James Randall Lewis's Legal Cases (7)

Spinal cord injury

$950,000 Settlement!

Apr 30, 2017

OUTCOME: $950,000 settlement two weeks before trial

In early 2013, plaintiff, a 56 year-old homemaker, slowed to enter a driveway when she was unexpectedly hit from behind and pushed into a ditch on a semi-rural two lane road by a inattentive motorist. ... Her care was disabled and so was the full-size pick-up that hit her. She felt immediate neck and back pain, was confused, had a concussion from the impact, and felt woozy. Her husband took her to the doctor later that day. Her headaches and neck pain worsened to where the pain was radiating down her left arm. Her health plan network providers downplayed her symptoms for weeks, until she demanded an MRI which confirmed a disc bulge in her neck. Despite pressing her health plan’s providers about her severe radiating pain, she got nowhere. At her request, we gave her names of spine specialists in the area and she chose one. After exhausting conservative chiropractic care, traction, physical therapy, and steroid injections to her neck, she could not stand the pain any longer. She opted for surgery; a three level discectomy and fusion. Her health plan would not cover the surgery outside its system, and the spine specialist performed the surgery on a lien basis. The result: almost immediate relief of her radiating pain complaints. The insurance company and its attorneys fought the entire way, on all fronts. First, the disc bulge wasn’t the result of being slammed into at 40 mph and pushed into a ditch. We defeated this argument with expert testimony from the spine surgeon and forensic examination of plaintiff’s medical history: she never complained of neck pain or radiating pain before. Second, the defendant’s doctor claimed the radiating pain wasn’t from the neck, it was a pinched nerve in the elbow. Our experts destroyed this theory again by forensic examination of the medical history and the lack of an injury mechanism in this accident. Third, the insurance company argued the medical bills were too large. Their expert, an out of state unlicensed nurse, used an unreliable database to “cook” the numbers down to what the insurance company wanted them to be. Our firm hired a reputable, local expert with actual experience and evidence of reasonable medical billing rates in this community. At the court-ordered settlement conference about a month before trial, the insurance company was stuck on insultingly low numbers and we moved forward with experts and trial preparation including a three hour depositions of their doctor and billing expert. On the eve of trial, the defense relented and offered $950,000. This client came to us in April 2013, and over the ensuing four years we never wavered in our commitment to recover for this client what she was entitled to.

Car accident

Choose the right lawyer!

Mar 21, 2017

OUTCOME: $500,000 policy limits settlement

Plaintiff was operating a motorcycle when he was involved in a collision in a rural part of San Joaquin County, California in May of 2012. The Defendant, driving a full-size pickup truck, made a left ... turn directly in front of Plaintiff, violently colliding with Plaintiff and his motorcycle. Plaintiff was ejected from his motorcycle, traveled through the air, and landed on a barbed wire fence almost 70 feet away. Plaintiff retained an attorney from Southern California who failed to engage the right experts or preserve evidence from the start. Plaintiff retained our firm almost two years after the collision, and we went to work immediately. The Defendant argued that Plaintiff was speeding and caused the collision. Motorcyclists often are assumed to be “speeding” by virtue of the fact that he/she was on a motorcycle. We have handled many motorcycle cases with similar speeding allegations. Our firm hired an accident reconstruction expert to provide a full analysis of the collision and speeds involved. Through examination of Defendant’s pick-up truck, the remnants of Plaintiff’s motorcycle, and the scene of the accident, we were able to prove that Plaintiff was not speeding at the time of the collision, and that Defendant was negligent in failing to yield the right-of-way to Plaintiff. Plaintiff was in a coma for several days after the collision. He sustained a severe injury to his left arm and multiple facial fractures. Plaintiff underwent surgery for his facial fractures and had his jaw wired shut for several months. Plaintiff’s left arm was fractured in multiple places and the major nerves were damaged. He underwent multiple surgeries to repair and regain use of his left arm; however, Plaintiff was never able to regain any sensation or function to his left arm. Plaintiff’s life changed forever. Plaintiff was only 21 years old the time of the collision. Plaintiff will need pain medication and physical therapy for the rest of his life. Furthermore, he was on the path to becoming a Pharmacy Technician and had just received his certification and a job offer at a local pharmacy. Through the involvement of multiple experts (medical doctor, vocational rehabilitation expert, forensic economist, etc), we calculated of the cost and value of Plaintiff’s future medical care, Plaintiff’s total past loss of earnings, and the value of Plaintiff’s future loss of earning capacity. Despite years of denying liability and several refusals to pay anything, we convinced the insurance company to pay our client the policy limit of $500,000. Had plaintiff chosen the right lawyer from the start, his claim would have resolved sooner.

Car accident

$400,000 verdict in conservative county

Jul 28, 2016

OUTCOME: $388,702.20 recovered for plaintiff

Plaintiff was legally stopped on a two-lane rural road in Nevada County waiting for a vehicle ahead to complete its right turn when he was collided into. Plaintiff’s Jeep sustained major damage. Defe ... ndant’s Tundra major damage. Impact speed was at least 31 mph. Plaintiff’s driver’s seat was dislodged from the tracks, and the seat back collapsed and twisted. Immediate complaints of back and neck pain, and leg pain where the seat impacted his leg. Underwent chiropractic treatment, physical therapy, acupuncture, traction, trigger point injection, MRI and epidural steroid injection, none of which resolved his low back pain. Two MRI revealed a 1-2 mm protrusion at L5-S1. Past stipulated medical expenses were $33,084.29. Ardavan Aslie, MD offered a discectomy and fusion to Plaintiff once a discography was performed. Surgical expenses were estimated to be $207,002.00, according to Dr. Aslie and Gregory Sells, MA. Plaintiff managed and worked in his family’s hay sales business. On doctor’s orders following the collision he was never able to return, and the business eventually closed 16 months after the collision. Past lost earnings were $26,114.00. Plaintiff was evaluated by Mr. Sells and determined he had plans pre-collision to become a welder, earning $31,000 a year starting, but could not pursue that vocation following the collision because of his physical limitations. Alternate careers would have earned $24,000 to $29,000 a year. Craig Enos, CPA provided an economic damage analysis on the loss of earning capacity totaling $461,827.00 through age 67. Total claimed economic damages were $728,027.29. Plaintiff suggested jury award $325,000.00 in past and future general damages. Defendant’s sole expert was Eldan Eichbaum, MD who performed a record review and cursory twenty minute history and exam. Our nurse witness documented that Dr. Eichbaum failed to perform much if any true orthopedic testing and never had Plaintiff remove any clothing other than socks. Dr. Eichbaum opined that Plaintiff (who was age 24) had degenerative disc disease, that his work in the hay business caused it, and that he needed no future care of any kind. He also opined that Plaintiff should refrain from any heavy lifting, or twisting or bending at the waste, but this was not because of injuries from the collision. Dr. Eichbaum agreed that all care rendered to date was reasonable and necessary. Defendant’s counsel suggested the jury award $13,200.00 for six months past lost earnings, award stipulated medical expenses of $33,084.29, and award $10,000.00 total in general damages. Defendant attempted to introduce into evidence Facebook postings of Plaintiff at a renaissance faire wearing 40 lbs of armor. The images were of Plaintiff one year before the collision, wearing a piece of armor he made but had not worn since the collision. After several hearings, the judge precluded the defense from showing it to the jury. Plaintiff’s CCP 998 Offer of Compromise for $350,000.00 expired when the jury was sworn. Defendant’s Offer for $150,001.00 expired when the jury was sworn. The jury awarded $361,200.29 as follows: $26,114.00 in past earnings, $33,084.29 in past medical, $207,002.00 in future medical, zero for future lost earnings/loss of earning capacity, and $50,000 in past general damages with $45,000 in future general damages. The jury declined to award future lost earnings. Since the verdict exceeded Plaintiff’s Offer, Plaintiff will recover expert expenses, prevailing party costs, and pre-judgment interest of approximately $27,501.91 for a total recovery of $388,702.20.

Personal injury

John Doe v. Farmers Insurance

Jun 01, 2014

OUTCOME: $287,000 binding arbitration award

EXCELLENT RESULT FOR A GREAT CLIENT AGAINST HIS OWN INSURANCE COMPANY!. Secured $287,000 binding arbitration award against the largest national auto insurance carrier after two years of litigation, an ... d a litany of excuses from the carrier. Client was collided into by a large SUV, rendered unconscious briefly and later diagnosed with vertigo, visual disturbances and shoulder injuries. The defense tried for months to deny client compensation for visual disturbances and vertigo, but through careful and measured use of experts I was able to convince the arbitrator that a steroid prescribed to my client to treat his vertigo resulted in causing central serous retinopathy (CSR)., 2014

Personal injury

Bad Faith Claim Rights The Wrongs

May 01, 2012

OUTCOME: $16,000 in bad faith damages to my clients

I represented two clients who were injured by a drunk driver. The drunk driver was underinsured, carrying only $30,000 in coverage. Defendant had 2 passengers who were also injured. Defendant's insu ... rance company unilaterally chose how to distribute the $30,000 and decided for my clients that they would receive only $3,000 for their claims which combined had a value of about $20,000. $27,000 of the policy limits were paid out to the other claims, without ever obtaining my client's consent or agreement to the distribution. On my advice, my clients declined to sign a release of all claims in exchange for half-pennies on the dollar and we litigated the case for 2 years, eventually obtaining a judgment against the defendant driver for $19,000. Defendant was imprisoned for her DUI with injury charges and quickly assigned to my clients her rights against her insurance company for bad faith handling of the claim and for exposing defendant to more liability than the policy provided for when it paid some of the claimants without resolving all the claims within the policy limit first. Defendant insurance company paid its $3,000 in partial satisfaction of the judgment but refused to pay the remaining $16,000.

Personal injury

Defendant forced to sell 2nd home to satisfy settlement

May 01, 2009

OUTCOME: After 18 months of litigation, we forced defendant to sell his second home for $700,000 to contribute to the settlement, in addition to the $500,000 from insurance.

Defendant, a career DUI driver, hit my husband and wife clients' vehicle head-on, and forced their vehicle off the road. Defendant's BAC level was .19%. He was convicted of felony DUI and imprisoned ... for 3 years. Defendant owned two homes, his primary residence and an inherited property. Defendant only had $500,000 in liability insurance.

Personal injury

Jane Doe v. State Farm

Dec 16, 2008

OUTCOME: State Farm pays $40,000 more than its last offer

On April 18, 2005, Ms. Doe was hit head-on by an uninsured motorist driving a stolen vehicle. Her vehicle was a total loss and there was significant cabin intrusion in the center of the vehicle which ... impacted claimant’s right knee. At the scene and en route to the hospital, claimant complained of left shoulder pain, chest pain, right knee pain and right arm pain. She was diagnosed at the ER with a right elbow fracture, chest contusion, and contusions to her right knee. Xrays of the right knee were negative for fracture. Ms. Doe’s right knee pain complaints persisted. She sought care with an orthopedist who diagnosed her with a possible meniscus tear and suggested an MRI. The MRI revealed a mild sprain of the anterior aspect of the medial collateral ligament (MCL). Despite a course of physical therapy, a right knee brace, cortisone injections, hyaluronic acid injections, the right knee pain persisted. A diagnostic arthroscopy was recommended. In March 2007, Ms. Doe sought a second opinion from a second orthopedist who injected Ms. Doe’s knee with lidocaine and Aristocort, a corticosteroid. This orthopedist also suggested a diagnostic arthroscopy. Ms. Doe was a high-end real estate agent and broker when the collision occurred. She specialized in selling high-priced existing homes, and in selling and marketing small exclusive developments. As a result of the debilitating right knee pain, Ms. Doe was unable to work on her existing listings nor was she able to continue to market her services or attend industry events. In the three years prior to the collision, Ms. Doe earned an average of $152,000 a year. The year of the subject collision (2005), she earned only $44,500. A claim was made to State Farm for uninsured motorist benefits and included $30,159.53 in medical expenses and only $34,950 in lost earnings. Despite providing the carrier with five years worth of tax returns and commission statements, as well as listing agreements and expert opinion, State Farm refused to pay anything on the lost earnings claim. The last offer from State Farm before litigation was $15,500 in new money in addition to the $5,000 in medical payments already paid. Total claim value according to State Farm was $20,500. Arbitration was demanded. After written discovery and a deposition was completed, Ms. Doe attended a defense medical examination (DME) who agreed with Ms. Doe’s orthopedists that she had instability in the right knee and agreed that a diagnostic arthroscopy was appropriate. Shortly after the DME, Ms. Doe returned to her first orthopedist and chose to go forward with the arthroscopy. The procedure resulted in a debridement of synovial fat pad. Although right knee pain and swelling persisted for a few months following the procedure, the right knee eventually became fully functional and relatively pain free. Even after State Farm's own doctor agreed that the arthroscopy was necessary, State Farm increased its new money offer to only $53,500, with zero compensation for lost earnings. Claimant served a C.C.P. §998 for $100,000, the policy limit. Arbitration with Don Walter was completed on December 16, 2008. Mr. Walter was visibly impressed with Ms. Doe’s credibility. State Farm did not dispute the nature and extent of claimant’s injuries or disability, it only disputed the lost earnings claim. At the end of the hearing, claimant asked the arbitrator to make a determination of value regardless of the policy limit. State Farm’s counsel mandated that he could only award a maximum of the policy limit. Mr. Walter agreed he could only award a maximum of the policy limit. Within one week, Mr. Walter awarded claimant $92,967.00 including $35,000.00 for lost earnings. State Farm refused to pay the full award and would only pay the award less $5,000 in medical payments benefits. State Farm eventually agreed to pay the entire award of $92,967.00.

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