Verdicts & Settlements :: Personal Injury Cases

Alexander Hawes, LLP, an AV-rated trial firm, has concentrated its practice on the prosecution of complex Personal Injury and Class Action cases. The Firm represents individuals, governmental entities, businesses and institutional shareholders in auto accident cases, insurance claims, motorcycle injury accidents, and truck (and SUV) accidents. In addition, our law firm represents consumers in defective product, product liability, tort, negligence, mass tort, consumer, construction defect, investment fraud, price fixing and employment cases. The Firm is currently involved in complex cases pending in federal and state courts throughout the Unites States. The Firm is dedicated to quality representation of its clients and prides itself on aggressive advocacy of its clients' claims.

While the "past is prologue," these case reports, primarily for our California clients, show the depth and breadth of our experience in serious and complex cases.

Because facts differ from case to case, so do results. For that reason, this report does not constitute a promise, prediction or guarantee regarding the outcome of any future case.

Many law firms agree to represent a client. We go one step further.

We promise our best efforts to obtain the best result possible. Such results are listed here.

Alexander Hawes, LLP

Some of our past Personal Injury Cases include:

$5,200,000 insurance fraud and injury recovery collected for a wonderful San Jose couple who suffered severe facial and orthopedic injuries, including the loss of an eye, in a head-on collision at the Cats intersection on Route 17, Los Gatos, California. When a southbound and under-insured Jeep [$100,000/$300,000 GEICO policy], slowed to make an illegal u-turn, which the investigating Highway Patrol officer described as "suicidal," a Housing Authority police officer driving 15 mph hour over the speed limit punched the Jeep forward and across three lanes of northbound traffic into the plaintiffs' car. Focus groups concluded that 90% of the cause of the crash was the Jeep. When we described the Jeep as being "cocked" and the police car "pulling the trigger," the Housing Authority was found 90% at fault. Alameda County Superior Court.

$275,000 collected for Angie LaFargue, age 20, from CSAA, California State Automobile Association, in a case where a reckless driver only had a $100,000 policy. Mr. Jersey Miranda crashed through a stop sign, punched Angie's car at the driver's door, causing a rollover. Angie's personal injuries included fractures of the collarbone, shoulder, ribs, and pelvis and a collapsed lung. By the time of trial, Angie had recovered. Mr. Miranda's reckless driving derailed his plans to be a police officer. LaFargue v.Miranda, San Mateo County Superior Court.

$4,250,000 settlement on the eve of trial for a five-year old child severely injured as a result of his mother, a quality control inspector, being exposed to methanol fumes and gallium arsenide dust during pregnancy. Extemely difficult case to prove exposure and dose sufficient to cause birth defects. Plaintiff's mother worked for a company that received numerous citations from OSHA in the year 2000 and discovery established that company health officials did all that they could to conduct workplace testing to minimize reported exposures. Company officials operated such a dirty facility that it was necessary to dismantle the facility and ship it to China because of the inability to operate in Alameda County. Surprisingly in 2003 during the dismantling, the company was cited again for not protecting workers from exposure to arsenide dust found in the dismantling of the cafeteria ventilation system. A condition of

settlement was that the company would not be revealed with regard to this settlement which was paid by American International Group. John Doe, a minor v. Manufacturing Company, Alameda County Superior Court.

$2,570,259. Every penny lost in a fire caused by public nuisance created by the State of California in July, 2005 was collected in record time for Dixie, Howard, Brent and Joel Kaeding. The Kaeding family business in Campbell, California is directly adjacent to the Route 17 right-of-way. An unknown source on the roadway caused heavy weeds and brush to ignite. The fire raced uphill in seconds and burned the Kaeding's business to the ground. Caltrans paid all of the Kaeding losses to avoid a June, 2006 trial for maintaining a public nuisance.

$1,500,000 defective product recovery for the wrongful death of a spouse caused by negligent tire inspection which resulted in a tire failure within hours of the inspection, that itself caused a Ford Explorer to rollover. Cardenas v. Ford, et al, San Diego County Superior Court.

$15,500,000 for electrical burn injuries against IBM for a 37 year old apprentice technician employed by Fluor Corporation, which had contracted with IBM to service its high voltage electrical equipment. The apprentice, in the presence of an IBM engineer and his supervisor, was sent to scavenge a replacement part from a power station that "locked off" and tagged "out of service." When the apprentice applied his wrench,12,400 volts exploded causing burns to 60% of his body. McNabb v. IBM, Santa Clara County Superior Court. View $15.5 million Electrical Burn Recovery Against IBM: the Complaint (.PDF)

$3,500,000 recovery for a 19 year old passenger in a rollover who suffered a tragic spinal C-7 cord injury, but who through excellent medical care and great determination regained the ability to walk. Fisher v. Pitts, Sonoma County Superior Court.

$1,200,000 record recovery in Butte County, California for the wrongful death of a 65 year old husband who was stopped in heavy smog caused by fog and vapor from underground fires at Pacific Oroville's wood chip pile when he was struck by a delivery truck. Perkins v. Pacific Oroville Power, et al, Butte County Superior Court.

$8,132,000 jury verdict for plaintiffs in Byer v. Market Transport tried by Richard Alexander after rejecting a settlement offer of $4.5 million. Byer, age 15, suffered irreversible brain damage when the Byer family car was sideswiped by a tractor and trailer. The jury deliberated one day before delivering its unanimous verdict.

$3,000,000 recovery for the death of a college student caused by a delaminating rear tire on her SUV resulting in multiple rollovers. Before the crash, her father had the car repaired his regular dealer who noted that all four tires were "out of round." Those facts were never reported to the family. Witnesses saw the SUV traveling at 70 on an interstate highway and being driven safely immediately before the rollover occurred. Clark County District Court, Las Vegas, Nevada.

$1,000,000 recovery for the leader of the Palo Alto Police Department's SWAT Team for injuries caused by an ambulance making an illegal u-turn on Embarcadero Road in front of his motorcycle causing a broadside crash. Despite multiple fractures an truly miraculous recovery allowed this veteran police officer to return to his job in one year. Herrera v. American Medical Response, Santa Clara County Superior Court.

$1,300,000 wrongful death recovery for the loss of a 19 year old son caused by a driver violating a stop sign directly into his vehicle. The insurance carrier refused to settle this claim for policy limits before suit was filed and paid, in addition to the $100,000 policy, $1,200,000 to put to rest all claims as a result of the insurance company's mismanagement. Stewart v. Edgmon, Santa Clara County Superior Court.

$1,000,000. Bill Johansen, 50, a carpenter for 30 years, was working as a foreman on a construction project at the City of Santa Clara's Silicon Valley electrical power project when an uncontrolled crane struck 115,000-volt lines. Bill was 20 feet from tower crane's grounding rod when the blast and a ball of fire exploded that aggravated previous on-the-job back injuries and left him with vertigo that put an end to his working construction, but still allowed him to drive, shop, perform chores at home and return to other employment. Defendant Marelich Mechanical Contractors, Hayward, California and general contractor Black & Veatch, Overland Park, Kansas hired investigators to videotape Bill shopping, but it was for naught. We retained Northern California's top ENT specializing in balance, Lawrence Lustig, M.D., Chief of ENT at U.C. San Francisco, to study the videotapes. Comparison videos confirmed Bill's injury. The secret surveillance tapes blew up in the defendants� faces. Johansen v. Marelich Mechanical. Santa Clara County Superior Court. See Bill's comments.

$670,000. Vasileios Makris, 36, a Greek citizen, was visiting the San Francisco Bay area with his family from Athens and on the way to Yosemite in a rental car when rear-ended by a Volvo tractor on Interstate 205 near Tracy, California. The car took the impact across the left rear. Vasileios was seatbelted in the left rear seat and suffered fractures to his cheek from hitting the back of the driver�s seat. Greek travel insurance proved to be classic pure indemnity policies once popular in the ship insurance business and useless in the U.S. See Richard Alexander, Admiralty, Federalism and the New York Direct Action Statute: Seaman's Rights to Enforce Jones Act Judgments, 49 Brooklyn Law Review 1979 (1983) which analyzes why pure indemnity policies should be outlawed. The Greek medical insurance policy only reimburses the insured after they have paid their medical bills. This amounts to being uninsured. We negotiated medical care for Basil at Stanford University where a ten-hour reconstructive surgery by Peter Lorenz, M.D., renowned plastic facial surgery specialist, provided outstanding results. See Vasileios statement.

$2,650,000 recovery for a below knee amputation suffered by a 70 year old elementary school volunteer who was struck in a crosswalk on South Park Victoria Drive, Milpitas, California. The insurance company refused to settle for policy limits before suit was filed. But for the policy limits demand at the outset, the total recovery would have been limited to $100,000. Epps v. Tang, Santa Clara County Superior Court.

$11,000,000. Lead attorney in Nevarez v. Foremost Dairies, a multi-vehicle auto-truck collision that resulted in identical C-5/C-6 quadriplegic injuries to a father and daughter, when their car was rear-ended on smoke-covered I-5 by the defendant's tractor and trailer. More than 25 depositions and motions were required to bring the case to trial in San Francisco. Following a five-day settlement conference, the defendant's insurance carriers offered $10,000,000 in settlement or promised they would try the case in response to my demand of $13,500,000. While waiting for a trial department to open in San Francisco, an additional $1,000,000 was offered and the plaintiffs accepted.

$5,000,000 for unbelted C-7 quadriplegia. On May 6, 2001, plaintiff, a 19 year old college student, was a passenger in a 1989 Toyota 1989 Toyota Camry

Camry driven by a college classmate. Both were returning home after the spring exams. The Camry was equipped with automatic shoulder and manual lap seatbelts. The students had agreed to share driving. The plaintiff slept in the front passenger seat as the defendant drove the first leg of the trip. Neither wore their lap belts. The defendant driver fell asleep at the wheel at 70 miles per hour. Eyewitnesses observed the Toyota drift from the slow lane into the level, flat median, where the driver made a hard right steering input. The left front tire plowed into the dirt; the Camry tripped and rolled, landing on the roof rail over the passenger's door. Both students were thrown from the car as it rolled twice before coming to rest. See computerized simulation (AVI: will take a few moments to download). Multnomah County Circuit Court No. 0109-09529, trial date September 23, 2002. Settled August 21, 2002.

$4,000,000. Lead attorney for Donald Coca, a passenger in a car stopped for a Vehicle Code violation, whose face was destroyed by a shotgun which had been placed on his shoulder by a San Jose Police Officer who was riding along with the California Highway Patrol. Cash settlement of $4,000,000 believed to be the highest dollar award in the history of the California Highway Patrol and the City of San Jose.

$7,500,000. Represented five families in wrongful death actions against PG&E arising from a defectively designed scaffolding system in a 500' vertical shaft which failed at PG&E's Helm's Creek Hydroelectric Facility in Fresno resulting in structured settlements providing in excess of $25 million in benefits to the surviving families over their lifetimes.

$750,000 for 47 year-old mother and her 10 year old son for serious personal injuries suffered when the brakes on a heavy dump truckoperated by Premier Pools, Inc. of Rancho Cordova failed on a steep down grade. The truck crashed through a red light and punched the Sandovals 70 feet sideways, knocking unconscious both mother and son. Sandoval v. Premier Pools, Inc. Sacramento County Superior Court.

$450,000 for 50 year-old operating engineer employed as a tower crane operator, member of the National Ski Patrol and motorcyclist who suffered personal injuries when he encountered unswept gravel left on a freeway entrance by a county contractor and lost control of his motorcycle, a Yamaha FZ1. Brief loss of consciousness, sprained thumb and shoulder blow were "shaken off." LOC not reported on first medical visit later that afternoon. No police report requested of officer who happened by the scene. Cell phone photographs confirmed the gravel and officer, who had moved to Hawaii, was flown back for deposition. First lawyer recommended $35,000 settlement. Sprained thumb required surgery and shoulder required rotator cuff repair. Barker v. County of Santa Clara and Graham Contractors.

$675,000 for a non-union of the tibia, undiscovered by Kaiser for nine months after surgery following a collision caused by a left turn in front of 56 year-old motorcyclist returning to work as a logistics manager at IBM after lunch. Retired U.S. Navy captain and an avid California Golden Bears supporter. At the first meeting, Alan was advised of the risk of a non-union, not uncommon in lower extremity fractures for middle age and older patients. Unfortunately, a prophetic warning from his lawyer. Continuing reports of pain on weight bearing were ignored. MRI nine months later clearly showed the unhealed gap. Taber v. Montgomery Services, Santa Clara County Superior Court.

$8,500,000. Lead attorney in Throop v. Conrail, an $8,500,000 award for triple amputation electrical burn injuries suffered by a teenager trespassing on railroad property. First lawyer in the United States to uncover and prove the railroad's electrical system had caused on average, 24 deaths/major injuries per year, primarily to children and teenagers.

$2,300,000. Attorney for plaintiffs in Sollfrank v. Mid-Cal Farms, a $2.3 million recovery for the wrongful death of a husband and father caused by drunk driving.

$2,250,000. As co-counsel for plaintiff in Cunningham v. Shortstop, quadrupled offer to plaintiff's attorney resulting in recovery of $1.5 million in cash, plus an annual annuity of $40,000 for a brain-damaged teenager injured by a teenage driver who was intoxicated by beer sold by defendant. First contacted six days before trial. At the initial pre-trial conference, the defendant insurance company lawyers disclosed a pathologist would be testifying who had died nine months earlier, along with two other experts. Obviously the defendant insurance company's lawyers were lying. Those experts were retained that evening and that action forced a settlement on the third day of jury selection.

$1,750,000 recovery in Whiteley and Cox v. The State of California, a personal injury action against the California Highway Patrol arising from a late night pursuit of an escapee from the California Youth Authority who was driving a stolen vehicle. Depositions of 21 experts were taken in this case. The central liability issue, which was strongly disputed, was whether the CHP had activated its siren to warn the general public that it was an emergency vehicle. The fleeing escapee violated a red light and collided with plaintiffs causing multiple fractures and head injuries. At the time of the settlement, two years post-injury, both plaintiffs were preparing to return to work.

$1,732,500 recovered in two death cases resulting from the crash of PSA Flight 1771 when the flight crew was shot by a deranged suicidal killer. Killed in the crash was Deborah Neil, age 37, the senior cabin attendant and mother of a seven year old daughter. A graduate of San Jose's Blackford High School, Deborah worked for PSA as a cabin attendant. Lauren was Deborah's only child, who lived with her mother in Fremont, California. At her death Deborah had annual earnings of approximately $35,000. Also killed in the crash was Allen Swanson, age 45, who was survived by his only child, 17 year old daughter Jennifer, a high school senior, who lived with her mother following her parents' divorce. Swanson, a former refining engineer, was Chevron's manager of public relations in Orange, Riverside, San Bernardino, and San Diego Counties. Los Angeles County Superior Court Action No. C671784.

$750,000 recovery for a head injury as a result of plaintiff rear ending a tractor and trailer which had turned into her lane of travel. Lemley v. C&C Warehouse Trucking, San Joaquin County Superior Court Action No. 186124.

$1,953,731. In Barger v. Morrison Homes, plaintiff, an employee of a framing contractor suffered a head injury when he fell from a second story of a single family home after the frame structure was struck by his employer's fork lift. In another Restatement 416 peculiar risk of harm case, the general contractor was sued for failing to take special precautions to prevent such an injury from occurring and settled prior to trial for $300,000 in cash, waiver of the worker's lien of $158,877.53 and a lifetime payment of $1,500 per month, which will pay plaintiff $1,953,731 over his lifetime.

$1,680,000 First defective product personal injury recovery against BMW in the United States. Dr. Paul Chin, an aeronautical engineer, was rear-ended in his 1969 BMW 1600 by a drunk traveling at a reported 90 miles per hour. BMW Trunk Damage Close Up

The actual speed at impact, based on the crush suffered by the BMW, was approximately 17 miles per hour. At this low speed the BMW exploded into a fireball and caused severe personal injuries: third degree burns. Following the collision, the wrecked BMW mysteriously disappeared near the time BMW's investigators photographed the scene and the bullet vehicle. An identical vehicle was mysteriously disappeared in a nearly identical case arising in New York, which was defensed by BMW. BMW Crash Test

In crash testing of two full size BMWs, the gas tank crushed and collapsed at only 17 mph in rear end crash tests conducted by experts hired for Dr. Chin's case. The car also had failed in tests conducted by BMW at the Technical University of Berlin, but these results were not reported to NHTSA, the National Highway Traffic Safety Administration as required by Federal Motor Vehicle Standards. The design is patently dangerous. The gas tank is dropped into a hole in the trunk and bolted into place, becoming a structural part of the vehicle, located inches from the fender. The filler tube is a rubber hose designed to readily separate in a collision and that is all but guaranteed by a short filler stub and an ornamental bumper. In car-to-car crashes, the rear of the BMW absorbed 90% of the energy, confirming an extremely "soft" and very dangerous rear-end design, as you would expect in a vehicle with no rear structure and an exposed gas tank. This case was the first settlement by BMW of a design defect personal injury claim in the United States. Chin v. BMW.

$2,750,000. In Singh v. National Real Estate, two year old Ciera Singh suffered head injury when she and her father crossed a dark street and were stuck by an oncoming vehicle operated by a real estate salesman who was showing property to prospective customers on behalf of a local realty firm. Re-creation of the collision sequence with night photography and the testimony of accident reconstruction, bio-mechanical and human factors experts combined to show that the salesman's explanation of his speed and the collision sequence was unprovable. The broker was an independently owned and operated franchisee of a national real estate firm. The franchisor routinely avoided liability in similar cases throughout the United States, claiming that it was not responsible for its franchisee's torts, that it had no control over day-to-day operations and merely provided a trademark, logo, and national advertising program. By undertaking in-depth research of economic literature, retaining economists who have studied franchising, conducting a detailed investigation of operating policies, it was apparent that the creation of a national real estate network amounted to a joint venture. The confidential recovery was structured to provide a monthly stipend, increasing annually, to provide round-the-clock care for Ciera for the balance of her life. All funds are now administered through a bank's trust department, serving under court supervision. Fourteen expert witnesses and completed discovery of an additional 29 parties, witnesses and defense experts, for a total of 43 pre-trial depositions paved the way for this recovery. Santa Clara County Superior Court No. 693716.

Confidential. An extremely broad confidentiality order in Vagshenian v. Palo Alto Unified School District, Santa Clara County Action No. 687672, was imposed by the Court after jury selection, opening statements, and the testimony of Dr. Gregory Vagshenian. The San Jose Mercury News reported that a nine year old boy was burned by a model rocket engine that shot up his sleeve. At the time the youngster, a third grader at Ohlone School, was attending a science fair at school and was observing a demonstration set up by Roland Horne, a Stanford professor. The experiment was intended to demonstrate how a rocket would burn in the absence of oxygen. According to one witness, the rocket was tied to one end of a pole with the other end of the pole placed in a bucket of water. When the rocket was ignited it flew off the pole and lodged itself near Erik's right armpit. Suit was filed against the Palo Alto Unified School District, the boy's teacher and the Stanford University engineering professor who set off the rocket, according to the Mercury. Under the gag order the victim and attorneys are only allowed to say: "The matter is concluded."

Confidential. Ingvardsen v. Lucky Stores, Santa Clara County No. 705350. June Ingvardsen, a 56 year old, Los Altos mother of three boys and paralegal assistant of 18 years, consumed one bottle of the contaminated L-tryptophan, an essential amino acid and food supplement. She began experiencing symptoms and was diagnosed with EMS. EMS is a painful and progressive, multi-system disease which causes permanent scarring and fibrosis to nerve and muscle tissues, continuing inflammation, and provokes a permanent change in the body's immune system. Showa Denko was sued by Lucky Stores and joined as a cross-defendant. Showa Denko's plan to delay Ms. Ingvardsen's case by consolidating all California L-tryptophan cases in Los Angeles was successfully opposed and discovery was actively pursued to bring the case to trial. The case settled immediately prior to trial in a day long settlement conference before the Hon. David Leahy. Pursuant to the demand of Lucky Stores and Showa Denko K.K. the settlement sum is confidential and neither counsel or plaintiffs are allowed to comment on the adequacy of the recovery.

Another confidential recovery in Wyatt v. Longs Drugs for EMS injuries caused by L-tryptophan.

Confidential recovery against Showa Denko for contaminated L-tryptophan in Selbach v. Stanford University Hospital, Santa Clara County Action No. 704321.

Additional confidential recoveries against Showa Denko for contaminated L-tryptophan in Aguiar v. Showa Denko, Bransford v. Showa Denko and Zigalo v. Showa Denko, San Francisco Superior Court.

Served as a consultant to San Francisco attorney and assisted in a confidential recovery in Bailey v. Showa Denko, case in which the victim suffered eosinophilia leukemia. The Mayo Clinic EMS team of physicians had concluded that Mr. Bailey's leukemia was unrelated to the L-tryptophan he had taken. Immediately prior to the final day for disclosure of expert witnesses, Settled upon being called to trial for a sum thirteen times greater than plaintiff's counsel was willing to accept prior to contacting us. Verification available from Bruce Krell, Esq. 415-861-4414.

$925,000. Forty year old Santa Clara Traffic Officer suffered a fractured elbow and wrist, with permanent nerve damages resulting in forced retirement, when his motorcycle was struck by a vehicle making a u-turn. Medical specials of $33,000 and projected partial wage loss of $350,000 argued despite the fact that the plaintiff had found full-time employment as an investigator in the electronics industry. Robert Dorsey v. Oregon Plan, Santa Clara County Action No. 712292.

$1,450,000. Largest known recovery in the United States in an adoption fraud case on behalf of a 16 year old and his parents. The boy had been the victim of years of abuse as an infant when he was placed for adoption at age four. The adopting parents were told there had been one instance of abuse, but the actual extent of the abuse and the youngster's complete psychiatric history were concealed from both the adopting parents and the child's pediatrician. Years later, a severe personality disorder erupted which required hospitalization from age 13 to 17. Referred by a family attorney who had the case pending for three years with no progress. After securing psychiatric, social work, economic, and life placement expert testimony, completing 20 depositions, and defeating multiple motions to dismiss, this extremely difficult legal liability case settled on the second day of trial. Under California law the county was immune from liability for negligent misrepresentation and could only be held liable for willful acts for which the insurance carriers would not be responsible. In addition, under Prop 51, the Anti-Deep Pocket Law, the county was not responsible for the harm caused by the minor's family prior to the adoption and a jury could have found his natural parents and relatives substantially at fault for his current psychiatric condition. County had also raised a statute of limitations defense that the adopting parents were on notice of the child's severe problems within one year of the adoption and clearly within three years after he was adopted. "

Confidential recovery for the death of a 16-year-old who lost his life in a rollover of a CJ-7 Jeep in Mock v. Chrysler Corporation, Fresno County Superior Court Action Number 442560-9. One of three sons, Aaron Mock, was driving on a two lane, paved farm road with a keg of beer enroute to a high school party. He executed a right turn at a higher than safe speed, drifted into the oncoming lane, and in attempting to maneuver the Jeep back to the right side of the roadway, lost control. Jeep's classic instability, due to a narrow wheel base, short overall length, and high center of gravity, resulted in the rollover. The seat belted passenger suffered minor injuries. Aaron Mock was thrown from his seat and crushed by the rollbar. In addition to the seat belt defense, father's previous separate counsel's pursuit of a claim against Fresno County for a dangerous condition of a public roadway provided Chrysler with Prop 51 defense that the roadway was a major contributing cause of the death. The roadway was not a cause of this rollover. Settled on a confidential basis at the demand of Chrysler and agreed to by surviving parents.

$950,000 recovery in Takeuchi and Kamiya v. Keegan, Monterey County Superior Court Number 92486, arising from a head-on collision on Route 156 near U.S. 101. Mari Kamiya, a 28 year old Japanese development engineer with IBM Japan in Tokyo was visiting the Bay Area and sharing a Sunday excursion with Dr. Tatsu Takeuchi, a family friend research physicist with the Stanford Linear Accelerator when the collision occurred. Ms. Kamiya, a passenger, incurred $87,000 in medical expenses immediately following the crash for severe fractures to her right clavicle, left ulna [forearm] and a fracture of L-1 with Harrington instrumentation and fusion of T-10 through L-2 lumbar vertebrae. With these extensive injuries the insurance carrier pressed a seat belt defense which was disproved by our expert accident reconstructionist and testimony of a biomechanical engineer which established that in high speed collisions substantial injuries are often suffered even with seat belts in place. Total recovery for Ms. Kamiya was $900,000. Dr. Takeuchi suffered a penetrating wound to the knee and has fully recovered. His medical bills totaled $8,500 and he approved a recovery of $50,000.

$1,350,000 recovery in a defective product case where a model airplane caused a leg fracture. Plaintiff, a 48 year old United Airlines pilot when he was struck by a high speed model airplane being clocked for speed at a sanctioned competition of the Academy of Model Aeronautics at Whittier Narrows. The crash of the model airplane and the injuries to plaintiff were caused by faulty construction, faulty pre-flight inspection, and the failure to conduct such races in protected fenced arenas. In addition, the standard AMA pre-flight pull test is believed to have caused the failure of fuselage bolts which caused the plane to fly out of control at a speed of 184 m.p.h. Because he was a co-participant in the racing competition and had started the doomed aircraft, the Academy claimed the plaintiff assumed the risk of this injury, although this was the first known case of such an injury occurring. Assumption of risk is a complete defense in recreational activities under recent decisions of California courts. Because of a non-union of the tibia and fibula, eleven medical procedures were required at a cost of $220,000. Fortunately plaintiff returned to return to work as a pilot. Armstead v. Academy of Model Aeronautics, Alameda County Superior Court No. H-150430-1 settled before Hon. Daniel Weinstein, retired judge of the Superior Court, Judicial Arbitration and Mediation Service.

The evidence was in the victim's body in the case of a major recovery for the family of Tim Skaggs who died of leukemia at age 40, having been exposed to Woodlife during the years 1971-72 while employed by Simpson Lumber Company in Arcata, California. In an investigation of three other leukemias at the Simpson mill by the State Department of Health, Simpson concealed from officials that for years it had used wood preservatives with pentachlorophenol. The state concluded this cancer cluster arose from unknown causes. Undertook an extraordinarily detailed investigation which began with an in-depth analysis of pentachlorophenol and other lawsuits in the United States. Following numerous interviews of mill workers, many of whom had no recollection of Tim's part-time work on the paint line where Woodlife was applied twenty years ago, the paint line operator confirmed that Woodlife had been used in painting machines, but he had no recollection of Tim working there. Although Simpson's mill records no longer existed, its purchasing agent confirmed it had purchased Woodlife by the barrel from Champion International. Champion's sales manager of twenty years ago was located and he testified Woodlife was sold to the Arcata plant for use on the paint line. To prove Tim's exposure, a fat sample was taken from his abdomen and analyzed for dioxins and furans suspected to have contaminated Woodlife. After an extensive search, a twenty year old bucket of pentachlorophenol was located and tested, revealing an 80% correlation between the pattern of dioxins found in Tim's fat and those found in the sample product. Settled following the denial of Champion's motion for summary judgment and after the completion of expert depositions before the May 17th scheduled trial. Skaggs v. Champion International, Humboldt County Superior Court No. DR 85488. Served as lead counsel in three additional pentachlorophenol caused wrongful death recoveries for former Simpson employees. All are confidential. Gordon v. U. S. Plywood-Champion P v. U. S. Plywood-Champion Papers, Humboldt County Superior Court No. 92 DR 0378; Freeman v. U.S. Plywood-Champion Papers, Humboldt County Superior Court No. 93 DR 0275.

Spearheaded $15,500,000 recovery for the victims of the pollution of the Sacramento River when a 19,000 gallon tank car derailed at the Cantara Loop spilling metam sodium and releasing methyl isothiocyanate impacting residents of the Dunsmuir and Lake Shasta area. Major responsibilities, as a member of the steering committee for this class action, involved proof of medical causation, selection of experts in epidemiology, air dispersion, toxicology, occupational medicine, pulmonary medicine and psychiatry, and trial preparation. Active member of four attorney team that negotiated the final settlement. San Francisco Superior Court, Sacramento River Spill Litigation, Judicial Council Coordination Nos. 2617 and 2620.

$750,000. Obtained $750,000 recovery for burn injuries caused by a defectively designed electrical switch for PG&E lineman who admitted causing his own injury. Smethurst v. G&W Specialty Company settled the morning of trial after extensive pre-trial discovery against manufacturers of a 12,000 volt oil-filled switch which exploded when Smethurst turned the switch to the wrong position and, contrary to good practice, attempted to return the switch to its original position. Similar switches caused 10 deaths and 21 serious injuries over a 25-year period, but no warnings were ever distributed to users. Smethurst suffered burns over 60% of his body and was disabled for 14 months before returning to work as a PG&E lineman.

$750,000. Chief counsel for plaintiffs in Furchtenicht v. Peabody Barnes and General Electric, a product liability case for wrongful death settled for $750,000. Plaintiffs' decedent, father of three, electrocuted himself when he clipped the grounding plug from an extension cord that was attached to a three-prong submersible sump pump. During a heavy downpour, Mr. Furchtenicht attempted to drain his swimming pool of ground water by using the submersible sump pump with the modified extension cord. The sump pump shorted as he stood next to it and he suffered cardiac arrest. Subsequent investigation showed the pump wiring had shorted due to defective insulation and the manufacturer's assembly protocols were designed to pass defective pumps, which all helped overcome the decedent's high level of contributory negligence (as an engineering student in college he had taken three courses in electricity).

$200,000,000 estimated total recovery for 33,000 owners of 1987-90 Nissan minivans which were the subject of three recalls because of engine failures and fires before suit filed. One week before the hearing on plaintiff's motion to certify a national class action, Nissan negotiated a settlement of the class action, stipulated to the certification of a national class, and resolved a federal investigation by the National Highway Traffic and Safety Administration by "voluntarily" agreeing to an unprecedented buy back of 33,000 vans at fair market value [$5,000 to $7,000]. Johnson v. Nissan Motor Company In U.S.A., Santa Clara County Superior Court No. 730558.

On Christmas Day four teenage boys, Jason St. John, Christopher Benjamin, Jesse Cepeda and Edwin Martin, were burned to death when a 1978 four wheel drive Dodge Ramcharger over-turned at 20 miles per hour and landed on its roof in a creek bed. The case settled after two years of extensive trial preparation which showed that Chrysler anticipated this vehicle would roll in the field and for that reason installed a rollbar in the passenger compartment, while allowing the rear mounted filler tube, which was bolted to sheet metal at the rear of the vehicle to remain unprotected in a rollover. None of the boys suffered any orthopedic injuries and this single vehicle crash would have been readily survivable if the fuel system had not failed. Chrysler knew that this covered pickup truck design lacked rear end structural stability, but nonetheless the company hard mounted the gas tank filler tube to the side of the vehicle that was sure to fail in a rollover. Other vehicles sold by Chrysler in 1978 had breakaway filler tubes to avoid the type of failure well documented in both full-size Fords. We represented all four families. One of the most emotionally challenging cases we have encountered in twenty-five years of practice. This case is every parent's nightmare. These boys were doing nothing wrong, had not been drinking and should have survived if the fuel system had performed properly. They were outstanding youngsters, good students, respected athletes, and full of life. For their families Christmas Day will never again be the same. The total recoveries at the request of both Chrysler Corporation and the families are not to be revealed. The amounts that were paid were those that I recommended. It was, and will always be, an honor to represent these families. Howard and Mary St. John, Fran and Wendy Benjamin, Phill and Gayle Martin and Arthur and Deborah Cepeda v. Chrysler Corporation, Santa Clara County Superior Court No. 722446.

Confidential recovery in Blair v. Agency Rent-A-Car, Inc., Santa Clara County Superior Court, Consolidated Action Nos. 735492 and 736954. Kristin Blair, age 21, daughter of Patricia and Randolph Blair, accepted a ride home from a Grateful Dead concert in an Agency Rent-A-Car van that was driven by an unlicensed teenage driver. Agency Rent-A-Car held responsible for negligent entrustment of a vehicle.

Confidential. Guerrant v. Forbricht, Santa Clara County Superior Court action number 729175, involved sexual harassment and molestation by a prostheticist, who would touch his stepdaughters at night while they slept and who installed a false heating vent for peeping into the youngsters' bathroom.

$1,000,000 recovery for Nicole Freeburn represents only partial compensation for closed head injury to a 16 year old who was thrown from a utility vehicle that carried five teenagers, but seatbelts for only four passengers. The owner and driver carried primary policy limits of $100,000/$300,000 and a $1,000,000 excess policy was shared with another injured passenger. This case illustrates the need for everyone, especially parents of teenagers, to purchase and keep in force excess Uninsured/Underinsured coverage on their own vehicles. A family excess liability and underinsured insurance rider providing coverage in excess of $1,000,000 would have been extremely valuable in this case. Freeburn v. Wehman, Santa Clara County Superior Court action number 742048; consolidated with 746364.

$1,000,000. Plaintiff, a 51 year old computer executive, suffered a skull fracture and brain injury when he fainted and fell to the deck of a WWII military cargo ship while it was in port preparing for a Saturday cruise. Passengers freely climbed onto hatch covers which were used for seating. This tragically serious injury case settled because even though there were no reports of previous injuries from similar falls, a sister ship berthed in Baltimore, Maryland did not allow passengers on its cargo hatches during cruises because of the risk of falls. Following surgery and two weeks of intensive care at San Francisco General, plaintiff received a month's rehabilitation at Santa Clara Valley Medical Center and eventually returned to work with his former employer. San Francisco Superior Court number 301570.

$180,000,000. Final settlement in the Richmond Toxic Cloud class action litigation, Contra Costa

County Superior Court, which arose from the explosion of a tank car of oleum, concentrated sulfuric acid and sulfuric trioxide at a sulfuric acid manufacturing plant operated by General Chemical Company in Richmond, California. General Chemical was the sole provider of sulfuric acid to Chevron's Northern California gasoline refinery. In the aftermath of the explosion, which sent 12 tons of oleum into the atmosphere, 63,000 Californians were exposed and thousands were seen at hospital emergency rooms for chemical exposure. As one of seven firms appointed by the Court to manage this massive toxic chemical class action, our mission was to prove medical causation and the full range of injuries caused by this disaster and to serve as Chair, Science/Medical Causation Committee. As an active member of the Class Action Executive Committee and the Plaintiffs' Management Committee, which was responsible for overseeing and prosecuting this combined class and mass tort action, our responsibilities included formulating, planning and executing the organization of the plaintiffs' proof of scientific and medical evidence including the retention of a multi-disciplinary team of meteorologists, atmospheric scientists, and computer modeling scientists to conduct a detailed study of the sulfuric acid plume caused by the venting of acid into the atmosphere, participation in the execution of the computerized wind field and plume study to identify and replicate the path and concentrations of the cloud of sulfuric acid as it dispersed, selection and screening of class representatives for the Model Complaint, retention of experts in toxicology, occupational medicine, pulmonology and allergy medicine, participation in focus group presentations, preparing and appearing with our 14 class representatives at their depositions and active involvement in extended settlement discussions leading to the final recovery of $180,000,000. The Declaration of the Management Committee In Support of Final Approval contains the following peer evaluation: "Richard Alexander was designated as the Chairman of the Medical Causation Committee, which was created by the Class Action Executive Committee and remained active throughout the litigation. Mr. Alexander's experience in the field of toxic injury litigation was invaluable. (He) planned and executed the organization of plainiffs' proof of scientific and medical evidence ... including the plume study and the screening of plaintiffs for the Model Complaint. Mr. Alexander actively participated in the planning, prosecution and settlement of the case. In addition we conducted an aerial reconnaissance and inspection of General Chemical's sister facility in Wilmington, Delaware which revealed barns and sheds for housing tank cars, unlike the Richmond facility where loading and unloading of tank cars occurred in the open." This outstanding result occurred as a result of a team effort that successfully proved outrageous misconduct in the heating of the tank car which exploded, carefully selected class representatives, diligently marshaled medical and scientific evidence and created a computerized program for reporting exposures and injuries for each of the 63,000 claimants. For more information see In re GCC Richmond Works Case, Judicial Council Coordination Proceeding No. 2906, Contra Costa County Superior Court, Martinez, California.

$1,000,000 defective product recovery for the head injuries suffered by a 19 year-old driver of an unstable Ford Explorer that went out of control and rolled. Beever v. Ford, et al, Santa Clara County Superior Court.

$750,000 wrongful death recovery for the loss of a 40 year-old son by a Campbell couple in their early 60s. Bob Cortinas of Roseville was driving his Honda Civic near Sacramento when it was crushed from the rear by a school bus operated by the San Juan Unified School District. Cortinas v. San Juan Unified School District.

$750,000 recovery for the family of Joseph Pickering, a 38 year old high school teacher. Mr. Pickering during the early 1970s was employed by Chevron at its pesticide bottling plant in California and was exposed to Weed-B-Gon. The main ingredients of this pesticide during the early 1970s were 2,4 D and 2,4,5 TP. A search of local homes produced twenty year old cans of Weed-B-Gon that when tested proved to be contaminated with dioxins and furans. Mr. Pickering died of a soft-tissue sarcoma which has been identified in medical literature as being associated with the contaminants found in this common household pesticide. This case again proved that chemical exposure cases are the most challenging and most expensive of the defective product cases. Mr. Pickering was survived by his wife and three children. Pickering v. Chevron Chemical Company and Dow Chemical Company, San Francisco Superior Court Action Nos. 938467 and 952025.

$120,000,000. One of eight firms in the United States that obtained correction of defective rear hatch door lock failures in nominal impacts for 3,300,000 owners of Chrysler minivans. Actions were filed in Santa Clara County Superior Court, U. S. District Court for the Northern District of California, and state courts in New York, Louisiana, Texas and Alabama. Because door locks are not subject to any federal motor vehicle safety standard, the National Highway Traffic Safety Administration had limited authority to force a recall absent Chrysler's willingness to do so. Chrysler announced a "service action" and its intention to replace all such locks the day before our motion for class certification was set to be heard in Santa Clara County Superior Court. These related class actions resulted in a negotiated settlement under which Chrysler became contractually bound to all owners of 1984 through 1995 Chrysler minivans to replace existing rear hatch door locks. Chrysler estimates that the total cost of this contractual recall is approximately $120,000,000. Mann v. Chrysler Corporation, Santa Clara County Superior Court Action number CV 746017. The provisional settlement was given final approval by Judge Charles A. Legge in Stuart Hanlon, et al v. Chrysler Corporation, U.S. District Court, Northern District of California, Civil Action No. C 95-2010 CAL.

Confidential. In Lawrence B. Kohler and Joseph Orlando v. Nationwide Mutual Insurance Company, Employers Insurance of Wausau, et al, Civil Action No. C 93-1584 SC the plaintiffs, Nationwide's two leading commerical lines insurance brokers, that Nationwide breached their contract for failure to pay delayed compensation, improperly made chargebacks to extended earnings payments, breached their implied-in-fact contract for good cause termination, breached an implied-in-fact contract for exclusivity and alleging that Wausau tortiously interfered with contract. After completing all discovery, prior to trial, a settlement conference before the Honorable Eugene Lynch resulted in an amicable settlement which is confidential.

$6,170,000. With our co-counsel represented 1,809 California Allstate Insurance agents who had not been reimbursed for the cost of maintaining Allstate offices under R830, R1500 or R3000 employment contracts. Although these agents legally were employees of Allstate, Allstate required them to personally pay for the costs of operating company offices under its Neighborhood Office Agency program. Under the California Labor Code, employees cannot be forced to pay for an employers' business expenses as a condition of employment and Allstate paid $6,170,000 in reimbursments to its employees. In addition to receiving reimbursement of office operating expenses, one of the benefits of the settlement is the recognition of the agent's ownership interest in his book of business one year from the date of conversion to independent contractor status. Without the settlement an agent would have had to wait five years from conversion under Allstate's previous rules in order to be able to sell his or her book of business acquired prior to conversion. In re Insurance Agent Cases I and II, J. C. C.P.Nos. 2984 and 2985, Alameda County Superior Court before Hon. Joseph Carson.

$550,000,000. National consumer class action against General Motors for 5,500,000 owners of 1973-87 C and K model pickups with saddlebag gas tanks located outside the frame rails beneath the side doors. Richard Alexander represented the original 278 owners under the Magnusson-Moss Act for breach of warranty in federal court. Contribution to the legal team, in addition to responding to discovery for 278 clients, focused on engineering and design experience in gas tank failure cases,s retention of experts and preparation of direct testimony of liability experts for preliminary motions and trial focusing on defects in the saddlebag tank, proposed alternative placement and designs which would maintain fuel system integrity.

$1,200,000 [policy limits] recovery for the death of a 35 year old construction foreman employed installing curbing for the City of San Jose in residential neighborhood when he was struck by the defendant's vehicle which caused the traumatic amputation of both legs and terminal injuries to his brain and spinal cord. Mr. Mullan was survived by his wife of eight years. Mullan v. Lloyd, Santa Clara County Superior Court Action Number CV-759615.

Confidential settlements for four nursery school children molested at a public school. The Mountain View-Los Altos Union High School District operated the Los Altos Parent Preschool as part of its adult education program. The abused four year olds attended LAPP and were first molested by James Alvin Stiritz on school premises as a result of district employees providing him with access to pre-school children and allowing him to serve as a "worker parent," despite complaints to the LAPP school administrator of inappropriate touching of children by Stiritz, , an LAPP school administrator advising some "selected" parents, but not all parents and not the parents of claimants, that Stiritz was never to be left alone with children, and the complaint of one child to the LAPP school administrator that Stiritz had touched her "private parts." As a result these four children suffered severe emotional distress which required extended counselling. Santa Clara County Superior Court.

$2,000,000 recovery for stigmatized property values at EPA Superfund remediated site. Forty-two families in Sutter Creek, California learned their homes were built on land contaminated with mine tailings containing arsenic. In California's Gold Country background levels of arsenic in soil are approximately 22 parts per million [ppm]. But on these properties, arsenic levels were as high as 1320 ppm. The homes were built adjacent to a mine tailings pile three stories high, which had a top surface area of 11 acres. The tailings were created by the Central Eureka Mine which operated from 1890 to 1958. Arsenic is commonly found in gold ore and in its natural state is not considered a mining hazard, but once it is pulverized to extract gold the increased surface area accelerates its interaction with soils, salts and minerals, and renders the arensic salts bioavailable and bioaccessible. Utilizing original sales reports, appraisals both before and after the discovery of arsenic, data on the county-wide appreciation of homes reported by the Amador County Development Corporation and comparable sales in the City of Sutter Creek, and after an individual inspection of each property, a market study and appraisal by an MAI certified appraiser showed that homeowners had suffered an estimated diminution in value of approximately 25%. Total diminution in value was approximately $2,000,000. Loux et al v. AlliedSignal, et al, Amador County Superior Court.

Confidential Settlement for brain cancer after 18 days of trial. In 1972, at age 24, Glenn Alexander began working at Reynolds Metals Company in Hayward, CA. He worked there all his life as a "deco operator," a printer supervising the presses that printed soft drink and beer cans. Glenn died at age 44 of a brain tumor caused by twenty years of working with printing inks containing formaldehyde and azo pigments. Chemicals in the inks which contain formaldehyde included: melamine formaldehyde and phenol formaldehyde. Catalysts in the inks, when heated or exposed to formaldehyde create nitrosamines that cause brain cancer, include: dibuylethanolamine [DBEA] and dimethylethanolamine [DMEA] which when exposed to formaldehyde or heat form nitrosodimethyl amine and nitrosodiethanolamine. Azo pigments, generate amines during the printing process and when combined with nitrogen in the air form nitrosamines. Although the ink companies knew the conditions under which their inks were being used, including being heated to nearly 400 degrees., they never tested their coatings, which would have confirmed that nitrosamines are generated in the printing process. Alexander v. Ashland, et al, Alameda County Superior Court, Hon. Bonnie Lumen Sabraw.

$1,800,000. Confidential recovery in a case of a mother's exposure on-the-job to solvents during pregnancy which resulted in brain damage to her child and a resulting I.Q. of 50. Recovery against a subsidiary of a nationally recognized chemical manufacturer.

Confidential recovery for the family of a young father who died of leukemia after long-term exposure to spray glues in the manufacture of doors.

Confidential recovery for a child who suffered cancer living next door to an electronics manufacturing plant in Silicon Valley.

$1,182,292 judgment was entered on a jury verdict for plaintiffs, plus costs of suit [approximately $46,795] for a total recovery of $1,229,087, nearly ten times the pre-trial settlement offer of $125,000 made by Chubb insurance on behalf of its insureds San Jose Distribution Services, a partnership composed of Coastal Terminals, Inc. and San Jose Warehousing, Inc. The warehouse was defended by out-of-state ounsel for Chubb and a specialist in defending conversion claims against commercial warehouses, who tours the country for Chubb. In this case, a San Jose warehouse illegally sold the contents of a circuit board manufacturing shop owned by plaintiffs. Defendants claimed the property was only worth $23,000, based primarily on the long record of success of Chubb's attorney in other warehouse loss cases. Twelve day trial before the Honorable Joseph F. Biafore, Jr., Skover, et al., v. Warren Capital Corporation, Santa Clara County Superior Court No. 733405.

Five confidential recoveries for one survivor of brain cancer and four families of British Petroleum Amoco laboratory researchers who died from a brain cancer. All worked at Amoco's Naperville, Illinois research center's Building 503 on the third floor during the late 1970s and early '80s. All were white, male, long-term employees of Amoco, averaging 17 years in tenure, compared with the average of nine years among Naperville employees altogether. Researchers from the University of Alabama-Birmingham and Johns Hopkins University concluded that six cancer cases were more likely than not workplace related and constituted a valid brain cancer cluster. Environmental exposures account for the overwhelming percentage of cancers according to recent research. In this case the six glioma victims were frequent users of a chemical called n-hexane which was used to make plastics and were more frequently involved in a process involving ionizing radiation used to track compounds in chemical reactions. See Chicago Tribune, BP Amoco settles 5 cancer suits, March 14, 2000.

Confidential Settlement. Electrical burn resulting in amputation of the right forearm after coming in contact with 12,000 volt power line at a mountain church camp near Idaho City. Finn v. Idaho Power Company, Idacorp, Inc., Fourth Judicial District, County Of Ada, Boise, Idaho.

Confidential recovery for the death of a 19 year old man burned to death in a side impact of a 1987 Chevrolet pick-up truck with gas tanks mounted outside the frame beneath the doors. Condry v. General Motors Corporation. Missouri Circuit Court Twenty-Second Judicial Circuit, Louis City, Missouri Case Number: 022-00146.

Verdicts & Settlements :: Personal Injury Cases

Some of our past Personal Injury Cases include: