Attorney Miles Baker Cooper's Legal Cases

Wrongful death

The Buzenus Family v. Red Company

Apr 19, 2010

OUTCOME: $8.75 million settlement

On February 12, 2008, John Doe and Jane Doe were riding motorcycles with friends while on vacation. They were headed southbound on U.S. 95. A Red Company employee, driving northbound on U.S. 95, made a ... left turn in front of the motorcycle. John Doe was injured and Jane Doe was killed. Mr. Doe watched his wife die at the scene. John was 56 years old and Jane was 53 years old at the time. They had been married 34 years and had three adult children, two sons and a daughter, age 32, 30, and 29, respectively. The Doe family lived in Alberta, Canada. They ran a successful small construction company that they had started in 1981. John Doe owned 51% of the company and Jane Doe owned 49%. John Doe was the president, Jane Doe was the office manager, the two sons ran construction crews, and the daughter helped in the office. Red Company admitted legal responsibility for the accident but contested the extent of the damages. Red Company contended that Jane Doe only worked 4 – 5 hours a day, that she functioned as a bookkeeper, that her husband earned the money and that Mrs. Doe’s earnings were really a profit pass-through used to take advantage of Canadian tax laws and reduce the Doe family’s taxes.

Wrongful death

The Doe Family v. ABC Manufacturing and XYZ Machinery

Apr 12, 2010

OUTCOME: $5.75 million settlement

In January 2008, Marge Doe, a 26-year-old wife and mother of a 5-old girl, was working at ABC Manufacturing Co. in San Francisco. She and a coworker were changing a die on a creasing-and-cutting mach ... ine. Marge was leaning into the machine, her body stretched between the platens. Without warning, the machine started. Before Marge could extract herself, the platens closed, trapping and crushing her. She died before firefighters could extract her from the machine. Plaintiffs, the surviving husband and daughter of Marge Doe, sued ABC Manufacturing for Marge’s wrongful death. Although injured workers are generally limited to workers’ compensation benefits when they are injured on the job, California has a statutory exception statute allowing workers injured in power-press accidents the right to sue in civil court if their injuries are attributable to the removal or noninstallation of guards on power presses. The Does argued that the machine was a power press and defective. Plaintiffs also sued XYZ Machinery for strict products liability for importing and selling a defectively designed machine. Plaintiffs consulting experts identified a number of design flaws in the installed safety mechanisms. Alternatively, the machine could have been equipped with a pressure mat for the operator to stand on. If there is no weight on such a mat, the machine will not operate. Plaintiffs were unable to sue the manufacturer as it was located in China and beyond the Court’s jurisdiction for enforcing a judgment.

Personal injury

Doe v. Acme Transport

Sep 11, 2009

OUTCOME: $2.4 million jury verdict

A Sonoma County jury found defendant Acme Transport 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, drivi ... ng 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. Doe’s medical restriction from work arguably ended in July 2006. Defendant further argued that Doe had not had any real medical care or treatment since January 2007. Contending that Doe’s decision to return to school instead of obtaining a job was a lifestyle choice, defendant focused its case on Doe’s decision not to return to work. McGuinn and Cooper, Doe’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 Doe’s formal Offer to Compromise, the total judgment will be over $2.4 million. Over $1 million of the verdict was for general damages.

Personal injury

Michael Mechanic v. Defendant Driver

Dec 01, 2008

OUTCOME: $1.5 million settlement

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 mir ... rors, 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 Driver's primary and excess policy limits.

Personal injury

Paula Programmer v. AC Transit

Aug 01, 2008

OUTCOME: $2.75 million settlement

On September 1, 2005 Programmer boarded her regular AC Transit bus to get home from work. As Programmer was holding onto a handrail for support and stepping up to a seat, the bus driver drove away from ... the bus stop. Programmer, whose left ankle was crushed in a 1989 car accident, had a fused left ankle and wore a rocker-bottom shoe, making her mobility limitations obvious although she did not use a disabled bus pass. Despite bracing herself with the handrail, the sudden movement threw Programmer to the floor, tearing her skin on the outside of her left ankle. The wound caused a reoccurrence of a bone infection called osteomelytisis, and intense neuropathy. Programmer's orthopedic surgeon determined that a below-the-knee amputation was the only solution for her intense pain. The matter settled before trial.

Personal injury

Sarah Student v. Nina Nanny

Aug 01, 2008

OUTCOME: $1.2 million settlement

In September 2006, 28-year-old Sarah Student was walking her regular route to take MUNI home from San Francisco State University where she was a junior. After waiting for the pedestrian signal permitti ... ng her to walk, Student began to cross the busy intersection on the outer edge of a group of other pedestrians. Nina Nanny, driving a late-model Volvo, failed to stop at the light. The Volvo struck Student on the left side of her body throwing Student onto the hood of the car, which she dented with her body. Student then fell to the ground striking her head on the pavement. Nanny, who was driving her employer's car with permission, was late to her class at San Francisco State University where she had an exam. Although Nanny saw that the light at the intersection was yellow she tried to make in through to avoid waiting for a red light. Student suffered a C5-6 herniation causing chronic pain in her neck radiating into her right shoulder, requiring an anterior cervical disk fusion. Student also suffered a mild traumatic brain injury which caused significant cognitive deficits including diminishment in Student's short-term memory, concentration, and mental stamina. Student met the criteria for mild traumatic brain injury even without a definite loss of conscious due to her period of posttraumatic amnesia followed by confusion, and cognitive, emotional, and physical symptoms which persisted beyond one-year post accident. While Student may benefit from learning compensation strategies, she will not improve organically to recover her pre-accident status. The matter settled before trial.

Personal injury

Juan Diaz v. Errant Delivery Co.

Jan 12, 2007

OUTCOME: $5.5 million settlement

Two men were at walk-up windows in San Francisco. An Errant Delivery Co. delivery car left the roadway, went up the wheelchair ramp at that corner, across the sidewalk, and into the walk-up windows. Th ... e two men, Juan Diaz and John Doe, were crushed between the car and the building. Doe, then 58 years old, suffered traumatic amputation of both legs above the knee. Diaz, then 27 years old, sustained a severe crush injury to his left leg. The Errant Delivery Co. driver contended that the car's brakes had failed and that the only place for him to go was into the building. Witnesses, including a passenger in the car, contradicted his statement and said that he appeared to lose consciousness and veered into the building. A subsequent inspection of the vehicle determined that there was no vehicle malfunction. The impact speed was approximately 25 miles per hour. In early 2005, Errant Delivery Co.'s counsel contacted plaintiffs' counsel to say that Errant Delivery Co. acknowledged responsibility for the accident but that it was too early to put a value on the case. Errant Delivery Co. wanted to make a pre-resolution partial settlement payment to provide plaintiffs with the financial resources they would need to get by until the case was resolved. Errant Delivery Co. provided plaintiffs with over $1 million at that point. This early display of good faith allowed the parties to continue discussions and eventually reach a resolution that provided plaintiffs with sufficient compensation without forcing Errant Delivery Co. into bankruptcy. As a result, the plaintiffs were justly compensated and over 1,000 employees at Errant Delivery Co. were able to keep their jobs.

Personal injury

Kaz v. Berkeley Concrete Pumping Co.

Nov 15, 2006

OUTCOME: $2.1 million jury verdict

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

John Smith v. Road Construction Co.

Dec 12, 2005

OUTCOME: $1.6 million settlement

John Smith, a 44-year-old diesel mechanic employed by Equipment Rental Co., was injured at a Road Construction Co.'s work site. Smith was walking by the boom of an Equipment Rental Co. excavator, which ... had a known history of tracking problems. He was guiding the excavator from one point to another. Attached to the boom of the excavator was a 7,000-pound power pack and shaker. The excavator, driven by a Road Construction Co. employee, mis-tracked, causing the load to swing toward John Smith. Smith put his arm out to stop the load as he saw it coming towards him. The force of the load knocked Smith to the ground. John Smith got up, finished his shift, and reported the accident to his supervisor the next day. John Smith continued to work for the following two months, until numbness and weakness in his hand prevented him from being able to continue working. Smith contended that the Road Construction Co. employee operating the excavator was a substantial cause of the incident and that they were aware that the excavator was not suited for its intended use. Mr. Smith suffered injuries to his right arm, shoulder, and neck because of the impact. He received extensive treatment, including three cervical surgeries. His treating doctors determined he was not able to return to his customary occupation. The matter settled before trial.

Personal injury

Joe Truckdriver v. Commercial Plant

Aug 31, 2005

OUTCOME: $2.8 million settlement

On May 1, 2002, Joe Truckdriver was making a delivery to Commercial Plant when a forklift crushed his leg. Commercial Plant employee, Forklift Operator, was driving the forklift. Joe Truckdriver, a lif ... e-long driver employed by Trucking Company, was at Commercial Plant to pick up a load of material. When the accident occurred, the forklift was loading Joe Truckdriver's truck. Joe Truckdriver testified that Forklift Operator had stopped loading the truck and stopped the forklift. Joe walked over to Forklift Operator, who was sitting in the forklift and the two had a conversation about loading procedures. At the end of the conversation, Joe turned to walk away and took a few steps. Forklift Operator started the forklift before Joe had cleared the turning radius of the forklift. As Forklift Operator accelerated, the rear left wheel of the forklift caught Joe's right foot and lower leg. He suffered a severely broken ankle and serious damage to the lower part of his leg. Defendant contended that Joe had approached the forklift from behind while it was operating. During the next year, Joe underwent treatment, including multiple reconstructive surgeries and multiple skin grafts. He suffered recurrent infections and continuous pain from his injury. His doctor determined that it was necessary to perform a below-the-knee amputation. On September 15, 2003, doctors amputated Joe's lower right leg. Joe was off work for approximately nine months. Even though he was unable to return to truck driving, his employer rehired him as a trucking dispatcher. The matter settled before trial.

Miles Baker Cooper's Legal Cases (18)

The Buzenus Family v. Red Company

The Doe Family v. ABC Manufacturing and XYZ Machinery

Doe v. Acme Transport

Michael Mechanic v. Defendant Driver

Paula Programmer v. AC Transit

Sarah Student v. Nina Nanny

Juan Diaz v. Errant Delivery Co.

Kaz v. Berkeley Concrete Pumping Co.

John Smith v. Road Construction Co.

Joe Truckdriver v. Commercial Plant