In November 2001, a violent explosion in the boiler at the Doe Company, a recycling and waste treatment center, ripped two 100-pound metal doors off their hinges. The doors flew through the air and sma...shed into Terry Wilson. The doors struck Terry in the front of his skull and pinned him to the ground. In addition to the initial impact, Terry cracked the back of his skull on the floor, where he remained unconscious and bleeding for an unknown length of time. He sustained permanent cognitive deficits as a result of the accident. The matter settled before trial.
Personal injury
Clifford v. Lathrop Construction Associates, Inc.; EDM Construction; and S.W. Mertz Masonry Specialists, Inc.
N/A
OUTCOME: $1.4 million
On March 13, 2001, Robert Clifford was injured when an eight-pound piece of concrete block fell approximately twelve feet off scaffolding at the construction site for the Sonoma County New Sheriff's Bu...ilding. The masonry debris landed first on Robert Clifford's head, then on his left shoulder, left arm, and left knee. Mr. Clifford was wearing a hardhat, but even with the hardhat, the force of the falling concrete block knocked Mr. Clifford to his knees. Clifford's left arm, left shoulder, left knee, back and neck were injured as a result of the impact.
At the time of the incident Mr. Clifford was a 28-year-old union iron worker, employed by Metal Deck Specialists Erectors. Defendant Lathrop Construction Associates, Inc. was the general contractor on the project. Defendants E.D.M. Construction and S.W. Mertz Masonry Specialists, Inc. were the masonry sub-contractors responsible for erecting and maintaining the scaffolding for the masonry work.
Mr. Clifford contended that the block fell from the scaffolding and hit him as a result of: (1) the masons' failure to erect safe passageways in its scaffolding; (2) the masons' failure to keep the scaffolding free of debris; and (3) the general contractor's failure to maintain a safe jobsite—all in violation of OSHA regulations and the defendants' own rules and policies.
Defendants contended both that the defects in the passageway were open and obvious, and that Mr. Clifford was not authorized to use the passageway to access his employer's job and tool box inside the building. Defendants also contended that Mr. Clifford's employer's welding lead had caused the concrete block to fall from the scaffold onto Mr. Clifford's head and down the left side of his body. The matter settled before trial.
Personal injury
Atanasova v. Posh Bagel
N/A
OUTCOME: $1 million
In the early morning of September 19, 2004. Gilberto Rodriguez, a Posh Bagel employee, was driving a rented delivery truck south on U.S. Highway 101 in Marin County. Gilberto Rodriguez lost control of ...the vehicle and hit a bridge support. The crash killed his passenger, Denitsa Shekerova, a 23-year-old Bulgarian exchange student who was visiting the United States. Denitsa and Gilberto became friends at the casino where they had both worked. Investigators learned that Rodriguez tested positive for methamphetamine (meth) on a California Highway Patrol drug test, and that he had only a few hours of sleep prior to the incident. He had invited Denitsa to ride with him to help combat his fatigue. The firm learned that Gilberto Rodriguez's driver's license was restricted months before the accident because of another rental truck accident, multiple red light violations, and driving with a suspended license. The firm contended that Posh Bagel was a federal motor carrier and was required to monitor alcohol and drug use among its drivers. The firm also learned of Gilberto Rodriguez's prior meth conviction and argued that his other criminal offense convictions established a pattern of habitual drug abuse. The matter settled before trial.
Personal injury
Kaz v. Berkeley Pumping Concrete Co. and Dolan Concrete Construction, Inc.
N/A
OUTCOME: $2.1 million
On July 12, 2004, Joe Kaz was working as a plumber at a commercial construction project. As he neared a concrete pumping hose, he heard a loud popping sound. The pump's hose uncoupled and swung without... restraint. As it swung, the hose, filled with pressurized concrete, whipped into Kaz's left knee and up into his left upper thigh and groin. The impact knocked him off his feet onto a metal deck, twisting his right knee.
The damage from the accident has prevented Kaz from returning to his job as a plumber. Defendants contended Kaz's right knee was not injured in the incident. They also contended Kaz had degenerative conditions in his right knee from a prior right knee work injury. The jury unanimously found the defendants' negligence caused Kaz's career-ending knee injury.
Personal injury
Scott v. Richter & Ratner Contracting Corp.
N/A
OUTCOME: $10.2 million
Defendant Richter & Ratner Contracting Corp., a general contractor, was performing a seismic and structural upgrade of a retail building in downtown San Francisco. The defendant hired subcontractors to... replace the elevator, but did not ensure that barricades were placed around the open elevator shaft to prevent falls. Plaintiff Robert Scott, a construction superintendent employed by one of the subcontractors, slipped into the unguarded elevator shaft on August 30, 2004. He suffered permanent, disabling injuries to his back, neck and knee.
Defendant contended that Scott was negligent for not paying more attention while he worked, and that he was faking his injury to get prescription painkillers. At trial, the jury determined that Richter & Ratner was 98% liable for Scott’s injuries.
Personal injury
Barger-Carey v. Shipley et al.
N/A
OUTCOME: $25.8 million
On March 14, 2005, Sharon Shipley, the owner of a catering business, was leaving her business in Sunnyvale, and backing her 2004 Lincoln Navigator out the driveway. A truck owned and operated by Intern...ational Moving Company was parked in front of Shipley's driveway, and was partially blocking it. Colleen Barger-Carey, who worked for the catering business, was attempting to assist Shipley, by giving verbal and hand cues to Shipley to guide her out of the blocked driveway. Shipley began to back the vehicle out, when Shipley's foot slid off the brake pedal and onto the gas pedal of her SUV, causing the vehicle to suddenly accelerate in reverse. Shipley's vehicle crushed Colleen's forearm against the parked truck, nearly severing Colleen's arm during the impact. As a result, Colleen sustained severe injuries, including numerous fractures.
Plaintiff's counsel argued that in addition to Shipley being responsible for her negligence, International Moving Co. was responsible for the truck being parked such that it partially blocked the driveway. If International had not left the truck so as to block the driveway, there would have been no need for Colleen Barger-Carey to attempt to direct Shipley in backing out of the driveway. Yamato Transport USA, Inc. is an international transport company that hired International Moving Co. to deliver its packages at the time of the incident. Yamato Transport argued that it could not be held liable for the incident since it hired an independent contractor to do the deliveries, and was not responsible for International Moving Co.'s negligent acts.
Plaintiff argued that the Restatement of Torts Section 428 placed liability on Yamato Transport because it was a corporation carrying on an activity which can be lawfully carried on only under a franchise granted by public authority, and which involves an unreasonable risk of harm to others. Yamato was therefore subject to liability for physical harm caused to Colleen Barger-Carey because of the negligence of its contractor. Yamato's business was regulated by the State of California. The business constituted an activity which, if negligently performed, could lead to serious injury or death. At trial, it was determined that as the hirer of International Moving Co., Yamato Transport was 5% liable for the negligent acts of its contractor that caused injury to Mrs. Barger-Carey. International Moving Co. was also determined to be 5% liable for plaintiff's injuries. Sharon Shipley was found to be 90% liable.
Business
eMocha, LLC and Manjinder Sandhu v. Central Plaza-Union City, L.P.
N/A
OUTCOME: $549,100 total, including $208,000 jury verdict for lost profits, $326,600 attorneys' fees and $14,500 in court costs. Defendant Central Plaza's claim for $500,000 in back rent was denied.
eMocha, LLC, entered into a four-year lease with Central Plaza-Union City, L.P. According to the lease, eMocha was going to operate a computer repair business. Shortly after signing the lease, eMocha d...ecided to operate an internet cafe instead of the repair business. It entered into a new, seven-year lease option with Central Plaza to operate an internet cafe. eMocha then got approval from Union City's planning, zoning, fire and police departments and converted the space into a cafe. It also received approval from Central Plaza's property owner and agent, Robert Chang. A year and a half after opening, the Quiznos owner, located in the same strip mall, made a written complaint to Central Plaza, noting that the Quiznos lease gave them exclusive rights to sell sandwiches at the mall. Quiznos wanted eMocha to stop selling sandwiches. Over the next 10 months Central Plaza's agent Robert Chang went to eMocha 40 to 60 times, telling eMocha alternately (1) stop selling sandwiches; (2) you can sell sandwiches but keep a low profile; (3) you need to work this out with your fellow countryman (both eMocha's and Quiznos' owners were from India); and (4) if you keep selling sandwiches Central Plaza and Quiznos will sue you. A year after the harassment started, eMocha closed the cafe and vacated the premises because it felt Chang's actions had interfered with operations to the point that eMocha could no longer remain in business. Legal theories and strategies: eMocha sued Central Plaza for breach of contract, breach of the covenant of quiet enjoyment, concealment, and constructive eviction. Central Plaza responded with a counter claim for unpaid rent. Plaintiff's counsel claimed eMocha was operating a legal business within the parameters of its lease with Central Plaza and with proper licensing. Central Plaza contended that eMocha never obtained a use permit from the City, that a use permit was needed to legally operate eMocha and that eMocha was therefore operating illegally. (Case was tried with co-counsel Miles B. Cooper.)
Personal injury
Doe v. Northstar-at-Tahoe
N/A
OUTCOME: $691,941 total jury verdict, reduced by Doe's 40% comparative fault to $415,164
Jane Doe, a 33-year-old physical therapist, was an avid snowboarder. She had a season pass at Northstar. On one of her visits, she finished snowboarding for the day before her friend. She waited on the... deck of Northstar at Tahoe's Mid-Mountain Lodge until the sun went behind the mountain. She then moved inside, where she noticed heat vents in front of a retail counter. She sat down on the floor in front of the retail counter in a location where the retail counter worker could not see her. Shortly after she sat down, the retail counter worker closed a manual overhead security gate. He closed the gate from behind the retail counter and did not notice Doe. The gate struck Doe on top of her head. Ski patrol responded and Doe declined medical treatment. Her friend came and helped her back to her rental cabin. She drove herself back home the next day. Doe returned to work two days later. She had difficulty performing her work and was told to return when she was medically capable of doing so. She was treated by a primary care doctor who noted a bruise on her head and neck tenderness. An orthopedic surgeon who worked with Doe felt she had a minimal disk protrusion because of the incident but could not rule out that it may have pre-existed the incident. Doe was placed in a neck brace. Three months later when she was told to remove the neck brace, she started developing other problems. These included visual disturbances, light sensitivity, headaches, right-sided numbness, dizziness and exhaustion. Her doctors determined she did not have a traumatic brain injury and a majority of them recommended a psychiatric consult. Doe felt her injuries were physical and declined seeking any psychiatric or psychological care. Doe remained off work for two years after the incident. She then started working as an outpatient physical therapist three days a week. The case was litigated in Placer County, where Northstar is located. Ms. Doe alleged that Northstar's employee was negligent in how he closed the gate. Northstar alleged that (1) it was not liable as a matter of law because Doe had signed a global liability release when she applied for her season pass, (2) Doe was responsible for any harm she suffered because she was sitting in an unexpected location and (3) at the most she suffered a bruise on her head. The court denied Northstar's motion for summary judgment on the release. (Case was tried with co-counsel Miles B. Cooper.)
