man was rushed to a hospital where he was noted as suffering from malnutrition, dehydration, and severe muscle wasting. He also was noted as having live insect activity in his eyes and mouth. He died less than a week later. Angered by the lack of care provided, his family retained the firm to file legal action against the facility and the placement agency for their failures to oversee the proper care of their loved one. Early during litigation, settlement was reached with the defendant facility for over $1,000,000.00.
Slip & Fall Incident/Hip Surgery - A 54-year-old woman went to a hair-school in North County San Diego intending to get a color and cut. During her beauty appointment, she suffered severe injury after falling upon a wet area on the flooring. Specifically, after receiving a rinse by a student hairstylist, the client slipped on a clear gel-like substance that had been left on the floor while returning to her chair. In the fall incident, she broke her hip, and had to undergo reparative surgery. During the litigation, defense counsel for the school argued that the client fell when she mis-stepped trying to get back into her chair, and not as a result of any slippery or wet substance that has been left on the floor. Notwithstanding the contentious dispute as to how the fall incident actually occurred, Berman & Riedel, LLP, was able to settle the case for the client at mediation with the defense agreeing to pay the client $400,000.00 in cash settlement.
Elder Neglect/Wrongful Death - An 88-year-old woman was transferred to a San Marcos, California, Skilled Nursing Facility (SNF) to recuperate after successful surgery to repair a fractured hip. Upon her admittance, it was noted that she "possessed good restorative potential" and that she was specifically being admitted for short-term rehabilitative therapy so she could regain her strength and return home to live with her husband. As requested by her admitting physician, the facility's nurses were required to continuously monitor a hematoma on the patient's right groin area for signs of infection. However, the SNF never developed a specific plan on how its staff should monitor the patient's hematoma, failed to monitor the presence or absence of a femoral or pedal pulse, failed to assess the color and temperature of her right leg, and failed to monitor the presence of edema. Less than three weeks after entering the SNF, the patient developed a complete loss of circulatory function in the affected leg, which went unobserved for several days, and died shortly following emergency surgery. After six months of extensive litigation against the Skilled Nursing Facility, Berman & Riedel, LLP, was able to settle the case at mediation for $700,000.00.
Auto Accident/Personal Injury - Berman & Riedel, LLP, represented a young man who suffered permanent physical injury when the car he was situated as a restrained passenger flipped and rolled-over after the driver, who was intoxicated and a minor, tried to out-run the police. The boys had been at a "room party" at a Palm Beach, Florida, hotel, where alcohol was knowingly allowed to be served to a large group of minors. The accident happened when several of the minors, including the client, left the hotel with the intent to purchase more alcohol. The client did not know the driver was intoxicated as the driver had just arrived to the party after finishing his late evening work shift. In the roll-over sequence, the client broke his hand in several places and severed multiple fingers, causing extensive tendon and nerve damage and a permanent decreased range of motion. The accident happened in Palm Beach, Florida, and after resolving portion of the case, Berman & Riedel, LLP, brought in the assistance of prominent local Florida firm to help in filing suit and resolving the remaining portions of the case. Eventually, the case settled with several different defendants, including the hotel operator, paying the injured client a sum total of $730,000.00 in settlement.
Slip & Fall Incident/Back Surgery - A 41-year-old woman went to San Diego, California, day spa, where she suffered injuries to her back after falling upon a wet common area flooring. After using the facility's whirlpool, the woman walked into an adjacent restroom which was wet, and the tile flooring was uncovered. During the litigation, the facility's staff admitted that they had failed to place mats on the tile floor which it normally used to prevent falls on the slick surface, nor had they mopped, cleaned or recently checked the bathroom flooring. In falling, the woman suffered severe back injuries, which required fusion surgery. Although she made a very good recovery, the injuries she sustained severely impacted her life and ability to continue as a nursing student. Through mediation conducted during litigation, Berman & Riedel, LLP, settled the case with the defendant spa paying $550,000.00.
Elder Neglect/Wrongful Death - A 78-year-old woman was admitted as a patient to a Southern California based Skilled Nursing Facility for short-term rehabilitative therapy, with a good prognosis to return home to live independently. Upon her admission, facility administrators and nursing staff were made aware that the patient required close management of her nutrition, monitoring of her blood sugar levels, administration of her diabetes medications, and monitoring for prevention of skin breakdown. Nevertheless, while under the direct care of defendant's staff, and in a period of less than six weeks, the patient became extremely dehydrated, malnourished, and was deprived of her pain medications as well as of her necessary insulin, all which resulted in the development of skin breakdown and painful decubitus ulcers (bed sores), a severe urinary tract infection, and she ultimately a fatal heart attack. Through mediation conducted early during the litigation, Berman & Riedel, LLP, was able to obtain settlement for the decedent's surviving children in the amount of $600,000.00.
Automobile Accident/Foot Fracture - A couple was involved in a high-impact automobile accident while traveling down Interstate-5 in Los Angeles, on their way to a mid-day holiday luncheon. When traffic ahead of stopped, the husband applied his brakes and brought his vehicle to a stop. The defendant driver, who was traveling in the adjacent lane of southbound Interstate-5 in a Peterbuilt truck owned by his employer, made an unsafe lane change and failed to notice traffic stopped in front of him until it was too late. Although the defendant attempted to apply his brakes, he was traveling way too fast his vehicle spun out of control, striking the rear of the Toyota behind the plaintiffs' vehicle, which caused the Toyota to thrust forward and strike the plaintiffs' vehicle. In addition to the couple both sustaining minor back sprains/strains, the wife suffered a non-displaced fracture in her right foot (of her first metatarsal/big toe), which required casting and extensive rehabilitation therapy. The clients' total medical specials were $23,000.00. After extensive litigation, and just before trial was ready to start, Berman & Riedel, LLP, was able to obtain a $180,000.00 settlement on behalf of their clients.
Personal Injury/Slip-and-Fall – Berman & Riedel, LLP, represented a 64-year-old woman who suffered a fall in the parking lot of a San Diego Mall after she tripped over a displaced concrete parking stop and suffered injury. It was believed that the parking stop had been displaced for a while, as a post-fall inspection conducted throughout the entire parking lot revealed numerous other detached and displaced parking stops. As a result of the subject fall incident, the client sustained multiple injuries, including severe bruising to her right arm and a severely fractured right wrist. The client had to undergo reparative surgery. Although the client was retired from employment, the injuries she sustained in the fall incident affected her ability to take care of her developmentally disabled brother. Despite incurring only $29,400.00 in total medical expenses, Berman & Riedel, LLP, was able to settle the case for the client at mediation for $247,500.00.
Elder Neglect/Wrongful Death – An 80-year-old woman was admitted as a patient to a Riverside County operated Skilled Nursing Facility to receive short-term rehabilitative therapy. Upon her admission, facility administrators and nursing staff were made aware that the patient was on Coumadin, a blood thinning medication that is used to prevent the formation of blood clots. In its use, it is important to note that a known side effect of the anti-clotting medication is that it prevents internal traumatic injuries from healing. Despite such knowledge, and while undergoing physical therapy at defendant’s SNF, the patient fell while in the hands of the therapist and banged her head hard. The physical therapist reported the incident to nursing staff, but the nursing staff failed to report the incident to the patient’s primary care physician or hold-off the anti-clotting medication. The next morning, approximately 18 hours after the incident, the patient was found unresponsive in her bed. In being transferred to the hospital, it was learned that the patient had suffered a massive internal brain bleed, which went uncontrolled due in part to continued administration of the anti-clotting medication. The patient died. Through formal claim process with the County but very early during litigation, Berman & Riedel, LLP, was able to obtain settlement for the decedent’s surviving children in the amount of $750,000.00. Despite a “AA” Citation having been issued against the facility, the settlement was limited as the County was immune from punitive damage exposure.
Automobile vs. Pedestrian Accident –The firm represented the interests of a 66-year-old man who was struck by a car as he was crossing his street to retrieve mail from his community mailbox. The car that struck him was being operated by a neighbor, who was blinded by the morning sun and could not see the victim. The victim sustained a skull fracture and shoulder injury. Shortly after filing a lawsuit, the firm’s demand for the driver’s insurance policy limits was paid in the amount of $100,000.00. The firm was able to obtain significant reduction of the hospital bills, leaving a much greater recovery for the injured victim.
Elder Abuse/Wrongful Death – An 84-year-old patient of a San Diego County skilled nursing facility died after suffering severe neglect. Upon his admission to defendant’s skilled nursing facility and at numerous times thereafter, decedent’s needs for skilled nursing care were made known to defendant’s administration and staff. These needs included specific orders regarding injection medication that decedent was required to receive. Shortly following his admission, the patient was noted as having multiple large dark purple bruises over the entire left side of his body. This was being caused by an improper injection of his medications. Despite recognizing the condition, facility administration and staff failed to notify decedent’s physician or family of the condition and exacerbated the injuries by continuing to improperly inject decedent’s medications. As a result, decedent suffered prolonged internal bleeding and ultimately died. Despite the fact that the facility strongly contested the allegations of abuse and neglect and the fact that decedent died as a result of the internal bleeding, the firm was able to obtain a $350,000.00 cash settlement from the facility.
Worksite Injury/Wrongful Death - A 40-year-old husband and father of three was electrocuted while working in a welding shop. His family retained the firm, which brought suit against against the electrical contractors who had performed extensive electrical work in the welding shop building shortly before the electrocution death. After two years of hard fought litigation where defendants argued that decedent died through his own misactions, the firm was able to recover $825,000.00 for the family.
Auto vs. Truck Accident/Wrongful Death - A 40-year-old husband and father of four was killed while traveling as a passenger in a vehicle involved in a high-impact collision with a big-rig truck. Although the investigating CHP officers issued a report concluding that the accident was caused as the sole result of the reckless conduct of the driver of the vehicle decedent was traveling in at the time of the accident, the firm was able to demonstrate that the accident was caused, in part, due to the inattentiveness of the driver of the big-rig truck who, without signaling, made an abrupt lane change in the direct path of the vehicle in which decedent was traveling. After several months of key eyewitness depositions, the firm was able to settle the case for the family in the amount of $735,000.00.
Nursing Home Abuse/Neglect - An 87-year-old resident of a skilled nursing facility died after the nursing home failed to administer her life-sustaining medication over a period of 26 days. The woman’s primary care physician, who the firm argued failed to adequately monitor the health of her patient, participated in the settlement. The case settled for the sum amount of $910,000.00.
Premises Liability/Trip and Fall - A 35-year-old woman sustained a neurological disorder causing persistent pain and numbness in her back, shoulders, and arms after she tripped over a dangerous, unmarked storm drain in a community college parking lot. Although the school contested liability throughout the litigation, it ultimately paid $593,750.00 to settle the case one month before trial.
Nursing Home Abuse/Neglect - Wrongful death of an 87-year-old skilled nursing facility resident/patient who died after the facility’s nursing staff failed to plan care for the patient’s well-documented “high risk” status for falls. Despite notice of previous falls provided by family members, as well as the facility’s own assessment that the patient was at “high risk” for falls, the Southern California facility failed to initiate any fall prevention protocol. Six days after being admitted, the patient fell while unassisted. As a result of the fall, the resident sustained a severe head injury. Despite being transferred to the hospital, he died later that morning. The case settled early in litigation for a total of $475,000.00.
Elder Abuse/Neglect - A 94-year-old man fell while residing in a residential care facility. He sustained a severely broken hip and shoulder, and died before doctors could operate. Through its investigation, the firm was able to demonstrate that the man fell late at night as a result of over-medication by staff at the residential care facility who wished to keep him quiet, and thus “trouble-free.” In the face of this harmful evidence, early during litigation the insurance provider for the facility agreed to settlement with the surviving family members in the amount of $700,000.00.
Nursing Home Abuse/Neglect - An 83-year-old resident of a skilled nursing facility died as a result of severe urospesis, which was contracted after the defendant facility failed to properly care for and cleanse her indwelling catheter. The facility ultimately settled with decedent’s six surviving children for $600,000.00.
Work Site Injury - A retired 72-year-old man sustained a spiral fracture to his leg after a heavy piece of equipment fell from a forklift, pinning him underneath. At the time of the incident, he was in the process of helping a friend move equipment and other machinery out of his warehouse into a storage bin. During litigation, the firm argued that the operator of the forklift, who worked for an independent company, bore full responsibility for failing to properly secure the load to the forklift. After extensive pre-trial discovery, the firm was able to achieve settlement on behalf of its client in the amount of $125,000.00.
Nursing Home Abuse/Neglect – An 82-year-old resident of defendant’s residential care facility suffered a fractured femur after she was dropped by an untrained, inexperienced, unsupervised employee during what should have been a routine transfer from the toilet to her wheelchair. After surgery to repair the fracture, plaintiff was transferred to defendant’s rehabilitation facility for physical therapy. While a patient at the rehabilitation facility, she then developed severe pressure ulcers in addition to infections, substantial weight loss, and high fevers. The pressure ulcers got progressively worse, and forced plaintiff to undergo several surgeries in attempts to heal them. Plaintiff sued the defendant care providers who agreed to settle the matter in the early stages of litigation in the amount of $275,000.00.
Nursing Home/Wrongful Death – Attorneys of the firm represented the claims of a 90-year-old patient who suffered excruciating pain as the result of the formation of several pressure ulcers, one of which was so large it exposed her tailbone. She died a short time later. Despite defendant’s claims that the care it rendered to plaintiff was well within acceptable nursing standards, that there was nothing it could have done differently to prevent the formation of the decubitus ulcers, and that plaintiff’s death was unrelated to its conduct, the defendant facility paid plaintiff’s surviving family $300,000.00 in settlement of the case.
Automobile vs. Bicycle Accident – A 22-year-old SDSU student riding his bicycle in the college area was injured when the 80-year-old defendant made an unsafe right-hand turn across the designated bike lane in which plaintiff was traveling. Although he immediately slammed on his brakes, plaintiff was unable to stop his bicycle from colliding with defendant’s vehicle. Upon impact plaintiff was thrown to the roadway, suffering a separation to his left shoulder and injury to his left knee. Both injuries required arthroscopic “clean-out” surgery and subsequent physical therapy, with medical bills totaling approximately $22,000.00. Despite the fact that defendant and her insurance company denied liability, attorneys from the firm were able to elicit deposition testimony from defendant’s accident reconstruction expert in which he reluctantly admitted that defendant was at fault for causing the accident. Shortly thereafter, defendant’s insurance company paid plaintiff $150,000.00 in settlement of the case.
Nursing Home Abuse/Neglect – The son of 93-year-old plaintiff contracted with a geriatric in-home care company for his mother to receive assistance with her daily needs in the comfort of her own home. The contract called for the company to provide the services of a specially trained and skilled in-home care provider. On the fourth day of service, defendant sent an untrained, unskilled employee to assist plaintiff. During an attempted transfer, the employee left plaintiff, who was unstable and a known fall risk, standing unattended. Plaintiff fell and sustained a broken hip, subsequently requiring surgery then rehabilitation at a skilled nursing facility. The firm attorneys brought suit on behalf of plaintiff, alleging not only negligence but also that the conduct of defendant in promising, yet failing, to provide a specially trained and skilled in-home care provider was reckless and fraudulent under California’s Elder Abuse Act. After prevailing on an important motion early during litigation which shaped the case as one for Elder Abuse, defendant agreed to settle plaintiff’s claims in the amount of $365,000.00.
Nursing Home Abuse/Neglect - A 78-year-old resident of a skilled nursing facility died after losing 25 pounds over a period of seven days while at the facility. Although the facility contended the weight loss resulted from medical complications, and not as the result of a lack of care rendered by its facility, it agreed to settle the case with the decedent’s children in the amount of $375,000.00 before a lawsuit was filed.
Products Liability/Burn Injury - A 36-year-old man suffered third-degree burns to portions of his right and left arms after a chemical explosion in a San Diego commercial building. The explosion occurred when vapors ignited while the man was removing a new flooring epoxy he had recently applied, but which had failed to harden. The firm was able to establish that the manufacturer of the epoxy mislabeled the epoxy containers. Due to this mislabeling, the epoxy contained no catalyst, and would not harden. This created a dangerous condition which led to the explosion. Through litigation, the firm was able to secure a settlement for plaintiff and his wife in the amount of $225,000.00.
Work Site Injury - A 21-year-old day laborer sustained a crushing injury to several fingers of his dominant hand after it became caught between the chute of a cement truck and a wall. The firm brought suit claiming that the operator of the cement truck unlocked the heavy chute without notice and without having been given the proper signal. The firm was able to obtain settlement for the plaintiff in the amount of $420,000.00.
Premises Liability/Trip and Fall - A 33-year-old woman working as a temporary paralegal for a La Jolla law firm was injured when she slipped on a pile of discarded pistachio nut shells in the stairwell, which she had entered to travel between floors of the law firm. Plaintiff fell down the entire flight of stairs, suffering severe injuries which required surgery on her shoulder, knee and wrists, as well as extensive physical therapy. Despite testimony from a maintenance company employee that the building’s stairwells were inspected several times per day, several employees who worked in the building testified that the pistachio shells were allowed to remain in the stairwell for at least a week prior to the fall. The defendant building owner and maintenance companies paid plaintiff $410,000.00.
Products Liability/Premises Liability - A 24-year-old businessman from outside San Diego was staying at a hotel during a local convention. He suffered third-degree chemical burns to his legs and groin area minutes after entering the hotel’s spa, causing him pain and severe discomfort for several weeks. Because there was nothing the doctors could do other than prescribe a topical lotion, total medical bills in the case were less than $225.00. Through litigation, the firm was able to demonstrate that the spa had been poorly maintained by the hotel and its maintenance company. The case resolved shortly before trial with a settlement of $45,000.00.
Breach of Security [Arbitration Award] - A 25-year-old man who was a guest at a San Diego hotel witnessed an altercation between two unknown individuals. When he verbally tried to break up the altercation, one of the individuals turned and attacked the man. Despite numerous pleas for help from the man to a nearby hotel security officer, the security officer stated that he would not assist the plaintiff because the assailant was of the same race as the security officer. As a result of the attack, plaintiff sustained severe abrasions to his face. At arbitration, the firm was able to prove that both the assailant and defendant security company were liable for plaintiff’s injuries, and the arbitrator awarded plaintiff $145,000.00.
Products Liability/Premises Liability - A 94-year-old shopper sustained severe injuries in a San Diego department store when she fell while using an escalator. the firm learned the city had recently issued a “red-tag” on the escalator, and had ordered that the escalator be removed from service. In addition, it was learned that three weeks prior to the incident, the city cited the department store for nine safety violations related to the escalator. Despite this history, the department store and its elevator service company failed to correct the problems and knowingly placed the defective escalator back into service. The case was settled at a mediation for $275,000.00.
False Imprisonment/Wrongful Detention - A 25-year-old African American man was detained by several security officers outside of a San Diego department store and accused of stealing a shirt. The man repeatedly told the department security personnel that he had a receipt for the shirt in his pocket, which he had purchased at the same department store a day earlier. The security personnel ignored the man’s statement, and detained him for almost an hour before finally verifying he indeed had a valid receipt with him and did not steal the shirt. With the assistance of the firm, the case was settled for just over $60,000.00 before a lawsuit was filed.
Disclaimer: Case results as reported above were derived based upon facts and circumstances specific to each separately reported case and publication of such case results is for informational purposes only and by no means is intended to constitute any representation or guarantee of a similar result for your prospective case.
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