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Cynthia Bernet Mcguinn

Cynthia Mcguinn’s Legal Cases

21 total

  • Michael Mechanic v. Defendant Driver

    Practice Area:
    Personal Injury
    Date:
    Dec 01, 2008
    Outcome:
    $1.5 million settlement
    Description:
    Michael Mechanic was riding his motorcycle on Highway 13 near Piedmont, California, when Defendant Driver changed lanes and collided with him. Defendant said that while he had checked his rear-view mirrors, he had not looked over his shoulder to make sure the lane was clear. Michael’s tibial plateau, the bone that makes up the base of the knee, was broken. Despite two surgeries, Michael never regained normal strength and flexibility in his knee. He was physically unable to return to his occupation as an automobile mechanic. He was also forced to give up his passion for riding motorcycles because of continued pain. The case settled for Attorney’s primary and excess policy limits.
  • Dean v. Fedco

    Practice Area:
    Wrongful Death
    Date:
    Feb 08, 2002
    Outcome:
    $1.16 million jury verdict
    Description:
    William K. Dean, husband and father was struck and killed by a Fedco truck as he was working as a tree trimmer in Calistoga, California. William's employer had assigned him to supervise the trimming of trees which were blocking power lines bordering the roadway. Orange cones and flags had been placed to mark the work area. A truck driver operating a 33,000 lb. tractor trailer rig struck William, as he was supervising the work of other tree trimmers. The impact caused William to be swept under the truck causing severe crushing injuries, internal bleeding and ultimately, death. The truck driver contended that William had stepped into the path of his truck, which was lawfully on the roadway and that William was therefore responsible for his injuries and death. The truck driver's demeanor at trial, including contradictory testimony under oath that he could stop his rig "on a dime" was cited by the members of the jury as the most significant factor in their decision.
  • Shugart v. OEA

    Practice Area:
    Personal Injury
    Date:
    Apr 19, 2002
    Outcome:
    $14.4 Million Dollar Jury Verdict
    Description:
    Explosion at workplace resulting in blindness. Jury returned a verdict of $14,456,000 of which $10 million was for punitive damages.
  • Leyvas v. Washington Township Hospital

    Practice Area:
    Birth Injury
    Date:
    Sep 24, 2003
    Outcome:
    $85 million Dollar Jury Verdict
    Description:
    This was a medical malpractice case involving a newborn. Andrew Leyvas was born normal but became jaundiced shortly after birth. Although his doctor and the hospital were aware of his condition, they did not conduct basic blood testing to determine the level of bilirubin in Andrew's blood. (Bilirubin is the toxin which causes the yellow coloration in the skin that is commonly referred to as "jaundice.") As a result, Andrew developed kernicterus resulting in cerebral palsy. Andrew sustained severe visual and auditory damage as well as cognitive deficits. Jaundice is a common condition in newborns which is completely reversible if promptly treated. Failure to do so can result in severe cognitive and sensory injuries including death.
  • Eagles v. Albertsons

    Practice Area:
    Personal Injury
    Date:
    Jun 05, 2003
    Outcome:
    $6.4 million jury verdict
    Description:
    In September 2000, fifty-eight year-old James L. Eagles was working as a truck driver for Kings County Truck Line. On the day of the accident, he was making a delivery to Albertsons, Inc.'s Brea Distribution Center. After arriving at the warehouse and while speaking to a receiver on the loading dock, a 9,200-pound stand-up electric forklift owned by Albertson and operated by an Albertson's employee ran over his left foot. The forklift crushed his foot and trapped James Eagles under the forklift for about five minutes. The Albertson's employee claimed that he lost control of the forklift due to an electric malfunction, which resulted in a loss of power steering and power braking. The employee did not use the forklift's emergency brake, which would have brought the vehicle to an immediate stop. James Eagles contended that the operator was negligent. Eagles, recognizing that the forklift was not defective, dismissed the forklift manufacturer before trial. Albertson's persisted with its claims of contribution against the forklift manufacturer. The jury determined that the forklift was not defective and that Albertsons was responsible for James Eagles' harm. The case tried to verdict and the verdict was upheld following an unsuccessful appeal by Albertson's.
  • Mechanics et al v. Yellow Cab Cooperative, Inc

    Practice Area:
    Personal Injury
    Date:
    Mar 15, 2004
    Outcome:
    $3.6 million jury verdict
    Description:
    On April 17, 2000, at about 10:30 p.m. four United Airlines employees had gotten off work at San Francisco International Airport. The United employees were three airplane mechanics and a customer service representative. An airport shuttle bus took the four employees from the airport terminal to the employee parking lot. The bus was traveling behind a Yellow Cab as it entered the on-ramp for U.S. 101 north. While approaching the highway the Yellow Cab driver saw a woman, off to the side of the on-ramp, and thought she might be a potential fare. He slammed on his brakes and stopped his cab in the middle of the on-ramp, about 20 feet before it merged with the freeway. The bus driver, distracted by someone saying there was a woman near the on-ramp, did not notice that the cab was stopping in the middle of the on-ramp. Once the bus driver realized that the cab was stopping, he slammed on his brakes, causing the passengers to come out of their seats. The shuttle bus hit the back of the taxi, causing minimal damage to both vehicles. One individual suffered a broken ankle and was off work for about four months. The three other individuals returned to work after a couple of days. As time progressed, each of the other plaintiffs noticed that their injuries were not healing and sought medical treatment. Each sustained permanent medical injuries and limitations in their ability to perform their occupations.
  • Dr. Doe v. Third and Mission Associate

    Practice Area:
    Personal Injury
    Date:
    Sep 08, 2004
    Outcome:
    $5.3 million jury verdict
    Description:
    Dr. Doe was walking when a board from a construction site fell and hit him. He contended that he his ability to perform surgery was impacted as a result. Defendant admitted liability but contended that Dr. Doe was not limited and was earning over $400,000 per year after the accident, above the average for orthopedic surgeons in his area.
  • Douglas v. Dulac

    Practice Area:
    Personal Injury
    Date:
    Jun 10, 1992
    Outcome:
    $680, 540 Jury Trial Verdict
    Description:
    Chris Douglas was a 15 yr. old amateur skier whose dreams of competing in the Olympics ended when he was injured in a vehicle collision in which he was a passenger. The driver of the car in which Chris was riding overreacted and swerved when another vehicle made an unsafe lane change. The car in which Chris was riding flipped over on it's side and skidded down the highway about 100-200 feet. Chris sustained a bad fracture of his left tibia and ankle, with permanent misalignment and deformities. Although Chris had the use of his leg for everyday activities once his fractures healed, the remaianing misalignment and deformities precluded him from being able to compete in the Olympics After 13 days of trial, the jury returned a verdict against both drivers and in favor of Chris.
  • Manukyan v. Tippelt

    Practice Area:
    Personal Injury
    Date:
    Dec 13, 1994
    Outcome:
    $1M Jury Trial Verdict
    Description:
    John Manukyan was a 45 year old 315 lb. correctional officer who was injured while sitting in his car and stopped at a pedestrian cross walk. A truck, traveling about 10 mph struck John's car from behind. John sustained carpal tunnel injuries to both his hands, herniated his cervical discs and sustained a lumbar sprain. His injuries precluded him from returning to his job and he had to be retrained for different, less physically demanding work. John had medical bills and lost income due to his injuries. After a 6 week trial, the jury returned with a verdict in John's favor in the amount of $1,021,085.00 The defendant's made a motion for new trial which was denied. The defendant's then appealed the judgment, but the verdict was upheld by the Court of Appeal in John's favor.
  • Doe v. Acme Transport

    Practice Area:
    Personal Injury
    Date:
    Sep 11, 2009
    Outcome:
    $2.4 million jury verdict
    Description:
    A Sonoma County jury found defendant Acme Transport legally responsible for a 2005 Santa Rosa car crash that injured 33-year-old Jane Doe’s hand. Doe’s non-dominant hand was injured when Acme’s employee, driving a van, ran a red light at an intersection and broadsided Doe’s car. Doe’s window was down and Doe’s fingers became caught between the door jamb and pavement when the vehicle tipped over. The crush injured the tops of her fingers and resulted in some functional impairment and chronic pain. She was unable to return to work as a bank training coordinator and was involuntarily terminated from her job when her Family Medical Leave ran out in March 2006. By June 2006, Doe’s situation forced her and her family to move across country, where Doe’s parents lived. Shortly before trial, Acme admitted it caused the collision but asserted that Doe failed to mitigate her damages because she had not returned to work. Sousa’s medical restriction from work arguably ended in July 2006. Defendant further argued that Sousa had not had any real medical care or treatment since January 2007. Contending that Sousa’s decision to return to school instead of obtaining a job was a lifestyle choice, defendant focused its case on Sousa’s decision not to return to work. McGuinn and Cooper, Sousa’s attorneys, were brought into the case two months before it was initially set for trial in 2008. After getting court orders to add experts in orthopedics, pain management, economics, and life-care planning, Doe served a formal Offer to Compromise for Acme’s $1 million insurance policy limits in November 2008. Acme’s offer was $250,000 up until ten days before trial, when Acme served its own formal offer for $800,000. The case was tried for four weeks before the Honorable Mark Tansil in Santa Rosa, California. With prevailing party costs and interest from the date of service of Smith’s formal Offer to Compromise, the total judgment will be over $2.4 million. Over $1 million of the verdict was for general damages.