Hasbun v. MTA
Mar 14, 2009OUTCOME: $1,900,000
56 yr old housekeeper ran across the street in violation of clearly posted do not walk signs and was struck and killed by an MTA bus
Tyler James Barnett's Legal Cases (4)
Marina Del Rey, CA
Personal injury Lawyer at Marina Del Rey, CA
Practice Areas: Personal Injury, Car Accidents
Plaintiff v. Management Company, Repair Company and Owner
N/AOUTCOME: $1,850,000
A security gate to an apartment building was not locking properly and, as a result, a gang member was able to enter and shoot plaintiff in the head. The plaintiff survived and the gang member was neve ... r apprehended.
Monika H. Solomon v. The Vons Companies, Inc. and Hussmann Corporation
N/AOUTCOME: $2,000,000
On Nov. 12, 2013, plaintiff Monika Solomon slipped and fell in a Von's market in Culver City, when she stepped into a large puddle of water near a refrigerated cake cooler. The cooler was serviced purs ... uant to a contract by co-defendant Hussman, Inc. The cooler had been serviced within 24 hours prior to plaintiff's fall. Plaintiff disputed whether Hussman service technician warned Von's store manager that cooler may continue to leak for some period of time. No warning signs or cones were in place at the time of the fall. Defendants claimed that the puddle was too large to have been created by a leak from the cake cooler because any such leak would be limited to a slow drip of condensation, and any resulting puddle would be very small. In addition, Von's claimed no notice of any ongoing leak or puddle, and that a sweep had inspected the subject area of the store shortly before the fall with no puddle found. Von's also claimed that if there was any dangerous condition on its premises that any liability for this condition and the allegedly resulting fall arose from acts or omissions of Hussman as its vendor and that Von's was entitled to defense and indemnity under its contract with Hussman. Von's was an additional insured under Hussman policy for any loss arising from any act of Hussman unless the loss was due to sole negligence of Von's. Tender of defense by Von's to Hussman was rejected by Hussman's liability carrier, Chubb. Monika Solomon sustained a fractured distal fibula requiring ORIF with subsequent development of CRPS, which she claimed would require implantation of a Spinal Cord Stimulator. Her total past medical bills were $160,000 (pre-Howell reduction) and she claimed future medical costs of approximately $3.6 million (before being adjusted to PV). There was no loss of earnings claimed. Defendant Hussman initially offered only $20,000 and Von’s offered zero. Ultimately, Von’s entered into an agreement whereby Von’s would pay plaintiff $200,000 upon completion of settlement, and Von's stipulated to a bifurcated judgment of liability, followed by uncontested prove-up of damages before a retired judge of plaintiff's choosing. In addition, plaintiff was to execute covenant not to execute against Von's on judgment obtained by prove-up beyond indemnity available from liability carrier for Hussman, as to whom Von's claimed entitlement to defense and indemnity as additional insured. The settlement agreement further provided that in the event of settlement by Chubb, Von's would recoup $100,000 from the first $200,000 paid by Chubb, and additional recovery on 50-50 basis with plaintiff up to $100,000 from any recovery between $2 million and $2.2 million. After good faith finding, plaintiff made a policy limit settlement offer to Chubb for it's limits of $2 million. A counter-proposal was agreed to under which Chubb paid $1.9 million to plaintiff and $100,000 to Von's. No payment was made by Von's under the settlement as it was finalized and paid entirely by Chubb.
Duane Gilbert v. Isidro Quinones; BMC West, LLC fka BMC West Corporation
N/AOUTCOME: $2,300,000
On September 21, 2015, at about 7:30 a.m., 56 yr old plaintiff Duane Gilbert was driving his white 2002 Chevy Trailblazer on the I-15 southbound in Escondido. He had left his sister's house in Hemet a ... nd was on his way to work at the San Diego Parks and Recreation Department. While driving in the fast lane, traffic was heavy, and the vehicle in front of him, a white 1999 GMC Sierra came to a complete stop. Mr. Gilbert came to a complete stop behind the GMC Sierra and was struck from the rear by defendant Isidro Quinones who was operating a white 2013 Dodge Ram 1500. The impact caused Mr. Gilbert’s vehicle to come into contact with the GMC Sierra. The GMC Sierra was pushed forward, but did not contact any other vehicle. The damage to plaintiff’s vehicle was barely visible. Mr. Gilbert sustained injuries to his head, neck, low back and right shoulder, resulting in three surgeries. (1) 06/27/2016: Anterior cervical diskectomy, bilateral, C3-4, C4-5, C5-6, C6-7, and CT-T1 posterior arthrodesis and cervical laminectomy; (2) 12/19/2016: L4-5 and L5-S1 decompression; and (3) 03/29/2017: Right shoulder arthroscopic subacromial decompression. His total medical bills were $447,254.52. Plaintiff’s past medical history was remarkable in that he had two prior low back surgeries and pre-existing meylomalacia. Defendant claimed that these pre-existing conditions necessitated the surgeries that he underwent post-accident. Plaintiff alleged future care needs would include an additional cervical fusion, surgery at T1 - T2 to account for adjacent segment disease, and a spinal cord stimulator. Defendant disputed the nature and extent of the injuries. At the time of the injury, Mr. Gilbert was working for San Diego Parks and Recreation making approximately $13.00 per hour. Plaintiff claimed he was unable to return to work. Defendant claimed that appropriate pain management would allow him to return to gainful employment. The case settled after two mediations for more than plaintiff’s CCP §998 Offer of Compromise.
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