Tomas Tolento v. Demolition Services, Inc.
Jul 07, 2017OUTCOME: $4,000,000
Construction Site Fall Accident
Long Beach, CA
Car accident Lawyer at Long Beach, CA
Practice Areas: Car Accidents, Slip and Fall Accident ... +2 more
OUTCOME: $4,000,000
Construction Site Fall Accident
OUTCOME: $1,000,000
Case Facts: On 10/10/15 at about 5:00 a.m., Plaintiff, an USC graduate student, fell out of an apartment window while visiting a classmate and suffered severe spinal cord injuries. Plaintiff’s Con ... tentions: Plaintiff alleges that the subject window was not code compliant and that the apartment owner failed to place a window guard that would have prevented the fall. Financial Information: Injuries: Multiple thoracic level fractures resulting in paraplegia. Results: Plaintiff settled with the landlord’s insurance carrier for the policy limits of $1,000,000.
OUTCOME: $15,200,000
Auto crash at intersection
OUTCOME: $1,000,000
Case Facts: This is a products liability case. Plaintiff Saul Rodriguez worked for a temp agency and was assigned to work at Ken Small Construction as a “helper.” Ken Small Construction was installi ... ng 8” water pipe in an oil field in Bakersfield. Ken Small workers hoisted a heavy water pipe onto a pipe stand which was manufactured by Blackjack Machine & Fab, Inc. and distributed by Praxair Distribution, Inc. so that it may be cut. The terrain was hilly and uneven. The pipe was not tied off or secured in any way other than the weight of the pipe supporting the pipe on the stand. The stand was designed for use on solid, even grounds. The base of each leg was small, measuring approximately 2” x 2”. When the pipe was placed on the stand in the oil field where the ground was made of dirt and uneven, the weight of the pipe caused one or more legs of the stand to dig into the dirt, causing the stand to tip and the pipe to fall on plaintiff’s foot. Plaintiff’s suffered a crush injury, resulting in a below the knee amputation. Plaintiff Contentions: Plaintiff sued the manufacturer and distributor of the stand, contending that the stand was defective in design, manufacture, and warning. Plaintiff sued Ken Small Construction, contending its employees were negligent in not tying off the pipe before instructing plaintiff to work on the pipe. Plaintiff challenged the worker’s compensation lien because of employer’s negligence. Defendant Contentions: The manufacturer and distributor denied that the stand was defectively designed, manufactured, or that there was a failure to warn. To the extent that there was a failure to warn, plaintiff was a sophisticated user of the product and thus, no warning was necessary. Ken Small Construction contended that any claims against it was barred by worker’s compensation exclusivity rule. Plaintiff-in-Intervention contended that it was entitled to $535,690, representing its full worker’s compensation lien plus credit for future benefits. Financial Information: Injuries: Below the knee amputation. Results: Plaintiff settled with the manufacturer and distributor of the stand for the policy limits of $1,000,000. Ken Small Construction obtained a summary judgment on worker’s compensation exclusivity. Plaintiff and Ken Small Construction agreed to a waiver of costs in exchange for a waiver of appeal. Plaintiff and Plaintiff-in-Intervention agreed to a reduced lien amount of $75,000 without any future credit rights.
OUTCOME: $3,500,000
Plaintiff, age 5, suffered serious head injuries when his grandfather made a left-turn on a yellow light and their vehicle was broadsided by a Ford Bronco. The grandfather believed he had sufficient g ... ap time to make the left-turn when in reality he did not. The driver of the Bronco testified that he did not see the Plaintiff’s car until it was too late. The lawsuit was brought against the City of Modesto for installing a Protected/Permissive Left-Turn signal which required motorists to make judgment calls as to the amount of gap time they have to make and clear a wide left turn. Counsel argued that it was negligent of the City to put motorists in the difficult position to judge whether they have sufficient clearance time. Counsel showed that the City knew of the design problem and could have remedied the design problem before the accident and indeed, remedied the design problem after the accident, but far too late–a case of city bureaucracy delaying important traffic safety measures far too late.
OUTCOME: $950,000.00
Plaintiff was a nursing student in the NOCROP program. An unusual heavy rain storm hit Southern California in December 2008. A roof drain was clogged at the school building which lead to a pooling of w ... ater. The weight of the water caused the roof to collapse onto students in the building. Plaintiff sustained a neck injury which required a cervical fusion. Plaintiff contended that during the aftermath of the collapsed, she slipped and fell and injured her neck. Defendant disputed the extent of the injury and claimed that other parties were responsible for preventing the roof from collapsing. Over 25 depositions were taken in this case.
OUTCOME: $5,328,619.00
This case arose from a Red Line train accident that resulted in the amputation of Richard Nesbitt's right leg, above the knee. The pre-trial offer was $30,000 to settle the case which was rejected. Th ... e case was tried and the jury returned a verdict of $5,328,619. The jury attributed 50% comparative fault to plaintiff. The county appealed but later abandoned the appeal. The county paid the full judgment, plus costs and interest.
OUTCOME: $1,375,000.00
This a wrongful death case brought by the children of a woman who was killed in an auto crash when a drunk driver lost control of his car and caused a head-on collision. The drunk driver carried a min ... imal insurance policy of $100,000 which was paid to the half-sister of the Doe Children before any of the Doe Minor Children made a claim. The Doe Minor Children offered to settle their claims for $83,333.33 (5/6 of the policy because there were five remaining minor children who did not settle when their half-sister obtained the full policy). When the carrier refused, the children sued and recovered $1,375,000.00.
OUTCOME: $1,000,000.00
This was an auto versus pedestrian collision that occurred in Arizona. Plaintiff was employed by ABC Company which loaned him to XYZ Company, a sister corporation. While at work, Plaintiff was struck ... by a truck driven by XYZ Company's employee and sustained a fractured pelvis and nerve injury to his leg. Plaintiff sued XYZ Company which asserted that the claim was barred by worker's compensation exclusivity.
OUTCOME: $1,235,000.00
Plaintiff sustained third degree burns to his right foot during a home steam bath. Plaintiff alleged that the steam unit was defectively designed and that the manufacturer failed to warn of the proper ... installation and use of the spigot. He further alleged that the contractor failed to install the steam unit appropriately, leading to his injuries. Defendants denied that they were liable. They further claimed that plaintiff was comparatively at fault for falling asleep during the steam bath.