Significant Litigation

• Defense verdict following a 6 week trial for catastrophic injuries suffered in a construction accident (Lakin v. Gerawan Foods, et al.)
• Defense verdict following a 3 week trial for damages for bad faith breach of contract against insurer (Burnett v. Independent Indemnity)
• Defense verdict following a 6 week trial for damages for carbon monoxide poisoning resulting in brain damage (Bagdanoff v. Gary L. McDonald Constr. Co.)
• Excellent result during trial where railroads settlement with no payment from our client in an action in which plaintiff sought $1.8 million and a separate defendant settled for $432,000 (Killingsworth v. Southern Pacific Railroad, et al.)
• Defense verdict on behalf of apartment owner where plaintiff sought damages following a rape and knife attack (Heil v. Gonzales-Wohchiechowski)
• Guerra v. City of Fresno. Claim of brain damage from use of wheel chair lift elevating wheelchair passenger and her attendant, when the attendant fell, striking her head. This case was settled in a day-long mediation for $95,000.
• Defense verdict on behalf of public entity for claimed dangerous condition of public property when two different individuals suffered injuries on a street intersection condition. (Dalghety, Smith v. City of Fresno)
• Following 3 month trial for wrongful death occurring at a public railroad crossing with a history of previous deaths, where plaintiff's settlement figure was $12M, and argument to the jury was for $17M, the jury awarded $1.4M. (Coots v. Union Pacific and City of Selma)
• Excellent trial result following a 3 month trial for damages of over $5 million for construction defects involving claims of defective concrete in a 5 acre building for carpet manufacturer involving claims of defective concrete with claims of removal/replacement of carpet manufacturing machinery and concrete for the 5 acre plant, lost profits and construction costs amounting to more than $5M. After a 3 month trial jury polled for verdict of $119,000, which resulted in a favorable settlement for the construction company client. (Royalty Carpets v. Webb & Sons, Inc.)
• In a case in which news coverage brought widespread attention, Graham v. Piciotta involved medical wastes deposited on real property in San Jose before the property was sold. Plaintiffs sued the landowner and real estate agents. Representing the landowner depositing the medical wastes, a successful arbitration result was attained defeating Plaintiffs' fear of AIDS, injury due to spent syringes, IV's and related medical wastes discovered on the property.
• Garcia v. Eagle's Lodge involved a defective chair accident with resulting back surgery for the plaintiff, which was successfully defended, the jury awarding a defense verdict.
• Candelaria v. Dandridge involving a towed truck on a flat bed trailer blocking all lanes of traffic on I-5 accident in which numerous collisions occurred. After settling 'tongue-off' claims of a traveling pastor, the Plaintiff proceeded to trial on a surgical back condition involving herniated discs. After approximately 4 weeks of trial, the jury awarded a defense verdict for another successful result.
• Little v. City of Madera involved a slip and fall on a City sidewalk in front of the Madera County Courthouse. The jury determined no liability for the City, and awarded a defense verdict.
• When an armored truck was caused to run up an embankment on a freeway, roll and catch fire, though slightly injured the Brinks' guards were able to maintain control of the money in the secured area of the truck. Following a jury trial, Brinks recovered all sums, plus costs and interest from the party causing the accident in the trial of Brinks, Inc. v. Speake.

Law and Motion / Appellate Practice

• In one of the first cases of its kind Rousey v. City of Madera / County of Madera / Pistoresi Ambulance involved the 911-Emergency response system in Madera. Plaintiff's decedent suffered a heart attack. Plaintiff called 911. Plaintiff claimed there was insufficient response and poor handling of the 911 call. Plaintiff transported his wife from his residence in the country to the Madera Community Hospital where she was pronounced dead. Motions for Summary Judgment were granted and affirmed on appeal. Costs were awarded to the City of Madera.
• Alaniz v. Scottsdale Ins. Co. / Darnell Simpson was defended through Lancer Claims, involved defense of an insurance agent malpractice claim in which no coverage had been placed on a commercial trucking company for their diesel trucks. A collision killed a prison guard whose family sued the agent with an assignment of rights against the agent by the 'insured'. A motion for summary judgment resulted in successfully ending this case after the ruling was affirmed on appeal, and which the Supreme Court denied review (and de-published the decision).
• In the following cases motions for summary judgment were granted for clients extracting the owner or general contractor from the suit: Vella v. Prime Equipment / Tollday Constr. Co. /Save Mart; Laymon V. Mauldin-Dorfmeier and in a separate case, Kemp v. the Remodeling Group, Inc.

Noteworthy Settlements

• Nestle Food Co. v. Newlin Enterprises involved the chemical contamination of $5M in ice cream product in one of three of Nestle's and the world's largest cold storage facility when paint vapors were allowed to be sucked into the super cold storage room, during installation of conveyor equipment. Since Nestle hired a paint contractor who took no precautions when it sprayed the entire room, chemical analysis of the paint used by Newlin was conducted to determine the 'fingerprint' left in the ice cream was not from paint used by Newlin, but the building paint contractor. A successful settlement was reached following a long mediation.
• Cavin v. Ochoa / Penny Newman Grain involved a multi vehicle commercial grain truck - auto collision in which Plaintiff suffered catastrophic injuries. A reasonable settlement was attained following expert accident reconstruction showing Ochoa was not the cause of the accident.
• Northbrook v. Wherehouse / Pacific Sign Co. involved a Modesto shopping center which burned to the ground during a severe rain/wind storm. Plaintiff claimed the San Diego based neon sign contractor and its subcontractors caused the fire by negligent maintenance of neon signs for Wherehouse. The defense contended arsonists caused the fire. Following aggressive discovery, expert evaluation by criminologist, fire cause and origin, electrical and neon sign experts, and a long series of mediations over a number of days, the case was settled for less than jury trial defense costs for Pacific Sign.
• Federal Ins. Co. / Thorn EMI / Vanguard Ins. v. North American Sign / Commercial Sign this case involved the recovery of nearly all the financial losses incurred by Thorn EMI and Vanguard Insurance when a neon sign caught fire, damaging the building with both fire and water from activated fire sprinklers.
• Winterthur v. Loomis involved the use of a propane heater in a commercial building which caught fire, damaging inventory of the Plaintiff's insured, and for which a full recovery was obtained for the client.
• Holiday v. Marlin Mechanical resolved an improperly installed Adry@ fire sprinkler system in a retirement home for minor settlement contributions despite sizeable repair costs following mediation.
• Baxter v. Industrial & Commercial Contractors/ Northridge Equipment Rentals resulted in a reasonable and successful (small) settlement for clients when Plaintiff was backed into by a large extension boom forklift which caused an alleged rotator cuff injury.
• Baker v. Bonnema Brewery involved a Millenium New Years accident in Bonnema Brewery located in San Luis Obisbo County when the Plaintiff broke her back having been flung off a mechanical riding bull (the same one used in the film Urban Cowboy). Following a long mediation, a reasonable and successful (small) settlement was attained.
• Cenkus v. Inguez resolved in settlement successfully when the Church employing the defendant had no insurance, requiring a creative defense with no defense funds to bring this case to conclusion.
• Ortiz v. PG&E / Errotaberre Farms the death of a farm worker when an aluminum irrigation pipe came in contact with high voltage power lines on the Errotaberre farm resulted in a very favorable granted motion for summary judgment in favor of Errotaberre.
• Stevco v. Bethlehem Construction, et al. Plaintiff's large cold storage facility suffered deteriorating pre-stressed concrete beam supports of cooling coils, and deterioration of ammonia cooling coils damaged during construction. Claimed costs of over $15M, were successfully resolved following a long mediation and pre-mediation settlement discussions with minimal contributions for our client.
• Condon v. Franco was settled before any depositions were taken when this mold contamination and real estate sale misrepresentation case presented potential physical impairment by strachybotris mold, and sizeable repair costs to the parties in a home in which previous leaks and property insurance claims had not been disclosed before the sale of the house.
• Boyd v. Kappa Sigma / San Mar Properties Plaintiff, a young African college student was a severe, permanent brain damage victim of a racially motivated hate-crime when a man attending a fraternity party clubbed Plaintiff with construction materials left at the building at a time when it was alleged the building owner/property managers should have known lighting had been disabled in the area. Following a long mediation in Los Angeles, this case was settled for a reasonable sum in a "structured settlement".