Negligence

Rear-ender aggravates plaintiff's pre-existing, asymptomatic spine condition. $34K. San Diego County.

Plaintiff treats through Workers' Comp but says accident aggravated a preexisting condition. Plaintiff beats CCP 998.

  • Case Name: Smith v. Drenning
  • Date of Verdict or Judgment: Friday, August 19, 2022
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SUV owners blame tire shop after their tire blows out, causing rollover. Defense verdict. San Bernardino County.

Plaintiffs say the tire shop conducted a safety inspection of the car's tires, but had no proof.

  • Case Name: Juana DeJesus, Diana Urbina, Nicole Adriana DeJesus v. Ford Motor Company, Continental Tire The Americas LLC, International Tire Shop, Doe Repair Shop, and Does 1 Thru 200
  • Date of Verdict or Judgment: Monday, June 06, 2022
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Employee claims negligence against railroad employer after truck catches fire. $1.9M. Fresno County.

FELA – Maintenance worker says railroad negligently maintained and designed work truck.

  • Case Name: Martin v. BNSF Railway Company
  • Date of Verdict or Judgment: Tuesday, May 31, 2022
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Marine injured in left-turn motorcycle crash. $4M. Orange County.

Active-duty marine suffers pelvic injuries, including his testicles.

  • Case Name: Doe v. Iyengar
  • Date of Verdict or Judgment: Thursday, March 24, 2022
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Fog and negligence involved in tractor trailer crash. $5.3M. Kings County.

Two tractor trailers collide as one makes left turn across traffic in foggy conditions.

  • Case Name: Garcia v. Freitas, et al.
  • Date of Verdict or Judgment: Monday, December 20, 2021
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Ten residents claim elder abuse and neglect at nursing home. $13.5M. Alameda County.

Operator of Bay Area nursing home is found liable for multiple injuries and deaths owing to elder abuse and neglect.

  • Case Name: Ledesma, et al. v. Mariner Health Care, Inc., et al.
  • Date of Verdict or Judgment: Thursday, October 14, 2021
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Plaintiff falls and breaks her leg while showering her mother in nursing home. $1.3M. Monterey County.

Staff won't shower patient after she soils herself, so her daughter tries to do it.

  • Case Name: Gheen v. Salinasidence Opco, LLC dba Pacific Coast Post Acute
  • Date of Verdict or Judgment: Thursday, July 15, 2021
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Man dies in crash between two pickup trucks. $5M. Stanislaus County.

Liability is disputed in high-speed head-on crash on two-lane road.

  • Case Name: Rosemary Perkins, individually and as the Successor-in-Interest to The Estate of Paul Perkins, and Maria Consuelo Rosas-Calderon, v. Waterworks Industries, Incorporated, William Anthony Borges, Jr., and DOES 1 to 30, inclusive
  • Date of Verdict or Judgment: Wednesday, May 26, 2021
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Contractor assaulted at commercial property claims brain injury. $1.9M. Orange County.

Contractor is assaulted at commercial property after argument with property manager, claims traumatic brain injury.

  • Case Name: Juan Murillo v. Walsworth Property Management, Inc.
  • Date of Verdict or Judgment: Thursday, March 04, 2021
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Pesticide application at adjacent business sickens plaintiff, results in claimed long-term injuries. $8M. Los Angeles County.

Terminix exterminator sprays poison into wall cavity to kill roaches but the chemical fumes escape into adjoining unit and sicken plaintiff.

  • Case Name: Atlas Ferrera v. Terminix International, Inc. et al.
  • Date of Verdict or Judgment: Tuesday, March 10, 2020
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Partial quadriplegia results when van is rear-ended. $21.5M jury verdict. Madera County.

Farm worker is sitting in back row of passenger van when it is rear-ended while stopped at a railroad crossing. Liability admitted.

  • Case Name: Maclovio v. Brewer
  • Date of Verdict or Judgment: Friday, February 28, 2020
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Apartment tenant/maintenance man is attacked by a regular visitor to the complex. Defense. Los Angeles County.

Plaintiff is attacked, suffers head injury, while he takes out his trash at night. He says management company is partly to blame.

  • Case Name: Guillermo Frayre v. Park Sycamore, LP
  • Date of Verdict or Judgment: Thursday, February 20, 2020
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Passenger in a medical transport van is injured during a collision at intersection. $1.2M. Los Angeles County.

Defendant blames a third party for causing the collision.

 

  • Case Name: Anna Kozlovsky v. Vitaliy Zilbershertyn and New Century Medical Transportation, Inc.
  • Date of Verdict or Judgment: Wednesday, January 22, 2020
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School's lack of defibrillator said to be a cause in death of football player. $8M. Alameda County.

Freshman collapses and dies on field during football practice.

  • Case Name: Pulido v. Alameda Unified School District
  • Date of Verdict or Judgment: Wednesday, January 22, 2020
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Negligence claimed at residential care facility. $5.5M. Los Angeles County.

Untrained staff was assisting resident at residential care facility for the elderly (RCFE).

  • Case Name: M. Sherrill Phillips, by and through her Guardian Ad Litem, Lydia Phillips v. AvantGarde Senior Living, A California Corporation
  • Date of Verdict or Judgment: Wednesday, January 15, 2020
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Young autistic man struck by a car after caretaker loses him. $6.2M. Orange County.

Mentally incompetent man is on an outing to the fair when he walks away from caretaker and is later struck by car.

  • Case Name: Arthur Dotson and Kara Dotson, as conservators of Ian Dotson, conservatee v. Aacres, LLC
  • Date of Verdict or Judgment: Friday, November 15, 2019
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