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Trials Digest


Lead Poisoning

Verdict: $10,000,000

A boy reportedly suffered lead poisoning and associated permanent neurological injury, leading to speech and other developmental delays as a result of exposure to chipped and flaking paint in a home his mother leased from defendant State of California (C.M. v. State of California, Los Angeles County Superior Court, plaintiff attorneys:  Matthew S. McNicholas, Philip Shaknis).

Magnuson-Moss Act

Verdict: Defense

Consumers brought a class action against homeopathic remedy maker that advertised its products as a treatment and cure for 'relief of simple nervous tension and occasional sleeplessness' (Allen v. Hyland's Inc., Central District Federal Court, defense attorneys:  Jeffrey B. Margulies, Spencer Persson).

Loose Railing

Verdict: $2,102,161

A building resident alleged she lost her hold on a railing that defendants allegedly knew was loose, fell down the stairs and broke her clavicle and leg; jury found that plaintiff was 40 percent at fault (Staedler v. Galu Realty L.L.C.; Galu, San Francisco County Superior Court, plaintiff attorney:  David C. Anderson).

MRSA Paraplegia

Settlement: $3,570,000

Patient undergoing an elective cervical discectomy claimed that her MRSA infection was noted but not treated with antibiotics nor follow-up, which she claimed led to permanent and irreversible paraplegia (Confidential v. Confidential, Los Angeles County Superior Court, plaintiff attorneys:  Carl A. McMahan, John W. Shaller).

Learner's Permit Crash

Settlement: $195,000

Defendant driver, who was driving under a learner's permit under her mother's supervision, allegedly made an unsafe left turn and collided with a motorcycle (Robert L. v. Lynsey A., Los Angeles County Superior Court, plaintiff attorney:  Darren O. Aitken).

Leg Fractures

Verdict: $2,000,000

Plaintiff suffered bilateral pelvic rami fractures that healed with a deformity, sacral fracture, and multiple left leg fractures requiring internal fixation as a result of negligence by defendant driver and his employer (Knight v. Ramsey Asphalt Construction Company; Dworak, Santa Barbara County Superior Court, plaintiff attorney:  Jeffrey S. Young).

Cardiopulmonary Arrest

Verdict: Defense

Defense experts opined that an abdominal pain patient was not septic and did not have acute respiratory distress syndrome during her hospitalization, and her unexpected death was a result of cardiac arrhythmia as a result of severe, unrecognized cardiomyopathy (Gerrie v. Nalam, Riverside County Superior Court, defense attorney:  Sheila S. Trexler).

Scaffolding Fall

Settlement: $110,000

A 40-year-old mason tender died after he fell from scaffolding while building a public school (M.M. v. Cal K-12 Construction Inc., San Bernardino County Superior Court, plaintiff attorney:  Atticus N. Wegman).

Investor Lawsuit


Investors claimed misrepresentations caused losses to a class of people who owned partnership units in one or more of several limited partnerships (Schulein v. Petroleum Development Corporation, Central District Federal Court, plaintiff attorneys:  Marc M. Seltzer, Thomas G. Foley Jr.).


Fault Disputed

Verdict: Defense

Motorcyclist alleged that defendant pickup truck driver and defendant owner were responsible for plaintiff's multiple fractures; defendants alleged the plaintiff was travelling at double the speed limit, which was the sole proximate cause of the collision (Aspillaga v.  Villamonte; Astaldi Construction Corp., Florida – Miami-Dade County Circuit Court, defense attorneys:  Elizabeth Boan, William S. Reese).

Sperm Thawed

Settlement: $1,000,000

A 35-year-old man reportedly suffered loss of his semen sample and inability to conceive his own child when a cryopreservation tank operated by defendant failed, causing his sperm sample which was stored in the tank to thaw and be rendered useless (Anonymous v. Northwestern Medical Faculty Foundation, Illinois – Cook County Circuit Court, plaintiff attorneys:  Bruce R. Pfaff, Scott Steadman).