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Gerald Lee Marcus
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Pro

Gerald Marcus’s Legal Cases

14 total


  • 2008 Premises Liability

    Practice Area:
    Personal Injury
    Outcome:
    $275,000 Settlement
    Description:
    Raquel P. was an 80 year old woman who was shopping at a local outdoor shopping mall in Los Angeles. She arrived at the mall with her husband. She was dropped off in a covered parking garage at ground level. She used the “up” escalator to shop at a drug store on the upper level. After shopping, she returned to the top of the escalator bank and discovered that the “down” escalator was not operating. Ms. P. the began walking down the “out of service” “down” escalator and essentially using it as a staircase. She was holding onto the sidebar rail. When she reached approximately 2/3 of the way down, she became disoriented, overstepped, missed a step, and fell, which ultimately resulted in her fracturing one of her knees. This required surgeries and hospitalizations. Ms. P. presented a claim against the property owners and management company based on their negligence in creating a dangerous condition, in allowing it to exist, and in failing to warn of it, or otherwise block off the “out of service” “down” escalator. The property owners and management company denied Ms. P.’s claim and refused to compensate her for her medical bills and for her pain and suffering. Raquel P. hired the Law Offices of Gerald L. Marcus. We aggressively investigated her accident claim and discovered that the escalator was defective and that the property owners and management company knew that it was defective. Specifically, this was an outdoor uncovered escalator bank. Whenever it rained, the “down” escalator would shut off, creating an “out of service,” or “out of operation,” situation. There had been at least 12 service/maintenance calls due to the subject “down” escalator shutting down as a result of rain water getting into the mechanics of the escalator within a 45 day period prior to the date of Ms. P.’s accident. It had been recommended by the escalator manufacturing and maintenance company, as well as the industry standard for the property owners and management company, to “take the out of service escalator” out of service by barricading it off, blocking it off, placing caution cones, warning signs, or caution tape, so as to prevent foreseeable patrons from using the “out of service” “down” escalator as a fixed staircase. Upon presentation of the claim through the Law Offices of Gerald L. Marcus, the property owners and management company and escalator manufacturing and maintenance company continued to deny the claim. We retained the services of the leading authority expert in escalator manufacturing, design, maintenance, safety, and accident prevention. We conducted extensive litigation and discovery which included multiple depositions and other forms of written discovery. Ultimately, it was determined that the Defendants were, in fact, negligent in creating an unreasonably dangerous condition in allowing it to exist and in failing to warn foreseeable patrons of the condition by instructing them not to use the out of service escalator as a fixed staircase, as an escalator is not a staircase, and does not comply with building and safety codes or standards, and is of different dimensions and size. As such, we succeeded in convincing the Defendants to attend a private mediation. Ultimately, we successfully negotiated a settlement of Raquel P.’s injury claim for $275,000.00.
  • 2008 – Automobile vs. Pedestrian Accident

    Practice Area:
    Personal Injury
    Outcome:
    $200,000 Settlement
    Description:
    Albert D. was working as a property management company superintendent at a local outdoor strip/shopping mall. On the day of his accident, he was accessing an underground utility vault located in the outdoor parking lot. He was kneeling down to take the vault cover off when a motorist pulled into the driveway for the parking lot and failed to observe Albert D. approximately 60 feet ahead of her and directly in front of her, kneeling over. Independent witnesses confirmed that the driver never slowed down, swerved, or take any action so as to evidence that she may have been looking in front of her so as to avoid striking Albert D. as a pedestrian. That is when the motorist, without hesitation, attempted to turn and maneuver her vehicle into a parking space, while striking Mr. D., knocking him down, dragging him, and pinning him underneath her car. Albert D. presented a claim for his medical bills and injuries to the driver’s insurance company. The driver’s insurance company disputed his claim and denied payment. Albert D. hired the Law Offices of Gerald L. Marcus. We presented a comprehensive and extensive detailed and thorough demand for settlement letter and package of materials to the driver’s automobile liability insurance carrier. We conducted extensive field investigations to include scene photographs, interviews of witnesses, analysis of the reporting police officer’s report, diagrams of the scene, measurements, and presentation of all of the medical records, reports, and bills for services rendered. Albert D. suffered multiple contusions, abrasions, road rash, and a knee injury which required arthroscopic knee surgery. The driver’s insurance company continued to dispute and/or deny liability and the driver of the vehicle refused to take responsibility. We filed and served a Superior Court lawsuit and aggressively litigated the case accordingly. After taking several depositions and retaining an accident reconstruction expert as well as a biomechanical factor expert engineer and a human factors expert, we convinced the driver’s insurance company to attend a private mediation. We successfully negotiated a settlement of Albert D.’s bodily injury claim, for approximately $200,000.00.
  • 2007 - Premises Liability

    Practice Area:
    Personal Injury
    Outcome:
    $300,000 Settlement
    Description:
    Maria P. was an 84 year old woman who was shopping at a local market with her daughter. She was pushing a shopping cart through the check out stand and ultimately pushed it through the front doors intending on going to her car which was parked in the parking lot immediately outside of the market. After she pushed the cart outside, one of the wheels got stuck in a large hole or defect, on the walkway, immediately outside of the store. Maria P. attempted to prevent her shopping cart filled with items that she just purchased from tipping over. She was unable to do so and while she was struggling with the cart, and in the process of it tipping over, she fell and fractured her hip. Maria P. presented a claim against the insurance company for the market and they denied her claim and refused to take any responsibility whatsoever for the dangerous condition which they knew existed immediately out in front of their property on the walkway. Ms. P. hired the Law Offices of Gerald L. Marcus. We investigated the claim thoroughly by having our investigators go to the scene, measure the defects, photograph the dangerous condition, inspect the shopping carts, diagram the scene, and interview independent witnesses as well as store employee witnesses. We presented a comprehensive and extensive as well as detailed and thorough demand for settlement letter and package of materials on behalf of Maria P. which included all of her surgery records. Initially, the insurance company for the local market refused to take responsibility and denied the claim. We were forced to file a Superior Court lawsuit and aggressively litigated the case accordingly. After extensive discovery, we convinced the defense attorneys for the insurance company for the local market to attend a private mediation. We successfully negotiated a settlement of Maria P.’s premises liability bodily injury claim for damages for approximately $300,000.00. 2006 – Premises/Product Liability – Settled for $300,000.00 Robert G. was a 46 year old warehouse supervisor who was inspecting a bi-parting 2000 pound wrought iron gate, which secured the property where he worked. Upon discovering the gate was off its track, a gust of wind blew the gate over onto his body, crushing him and causing multiple fractured bones. Robert underwent several operations and missed approximately six months of work due to the severity of his injuries. Our firm pursued a case on behalf of Robert against the property owners, the general contractors, and the fence/gate contractor responsible for the condition of the gate. This case involved: premises liability, general negligence, professional negligence, and product liability. Our investigation revealed that the primary defendant was uninsured. After several years of extensive litigation, discovery, depositions, and expert analysis, we successfully settled Robert’s case against multiple defendants based on apportionments of liability for approximately $300,000.
  • 2006 – Premises Liability

    Practice Area:
    Personal Injury
    Outcome:
    $285,000 Settlement
    Description:
    Jon H. was a 30 year old successful pharmaceutical/medical device industry sales representative, who decided to take a year off from work to pursue a lifelong dream to become a rock star. Jon was a very talented lead guitar player; he formed a band, recorded a CD, and began touring at a series of small clubs across the country. While performing at a well-known club in Santa Monica, CA, the stage collapsed and Jon fell through, causing him to fracture his wrist and undergo surgery. This injury also ended his dream of becoming a musician. The club’s insurance company denied Jon’s claim for damages. More specifically, the insurance company denied all liability, negligence or responsibility, arguing that Jon should not jump up and down while playing his guitar. We took Jon’s case against the club, and aggressively litigated the case. After extensive discovery and multiple depositions, we successfully settled the case at private mediation for $285,000.
  • 2005 – Dog Attack

    Practice Area:
    Personal Injury
    Outcome:
    $100,000 Settlement
    Description:
    Sandy W. was a guest at someone’s house for a party. When the party came to a close, she and the resident property owner walked out the back door where Sandy was immediately attacked by a vicious dog, which bit a chunk of flesh out of her leg. The homeowner’s insurance company denied the claim, saying that Sandy did not have permission to be in the homeowner’s back yard. Through thorough and aggressive litigation, we were able to prove that Sandy did indeed have permission, and were able to obtain a policy limit $100,000.00 settlement for her case.
  • 2007 – Dog Attack

    Practice Area:
    Personal Injury
    Outcome:
    $195,000.00 Settlement
    Description:
    Kristal K. (a minor) was a guest at a relative’s home for a week, and was getting into bed for the night when the family’s dog approached her. Kristal pat the dog on the head goodnight, when it decided to attack her by viciously biting her hand enough to cause nerve damage. Kristal received surgery on the affected hand to try and repair the nerve damage, and the homeowner’s insurance company then offered a total of $12,500 to settle the claim. We denied the low offer, litigated the case, and obtained a $195,000.00 settlement.
  • 2006 – Automobile Accident

    Practice Area:
    Personal Injury
    Outcome:
    $85,000 Settlement
    Description:
    Roberto R. was involved in a rear end collision with another party, and received medical treatment for back injuries sustained in the accident. The at-fault party’s insurance company did not believe that Roberto should have required six months of treatment for this accident, and did not make any offer to settle his claim. The exact reason for the denial was that the insurance adjuster felt Roberto’s treatment was excessive, and made a decision that his claim was worth zero. We litigated the case, and were able to settle the claim at a mandatory settlement conference for $85,000.00.
  • 2006 – Automobile Accident

    Practice Area:
    Personal Injury
    Outcome:
    $45,000 Settlement
    Description:
    Ken U. was a school principal for over 25 years when he was involved in an injury producing auto accident. Ken treated for soft tissue injuries for three to four months, and when we presented the claim to the at-fault party’s insurance company, they offered $5000.00 to settle the claim in its entirety. The offer was not enough to even pay for his medical bills. We litigated the case, and after two mediations, we were able to obtain a $45,000.00 settlement.
  • 2007 – Automobile Accident

    Practice Area:
    Personal Injury
    Outcome:
    $80,000 Settlement
    Description:
    Michael S. was working as a messenger when he was involved in an accident that caused him to suffer a severe laceration to his scalp. After incurring over $25,000.00 in medical bills, the at-fault party’s insurance company offered to settle the claim for $30,000.00. The adjuster felt that the injuries were not very severe, and that Michael over treated for his injuries. After taking several depositions, and aggressively litigating the case, we were able to obtain a settlement for $80,000.00.
  • 2004 – Premises Liability

    Practice Area:
    Personal Injury
    Outcome:
    $150,000 Settlement
    Description:
    Bert C. was an 86 year old man who was shopping at his neighborhood liquor store. After making a purchase at the check stand, he walked out the front door and missed a step down causing him to fall on the city sidewalk and break his hip. The property owner blamed Bert C. for not paying attention and the store owner for not painting the step red. After extensive investigation, litigation, discovery, depositions, and the retention of technical experts, we successfully negotiated a settlement of $150,000.00.