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William Michael Berman
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Pro

William Berman’s Legal Cases

6 total

  • Baxter vs. J& V Investments, Group, et al.

    Practice Area:
    Personal Injury
    Date:
    Jan 04, 2007
    Outcome:
    $6,842,857.10 Overall Settlement from Defendants
    Description:
    Tire Defect/Wrongful Death of Unmarried Child- On July 29, 2001, while traveling westbound on Interstate 10 through Indio, California, 21-year-old plaintiff Garek Baxter, 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. Attorney William M. Berman represented the parents of the 21-year-old professional athlete as lead counsel, 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 M. 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.
  • Wilschke vs. Doe Nursing Home Defendants

    Practice Area:
    Nursing Home Abuse and Neglect
    Date:
    Jun 21, 2007
    Outcome:
    $1,700,000.00
    Description:
    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.
  • Schlichter vs. Oxnard Convelescent Facility

    Practice Area:
    Nursing Home Abuse and Neglect
    Date:
    Aug 22, 1999
    Outcome:
    $2,200,000.00 on behalf of surviving daughter
    Description:
    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.
  • Kamura vs. Face

    Practice Area:
    Wrongful Death
    Date:
    Oct 28, 2008
    Outcome:
    Trial Verdict for $1,547,445.25
    Description:
    Auto vs. Pedestrian Accident/Wrongful Death [Trial Verdict] - William M. Berman, Esq., of Berman and 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.
  • Maria Tirado, et al vs. DOE Nursing Home, et al.

    Practice Area:
    Nursing Home Abuse and Neglect
    Date:
    Jan 07, 2009
    Outcome:
    $1,500,000.00+ Total Settlement
    Description:
    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.
  • Doe v. Stockton, et al.

    Practice Area:
    Personal Injury
    Outcome:
    $15,000,000.00+ Judgment with settlement reached with several defendants
    Description:
    Sexual Abuse Case