Category: RECENT VERDICTS
Partner Robert L. Reisinger won a complete defense verdict.

Facts:  The case arose out of an automobile versus pedestrian accident that occurred on Thanksgiving night in a residential neighborhood.  Our client struck a seven year old child, who was playing in the roadway.  Plaintiff alleged that the roadway was negligently designed by the co-defendant apartment complex.  Plaintiff was transported from the scene by ambulance and was taken to the hospital.  Plaintiff sustained a skull fracture and multiple leg fractures.  He underwent a skin graft procedure and emergency repair of the fracture of his leg.  Plaintiff also claimed that he sustained a traumatic brain injury.

Damages: Plaintiff alleged medical specials over $350,000 along with continuing pain and suffering and future medical treatment.

Result:  Defense verdict.

 


Partners Jennifer L. Russell and Stephen W. Moore and Associate Mark S. Levine had a very successful defense verdict in a case involving a three vehicle rear-end accident that occurred on the 105 freeway.

Facts: Our client admitted to rear-ending plaintiff’s vehicle and pushing the vehicle forward into a third vehicle. Damage to plaintiff’s vehicle was over $11,000. The 40-year old plaintiff was transported from the scene by ambulance and taken to the hospital for complaints to her head, chest, neck and back. Plaintiff underwent treatment including physical therapy, 3 epidural injections and nerve blocks and eventually underwent neck surgery consisting of an anterior interbody cervical fusion and decompression.

Damages: Plaintiff alleged medical specials over $180,000 along with loss of earnings, future earning capacity and continuing pain and suffering. Just prior to trial the defense team was able to negotiate with plaintiff to lower the accepted medical specials to $110,000 and after defendant’s motions the plaintiff agreed to withdraw the loss of earnings and earning capacity claim.

Demand: Plaintiff argued the neck surgery and all of the treatment was reasonable and a result of the accident therefore based on plaintiff’s future life expectancy she would suffer continued pain and suffering for at least 40 more years. Prior to trial plaintiff’s demand was 1 million dollars, during the trial and prior to verdict plaintiff demanded 1.1 million dollars. At the time of trial plaintiff asked the jury for a total of 6.9 million dollars.

Result: After deliberating for just over 2 hours the jury returned a verdict in the amount of $250,260 which included zero for future pain and suffering.


Partner Jennifer L. Russell and Associate Armen A. Avakian won a complete defense verdict in a case involving a defendant who rear-ended a 41-year old plaintiff who alleged severe injury and underwent neck surgery as a result.

Facts: Defendant admitted liability but disputed the nature and extent of her alleged injuries. Defendant argued that plaintiff’s injuries and the surgery were not a result of the minor rear-end accident. Plaintiff claimed due to the injuries she could no longer pursue her dream of working as a nurse and her husband’s life was also impacted so he filed a claim for loss of consortium. They also claimed she continued to have severe pain and another surgery was necessary.

Damages: Plaintiff argued she had extensive neck and back problems as a result of the accident. She underwent cervical fusion prior to trial and her doctor testified she also needed to have back surgery which she scheduled during the course of the trial. The specials were over $100,000 but after much debate and when the defense would not agree to plaintiff’s costs of treatment, plaintiff waived all medical specials at trial. Plaintiff’s counsel argued plaintiff’s life was severely impacted as she had neck surgery and needs back surgery and could not work as a nurse as a result of the accident. Despite undergoing surgery the defense argued it was not necessary.

Demand: Plaintiff’s counsel asked the jury to award $4,298,434 million dollars to plaintiff and $150,000 to her husband for his loss of consortium claim. The defense argued that plaintiff sustained nothing more than soft tissue injuries and the value of her claim was in the area of $10,000 and her husband’s claim was not worth anything.

Result: After 3 and a half hours the jury returned a verdict in the amount of $15,000 to plaintiff and zero for her husband. Defendant filed a cost bill for $90,000.


Partners Jennifer L. Russell and John K. Paulson successfully prevailed in a trial where the jury returned a defense verdict of zero.

Facts: The plaintiffs were a mother and daughter who were involved in 2 separate automobile accidents within 2 months of each other. The FWHB team represented the defendant in the first accident and the defendant in the second accident had different counsel. As a result of the accidents the mother alleged injuries consisting of neck and back orthopedic problems and the need for surgery along with headaches and psychological injuries and a traumatic brain injury with the need for 24 hour a day attendant care for the rest of her life. The daughter alleged injuries, which were not as severe, but she also claimed emotional distress due to witnessing the injury to her mother and caring for her mother. Both defendants admitted liability for their respective accidents so the trial was on causation and damages along with potential apportionment between the 2 defendants. There was extensive expert testimony consisting of orthopedic surgeons, neurosurgeons, pain management doctors, neurologists, neuropsychologists and life care planners.

Damages: Plaintiff underwent emergency room treatment, chiropractic care, pain management including facet and epidural injections and the surgical implantation of a spinal cord stimulator. Plaintiff’s doctors testified she needed further treatment including back surgery, a lumbar fusion. Due to the head injury and cognitive issues, plaintiff’s doctors testified she sustained a moderate traumatic brain injury and would need future care with a life care plan of over 1 million dollars.

Demand: Prior to trial, plaintiff demanded 3 million dollars. During trial and prior to verdict plaintiff lowered the demand to $750,000. Prior to trial defendant offered $100,000. During trial and after the defense prevailed on a non-suit knocking out several key components of plaintiff’s damages defendant offered $10,000.

Result: The trial lasted 21 days and after deliberating for 6 hours the jury returned a defense verdict of zero. In addition, plaintiff’s failed to beat our client’s statutory offer and costs in excess of $150,000 were awarded to our defendant.


Partner Mitchell Kaylor had a very successful result in a jury trial.

Facts of the Case: Complex dental malpractice case in which Plaintiff claimed damages consisting of a full-mouth reconstruction at a cost of $80,000 – $100,000 as well as loss of earnings and future loss of earning capacity as a personal trainer.

Plaintiff’s attorney asked the jury to award $475,000. Plaintiff’s last demand was $180,000.  Defense made a CCP 998 offer to compromise in the amount of $9,999.00.

Defense is seeking recovery of $35,000 in costs.


Partner Robert L. Reisinger won a complete defense verdict.

Case of admitted liability where our client rear-ended plaintiff on the 14 freeway.  Plaintiff underwent three cervical epidural injections and plaintiff’s expert orthopedic surgeon recommended a cervical discectomy and fusion surgery.

Plaintiff’s highest demand was $1,000,000.

Verdict: Defense


Partner Robert L. Reisinger successfully prevailed in a trial where the jury returned with a complete defense verdict.

Facts of the case: Our client was driving a rental vehicle owned by our client rental car company when he struck a pedestrian in the marked crosswalk at Rosewood and Vermont in Los Angeles, California.

Plaintiff initially complained of right sided knee pain, but later underwent arthroscopic surgery on her left knee.  Plaintiff’s treating physicians opined that she required left shoulder surgery and left patella replacement surgery.

Prior to trial the defense offered $58,000 and plaintiff demanded over $200,000.  At trial, plaintiff asked the jury for over $500,000.  After deliberating for about half an hour, the jury returned with a complete defense verdict.


Partner Robert L. Reisinger had a favorable verdict in a recent jury trial.

Facts of the case: Case of admitted liability where our client struck a pedestrian in a marked crosswalk in the south crosswalk of Lexington at the intersection of Valley Mall in the City of El Monte.  Plaintiff was hospitalized immediately after the accident and underwent an emergency open reduction internal fixation surgery.  She later underwent surgical hardware removal.  Plaintiff alleged that she required future ankle replacement surgery.

Plaintiff’s billed medical specials totaled approximately $105,000

Plaintiff requested of $394,469 from the jury

Verdict: $104,500


Partner Robert L. Reisinger successfully prevailed in a trial where the jury awarded a defense verdict of zero.

Facts of the case: Our client was driving a rental vehicle owned by our client rental car company when he struck a pedestrian in the marked crosswalk at Rosewood and Vermont in Los Angeles, California.  Our client driver lived outside of the country and was not present at all during our trial.  Plaintiff initially complained of right sided knee pain, but later underwent arthroscopic surgery on her left knee.  Plaintiff’s treating physicians opined that she required left shoulder surgery and left patella replacement surgery.

Damages Submitted:$50,925 in medical care

Plaintiff’s last demand:over $500,000 demanded at trial

Defendant’s last offer:$58,000

Verdict: $0 (defense)


Partners Patrick J. Gibbs and Stacy A. Bradfield had a very successful result in a jury trial.

Facts of the case: Auto versus pedestrian accident where our client was driving under the influence and ran a red light striking plaintiff in the crosswalk.  Plaintiff sustained severe traumatic brain injury, traumatic amputation of the left leg as well as various other severe orthopedic fractures and injuries

Damages Submitted: $12 million to $17 million in past medical care

Plantiff’s last demand: $77,000,000 demanded at trial

Verdict: $26,255,367.84


Partner Stephen W. Moore had a very successful verdict in a case of admitted liability involving a three vehicle rear end accident.

Facts of the case: Our client was the first vehicle in the chain reaction.  Plaintiff was the middle vehicle.  Plaintiff alleged soft tissue injuries as well as a possible ligament tear in the wrist and a mild traumatic brain injury.

Damages Submitted: $45,426.33 in past medical care and $250,000 in loss of earnings

Plantiff’s last demand: $1,000,000 demanded at trial

Defendant’s last offer: $100,000

Verdict: $86,000


Partner Stephen W. Moore had a very successful result in a trial where the jury awarded a defense verdict of zero.

Facts of the case: Case of disputed liability where our client was turning left into an elementary school and plaintiff drove on the shoulder of the road, passing a line of stopped vehicles, and struck our client.  Plaintiff alleged back pain, had a series of epidural steroid injections, and a left rotator cuff surgery.

Damages Submitted: $116,183

Plantiff’s last demand: $600,000

Defendant’s last offer: Waiver of costs

Verdict: $0 (defense)


Partner Stephen W. Moore successfully prevailed in a trial where the jury awarded a defense verdict of zero.

Facts of the case: Auto versus pedestrian accident where our client struck plaintiff in the street, 15 feet from the crosswalk, as plaintiff was jaywalking.  Plaintiff sustained facial non-displaced fractures and a concussion.

Damages Submitted: $13,800

Plantiff’s last demand: $175,000

Defendant’s last offer: $22,000

Verdict: $0 (defense)


Partner Charlie J. Schmitt and Associate Armen A. Avakian had a favorable verdict in a case of homeowner vs. individual.

Facts of the case: Homeowner’s case of admitted liability where our client had a broken tile on the stairs and an inoperative exterior light bulb.  As plaintiff was exiting our client’s home, he fell down the stairs, fractured his hip, and injured his back.

Damages Submitted: $40,000 in past medical care and $57,000 in loss of earning

Plantiff’s last demand: $1,000,000 demanded at trial

Defendant’s last offer: 998 Offer of $220,000

Verdict: $120,000 (after a finding of 40% negligence on plaintiff’s part)


Partner John K. Paulson had a very successful result in a trial where the jury awarded a defense verdict of zero.

Facts of the case: Auto versus pedestrian accident where our client clipped plaintiff as the latter was crouching next to a parked vehicle.  Plaintiff alleged low back pain and had a series of epidural injections and ultimately had lumbar spine surgery.

Damages Submitted: $232,500

Plantiff’s last demand: $643,000 demanded at trial

Defendant’s last offer: 998 Offer of $100,001

Verdict: $0 (defense)


Partner John K. Paulson had a favorable verdict in a case of admitted liability where our client broadsided plaintiffs’ vehicle.

Facts of the case: Case of admitted liability where our client broadsided plaintiffs’ vehicle.  Plaintiff claimed debilitating benign paroxysmal positional vertigo (BPPV) and that she could no longer care for herself or run her skin care business.  Plaintiff further claimed that her disability was permanent, would need life-long care, and had a substantial loss of earnings claim alleging that the accident caused her business to fail.  The defense argued plaintiff’s BPPV was a pre-existing condition.

Damages Submitted: $45,970 for past medical care and $4,500,000 in loss of earnings

Plantiff’s last demand: $31,000,000 demanded at trial

Verdict: $480,433


Partner Katherine M. Harwood successfully prevailed in a trial where the jury awarded a defense verdict of zero.

Facts of the case: Dental malpractice action arising out of the extraction of tooth No. 18 (a lower left second molar). Plaintiff alleged that Defendant negligently performed the extraction, such that it caused permanent injury to plaintiff’s lingual nerve, resulting in numbness to his tongue and lips.

Plaintiff’s last demand: Plaintiff demanded $444,000 at trial

Verdict: $0 (defense)


Partner Robert L. Reisinger had a very successful result in a trial where the jury awarded a defense verdict of zero.

Facts of the case: Plaintiff, a 49 year-old female alleged that she was riding a bicycle through the intersection of 97th Street and Inglewood Ave., in Inglewood, California. Plaintiff alleged that defendant failed to stop at the stop sign and struck her bicycle. Defendant contended that his vehicle did not make contact with the plaintiff, that she simply jumped into the street on her bicycle and fell to the ground causing her own injuries.  Plaintiff claimed she suffered injury to her neck, disc bulges, an acute compression fracture in the low back, a superior compression fracture, and was advised to undergo a series of epidural injections and surgery.

Damages Submitted: Plaintiff’s medical specials were $56,780 with future medical care of $30,585

Plantiff’s last demand: Plaintiff’s pre-trial demand was $45,000; Plaintiff demanded $130,203 at trial

Defendant’s last offer: $0 with waiver of costs

Verdict: $0 (defense)


Partner Robert L. Reisinger had a very successful result in a jury trial.

Facts of the case: Our client was behind plaintiff, stopped at a red light.  The light turned green and our client accelerated into the rear of plaintiff’s vehicle.  Plaintiff received chiropractic treatment and epidural injections were recommended.  After a year and a half gap in treatment, plaintiff’s pain management doctor recommended bilateral medial branch facet blocks, intra-articular facet blocks with a rhizotomy, and a bilateral epidural injection.

Damages Submitted: Plaintiff’s medical specials were $43,482.21 and loss of earnings of $31,500

Verdict: $8,093 for past economic damages and no future economic damages


Partner Robert L. Reisinger had a favorable verdict where our client was found 0% at fault and paid nothing.

Facts of the case: Plaintiff was driving a pickup truck owned by his employer in the course and scope of his employment at the time of the accident. Plaintiff was making a left turn in the number two of two left turn lanes at Sepulveda and San Fernando Road. Our defendant was also making a left hand turn in the number one of two lanes at the same intersection when a city trash truck struck both defendant and plaintiff during their left-hand turns. Plaintiff fractured his left humerus in two places, fractured a left sided rib, fractured a right twelfth rib, fractured his pelvis and left scapular clavicle, and fractured his left elbow.

Damages Submitted: Plaintiff’s medical specials were $195,348 with future medical care of $200,000 and loss of earnings claim of $40,000

Plantiff’s last demand: Plaintiff demanded $6,400,000 at trial

Verdict: $892,973 with 60% liability on plaintiff and 40% liability on co-defendant. Our client was found 0% at fault and paid nothing.


Partner Robert L. Reisinger successfully prevailed after voir dire.

Facts of the case: Case of disputed liability between the driver of a mini van and plaintiff motorcyclist on eastbound Orangethorpe Avenue in Fullerton, California. Our client made a right turn into a gas station when she was rear-ended by plaintiff.  Plaintiff alleged that our client cut him off.  The plaintiff sustained a fractured tibia and fractured his sacrum and dislocated his pubic area.  Plaintiff underwent an open reduction internal fixation, resulting in a 7.5 inch rod through his sacrum and six screws threw his pelvis.  Plaintiff was also diagnosed with erectile dysfunction, giving rise to his wife’s loss of consortium claim.

Damages Submitted: Plaintiff’s medical specials were $446,447.44 and loss of earnings claim of $27,000

Plantiff’s last demand: Plaintiff demanded $400,000-$500,000

Verdict: Plaintiff accepted $100,00 after voir dire


Partner Jennifer L. Russell successfully prevailed in a trial where the jury awarded a defense verdict of zero.

Facts of the case: Case of admitted liability where our client collided with the sidewall of a restaurant where plaintiff was dining.  Plaintiff claimed that defendant crashed through the wall and pinned her between the booth seat and table.  Plaintiff alleged permanent nerve damage to the hips and legs, as well as right shoulder, arm, upper and lower back injuries.  Plaintiff alleged she was unable to walk without a cane, work, or participate in daily living activities

Damages Submitted: Plaintiff medical specials were $45,118

Plantiff’s last demand: $4,500,000 demanded at trial

Defendant’s last offer:  998 Offer of $50,001

Verdict: $0 (defense)


Partner Robert L. Reisinger had a very successful verdict in a case of admitted liability where our client struck a pedestrian in a marked crosswalk.

Facts of the case: Plaintiff was hospitalized immediately after the accident and underwent an emergency open-reduction internal fixation surgery. She later underwent surgical hardware removal.  Plaintiff alleged that she required future ankle replacement surgery

Damages Submitted: Plaintiff’s billed medical specials totaled approximately $105,000

Plantiff’s last demand:  $394,469 demanded at trial

Verdict: $104,500