Jury Verdicts

MCDANIEL vs. ASCUNCION

CASE NO. : 266577

COURT : Bakersfield

JUDGE : Hon. William Palmer

TYPE OF CASE : Wrongful Death/Motor Vehicle

RESULT : Defense Verdict

ATTORNEYS : For Plaintiffs: Nichols & Young, Steve Nichols/Thomas Brill, Bakersfield; For Defendant Loyd Asuncion: Mark G. Cunningham, Law Offices of Mark G. Cunningham, APC, Woodland Hills; For Defendant Estate of Edward Murotani: Michael Griott, Esq., Santa Ana.

FACTS/CONTENTIONS : Defendant Edward Murotani was driving eastbound on Highway 58. He suffered a diabetic attack and went into a semi-conscious state. He crossed the center divider and became disabled in the westbound lanes. His car caught on fire and began smoking. Shortly thereafter, another motorist failed to stop in time and struck Murotani’s vehicle. Decedent, Steven McDaniel, saw the two disabled vehicles and stopped to render aid. He retrieved a fire extinguisher from his vehicle. He stood next to the Murotani vehicle trying to put out the fire. As he was doing so, a motorist was unable to stop and struck the vehicles, which struck the Decedent and threw him about 17 feet onto the highway. Shortly thereafter, several other motorists approached the scene. Because of the darkness and thick dark smoke, they were unable to see and forced to swerve around the wreckage. Defendant Loyd Asuncion was one of the last motorists to arrive. He swerved to avoid the wreckage, but ran over Decedent while doing so. Plaintiffs were the wife and daughter of Decedent. They claimed that defendant Murotani was negligent by failing to pull over once he began to realize he was having a diabetic attack. Plaintiffs claimed that defendant Loyd Asuncion was negligent because he was inattentive and driving at an unsafe speed. Plaintiffs also claimed that Decedent was still alive when Asuncion ran over Decedent. Defendant Asuncion claimed that he was not negligent under the circumstances and that Decedent was already dead before he ran over the body.

DECEDENT : Steven McDaniel, age 59. Plaintiffs were the wife and daughter.

CLAIMED DAMAGES : Economic loss-$1,367,741; Non-Economic loss-$7,000,000.

VERDICT : $3,367,741.00; Defendant Murotani found 85%; Defendant Asuncion found not negligent; Others found $15%.

EXPERTS : For Plaintiffs: David Yoshida, Ph.D., Accident Reconstruction, Palo Alto; Marvin Pietruszka, M.D., Pathologist, Reseda; Joseph P. Pestaner, M.D., Pathologist, North Carolina; Phillip H. Allman, Economist; David Posey, M.D., Pathologist, La Canada; Kenneth Pearl, Accident Reconstruction, Woodland Hills.

JACKSON vs. DAVID WALL TRUCKING

COURT/DATE : Los Angeles Superior-Central, April 5, 2004

CASE NO. : BC287698

JUDGE : Teresa Sanchez-Gordon

ATTORNEYS : Plaintiff-Sandor C. Fuchs (Law Offices of Sandor C. Fuchs). Defendant David I. Wall-Mark G. Cunningham (Law Offices of Mark G. Cunningham).

MEDICAL EXPERTS : Plaintiff-Wilson Del Pizzo, M.D., orthopedic surgery, Los Angeles; Jacob Tauber, M.D., orthopedic surgery, Beverly Hills; Ronald Fisk, M.D., neurology, West Los Angeles. Defendant-Adam Mamelak, M.D., neurology, Pasadena .

TECHNICAL EXPERTS : Plaintiff-Daniel Voss, accident reconstruction, Los Angeles ; Sandy Anfuso, vocational rehabilitation, Los Angeles ; Jubin Merati, Ph.D., economist, Century City . Defendant-Roderick Stroud, Ph.D., accident reconstruction, Westlake Village ; Wayne Lancaster, economist, Los Angeles .

FACTS : Defendant David I. Wall was driving a tractor and pulling two bottom dump trailers filled with asphalt grindings on the 134 freeway at about midnight . Defendant Kent Kuramoto, driving a pick-up truck, struck the back of the trailer and lost control, skidding across the freeway and coming to a stop on its side. Plaintiff, in her early twenties, a registered nurse, came driving by and saw the disabled vehicle. She went over to the vehicle, as did others, to render aid. Plaintiff was standing behind the disabled vehicle when defendant Sarkis Katrdzhyan, a teenager, approached the disabled vehicle at a high rate of speed. He was unable to stop and stuck the disabled vehicle, knocking it into plaintiff, who was thrown to the pavement.

PLAINTIFF CONTENTIONS : Plaintiff contended Wall was negligent by failing to properly secure the load of asphalt he was carrying and therefore started the multi-vehicle accident. She contended a piece of asphalt came off the back of the trailer striking the windshield of the Kuramoto pick-up truck, which caused Kuramoto to lose control and strike the back of the trailer, which caused the pick-up truck to flip on its side and skid across the freeway. Plaintiff contended Kuramoto's claim that an object struck his windshield was credible and consistent with the damage to the windshield and the type of asphalt Wall was carrying that night.

DEFENDANT CONTENTIONS : Defendant contended Kuramoto and Katrdzhyan caused the accidents that injured plaintiff. Defendant contended the load of asphalt grindings was properly inspected and secured. He contended it was not possible for the object described by Kuramoto to come out of the trailer. He contended that considering the lighting conditions, Kuramoto could not have seen an object as claimed. He further contended the damage to the Kuramoto windshield was not caused by an object, but by the Katrdzhyan vehicle.

INJURIES : Right skull fracture and brain trauma resulting in mild to moderate cognitive disorder, tear of the MCL and ACL in the left knee resulting in surgery, and right shoulder A/C joint separation resulting in surgery and disfigurement.

SPECIALS IN EVIDENCE : Past Meds-$92,415.95; Past LOE-$169,803; Future Meds-$62,400-$78,600; Future LOE-$1,276,167-$1,457,649.

SETTLEMENT DISCUSSIONS : Plaintiff demanded Wall's $750,000 policy limit. Wall offered $150,000.

VERDICT : Defense for Wall.

OTHER INFORMATION : Plaintiff settled with Kuramoto for his $100,000 policy and with Katrdzhyan fo his $100,000 policy limit.

MEDINA vs. PAUL CHAMBERS TRUCKING COMPANY

COURT/DATE : Los Angeles Superior-Norwalk, September 16, 2004

CASE NO. : VC040323

JUDGE : Daniel Solis Pratt

ATTORNEYS : Plaintiff-Charles C. Ryan & Gary S. Simkins (Simkins & Ryan). Defendant Paul Chambers Trucking Company-Mark G. Cunningham (Law Offices of Mark G. Cunningham).

MEDICAL EXPERTS : Plaintiff-Kevin Shamlou, M.D., orthopedic surgery, Los Angeles ; Jeffrey Gross, M.D., orthopedic surgery, Orange County . Defendant-Richard Rosenberg, M.D., orthopedic surgery, Tarzana; Stephen Rothman, M.D., radiology, Los Angeles .

TECHNICAL EXPERTS : Plaintiff-Merkel Weiss, accident reconstruction, Los Angeles ; Steve Magallenes, vocational rehabilitation, Los Angeles ; Joyce Pickersgill, Ph.D., economist, Los Angeles . Defendant-Roderick Stroud, Ph.D., accident reconstruction, Westlake Village ; Wayne Lancaster, economist, Los Angeles .

FACTS : This dispute arose out a motor vehicle accident, which occurred on 10/28/02 , at the intersection of Colima Rd. and Mar Vista Ave., in Whittier . Defendant Raul Lopez was driving a 1980 Peterbuilt tractor, owned by Defendant Paul Chambers Trucking Company. Plaintiff was driving a 1996 Dodge Caravan. Lopez was traveling on Colima Road which had two traffic lanes. He was delivering 25 tons of sand from Irwindale to a job site in Whittier . He was heading down a steep grade on Colima Road . He began braking as he approached the intersection of Mar Vista . As he got closer to the intersection, going about 35 mph, he realized he could not stop in time and decided to split the traffic stopped at the intersection for a red light. Plaintiff's vehicle was one of the stopped vehicles. Lopez struck the side of plaintiff's vehicle as the truck split the vehicles.

PLAINTIFF CONTENTIONS : Plaintiff contended Lopez was negligent by driving at unsafe speed. Plaintiff further contended Paul Chambers Trucking was negligent by failing to maintain the truck and for negligent entrustment.

DEFENDANT CONTENTIONS : Defendant conceded liability. He contended this was a modest side-swipe truck accident and plaintiff was overstating his claimed damages. Defendant disputed the nature and extent of the claimed injuries, and the necessity of the treatment.

INJURIES : C5-6 disc herniation with radiculopathy, L4-5, L5-S1 lumbar disc herniation with annular tears bilateral radiculopathy, thoracic outlet syndrome, depression and anxiety.

SPECIALS IN EVIDENCE : Past Meds-$56,438.29; Past LOE-$80,806; Future Meds-$319,000; Future LOE-$815,000.

SETTLEMENT DISCUSSIONS : Plaintiff demanded $1 million policy limit. Defendants offered $100,000.

VERDICT : $89,629.00.

EDERY V. R & H TRUCKING

COURT: Van Nuys

JUDGE: Bert Glennon, Jr.

ATTORNEYS: Plaintiff-George Goldberg; Defendants-Mark G. Cunningham

TECHNICAL EXPERTS: Plaintiffs-Dale Stephens, Accident Reconstruction; Stephen Riley-Economist; Defendants-Paul Herbert, Motor Carrier Safety

FACTS: This was a four vehicle accident, which occurred on 6/24/05, on the northbound 101 Freeway near the Winnetka Ave. exit. There were five lanes. Howard Friedowitz was driving a Toyota Camry in the number five lane in heavy traffic. David Dorfman was driving a Lexus GS 300 in the number four lane. Dorfman activated his right turn signal and after some time moved into the number five lane in front of Friedowitz. Friedowitz, believing he was cut-off, became angry. He tried to pass Dorfman on the right shoulder. As Friedowitz tried to move back in front of Dorfman, the Friedowitz car struck the Dorfman car causing Dorfman to move into the number four lane where he hit Decedent’s car as it was going by. Decedent was pushed into the number three lane was defendant truck driver was driving by in his tractor trailer. Decedent’s car went underneath the trailer and was crushed. Decedent was instantly killed. 

PLAINTIFF CONTENTIONS: Plaintiffs claimed defendant Buenrrostro was illegally in the number three lane in violation of Vehicle Code, §21655 prohibiting the operation of a commercial vehicle in a lane other than the two right lanes.

DEFENDANTS CONTENTIONS: Defendants argued defendant Buenrrostro acted reasonably by being in the number three lane because of traffic conditions and also because the freeway was going to narrow just past the accident scene.

DAMAGES: At trial, plaintiffs asked for approximately $1,272,000 in economic damages and $10,440,000 in non-economic damages.

SETTLEMENT DISCUSSIONS: Plaintiffs made a policy limits demand for $1 million. Defendants served a 998 offer for $10,000.

VERDICT: Defense.

OTHER INFORMATION: Friedowitz was found guilty of vehicular manslaughter and sentenced to four years in state prison.
 

JURINKEAK V. SWISS CLEANERS

COURT: Central

JUDGE: Hon. Irving Shimer

ATTORNEYS: For Plaintiff: Oscar R. Swinton, Esq. of the Law Offices of Oscar R. Swinton, Northridge; For Swiss Cleaners: Mark G. Cunningham, Law Offices of Mark G. Cunningham; For 10553 Santa Monica, LLC (property owner): Andrew H. Selesnick, Michelman & Robinson.

EXPERTS: None

FACTS: This was a slip and fall case. The incident happened on April 20, 2007, at about 10 a.m., at a Dry Cleaners called Swiss Cleaners. It was raining. Plaintiff came to the Cleaners wearing rubber flip-flops. She was not using an umbrella. As she was approaching the door to the Cleaners she slipped outside the door. She lost her balance and went forward inside the door where she fell on some steps inside the Cleaners.

CONTENTIONS: Plaintiff claimed the tenant and landlord were negligent in the use and maintenance of the property. She claimed the area where she slipped was painted, which caused the surface to become unsafe. Defendants contended the area was not unsafe and that plaintiff was the sole cause of the accident because she was hurrying and wearing improper footwear in the rain.

INJURIES: Plaintiff,s primary injuries involved her right elbow, neck and lower back. Plaintiff claimed an MRI of the cervical spine at C5, C5-6 and C6-7 showed disc protrusion and nerve root compression. Plaintiff claimed radicular symptoms into her left arm. She further she claimed a compression fracture along the superior vertebral body endplate at L2. Plaintiff claimed radicular symptoms into both legs, but primarily the left leg. She contended there was an abnormal motor nerve condition velocity study showing compression of the right upper ulnar nerve at the elbow, as well as the right cubital tunnel. Plaintiff further claimed she broke her partial upper dental bridge. She also suffered a cut on her elbow requiring several stitches with a resulting scar.

SPECIALS: Past Medical Specials: $14,599.00; Past Lost Wages: $34,750.00.

SETTLEMENT DISCUSSIONS: Plaintiff demanded $100,000 at mediation. She lowered her demand to $20,000 before trial. Defendant Swiss Cleaners served a 998 offer for $5,000. Defendant 10553 Santa Monica, LLC offered to waive costs.

VERDICT: Defense

OTHER INFORMATION: Defendants prevented plaintiff from admitting into evidence medical reports and bills, and documentary evidence of lost wages. Swiss Cleaners defeated the owner,s express indemnity claims.

MOUSHEGIAN V. J.I. GANDARA TRANSPORT, INC.

COURT: Case No.: Chatsworth

JUDGE: Hon. Holly Kending

ATTORNEYS: For Plaintiff: Brett Wolff, Esq., Vanni, Thon & Beck, Pasadena; For Defendant: Mark G. Cunningham, Law Offices of Mark G. Cunningham, Woodland Hills.

EXPERTS: For Plaintiff: Keith Miller, Accident Reconstruction; Dr. Quinn Fauria, DPM. For Defendant: Roderick Stroud, Ph.D., Accident Reconstruction, Thousand Oaks.

FACTS: This case involved a tractor-trailer v. motorcycle accident, which occurred on June 1, 2005 at about 5:30 p.m., on southbound San Fernando Rd. about 400 feet south of Magic Mountain Parkway. Defendant's driver, Ramiro Pulido, was operating a tractor-trailer combination. Plaintiff was operating a Yamaha Road Star Warrior motorcycle. Mr. Pulido was in the process of making a right turn into a driveway when the passenger side of the tractor was struck by the motorcycle. Mr. Pulido claimed that he was traveling eastbound on Magic Mountain Parkway and made a right turn onto southbound San Fernando Rd. There were two southbound lanes. The speed limit was 50 mph. He claimed that after completing his right turn he moved into the curb lane to allow vehicles to pass. After traffic had passed, he moved into the number one lane and activated his right turn signal. He looked in his mirrors and saw traffic behind him at Magic Mountain Parkway, almost 400 feet away. He began his turn. He was going about 10 mph. The front of the tractor reached the edge of the driveway when he felt an impact to the side of the tractor. In contrast, Plaintiff claimed he was traveling in the curb lane at about 45 mph. He saw the tractor-trailer in the number one lane. There was no turn signal. He claimed as he approached the truck it turned to the right without warning. Plaintiff claimed he was forced to take evasive action. He put the bike down and slid on his side into the side of the tractor.

PLAINTIFF CONTENTIONS: Plaintiff contended the truck driver made an unsafe turn without signaling.

DEFENDANT CONTENTIONS: The defense contended plaintiff was traveling at an unsafe speed and was inattentive. There were two witnesses. Both testified that the motorcycle was at the intersection when the truck began turning. Both testified the plaintiff was going fast as he was approaching the truck.

INJURIES: Plaintiff shredded a tendon in his left ankle. He underwent surgery including ankle stabilization by peroneal tendon transfer to the fibula, and removal of intra-articular fragment. The surgery resulted in a permanent loss of range of motion. Plaintiff testified he continued to have pain in the ankle. He also suffered serious burns with permanent scarring on his extremities and chest. His doctor opined he would need another ankle surgery in the future because of arthritis.

SPECIALS: Economic damages included past medical specials of approx. $65,000 and future medical specials of approx. $39,000. Plaintiff waived his lost wages claim.

SETTLEMENT DISCUSSIONS: Plaintiff's last demand before trial $250,000; Defendant made a 998 offer of $75,000. Plaintiff asked the jury for an award of about $400,000. The defense asked for a defense verdict.

VERDICT: Defense

STATE COMPENSATION INSURANCE FUND V. JARY DALE GASTINEAU

COURT: Central

JUDGE: Hon. Rita Miller

ATTORNEYS: For Plaintiff: Nick Mostert, Esq., Monterey Park; For Defendant: Mark G. Cunningham, Law Offices of Mark G. Cunningham, APC, Woodland Hills.

EXPERTS: For Plaintiff: Gil Tepper, M.D., Orthopedic Surgeon, Van Nuys; For Defendant: Roderick Stroud, Ph.D., Accident Reconstruction/Biomechanics, Thousand Oaks.

FACTS: Defendant Jary Dale Gastineau was driving a Toyota Corolla on the transition road from the I-5 Freeway to the 60 Freeway. There was a tractor-trailer combination to his left, being driven John Tyrrell. Traffic was stop and go. The truck was going about 10 mph. Defendant was going a little faster when he drifted into the truck's lane. The passenger side of the Toyota made contact with the right front corner of the truck's bumper. Plaintiff claimed the truck driver was forced to make an emergency stop, and in the process injured his knees on the dashboard and tore his right shoulder while trying to steer the truck. The truck driver made a claim for workers' compensation. He underwent surgery to his right shoulder and both knees. Plaintiff paid benefits of about $111,000.

CONTENTIONS: Defendant admitted liability, but argued causation.

SPECIALS: Medical and disability payments made to the truck driver in the amount of about $111,000. Plaintiff also claimed future permanent disability payments.

VERDICT: Defense

SETTLEMENT DISCUSSIONS: Defendant served a 998 offer in the amount of $7,500.

STAHLECKER V. UNITED INDEPENDENT TAXI

COURT: Santa Monica

JUDGE: Hon. Joseph S. Biderman

ATTORNEYS: For Plaintiff: Robert G. Dyer, Esq., Law Offices of Robert G. Dyer, San Diego; For Defendants: Mark G. Cunningham, Law Offices of Mark G. Cunningham, Woodland Hills.

MEDICAL EXPERTS: For Plaintiff: Richard Ivins, Ph.D., Neuro-Psychologist, Philadelphia; For Defendants: Lester Zackler, M.D., Neuro-Psychiatrist.

FACTS: Plaintiff, age 52, was in California on business. She was with a co-employee and friend, Emily Schwartz. They were spending the afternoon shopping on Rodeo Dr. in Beverly Hills. They were on the south side of Wilshire Blvd. when they spotted a store on the other side. Instead of crossing at an intersection, both women decided to cross mid-block, i.e. jaywalk. They crossed the westbound lanes on Wilshire Blvd. without incident. They came to the center median and momentarily stopped between two islands. Schwartz remained at the center median while looking in her purse. Plaintiff continued walking across the number one and two eastbound lanes and into the number three lane where she was hit by a Ford Crown Victoria, driven by Defendant Omran Sanusi, age 57.

CONTENTIONS: Mr. Sanusi claims he was going about 15 mph at impact. Plaintiff did not see the taxi until she was already in the curb lane. Defendants admitted liability and argued Plaintiff's comparative negligence.

INJURIES: Claimed brain injury with permanent cognitive and memory deficits; Orthopedic injuries including continuing lower back complaints. The defense argued that plaintiff had sustained a concussion that resolved, and that her continuing problems stemmed from pre-existing depression, and emotional issues related to the litigation.

SPECIALS: Past Medical Specials totaled approx. $25,000; Future Medical Specials approx. $7,000; Past Lost Wages totaled approx. $11,000; Future Lost Wages totaled approx. $146,000.

SETTLEMENT DISCUSSIONS: Plaintiff demanded $175,000; Defendants served a 998 offer for $16,000 new money (Defendants had purchased a worker's compensation lien that totaled approx. $17,000)

VERDICT: $89,345.72 gross; $35,738 net; Plaintiff's Comparative Fault: 60%.

STATHAS V. KIN TONG

COURT: Central

JUDGE: Hon. Joanne O’Donnell

ATTORNEYS: For Plaintiff: Timothy O’Connor, Esq., Sacramento and Brian Simon, Esq., Los Angeles; For Defendant: Mark G. Cunningham, Esq. of the Law Offices of Mark G. Cunningham, Woodland Hills

EXPERTS: For Plaintiff: Dr. Gregory T. Whitman, Neurologist, Los Angeles; Dr. Earl Warren Brien, Orthopedic Surgeon, Los Angeles. For Defendant: Dr. Jacob Tauber, Orthopedic Surgeon, Beverly Hills.

FACTS: This motor vehicle v. pedestrian accident happened on March 8, 2006, at about 5:30 p.m., at the intersection of Scott Ave. and McDuff St. in Los Angeles. Defendant Tong was driving westbound on Scott Ave. in a van. Plaintiff Stathas was walking eastbound on Scott Ave. Mr. Tong made a left turn onto McDuff St. as plaintiff was crossing the street. He struck plaintiff in an unmarked crosswalk. She fell and struck her head suffering a laceration. She was treated at the scene and transported to the hospital. Thereafter, she was seen by a myriad of healthcare providers and received extensive diagnostic testing related to her head and spine.

CONTENTIONS: Defendant stipulated to liability.

DAMAGES: Plaintiff’s primary injuries included a traumatic brain injury and aggravation of pre-existing pigmented villonodular tenosynovitis (wrist tumor) requiring surgery and radiation treatment. She also claimed an aggravation of pre-existing cervical degenerative disc disease resulting in chronic neck pain.

SPECIALS: Approx. $185,000. Defendant argued that charges for reasonably necessary treatment should have totaled about $10,000.

TRIAL: Plaintiff asked the jury to award approx. $500,0000. Defendant asked for an award of approx. $20,000.

VERDICT: $17,913.00

OTHER INFORMATION: The defense was able to successfully exclude the introduction of all of plaintiff’s medical bills with the exception of the emergency medical services and hospital bills. In addition, the defense was allowed to introduce evidence of the amounts paid.