Attorney Miles Baker Cooper's Legal Cases

Personal injury

Jane Doe v. Berkowitz and Contra Costa County

Jun 13, 2005

OUTCOME: $5.8 million settlement

In November 2001, a 44-year-old female optician was driving her Isuzu Amigo north on Walnut Boulevard toward Concord Avenue in Contra Costa County. At the same time, Jerry Berkowitz was driving his Cad ... illac east on Concord toward the same intersection. Berkowitz failed to notice a stop sign and drove through the intersection, broadsiding Jane Doe's car. The collision partially ejected Jane Doe from the car, who was wearing her seatbelt. She sustained brain damage and numerous fractures. Berkowitz claimed he did not see the stop sign because the oleander bushes located on the adjacent property partially covered it. Jane Doe sued Jerry Berkowitz, the property owner, and Contra Costa County. Jane Doe contended that Berkowitz was negligent for failing to stop at the stop sign and for speeding. Jane Doe contended that the County was negligent because it had recently moved the stop sign closer to the oleander bushes, and after moving the stop sign, the County did not raise the sign to increase its visibility nor did it continue to trim the bushes away from the sign. The plaintiff also argued that the fence, trees and bushes on the property violated County ordinances, resulting in an inability to see crossing traffic. The matter settled before trial.

Personal injury

Dr. Doe v. Third and Mission Associate

Sep 08, 2004

OUTCOME: $6.5 million resolution consisting of a $5.4 million jury verdict and $1.1 million in costs and interest following defendants’ unsuccessful appeal.

Dr. Doe was walking when a board from a construction site fell and hit him. He contended that he his ability to perform surgery was impacted as a result. Defendant admitted liability but contended that ... Dr. Doe was not limited and was earning over $400,000 per year after the accident, above the average for orthopedic surgeons in his area.

Personal injury

The Hoffman Family v. Lakhbir Ram and Feely Trucking Corp.

Aug 16, 2004

OUTCOME: $1.75 million settlement

On September 12, 2001, a big rig tractor-trailer struck and crushed Michael Hoffman as he crossed Van Ness Avenue at Turk in San Francisco. An independent contractor, Lahkbir Ram, was hauling the trail ... er portion of the big rig, owned by Feely Trucking Corporation. Ram testified he stopped for the red light on Turk and was planning to make a right hand turn onto Van Ness Avenue. At the same time, Michael Hoffman was standing on the corner of Turk and Van Ness, waiting to cross Van Ness. The light on Turk Street turned green and the pedestrian signal indicated that it was safe to cross the street. At this point, an eyewitness observed Mr. Hoffman step off the curb and begin to cross Van Ness. Mr. Ram turned onto Van Ness, swinging his cab wide in order to compensate for the narrower turning radius of the trailer wheels. The truck cab crossed in front of Michael Hoffman, cutting him off in the crosswalk. The trailer struck Mr. Hoffman, knocked him to the ground, and crushed him with the rear right tires. Mr. Hoffman, a loving husband and father, succumbed to his injuries two hours after the accident. The matter settled before trial

Personal injury

Vu v. McNulty

Jun 01, 2004

OUTCOME: $3 million settlement

On August 23, 2002, Joan Vu was a pedestrian waiting to cross the street at the corner of Taylor and O'Farrell. Stopped at the red light in the far right lane of O'Farrell, at Taylor, was a Ford Taurus ... . O'Farrell is a three lane one-way street in that area. The Taurus, driven by an individual unfamiliar with San Francisco, arrived at the intersection of O'Farrell and Taylor and was the first car at the light. He realized that he needed to make a left turn onto Taylor. As the light turned green, he made an illegal left turn in front of the other two lanes to his left. McNulty was driving a Jeep Cherokee in the middle lane of O'Farrell approaching Taylor Street. He was timing the lights, and had noticed that there were no cars in the far left lane. Anticipating that the light would turn green just as he crossed the intersection, he approached the changing light driving between twenty-five to forty miles an hour. He struck the left rear quarter panel of the Taurus, as it turned in front of him, propelling it sideways and up onto the curb. The Taurus slid into Joan Vu, pinning her between the car and a streetlight. She sustained severe crush injuries to her legs and her leg was subsequently amputated. The matter settled before trial.

Personal injury

Mechanics et al v. Yellow Cab Cooperative, Inc

Mar 15, 2004

OUTCOME: $3.6 million jury verdict

On April 17, 2000, at about 10:30 p.m. four United Airlines employees had gotten off work at San Francisco International Airport. The United employees were three airplane mechanics and a customer servi ... ce representative. An airport shuttle bus took the four employees from the airport terminal to the employee parking lot. The bus was traveling behind a Yellow Cab as it entered the on-ramp for U.S. 101 north. While approaching the highway the Yellow Cab driver saw a woman, off to the side of the on-ramp, and thought she might be a potential fare. He slammed on his brakes and stopped his cab in the middle of the on-ramp, about 20 feet before it merged with the freeway. The bus driver, distracted by someone saying there was a woman near the on-ramp, did not notice that the cab was stopping in the middle of the on-ramp. Once the bus driver realized that the cab was stopping, he slammed on his brakes, causing the passengers to come out of their seats. The shuttle bus hit the back of the taxi, causing minimal damage to both vehicles. One individual suffered a broken ankle and was off work for about four months. The three other individuals returned to work after a couple of days. As time progressed, each of the other plaintiffs noticed that their injuries were not healing and sought medical treatment. Each sustained permanent medical injuries and limitations in their ability to perform their occupations.

Personal injury

John Doe v. Black Corporation

Jun 30, 2003

OUTCOME: $5.7 million settlement

Late at night on November 19, 2000, a Toyota Camry traveling at 90 miles per hour on U.S. 101, north of San Francisco International Airport, hit another car. The Camry spun out of control and crashed i ... nto a concrete support column. The 21-year-old driver, John Smith, was driving without a license, drunk, and high on cocaine. The impact killed John Smith. His 20 year-old passenger John Doe suffered numerous fractures and traumatic brain injury. Smith was an employee of Black Corporation a car sales, repair, and rental business. A co-worker at Black Corporation rented the car to Smith. Black Corporation provided employees with cars in violation of the California Vehicle Code. Black Corporation repeatedly rented cars to John Smith even though he was under the age of 25. The Black Corporation rental-managing agent conspired with John Smith to have his mother rent the car under her name. The managing agent stated that she only had to come down the first time, and that Smith could rent the car using his mother's information after that. The California Vehicle Code requires a rental company to confirm that the person that they are renting to possesses a valid driver's license. Had Black Corporation done so, they would have learned that Smith's license was suspended. Black Corporation was also aware that Smith had a history of drug and alcohol abuse and reckless operation of cars. He was caught smoking marijuana at work and the general manager of Black Corporation observed John Smith and his friends doing drugs at an office party. Smith had also previously damaged a Black Corporation rental car. John Doe's injuries were so extensive that he will require 24-hour attendant care for the rest of his life and will never work again. The matter settled before trial.

Personal injury

Eagles v. Albertsons

Jun 05, 2003

OUTCOME: $8.1 million resolution consisting of a $6.4 million jury verdict and $1.7 million in costs and interest following Albertson’s unsuccessful appeal.

In September 2000, fifty-eight year-old James L. Eagles was working as a truck driver for Kings County Truck Line. On the day of the accident, he was making a delivery to Albertsons, Inc.'s Brea Distri ... bution Center. After arriving at the warehouse and while speaking to a receiver on the loading dock, a 9,200-pound stand-up electric forklift owned by Albertson and operated by an Albertson's employee ran over his left foot. The forklift crushed his foot and trapped James Eagles under the forklift for about five minutes. The Albertson's employee claimed that he lost control of the forklift due to an electric malfunction, which resulted in a loss of power steering and power braking. The employee did not use the forklift's emergency brake, which would have brought the vehicle to an immediate stop. James Eagles contended that the operator was negligent. Eagles, recognizing that the forklift was not defective, dismissed the forklift manufacturer before trial. Albertson's persisted with its claims of contribution against the forklift manufacturer. The jury determined that the forklift was not defective and that Albertsons was responsible for James Eagles' harm. The case tried to verdict and the verdict was upheld following an unsuccessful appeal by Albertson's.

Wrongful death

Dean v. Fedco

Feb 08, 2002

OUTCOME: $1.16 million jury verdict

William K. Dean, husband and father was struck and killed by a Fedco truck as he was working as a tree trimmer in Calistoga, California. William's employer had assigned him to supervise the trimmin ... g of trees which were blocking power lines bordering the roadway. Orange cones and flags had been placed to mark the work area. A truck driver operating a 33,000 lb. tractor trailer rig struck William, as he was supervising the work of other tree trimmers. The impact caused William to be swept under the truck causing severe crushing injuries, internal bleeding and ultimately, death. The truck driver contended that William had stepped into the path of his truck, which was lawfully on the roadway and that William was therefore responsible for his injuries and death. The truck driver's demeanor at trial, including contradictory testimony under oath that he could stop his rig "on a dime" was cited by the members of the jury as the most significant factor in their decision.

Miles Baker Cooper's Legal Cases (18)

Jane Doe v. Berkowitz and Contra Costa County

Dr. Doe v. Third and Mission Associate

The Hoffman Family v. Lakhbir Ram and Feely Trucking Corp.

Vu v. McNulty

Mechanics et al v. Yellow Cab Cooperative, Inc

John Doe v. Black Corporation

Eagles v. Albertsons

Dean v. Fedco