Attorney Richard Alexander's Legal Cases

Personal injury

Iyer v. Valley Transit Authority

Aug 04, 2016

OUTCOME: $7,500,000 settlement with trial pending August 29, 2016

On the afternoon of April 9, 2015, Sara Iyer, 69 and her husband Gopal Iyer, 76, were returning from a routine medical visit and stepped off the rear door of a Valley Transit Authority bus in Cupertino ... . The driver had stopped the bus more than two feet from the curb, making the 15.5-inch step down into the street especially difficult for Sara who is 5’ 1”. Gopal exited first and extended his hand to assist his frail spouse of 50 years. The VTA driver never checked the stairwell and side mirrors and the doors closed on Sara. The combination of the height of the step to the street and the jarring of the doors contributed to Sara losing her balance. With Sara and Gopal in clear view, had the driver looked, the bus pulled away and the rear wheels destroyed Sara’s leg and crushed Gopal’s arms as he tried to pull his wife away from the bus wheels. Sara suffered an avulsive loss of the right calf, massive swelling of the right thigh, a dislocate right knee and right patella fracture that required 135 days of hospitalizations and surgeries. Gopal suffered crushing injuries to the right hand and forearm and multiple fractures to the left shoulder, upper arm and left elbow. He spent 32 days in the hospital and has limited use of both arms and hands. Gopal brought me to tears when he testified, “we are closer now than we ever have been.” It is an honor to represent this couple who are so deeply devoted to each other and to provide the financial support to makes their lives bearable.

Insurance fraud

Timple v. Talleo

Jul 07, 2016

OUTCOME: $500,000 recovery on a $15,000 policy

Bernard Timple, a 48 year-old U.S. Navy veteran, suffered a serious injury on Sunday afternoon March 9, 2014 while driving his motorcycle on a city street. The police blamed Bernard for the crash, base ... d on the statement of Evanielle Talledo, the 20 year-old driver of a 2004 Mitsubishi sedan who claimed that Bernard’s motorcycle moved to the left into the right rear quarter panel of the car. Bernard was physically unable to make any statement and there were no witnesses. The police photos and the evidence left on the roadway were consistent with the driver of the car moving from lane 1 to the right and cutting off Bernard who was in lane 2. A policy limits demand for the total insurance coverage on the Mitsubishi was denied by Farmer’s Insurance. I filed Bernard’s lawsuit in Santa Clara County Superior Court in September 2014 against Evanielle Talledo and her parents who owned the car. At the 11th hour before trial Farmer’s agreed to pay its policy of $15,000 to settle the personal injury claim against its insured and also agreed to pay an additional $485,000 in extra-contractual funds from its treasury, over and above its policy, to put to rest the bad faith claim against the company. The total settlement of $500,000 was finalized in November 2015, but it took until July 2016 to convince the Veteran’s Administration that its medical reimbursement claim was invalid against this bad faith recovery. In July 2016 the VA agreed to waive its lien.

Personal injury

Kuhlmann v. Johnson & Johnson

Dec 14, 2015

OUTCOME: $79,860,000 verdict for anus stapled shut by a defective surgical stapler

Jury verdict and judgment against Johnson & Johnson’s Ethicon Endo-Surgery subsidiary for 59 year-old Florence Kuhlmann, a retired San Jose police officer and her husband John Perkins, as a result of a ... catastrophic surgical misfire by a defective hemorrhoid staple gun. As a result of the misfiring, the staple gun was jammed in the rectum during a routine hemorrhoid surgery on January 27, 2012 and the anal canal was stapled shut, which required three surgeries at Valley Medical Center and left Ms. Kuhlmann with a colostomy bag. Afterward, surgeons at Stanford and University of California San Francisco were unable to reverse this severe injury that occluded the rectum. As a result of painstaking efforts, the jury learned that Johnson & Johnson’s subsidiary knew of hundreds of similar and identical malfunctions of the staple gun for which it routinely blamed doctors, even experienced and long-term users of its product. After months of increasing reports of adverse results, the stapler’s longstanding history mandated a recall, which was too late for Ms. Kuhlmann. Johnson & Johnson maintained there was no proof of defect because the surgery clinic disposed of the malfunctioning gun once the hemorrhoid surgery was completed. After a 24 day trial the Alameda County the jury by a vote of 12-0 awarded Ms. Kuhlmann $8,523,566 representing her pain, suffering, embarrassment, disfigurement, and humiliation, past and expected future medical bills and awarded her husband $1.3 million for loss of consortium. Two days later, after two hours of deliberation the jury voted 9-3 to penalize the Johnson & Johnson subsidiaries with an additional $70 million in punitive damages for malicious disregard of human safety and health. Defense motions for a new trial were denied by the Hon. Ioana Petrou, Judge of the Superior Court for Alameda County on February 17, 2016. Tried jointly with associates Nina Shapershteyn and Annie Wu.

Personal injury

Mena v. Kappa Kappa Gamma Fraternity

Jun 30, 2015

OUTCOME: $8,227,560 recovery in six months start to finish

$8,227,560 recovery for the September 20, 2014 death of Sergio Mena, age 53 and severe personal injuries suffered by Roxana Mena, husband and wife for 34 years in a head-on collision. Previous lawyer r ... efused to take the case against Sandra Garcia, age 20,because she was under-insured with only a $15,000/$30,000 policy. On January 4, 2015 the Mena Family retained the Alexander Law Group to take action against Sandra Garcia who fell asleep at 9:45 a.m. and crossed a double yellow line on Route 152 as she was driving Kappa Kappa Gamma Fraternity “sisters” from UC Merced to a fraternity beach party in Santa Cruz. And yes KKG is a fraternity - first women's fraternity in the US. In the collision Ofelia Gomez a passenger in the Mena Chevy also died and four members of KKG suffered severe personal injuries. KKG claimed the outing was a local chapter event with only $1 million in insurance with CNA. The complaint filed on January 14, 2015 by ALG against Kappa Kappa Gamma National and its Local UC Merced Chapter, described the fraternity as a joint-venture of 19,000 members in 139 chapters across the United States and Canada that operated as a commercial business and joint venture devoted to strengthening and perpetuating its financial existence to provide employment, salaries and benefits for its headquarters officers, executives, directors and employees who market KKG for the purpose of growing and expanding its undergraduate membership and to retain alumnae donors. Depositions of the witnesses and Sandra Garcia established that Sandra Garcia was a KKG member, chapter officer, an approved KKG volunteer drives and agent for KKG on this nationwide annual sister retreat. Mr. Mena early death ended his electrical contracting business and left his wife without the family breadwinner. Mrs. Mena, who was partially seat belted, suffered a closed head injury and surgery for fractures of the humerus, elbow, forearm, pelvis and hip during 7 weeks in the hospital and severe pain and suffering throughout a prolonged recovery. Those injuries together with the elderly survivors of Mrs. Gomez provided an opportunity to obtain a September 2015 trial date. On June 25, 2015 ALG orchestrated a policy limits demand of $11,030,000 in coverage provided by CNA, Torus and James River was made by ALG on behalf of all claimants. The attorneys for KKG and Garcia accepted the policy limits demand on June 29, 2015 and ALG gave notice to the Superior Court of the Settlement of Mena v. Kappa Kappa Gamma, less than six months after the firm was retained. Mena v. Kappa Kappa Gamma Fraternity, Santa Clara County Superior Court, No. 115CV275582.

Personal injury

Brett Johnson v. Subway

Feb 28, 2013

OUTCOME: $2,000,000 recovery

On January 11, 2010, Brett Johnson, then 44-years-old, was on his way to buy an early lunch at Defendants’ Subway Restaurant in San Jose. The fall was caused by a protruding metal doorstop installed by ... Defendants into the middle of the sidewalk in front of the entrance to their restaurant. The storeowner admitted that he failed to consider the safety of the public when he installed the doorstop. (Chaudhary Deposition, pg. 20:11.) His only concern was a patron of the store had broken the door and he wanted to prevent a re-occurrence of this property damage. No thought was given to the fact that this doorstop was a clear and present trip hazard to the public. Defendants removed the hazard after Brett’s fall, that same day. Brett suffered serious injuries to his shoulder, low back, and hip requiring surgery and endured a long and painful recovery. Trial was set for April 2, 2013. Brett’s lawsuit settled on February 28,2013 after expert depositions were completed.

Brain injury

Rasheed Hilson, a minor v. Kim Phuoc Tran

Aug 25, 2008

OUTCOME: $10,100,000 judgment [35% of $30,000,000 in proven damages]

$10,100,000 judgment for 12 year-old Rasheed Hilson was entered in July, 2008 after 15 days of trial before Hon. Leslie Nichols, Santa Clara County Superior Court after the defendant’s insurance compan ... y, Amica Mutual Insurance, refused to pay its $50,000 policy to put to rest this youngster’s severe injury claims, including brain damage, hemiplegia, and multiple fractures. On November 14, 2007, Rasheed left the Morrill Middle School on Cropley Avenue, San Jose, and raced down the driveway, intent on catching a bus. He ran into the path of a car traveling at 35 mph. The San Jose Police Department concluded the speed limit was 35 mph because the crash occurred at 4:30 pm and the school had closed at 2:30 pm. The police department failed to inquire why six witnesses to the event were 11 and 12 year-olds. Had they asked the police would have learned that an interschool basketball game was underway in the school’s gym and according to the testimony of the school principal, the Morrill Middle School was in operation at 4:30 pm. That made the real speed limit 25 mph in a school zone when children are present. By rejecting a policy limits settlement demand the insurance company exposed its insured to a judgment in excess of the policy and for violating the California Insurance Code the company became fully responsible for any judgment the insured would suffer, as well as punitive damages for violating the requirements of good faith and fair dealing, i.e. insurance fraud. The jury found Rasheed 65% at fault for the suffered severe brain injury he suffered, which is permanent and which requires lifelong care. As a result of this case Richard was named Santa Clara County Trial Lawyer of the Year.

Spinal cord injury

George Liu v. John Doe

Jul 26, 2007

OUTCOME: $4,500,000 recovery despite a $30,000 policy

$4,500,000 insurance fraud and injury recovery during jury trial after an insurance company refused to pay policy limits of $30,000. George Liu, a 24-year-old San Jose State senior, jammed on the bra ... kes of his Kawasaki ZX6 motorcycle when a Honda made an illegal u-turn from the slow lane forcing a van ahead of him to make an emergency stop. His motorcycle reared upward onto its front wheel and pitched him over the handlebars into the van just as he stopped short of the van. The motorcycle caused no damage to the van, but when Mr. Liu hit the pavement he was an L-1 ASIA Class B paraplegic. A policy limits demand to the insurance carrier for the Honda was rejected because, according to the company’s view, Mr. Liu was 80% at fault. By rejecting a policy limits settlement demand the insurance company exposed its insured to a judgment in excess of the policy and for violating the California Insurance Code the company became fully responsible for any judgment the insured would suffer, as well as punitive damages for violating the requirements of good faith and fair dealing, i.e. insurance fraud. After suit was filed, the Honda driver revealed, as required by California law, that he only had a $30,000 insurance policy. The insurance company claimed in its defense that the driver made his u-turn from the fast lane and that George Liu was 100% responsible for his paraplegia because his motorcycle had brakes superior to the van ahead of him and the van was able to stop in time. If the van could stop, the motorcyclist easily should have stopped as well. The insurance company at the first pre-trial settlement conference vowed it would never pay seven figures in settlement. On the first day of trial it raised its offer to $2 million. On the morning of the 4th day of trial a settlement offer of $4.5 million was accepted. The insurance company required as part of the settlement that the name of the defendant, the insurance company lawyer and the insurance company could not be publicized. Settled one year and six days after filing George Liu v. Doe,, Santa Clara County Superior Court.

Personal injury

Pighini v.Oakland Housing Authority

Nov 01, 2006

OUTCOME: $5,200,000 recovery

$5,200,000 insurance fraud and injury recovery collected for a wonderful San Jose couple who suffered severe facial and orthopedic injuries, including the loss of an eye, in a head-on collision at the ... Cats intersection on Route 17, Los Gatos, California. When a southbound and under-insured Jeep [$100,000/$300,000 GEICO policy], slowed to make an illegal u-turn, which the investigating Highway Patrol officer described as “suicidal,” a Housing Authority police officer driving 15 mph hour over the speed limit punched the Jeep forward and across three lanes of northbound traffic into the plaintiffs’ car. Focus groups concluded that 90% of the cause of the crash was the Jeep. When we described the Jeep as being “cocked” and the police car “pulling the trigger,” the Housing Authority was found 90% at fault.

Richard Alexander's Legal Cases (8)

Iyer v. Valley Transit Authority

Timple v. Talleo

Kuhlmann v. Johnson & Johnson

Mena v. Kappa Kappa Gamma Fraternity

Brett Johnson v. Subway

Rasheed Hilson, a minor v. Kim Phuoc Tran

George Liu v. John Doe

Pighini v.Oakland Housing Authority