the top 100 verdictsof 2015

April 25, 2016

The cover is customized in collaboration and for the sole reprint purposes of Travelers. Motor Vehicle Case Scores Top Verdict in 2015 The $844.6M award tops a 2015 list with no billion-dollar verdicts.

BY AMANDA BRONSTAD figures. Although the category topped the list tobacco verdict and a $9 billion award in in 2015, the total amount represented a 24 an Actos trial. Among top verdicts in 2015, those percent decrease from 2014. Excluding those top two products liabil- involving motor vehicle accidents nearly “The legal rules that govern damages are ity verdicts, awards in this area declined doubled in number compared with 2014. different than they were even three years only slightly when compared to 2014. The 14 motor vehicle awards in the top ago,” said Michael Brody, co-chairman of the The largest verdict, ranked No. 9, was a 100 verdicts totaled $1.41 billion, up from intellectual property practice at Winston & $150 million verdict against Fiat Chrysler $330 million in 2014. They included the Strawn, which won three verdicts in 2015, Automobiles over the death of a 4-year-old No. 1 verdict on The National Law Journal including two IP awards of $30 million and who was burned alive when a Jeep Grand affiliate VerdictSearch’s Top 100 Verdicts $24.5 million. “It simply reflects that there Cherokee’s gas tank exploded. report. That $844.6 million award went to has been hard thinking at the [U.S. Court of “The product is totally indefensible yet the widow and son of a man killed on a Appeals for the] Federal Circuit about how to [Fiat] came in and tried to defend it,” said Florida highway by a drunk driver. address damages in these cases, and changing plaintiffs lawyer Jim Butler, founding part- The drunk driver and the dealership that the rules changes the results.” ner of Atlanta’s Butler Wooten Cheeley & loaned the victim the car were found liable, Peak, who tried the case with his son, Jeb though neither showed up at trial. But that’s Butler of Butler Tobin. not why the award was so high, according to The award in Decatur County Superior plaintiffs attorney David Brill. Top IP Verdicts Totaled Court was one of eight verdicts to come out “The widow, our client, she was just so of Georgia—a record amount for the state. powerful, so real, in explaining the love she Half of those came out of Fulton County had for her husband and what he was like in $1.43 Billion in 2015 Superior Court in Atlanta. But Butler called life,” said Brill of Brill & Rinaldi in Weston, the prevalence of Georgia verdicts a fluke. Florida. “I don’t think there was a dry eye in The highest IP verdict was a $532.9 mil- “Georgia does have a very good plaintiffs’ the courtroom.” lion award against Apple Inc. in the Eastern bar, but it also has a very good defense bar, The award included $630 million in puni- District of Texas. [See “In the Big Verdicts and it has even-handed courts,” Butler said. tive damages and $210 million in compensa- Arena,” Page 18.] It was one of three IP ver- Last year’s top verdicts came with some tory damages. dicts in that district, known for its patent cases. notable outliers. One Georgia jury award- “Juries will give a lot of money when Yet most of the top 100 awards were ed $72.7 million to a young girl who was you have catastrophically injured plain- spread across the country, with two each in mauled by two pit bulls. The verdict ranked tiffs in motor vehicle collisions,” said Brian Illinois and Nebraska. No. 24. And Texas law firm Andrews Kurth Panish, whose Los Angeles firm, Panish Apple also lost a $234.3 million verdict, suffered a rare $197.8 million legal malprac- Shea & Boyle, garnered two verdicts in the ranked No. 5, in Wisconsin, where the tice verdict that ranked No. 6. [See Page 18]. top 100 list, including $34.5 million for a University of Wisconsin’s licensing arm The No. 2 award was a $655.5 million man whose leg was amputated after a trac- sued over a microchip technology patent. verdict against the Palestine Liberation tor-trailer hit him. The largest motor vehicle award in which Organization and the Palestinian Authority VerdictSearch’s list is based on its sur- the defendant actually showed up to trial over their alleged roles in six terrorist vey of court records, consultations with was a $165.5 million verdict against FedEx attacks in Israel. The New York jury’s origi- lawyers and a review of news reports. The Corp. over its alleged failure to train the nal award was automatically tripled under report does not take into account subse- driver of a tractor-trailer who crashed into the Anti-Terrorism Act. quent judicial reductions, offsets or appeals. a truck, killing a young mother and her But the case wasn’t easy. The testimony [See Methodology, Page 18]. 4-year-old daughter. It ranked No. 7. was emotional, the evidence was abroad, In 2015, intellectual property remained It was the largest civil award in the his- and terror groups are good at hiding their the top category in both number of awards tory of New Mexico, said James Scherr of activities, said Kent Yalowitz, a partner at and total dollar value, with 16 verdicts total- Scherr Legate of El Paso, who represented Arnold & Porter in New York who repre- ing $1.43 billion. the woman’s husband and son, who was sented the 36 victims and their families But take a gander at 2015’s top 100 ver- injured from the crash. who were awarded the damages. He said dicts list and you’ll see something miss- “The evidence in our case was compelling this was the “first case under the Anti- ing—billions. because we had a collision that occurred dur- Terrorism Act tried to full verdict.” For the first time in eight years, there were ing the danger zone,” he said, referring to the “The law is designed to protect Americans no verdicts worth $1 billion or more in a hours between midnight and 6 a.m., when wherever they travel around the globe, year’s span. The total amount awarded in most accidents occur. and people who engage in terror and pro- 2015 was less than $7.5 billion, down 82 vide material support to terror organiza- percent from 2014. Products liability declines tions need to be on notice that there will be The absence of a $1 billion verdict comes Products liability verdicts, historically severe consequences to that,” he said. “This as intellectual property, which contributed among the top 10, fell to $625.5 million, jury sent that message loudly.” three $1 billion-plus verdicts in 2012, has down from the $33.3 billion recorded in continued its downward spiral in total dollar 2014, which included a single $23.6 billion Contact Amanda Bronstad at [email protected]. the top 100 verdicts of 2015

The National Law Journal’s VerdictSearch affiliate scoured the nation’s court records in search of 2015’s biggest verdicts, also consulting with practitioners and reviewing reports by other ALM Media publications. The amounts listed here represent jury awards—they do not account for judicial reductions, offsets or appeals.

top 100 verdicts of 2015

Judge John T. Luzzo Date 6/17/2015

Plaintiff Top Verdict Categories Attorney(s) David W. Brill, Brill & Rin aldi, The Law Firm, Dollar value of Top 100 verdicts by cause of action, in millions. Weston, FL (Estate of Timothy(deceased) Blaikie, 2014 2015 Suzanne Blaikie) Robert J. McKee, The 1 Products liability $33,283 1 Intellectual Property $1,427 McKee Law Group LLC, Weston, FL (Estate of 2 Intellectual property $1,870 2 Motor Vehicle $1,409 Timothy(deceased) Blaikie, 3 Breach of contract $1,230 3 Breach of fiduciary $713 Suzanne Blaikie) Joseph J. Rinaldi, Jr., Brill 4 Breach of fiduciary duty $915 4 Assault and battery $656 & Rinaldi, The Law Firm, Weston, FL (Estate of 5 False Claims Act $525 5 Products liability $626 Timothy(deceased) Blaikie, Suzanne Blaikie) 6 Motor vehicle $330 6 Breach of contract $496 Mary Luz Rodriguez, The McKee Law Group LLC, 7 Worker/workplace negligence $309 7 Medical malpractice $333 Weston, FL (Estate of Timothy(deceased) Blaikie, 8 Antitrust $251 8 Workplace safety $289 Suzanne Blaikie)

9 Fraud $239 9 Worker/workplace negligence $238 Defense Attorney(s) None reported (Auto 10 Employment $212 10 Premises liability $221 America Automotive Corporation, doing Source: VerdictSearch. Figures are rounded to the nearest $1 million. business as Auto America, Christopher Moreno-Vega, Jean Wilder) one Case Suzanne Blaikie, personal representative of the Estate Daniel M. Novigrod, Industry: Auto of Timothy Blaikie v. Hightower, Auto America Automotive Stratton, Wilhelm, Miami, Motor vehicle Corporation, doing FL (Penrod’s Elbo Room, Inc.) Alcohol Involvement business as Auto America, Christopher Moreno-Vega, Facts & Allegations On May 5, 2013, Penrod’s Elbo Room, Inc., at 2:15 a.m. Timothy Blaikie, 49, was riding Vehicle fatality robbed and Jean Wilder, No. CACE- his motor scooter on South Federal Highway 13026068 family of husband, father in Broward County when a 1983 Toyota Court Broward County Circuit Camry driven by Christopher Moreno-Vega Verdict $844,566,000 Court, 17th, FL collided into the back of the scooter. Blaikie recover damages for their pain and suffering, FedEx driver killed was catapulted through the air and across and loss of services, as a result of Timothy’s mother, daughter in the car windshield, fracturing his spine and death. Joe is a U.S. Marine, serving in Iraq instantly killed. and was unable to be at trial. Joe is Suzanne’s crash, suit alleged Suzanne Blaikie, as personal representative biological son by a prior marriage. Joe grew of the estate of her husband, sued Moreno- up mostly without his biological father. Verdict $165,533,000 Vega claiming he was negligent in the Timothy adopted Joe as his own son. The operation of the vehicle. Moreno-Vega was estate submitted a letter to the jury that Joe Case Alfredo Morga, individually charged with driving under the influence wrote to his adoptive father Timothy before and on behalf of the Estate of alcohol and sentenced to a probation he was deployed to Afghanistan. Joe wrote: of Ylairam Morga, deceased, term. The estate also sued Auto America “A boy remains a boy without a father...you, and as next friend of Yahir Automotive Corporation, doing business as not the Marines, have made me the fine man Morga, minor child; Rene Auto America, alleging it loaned the vehicle that I am.” The estate’s counsel argued that Venegas Lopez, individually to Morena-Vega, and asserted claims for Suzanne and Joe suffered a profound loss as and as the administrator vicarious liability and negligent entrustment. a result of the death of Timothy. of the Estate of Marialy The estate alleged Moreno-Vega purchased The estate’s counsel suggested the jury Ruby Venegas Morga, a car from Auto America, which subsequently award $120 million. The estate’s counsel deceased, and Georgina broke down. The estate alleged Auto America argued that a message should be sent to Leticia Venegas, individually then loaned Morena-Vega a Toyota Camry to defendants who did not even bother to v. FedEx Ground Package use while his vehicle was being repaired. The participate in the trial process. System Inc., Ruben’s estate alleged Auto America was vicariously Trucking LLC a/k/a Ruben liable under the dangerous instrumentality Result The jury determined $281,522,000 Reyes a/k/a Shooter’s doctrine for the negligent operation of in damages against Moreno-Vega. The Express Trucking Inc., the the vehicle by Moreno-Vega. The estate jury determined $563,044,000 in damages Estate of Elizabeth Sena additionally sued Jean Wilder, the Toyota against America Automotive Corporation. Quintana, and M & K’s Camry’s previous owner, due to conflicting Hence, the total award was $844,566,000. Trucking Inc., No. D-101- information as to who actually owned the Estate of CV-2012-01906 vehicle at the time of the accident. The estate Blaikie $420,000,000 punitive Court Santa Fe County District later dropped Wilder from the case, after the damages Court, 1st, NM conflict was resolved and it was proven that $3,020,000 Estate’s loss of Judge Sarah M. Singleton Wilder had indeed sold the Toyota Camry to net accumulations Date 1/23/2015 Auto America, prior to the accident. $24,000 Medical or funeral The estate also sued Penrod’s Elbo Room, Plaintiff expenses Attorney(s) Joseph Cervantes (co-lead), Inc., the bar where Moreno-Vega allegedly $423,044,000 consumed alcohol prior to the accident. Cervantes Law Firm, P.C., Moreno-Vega was employed as a bouncer Suzanne Las Cruces, NM (Estate at Penrod’s Elbow Room, Inc. The estate Blaikie $70,000,000 pain and of Marialy Ruby Venegas alleged that throughout the evening at the suffering, loss of services Morga, Georgina Leticia Elbo Room, located in Broward County, $70,000,000 Venegas, Rene Venegas Moreno-Vega had been consuming alcohol Lopez) such that his ability to operate a motor Blaikie Joe $70,000,000 pain and James F. Scherr (co-lead), vehicle would be impaired. The estate alleged suffering, loss of services Scherr Legate, El Paso, TX that Penrod’s was negligent for allowing $70,000,000 (Alfredo Morga, Estate Moreno-Vega to drink any alcohol while of Ylairam Morga, Yahir Trial Details Trial Length: 4 days working his job as a bouncer. Penrod’s Morga) Trial Deliberations: 25 claimed Moreno-Vega was not an employee Daniel Anchondo, minutes of the bar. The estate claimed Moreno-Vega Anchondo & Anchondo, El Paso, TX (Estate of Marialy admitted in depositions that his friend who Editor’s Note This report is based on Ruby Venegas Morga, worked at the bar as a bouncer and asked information that was provided by plaintiff’s Georgina Leticia Venegas, Moreno-Vega to “try out” bouncing for a counsel. day and see if he liked it. Rene Venegas Lopez) Prior to trial, Penrod’s settled with the –Gary Raynaldo Sam J. Legate, Scherr estate for terms that were not disclosed. Legate, El Paso, TX (Alfredo Moreno-Vega and Auto America, did not Morga, Estate of Ylairam respond to the lawsuit and the court issued seven Morga, Yahir Morga) default judgements for liability against them. Industry: Auto Defense A trial to determine damages proceeded only Attorney(s) Brenda M. Saiz (lead), against Moreno-Vega and Auto America. MOTOR VEHICLE Rodey, Dickason, Sloan, Akin, & Robb, P.A., Injuries/Damages death; loss of society Wrongful Death — Worker/Workplace Negligence Albuquerque, NM Suzanne Blaikie and Joe Blaikie, Timothy Blaikie’s wife and son, respectively, sought to Jeffrey M. Croasdell, Rodey, had approximately one mile of visibility, put on his flashers, and reversed his truck. Dickason, Sloan, Akin, & which was more than enough distance to Robb, P.A., properly stop and avoid hitting Morga. Injuries/Damages aggravation of pre- Albuquerque, NM The plaintiffs’ expert on the trucking existing condition; back; death; depression; Shannon M. Sherrell, Rodey, industry opined that FedEx had no safety emotional distress; fracture, ankle; fracture, Dickason, Sloan, Akin, & programs and no safety manual for driving in tibia; head; hematoma; leg; liver, laceration; Robb, P.A., the danger-zone (the period between midnight lung, contusion; memory, impairment; Albuquerque, NM and 6 a.m.) or for fatigue, which is a well- multiple trauma; post-traumatic stress known danger of night driving. According to disorder; psychiatric; seizure disorder; swelling Facts & Allegations On June 22, 2011, the expert, tractor-trailer-related accidents are Yahir, who was sitting in the front, in a at 1:30 a.m., plaintiff’s decedent Marialy seven times more likely to happen during the child’s seat, suffered a left tibia fracture, a Ruby Venegas Morga, 22, was driving a danger zone, due to the fact that the human left ankle fracture, a lung contusion, back pickup truck on Interstate 10, just outside of body reduces its temperature, awareness, and head injuries, an internal hematoma, and Las Cruces, when she was rear-ended by a and reaction time. The expert faulted FedEx mild tissue swelling. FedEx tractor-trailer. for its complete lack of safety training for Yahir was airlifted to a hospital, where According to her estate, Morga, of El Paso, drivers, not only for danger-zone driving but he was treated and discharged on June was driving with her 4-year-old daughter for driving in general. 27. He continued to be monitored by his (plaintiff’s decedent Ylairam Morga) and Plaintiffs’ counsel presented evidence to pediatrician in the ensuing weeks. 19-month-old son (plaintiff Yahir Morga) to show that FedEx Ground has more than According to plaintiffs’ counsel, Yahir will Deming, NM, to visit her husband (plaintiff 30,000 trucks and more than 50,000 need future treatment, including physician Alfredo Morga, in his early 20s) at his drivers on the roads, but owns no trucks or care, routine diagnostics, medications, worksite. She was in the far right side of the drivers, since it operates through contractors rehabilitation services, nursing and attendant slow lane, slowing down with her emergency consisting of small owner/operators who care, and acute care. Yahir sought to recover flashers and taillights activated. (It is commit to a full-control lease. The lease $417,926.47 in future medical expenses. unknown why Morga was slowing down.) agreements are permitted under the Federal The plaintiffs’ expert in neuropsychology As Morga was slowing, she was rear-ended Motor Carrier Safety Administration, which testified that research has demonstrated by the FedEx tractor-trailer, driven by Sena allows FedEx Ground to take exclusive that individuals at a younger age at the Quintana, who was driving 60 to 65 miles possession, use, and control of the tractors, time of a parental death are associated with per hour while hauling two trailers. and controls virtually all details of the work poorer mental-health outcomes. The expert Morga and Ylairam, who was sitting in of the drivers. concluded that Yahir is at greater risk than the rear seat, were killed instantly, as was The defense faulted Morga for causing the the normal population to suffer from mental- Quintana. Yahir survived. accident, since she inexplicably stopped in the health problems due to the death of his FedEx had entered into a full-control road. According to the defense’s experts on mother, and quite possibly his sister. lease agreement with Ruben Reyes (and human factor and accident reconstruction, Morga’s husband claimed that the loss of his company, Ruen’s Trucking LLC) and Quintana, at night, needed 500 feet to his wife and daughter caused him to suffer his son’s company, M & K’s Trucking Inc., perceive, react, and have the effects of her depression, post-traumatic stress disorder, which had retained and paid Quintana. reaction take place to avoid the accident. By and an aggravation of a pre-existing seizure Morga’s husband and her parents sued the time she perceived Morga’s truck, she was disorder (he had been seizure-free for two- FedEx Ground Package System Inc., Ruben’s 300 feet away, and had insufficient time to and-half years prior to the accident), in Trucking, M & K’s Trucking, and Quintana’s avoid the accident. Given Quintana’s speed which he suffered a seizure once a month estate on claims of negligence. (which was within the legal speed limit) and post-accident. Additionally, he experiences According to plaintiffs’ counsel, Quintana the load she was hauling, it would have been memory loss and difficulty concentrating. had been taking medication for sleeping impossible for her to completely stop or avoid He treated with counseling and increased his problems related to late-night driving and hitting Morga’s pickup. Quintana did not seizure medication. was emotionally impaired by the recent have the time or the distance to react once Morga’s husband testified about how he sexual assault of her daughter. she realized that Morga’s vehicle was stopped. and Morga met while playing soccer at age A driver in front of Morga testified that The defense’s expert on the trucking 13 and fell in love, and remained together he had seen Morga’s pickup truck with the industry opined that FedEx had complied through high school. He said that Morga and flashers on. He was in the same lane as she with the Federal Motor Carrier Safety their children were on their way from Texas and had swerved to the left to avoid hitting Administration. The expert testified to New Mexico to surprise him when the her; as a result, he went onto the median and that Quintana was a qualified, trained, accident happened. applied his own flashers and brake lights. commercial motor-vehicle driver with Plaintiffs’ expert in neuropsychology The witness stated that Quintana, as she more than 15 years of night-time driving attributed Morga’s husband’s aggravation came upon Morga’s pickup, took no evasive experience. of a pre-existing seizure disorder and action, did not apply her brakes, did not take The defense also cited the testimony of the psychological issues to the loss of his wife and her foot off the gas, and made no effort to witness for plaintiffs’ counsel. That driver daughter. The expert determined that Morga move to the completely open left lane. The testified that he initially thought Morga was requires medical monitoring, counseling, witness said that an 18-wheel tractor-trailer travelling at highway speed, and realized at and medications, all of which was estimated traveling behind Quintana was able to come the last moment that she was not. The driver at $250,068. to a complete stop. said that he almost rolled his truck in an Morga’s parents testified about how their The plaintiffs’ expert on accident effort to avoid impact. After he barely avoided daughter, even after starting to her own reconstruction determined that Quintana impacting Morga, he pulled to the median, family, continued to help prepare their meals, called them regularly, and drove them to Defense First Associates, LLC, Leon doctor appointments. Morga’s parents Expert(s) S. Dale Fridley, P.E., D. DeMatteis Construction sought to recover damages pursuant to their accident reconstruction, Corporation, Mattone claims. (Morga was not employed at the time Phoenix, AZ Group Construction Co. of the accident.) Kerry V. Nelson, trucking Ltd., Mattone Group The defense’s expert in neurology disputed industry, Phoenix, AZ Ltd., Mattone Group that Morga and Yahir’s deaths aggravated Paul L. Olson, Ph.D., human LLC, Howard I. Shapiro Morga’s husband’s seizure disorder. factors -- see also technical- & Associates Consulting engineering-ergonomics, Engineers, P.C., New York Result The jury found that FedEx was 65 Ann Arbor, MI Rigging Corp., Tower percent liable; M & K’s Trucking, Ruben’s, Don Seelinger, M.D., Rigging, Inc., Lucius Pitkin, and Quintana were each 10 percent liable; neurology, Albuquerque, NM Inc., McLaren Engineering and Morga was 5 percent liable. According Group, M.G. McLaren, to jurors, the defendants’ acts did not amount Post-Trial An appeal was filed after the P.C., & John/Jane Does to reckless or wanton conduct. court denied defense counsel’s motions for 1 through 10; Xhevahire The plaintiffs were determined to receive remittitur and new trial. Sinaj and Selvi Sinanovic $165,533,000, which was reduced by as Co-Administrators of Editor’s Note This report is based on Morga’s comparative fault to $163,933,000. the Estate of Ramadan information that was provided by counsel for Kurtaj, Deceased, and Selvi Rene the Morgas and the defendants. Counsel for Sinanovic, Individually v. Venegas the Venegases did not respond to the report- The City of New York,New Lopez $32,000,000 on behalf of er’s phone calls. Marialy Morga York City Department of $208,000 individual –Aaron Jenkins Buildings, Michael Carbone, damages Patricia J. Lancaster, Robert $32,208,000 LiMandri, City of New fourteen York School Construction Alfredo Authority, New York City Morga $40,125,000 individual Industry: Construction Educational Construction damages Fund, City of New York $61,000,000 on behalf of Worker/workplace School Construction Ylairam Morga Negligence Fund, New York Crane & $32,000,000 on behalf of Negligent Repair — Wrongful Death — Survival Equipment Corp., James Yahir Morga F. Loma Inc., Tes, Inc., $133,125,000 Damages JF Loma Trucking and Georgina Rigging, JF Loma Rigging Leticia Crane’s deadly collapse and Specialized Services, Venegas $200,000 a result of frugality, James F. Loma, Brady Insurer(s) Protective Insurance Co. for Marine Repair Co., Testwell, Ruben’s Trucking LLC and lawsuit alleged Inc., Branch Radiographic M & K’s Trucking Inc. Laboratories, Inc., Crane Inspection Services LTD., Verdict $95,971,644 Trial Details Trial Length: 8 days Sorbara Construction Actual $102,201,644 Corp.,1765 First Associates, Plaintiff Case Maria Leo, Administratrix LLC, Leon D. DeMatteis Expert(s) Curtis J. Flynn, accident for the Estate of Her Son, Construction Corporation, reconstruction, Donald Christopher Leo, Mattone Group Construction El Paso, TX Deceased, v. The City of Co. Ltd., Mattone Group John H. King, Ph.D., New York, New York City Ltd., Mattone Group psychology/counseling, Department of Buildings, LLC, Howard I. Shapiro Albuquerque, NM (non- Michael Carbone, Patricia J. & Associates Consulting treating) Lancaster, Robert LiMandri, Engineers, P.C., New York M. Brian McDonald, Ph.D., City of New York School Rigging Corp., Tower economics, Albuquerque, NM Construction Authority, Rigging Consultants, Tower John W. Moore, truck New York Crane & Rigging, Inc., Unique industry policy & Equipment Corp., James F. Rigging Corp. Lucius Pitkin, procedures, Scottsdale, AZ Lomma, J.F. Lomma, Inc., McLaren Engineering Angelo E. Romagosa, M.D., Inc., Brady Marine Repair Group, M.G. McLaren, P.C., life care planning, El Paso, Co., Testwell, Inc., Branch & John/Jane Does 1 through TX Radiographic Laboratories, 10, Alan H. Tyroch, M.D., Inc., Crane Inspection No. 117294/08; 117469/08 emergency medicine, El Services LTD., Sorbara Paso, TX (non-treating) Construction Corp.,1765 Court New York Supreme, NY Judge Manuel J. Mendez Mark D. Levi, Smith Mazure welded the crane’s turntable, Brady Marine Date 8/3/2015 Director Wilkins Young & Repair Co. Inc.; an entity that had inspected Yagerman, P.C., New York, the turntable’s welds, Branch Radiographic Plaintiff NY (Leon D. DeMatteis Laboratories Inc.; and one of the project’s Attorney(s) Susan M. Karten (lead), Susan Construction Corp.) engineers, Howard I. Shapiro & Associates, M. Karten & Associates, LLP, Robert M. Ortiz, appellate Consulting Engineers, P.C. The estate alleged New York, NY (Estate of counsel, Shaub, Ahmuty, that Howard I. Shapiro & Associates, J.F. Ramadan Kurtaj) Citrin & Spratt LLP, Lomma Inc., James Lomma, and New York Bernadette Panzella (lead), New York, NY (Leon D. Crane & Equipment negligently failed to Bernadette Panzella, P.C., DeMatteis Construction ensure the crane’s structural integrity. The Staten Island, NY (Estate of Corp.) estate also alleged that Leon D. DeMatteis Donald Christopher Leo) Carl M. Perri, Clausen Construction, Mattone Group Construction Robert Mulhall, of counsel, Miller P.C., New York, Co. Ltd., Mattone Group LLC and Mattone Bernadette Panzella, P.C., NY (Branch Radiographic Group Ltd. violated the New York State Labor Staten Island, NY (Estate of Laboratories Inc.) Law. The estate further alleged that Brady Donald Christopher Leo) Barbara A. Sheehan, Marine Repair and Branch Radiographic Michael G. O’Neill, Law Nicoletti Hornig & Sweeney, Laboratories were negligent in their repair Office of Michael G. New York, NY (1765 First and/or inspection of the crane. O’Neill, New York, NY Associates LLC) In a contemporaneous filing, Kurtaj’s (Estate of Ramadan Kurtaj) Raymond F. Slattery, cousin, Xhevahire Sinanaj, and Kurtaj’s Robert G. Schacht, of Cartafalsa, Slattery, Turpin widow, Selvi Sinanovic, acting as counsel, Bernadette & Lenoff, New York, NY administrators of Kurtaj’s estate, sued J.F. Panzella, P.C., Staten Island, (Sorbara Construction Corp.) Lomma Inc., James Lomma, and New York NY (Estate of Donald Cruz Williams, of counsel, Crane & Equipment. The estate alleged that Christopher Leo) Wilson, Elser, Moskowitz, J.F. Lomma Inc., James Lomma, and New Craig H. Snyder, Susan M. Edelman & Dicker LLP, York Crane & Equipment negligently failed Karten & Associates, LLP, New York, NY (James to ensure the crane’s structural integrity. New York, NY (Estate of F. Lomma, J.F. Lomma The cases were consolidated. Ramadan Kurtaj) Inc., New York Crane & J.F. Lomma Inc., James Lomma, and New Defense Equipment Corp.) York Crane & Equipment impleaded Donald Attorney(s) Max Bookman, Smith None reported (Howard Leo’s employer, Sorbara Construction Corp. Mazure Director Wilkins I. Shapiro & Associates, The first-party defendants alleged that Young & Yagerman, P.C., Consulting Engineers, P.C., Sorbara Construction negligently failed to New York, NY (Leon D. TES Inc.) ensure the crane’s structural integrity. DeMatteis Construction Plaintiffs’ counsel discontinued the claims On May 30, 2008, Corp.) Facts & Allegations against Howard I. Shapiro & Associates and plaintiff’s decedent Ramadan Kurtaj, 27, Roy W. Breitenbach, TES. The plaintiffs, Brady Marine Repair, a laborer, and plaintiff’s decedent Donald Garfunkel Wild, P.C., Branch Radiographic Laboratories and Sorbara Leo, 30, a crane’s operator, worked at a Great Neck, NY (Mattone Construction negotiated pretrial settlements. construction site that was located at 1765 Group Construction Co. Brady Marine Repair agreed to pay $800,000; First Ave., in Manhattan. Workers were Ltd., Mattone Group LLC, Branch Radiographic Laboratories agreed constructing a 34-story building. Kurtaj was Mattone Group Ltd.) to pay $180,000; and Sorbara Construction working on the ground, installing plumbing, Glenn J. Fuerth, Wilson, agreed to pay $3.5 million and Leo was operating a freestanding tower Elser, Moskowitz, Edelman During the trial, plaintiffs’ counsel crane. The crane sheared off of its supporting & Dicker LLP, New York, discontinued the claims against Mattone turntable, and it collapsed. The crane’s cabin, NY (James F. Lomma, J.F. Group Construction Co. Ltd., Mattone in which Leo was working, plummeted more Lomma Inc., New York Group LLC and Mattone Group Ltd. The than 200 feet, struck a building and landed on Crane & Equipment Corp.) plaintiffs, 1765 First Associates and Leon pavement. Kurtaj became pinned beneath the Robert P. Fumo, Law Office D. DeMatteis Construction negotiated a fallen crane. The men sustained fatal injuries. of James J. Toomey, New settlement. Those defendants agreed to pay Leo’s mother, Maria Leo, acting as York, NY (Brady Marine a total of $1.75 million. The trial continued administrator of her son’s estate, sued the Repair Co. Inc.) against J.F. Lomma Inc., James Lomma, and crane’s owners, J.F. Lomma Inc. and New Alan Kaminsky, Lewis New York Crane & Equipment. York Crane & Equipment Corp.; the president Brisbois Bisgaard & Smith Plaintiffs’ counsel claimed that the crane’s of those corporations, James Lomma; another LLP, New York, NY (Leon collapse was a result of a defective weld. company that was believed to be an owner of D. DeMatteis Construction They further claimed that the defendants the crane, TES Inc.; the premises’ owner, 1765 Corp.) willfully and recklessly failed to ensure the First Associates LLC; the project’s manager, David Lafarga, Lewis crane’s structural integrity. Leon D. DeMatteis Construction Corp.; Brisbois Bisgaard & Smith During the year that preceded the accident, the project’s developers, Mattone Group LLP, New York, NY (Leon an inspection revealed a large crack of Construction Co. Ltd., Mattone Group LLC D. DeMatteis Construction the crane’s turntable. The New York City and Mattone Group Ltd.; a company that had Corp.) Department of Buildings ordered immediate suspension of the crane’s use. The agency past and future loss of services, $10 million $26,300 funeral burial also specified that it had to approve any for Kurtaj’s pre-impact terror, $25 million expense party that would perform reparatory for Kurtaj’s pain and suffering, and punitive $8,000,000 survival welding. Plaintiffs’ counsel claimed that damages. $24,000,000 punitive the defendants determined that the crane Leo was trapped in the crane’s cabin. damages had to undergo replacement and welding of Witnesses claimed that he unsuccessfully $7,500,000 pre-impact a bearing that facilitated movement of the attempted to steady the crane, that he braced terror turntable. The work was assigned to a China- himself, and that he prayed. Plaintiffs’ counsel $39,818,300 based company, RTR Bearing Co. Plaintiffs’ claimed that Leo experienced pre-impact counsel claimed that RTR Bearing doubted terror. Plaintiffs’ counsel also claimed that Trial Details Trial Length: 11 months its ability to adequately perform the required Leo suffered 27 minutes of excruciating pain. Trial Deliberations: 3 days welding, that RTR Bearing suggested that a Leo, 34, died May 30, 2008. Leo’s estate Jury Vote: 6-0 U.S.-based company could properly perform sought recovery of wrongful-death damages Jury Composition: 2 male, 4 the weld, and that the defendants were that included the cost of Leo’s funeral and female aware of RTR Bearing’s concerns, but that burial, damages for the estate’s past and Plaintiff the defendants retained RTR Bearing. They future loss of services, damages for Leo’s pre- Expert(s) Jonathan A. Cunitz, D.B.A., contended that the defendants prioritized the impact terror, and damages for Leo’s pain economics, Westport, CT lower cost that would be incurred if RTR and suffering. Bernd J. Fischer, Ph.D., Bearing performed the entire job. Plaintiffs’ The defense’s expert pathologist opined foreign culture, Fort Wayne, counsel also claimed that the New York City that sedation greatly diminished the extent of IN Department of Buildings was not asked to pain that Kurtaj experienced. The defense’s Eric J. Kaufmann, welding, inspect RTR Bearing’s work. expert biomechanical engineer opined that Bethlehem, PA The plaintiffs’ expert metallurgist opined that Leo experienced a fraction of a second of Richard H. McSwain, the crane’s collapse was a result of a deficiency pain, though he conceded that he could not Ph.D., P.E., metallurgical, of a weld that RTR Bearing performed. The confirm when or if Leo became unconscious. Pensacola, FL plaintiffs’ expert welder estimated that the Ashraf Metwally, structural, Result The jury found that the crane’s col- weld was defective, that the defendants should New York, NY lapse was a result of negligent acts or omissions have rejected it, and that the weld should Howard Schwartz, M.D., of J.F. Lomma Inc., James Lomma, and New not have been placed on the crane. Sorbara internal medicine, Bronx, NY York Crane & Equipment. The jury also found Construction’s counsel presented an expert Lawrence Kent Shapiro, that the defendants’ negligence was wanton and welder who opined that RTR Bearing’s weld engineering, Lynbrook, NY was the worst weld he has examined. reckless. The jury further found that Brady The defense’s expert welder opined that Marine Repair, Leo and Sorbara Construction Defense the weld was partially defective, but that the were not negligent. James Lomma was assigned Expert(s) Stuart B. Brown, crane was safe. Defense counsel suggested 61 percent of the liability; J.F. Lomma Inc. was engineering, Needham that the weld’s failure was a result of Leo’s assigned 20 percent of the liability; and New Heights, MA improper operation of the crane. York Crane & Equipment was assigned 19 per- Edward Cox, welding, Defense counsel also contended that Brady cent of the liability. Austin, TX Marine Repair and Branch Radiographic Dennis Deegan, Ph.D., The jury determined that damages totaled Laboratories inspected and approved RTR metallurgy, $95,971,644. After addition of the money Bearing’s work. However, Brady Marine Easton, PA recovered via settlements, the plaintiffs’ Repair claimed that it did not inspect RTR Soumitra Eachempati, M.D., recovery totaled $102,201,644. Bearing’s work, that it performed nothing trauma, more than a secondary weld, and that its New York, NY (treating weld was inspected and approved by Branch doctor) Radiographic Laboratories. Estate of Ronald J. Fijalkowski, Ramadan Ph.D., biomechanical, Penns Kurtaj $77,344 past loss of services Injuries/Damages death Park, PA $576,000 future loss of Kurtaj was trapped beneath the fallen Leonard R. Freifelder, Ph.D., services crane. He was transported to a hospital, economics, New York, NY $24,000,000 survival where he died. Rahul Sharma, M.D., $24,000,000 punitive Plaintiffs’ counsel claimed that Kurtaj emergency medicine, New damages suffered 36 minutes of excruciating pain. He York, NY (treating doctor) $7,500,000 pre-impact terror was sedated, but witnesses claimed that he Mark L. Taff, M.D., forensic $56,153,344 was moaning. Witnesses also claimed that pathology, West Hempstead, Kurtaj ran when he saw the crane falling. Estate of NY Plaintiffs’ counsel contended that Kurtaj Donald experienced pre-impact terror. Christopher Post-Trial Justice Manuel Mendez denied Kurtaj, 27, died May 30, 2008. He was Leo $42,000 past loss of services the liable defendants’ counsel’s motion to set survived by a wife. Kurtaj’s estate sought $250,000 future loss of aside the verdict. recovery of wrongful-death damages that services included unspecified amounts for the estate’s Editor’s Note This report is based on information that was provided by plain- tiffs’ counsel, 1765 First Associates’ coun- moving his belongings from one apartment once, unsuccessfully, on May 29, 2010. sel, Brady Marine Repair’s counsel, Leon unit to another at Edgewater at Sandy Defendants argued, however, that on the D. DeMatteis Construction’s counsel and Springs, an apartment complex in Sandy morning of May 31, 2010, Wells woke up Sorbara Construction’s counsel. Additional Springs. At approximately 12:20 p.m., a gas in his new apartment and attempted to information was gleaned from court docu- explosion occurred in Wells’ new apartment light the water heater pilot one more time. ments and from an article that was published unit while he was inside. Wells claimed Defendants further believed that, during by the New York Post. The remaining defen- he was engulfed by a large fireball, which this final attempt, plaintiff opened the valve dants’ counsel did not contribute. caused first-, second- and third-degree burns to the dryer line. They argued that after to 22 percent of his body. unsuccessfully lighting the water heater, –Jack Deming Wells sued Aslan Commons LLC, the plaintiff went back to his old apartment owner of the apartment complex, and while the open valve allowed gas to flow into Worthing Holdings LLC d/b/a The Worthing the apartment, later causing the explosion. twenty-three Companies, the management company. Plaintiff brought causes of action for premises Injuries/Damages burns, first degree; Industry: Real Estate liability and negligence, specifically negligent burns, second degree; burns, third degree; scar and/or disfigurement; skin graft PREMISES LIABILITY supervision, hiring, training and retention of employees and the entrustment of said Wells was taken by ambulance to the Fire —Negligent Repair and/or Maintenance property to agents and employees. emergency room from the scene of the Wells contended that after entering his accident. He sustained first-, second- and Gas explosion leads to new apartment, moments before the blast, third-degree burns to 22 percent of his he heard a noise that sounded like something body, requiring extensive treatment and major burn injuries to was igniting, which was followed by a large rehabilitation. Within a week of being new tenant explosion that engulfed his body in flames. admitted to the hospital, Wells began Wells argued that defendants failed to install undergoing several skin grafting surgeries to a cap on the apartment’s gas line, which treat the burn wounds. Verdict $72,960,000 allowed the unit to fill with gas and resulted Wells claimed he is permanently injured Actual $25,871,641 in the explosion. and scarred, and has suffered lost wages. He claimed he now has a diminished work Case Stephen D. Wells v. Wells claimed that, while his new lease capacity, as he had to quit his job as a teacher Aslan Commons LLC was set to begin on June 1, 2010, defendants’ due to the demands of the profession. He and Worthing Holdings leasing specialist gave him a key to the claimed he has since taken a position in LLC d/b/a The Worthing apartment three days early and advised him the building department of a Lowe’s Home Companies, No. he could begin moving things into his Improvement store. 12EV014728 new apartment. Wells argued, however, Wells claimed $226,396.52 in past medical Court Fulton County, State Court, that defendants failed to inspect his new costs and $26,617.25 for loss of personal GA apartment before giving him the key and did property. He also sought damages for future Judge Eric A. Richardson not inspect the apartment’s gas dryer line to medical costs, loss of earning capacity, and Date 1/15/2015 determine whether it was capped after the previous tenant left. pain and suffering. Wells further sought Plaintiff Wells argued that no warning was provided punitive damages, arguing that defendants Attorney(s) Peter A. Law (lead), Law & to him regarding the gas line in his new acted with conscious indifference, as well as Moran Attorneys at Law, apartment, or that defendants had not had attorney’s fees. Atlanta, GA the gas “made ready” completed and that Defendants argued that Georgia’s E. Michael Moran, Law & the apartment could not be safely occupied apportionment statute precluded plaintiff Moran Attorneys at Law, until June 1. Wells further argued that, on from recovering damages because his Atlanta, GA the morning of the explosion while he was negligence in activating the gas dryer line Christopher B. Newbern, showering in his old apartment, a maintenance (allowing his apartment to fill with gas) was Law & Moran Attorneys at worker entered his new apartment to work greater than or equal to defendants’ alleged Law, Atlanta, GA on the HVAC unit. Plaintiff claimed this is negligence, if any. when gas began flowing into the unit and Defense Result The jury found for the plaintiff that other tenants even complained about Attorney(s) Michael G. Frick, Hall and determined that his damages totaled the smell, but defendants failed to take any Booth Smith, P.C., $72,960,000. Plaintiff was additionally safety precautions. Brunswick, GA awarded prejudgment interest in the amount Defendants argued that Wells was Jonathan “Tyler” of $561,640.96, for a total of $73,521,640.96. comparatively negligent for the explosion. Schermerhorn, Weinberg Following a motion by the defense, the Defendants acknowledged that the unit, as Wheeler Hudgins Gunn & judge reduced the punitive damages award well as others in the complex, had uncapped Dial LLC, Atlanta, GA from $47.9 million to $250,000, to reflect the gas lines, but argued that the gas would not Y. Kevin Williams, Weinberg state’s $250,000 cap on punitive damages. flow into the apartment unless the shutoff Wheeler Hudgins Gunn & Plaintiff’s net recovery as it stands, including valve was left open as well. Defendants Dial LLC, Atlanta, GA prejudgment interest, is $25,871,640.96. argued that Wells opened the valve while Facts & Allegations On May 31, 2010, trying to light the apartment’s water heater, plaintiff Stephen D. Wells, 53, a teacher, was which plaintiff claimed he attempted only Stephen D. Judge Mark Woerner following distance Sims had testified he was Well $47,900,000 punitive Date 9/2/2015 never instructed on how to calculate this damages and that Weatherford’s safety director had $17,900,000 compensatory Plaintiff testified he was unaware of what the “three Attorney(s) Thomas J. Henry (co-lead), damages second rule” was. Thomas J. Henry Injury $7,160,000 attorney’s fees The defense biomechanical expert testified Attorneys, Corpus Christi, $72,960,000 while Arnold’s failure to wear a seat belt TX contributed to his spinal fracture due to the J. Thomas Rhodes, III Insurer(s) Axis Insurance for circumstances of the impact there was an 85 (co-lead), Tom Rhodes Law defendants (3rd excess) percent chance he would have sustained fatal Firm, P.C., San Antonio, TX Zurich American Insurance injuries if he had been wearing the seat belt. Robert E. Brzezinski, Tom for defendants (2nd excess) Weatherford and Sims denied negligence Rhodes Law Firm, P.C., San Ace American Insurance for and named Ortiz as a responsible third party. Antonio, TX defendants (1st excess) Defense counsel maintained Ortiz made an Erin Oglesby, San Antonio, Liberty Insurance illegal U-turn without keeping a proper lookout TX Corporation for defendants and was liable for the collision. Defense counsel Roger L. Turk, Thomas J. (primary) in his deposition testimony Ortiz agreed he was Henry Injury Attorneys, the “sole cause” of the collision. Corpus Christi, TX Trial Details Trial Length: 4 days The defense accident reconstruction expert Trial Deliberations: 5 hours Defense testified Sims was actually following at Jury Composition: 6 male, 6 Attorney(s) Darrell L Barger, Hartline between 220 and 410 feet, a reasonably safe female Dacus Barger Dreyer LLP, distance. Defense counsel maintained Arnold Plaintiff Corpus Christi, TX bore comparative liability for failing to wear Expert(s) Jeannie Dollar, speech Jessica Barger, Wright & his seat belt. The defense biomechanics pathology, Whitesburg, GA Close, LLP, Houston, TX expert testified his failure to wear the belt Timothy Dunn, fires & Michael G. Terry, Hartline was the cause of his spinal fracture and that explosions, Dacus Barger Dreyer LLP, his chance of fatal injuries if he had not been Atlanta, GA Corpus Christi, TX wearing the belt was actually 49.5 percent. Walter L. Ingram, M.D., Rick B. Waterhouse, Injuries/Damages collapsed lung; burn medicine, Atlanta, GA Hartline Dacus Barger fracture, L1; fracture, T12; fracture, T7; Dreyer LLP, Corpus Christi, fracture, T8; fracture, T9; fracture, rib; Defense TX Expert(s) None reported fusion, lumbar; fusion, thoracic; paraplegia; Facts & Allegations On Aug. 28, 2012, spleen, laceration Editor’s Note This report is based on plaintiff Christopher Arnold, 19, a heavy Arnold was transported by ambulance information that was provided by plaintiff’s equipment operator, was a passenger in a to the emergency room. He sustained a counsel. Defense counsel did not respond to Ford Sport Track heading east on FM 624 burst fracture at L1, resulting in permanent the reporter’s phone calls. near Orange Grove driven by Jonathan paraplegia, as well as spinal fractures at Ortiz. Ortiz attempted a U-turn and was T7, T8, T9 and T12, a spleen laceration, a –Dan Israeli involved in a collision with an eastbound collapsed lung and two fractured ribs. van, causing Ortiz’s vehicle to spin out and Arnold was hospitalized for 32 days. He underwent multi-level spinal fusion. He twenty-six stop perpendicular to the highway, where it was struck on the passenger-side door underwent 11 weeks of physical rehabilitation. Industry: Auto by an eastbound 2009 Chevrolet Silverado Plaintiff’s counsel maintained that Arnold owned by Weatherford US and driven by is permanently disabled, will be unable to MOTOR VEHICLE Weatherford employee Robert Sims. Arnold work and will require nursing care for the rest of his life. U-Turn — Worker/Workplace Negligence — was not wearing a seat belt and sustained a spinal fracture that rendered him paraplegic. The plaintiff’s economics expert put his Negligent Training Arnold sued Weatherford and Sims, lost income at $62,000 and his future lost claiming Sims was responsible for the income at $1,477,000. Passenger paralyzed in collision by following too closely, and that The plaintiff’s life care planning expert put he was following too closely due to negligent his future medical costs and home care costs double impact collision training on the part of Weatherford.t at $5,845,000. The plaintiff’s accident reconstruction Arnold sought an unspecified amount Verdict $67,470,000 expert testified Sims was likely between 80 for past and future pain and suffering, Actual $54,466,400 and 140 feet behind Ortiz and traveling 68 physical impairment, medical expenses and mph when Ortiz collided with the van. lost income, plus punitive damages. Case Christopher J. Arnold v. The defense trucking safety expert testified Weatherford US L.P. and The jury found Weatherford 34 per- this was too close by current industry Result Robert Earl Sims, cent liable, Ortiz 30 percent liable, Sims 28 standards. Plaintiff’s counsel argued while No. 2012-CCV-62311-4 percent liable and Arnold 8 percent liable. It Weatherford instructed drivers to observe Court Nueces County Court at awarded $34,220,000 in actual damages, the “three second rule” to determine safe Law No. 4, TX reduced to $21,216,400 for comparative lia- bility, plus $33 million in punitive damages Defense Defense from Weatherford and $250,000 in puni- Expert(s) Kelley Adamson, M.E., P.E., Attorney(s) Paul C. Darrow, Paul C. tive damages from Sims for a net verdict of accident reconstruction, Darrow P.A., Naples, FL $54,466,400. Bryan, TX (Albert Colarusso) Dennis J. Bonner, M.D., None reported (Fanatics, Christopher physical rehabilitation, Inc., Joseph Skladany, J. Arnold $4,850,000 past medical Levittown, PA Spectators IV, Inc., cost Jeffrey W. Muttart, Spectators V, Inc., $3,580,000 past physical accident investigation & Spectators3, LLC) impairment reconstruction/ failure $1,590,000 past lost analysis/product liability, Facts & Allegations On March 22, earnings Uncasville, CT 2003, plaintiff Angela R. Crowe, 19, was a $16,000,000 past pain and Richard C. Senelick, M.D., patron at Spectators Sports Pub in Naples, suffering neurology, San Antonio, TX Fla., where she was administered alcohol $8,200,000 past Harry L. Smith, M.D., without any request for identification or age. disfigurement biomechanics of injury, San At 1 a.m. on March 23, 2003, Crowe left $33,250,000 punitive Antonio, TX the bar with her boyfriend, Isaac L. Steves, damages 22, who drove to the bar and was intoxicated, $67,470,000 Editor’s Note This report is based on on both alcohol and Xanax, a controlled information that was provided by plaintiff’s substance prescribed for anxiety. Crowe was Demand $9,850,000 and defense counsel. sitting in the front passenger’s seat of Steves’ Offer $150,000 vehicle. As they were traveling eastbound –Rick Archer on CR-876 -- the Golden Gate Boulevard Insurer(s) Illinois National Insurance -- Steves dozed off, his vehicle veered off the Co. road, and its right passenger’s side struck a National Union Fire twenty-eight tree near 9th Street SW in Naples. Steves’ Insurance Company of vehicle was traveling at approximately Pittsburgh, PA Industry: Restaurant 80 mph at the moment of impact. Crowe American International sustained severe injuries to her head, brain, Group Inc. Dram shop ribs, liver, lungs, heart, legs and feet. Negligent Service of Alcohol Trial Details Trial Length: 8 days Joan Antonuccio, 54, individually and Trial Deliberations: 3 hours on behalf of Crowe, sued the restaurant’s Jury Vote: 6-0 Bar’s overserving alco- operator, Spectators3, LLC, n/k/a Reuben’s Jury Composition: 5 male, 1 hol caused crash, life- Place 1 LLC, and its owner, Albert Colarusso, female for negligence, vicarious liability and breach altering injuries of duty. The plaintiffs also sued several Plaintiff other entities directly or indirectly owned by Expert(s) Matthew Alexander, M.D., Colarusso, who was president of Spectators Verdict $60,000,000 neurosurgery, Corpus IV, Inc., vice president of Spectators V, Inc., Christi, TX Case Joan Antonuccio, on behalf of and president of Fanatics, Inc. They also Everett G. Dillman, Ph.D., Angela R. Crowe, and Angela sued Joseph Skladany, who was the manager economic analysis, El Paso, R. Crowe, individually, v. of Spectators 3, vice-president of Spectators TX Spectators3, LLC n/k/a IV and Fanatics, and president of Spectators Viola G. Lopez, L.P.C., Reuben’s Place 1 LLC, a V, Inc., for negligence and vicarious liability. C.R.C., life care planning, Florida limited liability Following discovery, each of the parties Houston, TX company; Spectators IV, sued, with the exception of Spectators3 Matthew Meyerhoff, Inc., a Florida corporation; LLC, were voluntarily dismissed from the truck industry policy & Spectators V, Inc., a Florida complaint, due to their lack of involvement. procedures, Phoenix, AZ corporation; Fanatics, Inc., a Steves was charged with driving while Peter A. Orner, M.D, Florida corporation; Joseph intoxicated, was arrested at the scene of the biomechanics of injury, Skladany, a Florida resident; accident and served one year in jail. He paid a Escondido, CA and Albert Colarusso, a judgment amount against him to the plaintiffs. Clyde Rooke, accident Florida resident, Plaintiffs’ counsel alleged that a bartender investigation & No. 07-0858-CA named Rodney, who was employed by reconstruction/ failure Court Collier County Circuit Spectators3, willfully and unlawfully analysis/product liability, Court, 20th, FL served alcoholic beverages to Crowe with Kingwood, TX Judge Cynthia A. Pivacek the knowledge that she was under age 21. Alex C. Willingham, M.D., Date 4/17/2015 Also, plaintiffs’ counsel claimed that the life care planning, San parties sued violated Florida State Statute § § Antonio, TX Plaintiff 562.11(1)(a) and 768.125 by willfully selling Attorney(s) Ramon A. Rasco, Podhurst and furnishing alcoholic beverages to Crowe Orseck, with the knowledge that she was under P.A., Miami, FL age 21. Also, plaintiffs’ counsel contended After undergoing surgery at Naples income were $365,000. that due to Crowe’s intoxication from the Hospital, Crowe was transported to Lee Further, the jurors awarded Crowe consumption of alcohol, she was incapable of Memorial Hospital, in Fort Lee, where she $50,000,000 in noneconomic damages. making an informed decision about whether was admitted, treated and monitored by This total included $30,000,000 for past or not to travel in Steves’ vehicle while Steves doctors until her discharge in early 2004. and $20,000,000 for future pain and was intoxicated. Further, plaintiffs’ counsel Crowe had no memory of the accident, suffering, disability, physical impairment, alleged that Crowe was incapable of taking and could not move from her bed without disfigurement, mental anguish, reasonable steps to protect herself while the help of her mother or an aide. Plaintiffs’ inconvenience, aggravation of a disease or a passenger in Steves’ motor vehicle, and counsel contended that Crowe suffered severe physical defect and loss of capacity for the that precluding her intoxicated state, Crowe neurological impairment during the accident. enjoyment of life. would not have made the decision to ride as She lost her ability to speak and does not However, the defendants did not have an a passenger in Steves’ vehicle. remember her life before the accident. insurance policy on the bar. The defendants Plaintiffs’ counsel contended that the She began a daily course of physical claimed that they sold the bar, and that the parties sued failed to exercise due care in their therapy in 2005. new owners are responsible for paying the hiring and selection of employees, agents Crowe spent the next seven years at home $60 million verdict. and representatives, including bartenders, with her mother. During that time Crowe to ensure that alcoholic beverages were not was completely dependent on her mother’s Joan Antonuccio $365,000 past lost earnings sold or furnished to persons under the age of assistance, as she could not walk, dress 21. In addition, plaintiffs’ counsel claimed herself or perform daily routine activities . Angela R. that the parties sued failed to properly In 2013, Crowe moved into the Immaculate Crowe $900,000 past medical cost train, supervise and monitor its employees House at Countryside, an assisted living $6,085,000 future medical and failed to ensure they did not sell or facility in Clearwater. Crowe sleeps at the cost furnish alcohol to persons under 21. Finally, home, but is able to leave the facility on day $650,000 past lost earnings plaintiffs’ counsel claimed the parties sued trips with her mother. $2,000,000 future lost failed to lawfully operate and manage their Crowe’s legs remain supported by metal earnings business, unlawfully sold alcoholic beverages braces. Her ability to walk is constantly $30,000,000 past pain and to Crowe on March 22 and 23, 2003, and compromised, and she often uses a walker to suffering alleged that the bartender, Rodney, and remain mobile. $20,000,000 future pain the parties sued operated the business in Crowe also suffers from severe and suffering a hazardous manner and failed to take gastroenterological and endocrine $59,635,000 precautionary measures. complications caused by the accident. Defense counsel denied all allegations. She receives physical therapy three times Trial Details Trial Length: 2 days In 2007, the court directed a verdict on a week and is administered prescription Trial Deliberations: 2 hours liability that held the defendant Spectators3, pain killers and other medication to relieve Jury Composition: 2 male, 4 LLC, liable for the accident. The matter chronic pain throughout her body. She is female proceeded to a summary jury trial that closely monitored by a neurologist. Plaintiff addressed damages. Plaintiffs’ counsel contended that Crowe Expert(s) John A. Swiger, Ph.D., will never be able to live independently, and economics, San Antonio, TX Injuries/Damages blunt force trauma to will require a lifetime of medical treatment the head; brain damage; cardiopulmonary/ and care. Defense respiratory arrest; chest; contusion; fracture, Crowe sought a recovery for past, actual Expert(s) None reported foot; fracture, leg; fracture, rib; liver, laceration; economic damages and medical expenses; multiple trauma; pulmonary/respiratory future economic damages and medical Editor’s Note This report is based on infor- Crowe was placed in an ambulance and expenses; past and future loss of earning mation that was provided by plaintiff’s coun- transported to the emergency room at Naples capacity; and noneconomic damages for sel and defense counsel for Albert Colarusso. Hospital in Naples. She was unconscious, pain and suffering, disability, physical Defense counsel for the parties dismsised was admitted to the hospital and remained impairment, disfigurement, mental anguish, before trial, and for Spectators3 LLC, could in a coma for one month. inconvenience, aggravation of a disease or not be located/identified by the reporter. Crowe sustained a punctured lung, physical defect and loss of capacity for the –Jacqueline Birzon causing pulmonary arrest and respiratory enjoyment of life. Joan Antonuccio sought complications; multiple, traumatic brain a recovery for damages for lost income, as injuries; multiple rib fractures; chest trauma; a result of her role as the legal guardian and a liver laceration and cardiac contusions. caretaker for her daughter. thirty-two When she regained consciousness, Crowe Industry: Manufacturing underwent a tracheotomy and surgery to Result The jury awarded Angela Crowe close her punctured lung. She sustained $9,635,000 in economic damages. This total INTELLECTUAL PROPERTY bilateral fractures in both her legs, which included $650,000 for past loss of earn- were placed in metal braces. ing capacity; $2,000,000 for future loss of Trademarks — Infringement Plaintiff’s counsel claimed that Crowe earning capacity; $900,000 for past medical sustained approximately 40 fractures in the expenses; and $6,085,000 in future medical accident. Crowe suffered from liver failure expenses. The jurors determined that Joan resulting from a liver laceration. Antonuccio’s economic damages for lost Black & Decker: Same accessories. The plaintiffs reimagined the $7,271,908 be added to the damages award, color scheme would color scheme and utilized black and yellow for a total judgment of $61,346,723. for the brand, instead of using the Black & confuse public Decker name -- a brand consumers know for Trial Details Trial Length: 5 days power tools, accessories, hardware and home Trial Deliberations: 4 hours improvement products. Verdict $54,074,815 Plaintiff Positec manufactures the Rockwell brand Expert(s) James T. Berger, M.B.A., Case The Black & Decker of tools and accessories and sells the products marketing, Northbrook, IL Corporation, Black & in retail stores, while RW Direct sells them (survey expert) Decker Inc. and Black & online. Positec initially made products for Joseph Gemini, C.P.A., Decker (U.S.) Inc. v. Positec other manufacturers, including Black & accounting (forensic), USA Inc. and R.W. Direct, Decker, but made the decision to develop and Chicago, IL (damages) Inc., No. 1:11-CV-05426 produce its own tools under the Rockwell Court U.S. District Court, brand in 2005. The defense contended that Defense Northern District, Chicago, its products and packaging were not likely Expert(s) Michael E. Tate, M.S., IL to cause any confusion with consumers. The business, Chicago, IL Judge Robert M. Dow, Jr. packaging was designed to match Rockwell’s (damages) Date 10/5/2015 emerging brand and not to copy DeWalt’s packaging. The evidence at trial was that Editor’s Note This report is based on Plaintiff there had not been a single instance of actual information that was provided by plaintiffs’ Attorney(s) Raymond P. Niro, Jr. (lead), confusion in six years and the sale of millions and defense counsel. NIRO McANDREWS, LLC, of products in the accused packaging. Chicago, IL –Priya Idiculla Matthew G. McAndrews, Injuries/Damages Plaintiffs’ counsel NIRO McANDREWS, LLC, presented survey evidence that 100 percent of Chicago, IL professional tradespeople and 85 percent of thirty-four Kyle D. Wallenberg, NIRO people who regularly use power tools in do-it- Industry: Hospitality McANDREWS, LLC, yourself projects associate the yellow-and- Chicago, IL black color scheme with DeWalt products. PREMISES LIABILITY Plaintiffs’ counsel noted that Black & Defense Inadequate or Negligent Security — Worker/ Decker has spent more than $100 million in Attorney(s) Dennis D. Murrell, advertising and promoting the DeWalt brand Workplace Negligence Middleton Reutlinger, since 1992. They sought recovery of sued Louisville, KY parties’ profits from the sale of their yellow Adult assaulted by Robert J. Theuerkauf, and black power tool products, packaging Middleton Reutlinger, and accessories. hotel guest, rendered a Louisville, KY Result The jury determined that Positec quadriplegic Facts & Allegations Since 2009, plaintiffs USA Inc. and RW Direct, Inc. infringed both The Black & Decker Corporation and its the trademarks and the trade dress of Black Verdict $52,183,023 subsidiaries, Black & Decker Inc. and Black & & Decker’s DeWalt line of tools. Decker (U.S.) Inc., alleged that the packaging Case Victoria St. Jacques v. The jury awarded Black & Decker of Positec USA Inc. and R.W. Direct, Inc.’s Sammy’s Investments $53,960,014 from Positec’s profits and Rockwell brand of power tools used the same Orlando LLC d/b/a $114,801 from RW Direct’s profits, for a black and yellow colors as Black & Decker’s Ambassador Hotel, total verdict of $54,074,815. DeWalt brand of power tools and accessories, No. 13-CA-9202 The jury also found that the companies’ which would likely confuse consumers. Both Court Orange County Circuit infringement of DeWalt’s trademarks and brands are sold in retail stores, such as The Court, 9th, FL trade dress was willful. Home Depot and Lowe’s. Judge Donald A. Myers, Jr. POST-TRIAL: The plaintiffs sued Positec USA Inc. and Date 7/29/2015 Plaintiffs’ counsel filed a request for a R.W. Direct, Inc. in August 2011. permanent injunction on Oct. 6, 2015 to Black & Decker alleged patent Plaintiff bar defendants from using a yellow and Attorney(s) Don McKeever (lead), infringement, trademark infringement and black color scheme on their power tools and McKeever Law Firm, Winter trade dress infringement. The patent claims packaging. Park, FL were all dismissed or voluntarily dropped The trial court retains the discretion to Margalie Fenelus Reyes, prior to trial. Positec USA and RW Direct increase or decrease the damage award. The McKeever Law Firm, Winter are subsidiaries of Positec Tool Corp., a U.S. defendants allege the finding of willfulness Park, FL company headquartered in Charlotte, N.C., also belongs to the trial court, as they assert with 130 employees. Positec Tool Corp. has the jury’s finding on the issue was purely Defense an ultimate Chinese parent. advisory. The court has set a post-trial Attorney(s) John W. Zielinski, NeJame In the 1990s, Black & Decker took over briefing schedule on these issues. Law, Orlando, FL the DeWalt brand. In 1992, Black & Decker Plaintiffs’ counsel also requested that launched the DeWalt line of power tools and Facts & Allegations On Dec. 14, 2012, pre-judgment interest in the amount of plaintiff Victoria St. Jacques, 20, a homemaker, about 50 years more. Case Tyler Lee and Leigh Ann sustained bodily injuries on the premises of the She called a treating physiatrist and a Lee, individually and as next Ambassador Hotel, on Colonial Drive near retained psychiatrist as experts. The treating friend of Sydney Rose Lee, Orange Blossom Trail in Orlando. doctor testified about St. Jacques’ past and minor v. Berkel & Company, St. Jacques sued Sammy’s Investments future care, and the psychiatrist testified Contractors, Inc. Maxim Orlando LLC, operating as Ambassador about the emotional and psychological Crane Works, L.P., Dixon Hotel, for negligence and premises liability, effects of quadriplegia. Equipment Services, Inc., based on inadequate security. St. Jacques sought $25,000,000 to Floyd Dixon, Isaac Dolan, According to St. Jacques, while visiting a $30,000,000 for future medical bills, James Davidson, Andrew friend who was staying at the hotel on the unspecified damages for past/future mental Bennett, and Link-Belt night of the incident, she left her friend’s anguish, inconvenience, and loss of capacity Construction Equipment room to go to a convenience store for for the enjoyment of life. Co., No. 75576-CV cigarettes. While she was walking on the Court Brazoria County District hotel premises, she said, another guest told Result The jury awarded St. Jacques Court, 149th, TX her he had cigarettes in his room, and he $52,183,023.33. Judge Terri Holder invited her up. After going to his room and Victoria St. Date 5/6/2015 getting cigarettes, she said, she tried to leave, Jacques $27,183,023 future medical but he would not let her, and an altercation Plaintiff cost Attorney(s) Kurt Arnold (co-lead), ensued. She claimed that he body-slammed $25,000,000 past and Arnold & Itkin LLP, her on the concrete floor of his balcony. future mental anguish, Houston, TX St. Jacques’ complaint included allegations inconvenience or loss of Chuck Clay, Jr. (co-lead), that the hotel rented rooms to dangerous capacity for enjoyment of life Chuck Clay & Associates, people and failed to warn her; that the $52,183,023 Atlanta, GA hotel was in a heavily-trafficked area with Justin Gilbert, Gilbert & a very high crime rate; that the lighting on Plaintiff Furey, Angleton, TX the premises was inadequate and poorly Expert(s) Jeffrey Danziger, M.D., maintained; that the hotel’s security measures psychiatry, Maitland, FL Defense were inadequate; and that the hotel was Ronald Snyder, M.D., Attorney(s) Jeffrey L. Diamond (co-lead), negligent in the selection, hiring, training, physical medicine, Maitland, J. Diamond & Associates retention, and supervision of security guards. FL (treater) PLLC, Houston, TX (Maxim The hotel’s insurers denied coverage. Defense Crane Works L.P.) St. Jacques filed the lawsuit in mid-2013. Expert(s) None reported Andrew T. McKinney, IV On April 2, 2015, the court, noting the sued (co-lead), Litchfield Cavo party’s failure to comply with multiple orders Post-Trial After the trial, the hotel LLP, Houston, TX (Berkel & to retain counsel, struck the pleadings of changed attorneys and filed a third-party Company Contractors Inc.) Sammy’s Investments and entered a default complaint against its insurance company and Jerry B. Dozier, Law Office judgment for St. Jacques on liability. The insurance agent, alleging breach of contract, of Jerry B. Dozier P.C., court ordered the case to proceed to trial on negligence, and estoppel. Alvin, TX (Dixon Equipment damages only. Services Inc. (dismissed), Before trial, the sued party obtained counsel, Editor’s Note This report is based on Floyd Dixon (dismissed), and the defense then filed a comprehensive information that was provided by plaintiff’s Isaac Dolan (dismissed)) motion to vacate the default judgment. The and defense counsel. John D. Dwyer, Gordon & court denied the motion after an evidentiary Rees LLP, Los Angeles, CA –John Schneider hearing, and the case proceeded to trial on the (Link-Belt Construction issue of damages only. Equipment Co. (settling The jury was told that St. Jacques was defendant)) assaulted, but was not told the events leading forty-three Ann E. Knight, J. Diamond up to the assault, nor the details of it. Industry: Construction & Associates PLLC, Houston, TX (Maxim Crane fracture, cervical; Injuries/Damages Works L.P.) fracture, neck; quadriplegia WORKER/WORKPLACE Douglas Mena, Litchfield St. Jacques was taken by ambulance to the NEGLIGENCE Cavo LLP, Houston, emergency room. She sustained a fractured Negligent Maintenance TX (Berkel & Company cervical vertebra and was rendered quadriplegic. Contractors Inc.) St. Jacques, a stay-at-home mother of Crane collapsed at job two, underwent multiple operations and Facts & Allegations On Sept. 30, was in the hospital off-and-on for about site, crushing worker’s 2013, plaintiff Tyler Lee, 31, a construction 180 days. She had to move into an assisted- superintendent, was working for a general living facility and her family took care of leg contractor on the construction site of a the children. She is wheelchair-bound and large building at 15375 Memorial Drive in will have to live in an assisted-living facility Verdict $43,943,006 Houston. His employer had hired Berkel for the rest of her life. Her life expectancy is & Company Contractors Inc. for deep foundation drilling, which required use of crane should not have been used to pull on of household services and loss of consortium. a large lattice-boom crane with an auger. anything that was not “freely suspended.” For the child, plaintiffs’ counsel sought Berkel employee Andrew Bennett, 21, was Plaintiffs’ counsel also argued that Maxim’s unspecified damages for loss of parental operating the crane, which was owned by failure to test the crane and configure it to consortium. Maxim Crane Works L.P. The auger became manufacturer specifications contributed to Subject to liability findings, Berkel stuck, and while Bennett was trying to free its collapse. Plaintiffs’ counsel further argued suggested the jury award Lee $4.2 million the auger, the crane collapsed. A large piece that Bennett had never operated this type of in future medical bills, $500,000 for past of crane equipment struck Lee, who was crane; did not know how to operate it and did physical impairment, $1 million for future standing about 100 feet from the auger, not use the crane computer; and that Berkel physical impairment, $750,000 for past behind the safety fence that surrounded the did nothing to ensure that he was qualified physical pain and mental anguish, $550,000 work site. Lee’s left leg was crushed. to operate the crane. for future physical pain and mental anguish, The crane was manufactured by Link-Belt The plaintiffs had to show that Berkel’s $500,000 for past disfigurement, $500,000 Construction Equipment Co. superintendent believed that injury was for future disfigurement, and zero for future James Davidson was an equipment “substantially certain” to result from his lost earning capacity. inspector employed by Maxim. conduct. Otherwise, because Lee’s employer For Mrs. Lee, the defense suggested Dixon Equipment Services Inc. provided was enrolled in a contractor-controlled $15,000 for past loss of household services, equipment inspection services. Isaac Dolan insurance program, or CCIP, workers’ $85,000 for future loss of household was an inspector employed by Dixon compensation immunity would apply. services, $15,000 for past loss of consortium, Equipment. Frank Dixon owned the Berkel and Maxim each denied the and $85,000 for future loss of consortium, company. allegations and contended that the other was subject to liability findings. Lee and his wife, as individuals and for solely responsible. Maxim maintained that For the child, the defense suggested zero their 2-month-old daughter, sued Berkel and there was nothing wrong with the crane, for past loss of consortium and $250,000 for Maxim for negligent maintenance on the but that Berkel operated it unsafely and future loss of consortium, subject to liability part of Maxim. overloaded it. Berkel argued that the crane findings. The plaintiffs also sued Dixon Equipment, malfunctioned and that it failed to alert the Floyd Dixon, Isaac Dolan, James Davidson operator that the crane was overloaded. Result The jury found that both Berkel’s and Link-Belt, but those defendants were no Berkel also contended that Bennett exited and Maxim’s negligence proximately caused longer in the case at the time of trial. Link- the crane only once, not five times, and not the occurrence. In addition, the jury found Belt settled for a confidential amount a week because of any safety concern. that the Berkel superintendent, a principal or before trial; Dixon Equipment and Floyd In addition, Berkel’s attorneys asserted vice principal of the company, in the course Dixon were dismissed on summary judgment that there was no evidence that Berkel’s and scope of his employment believed that on the first day of trial; and Dolan was also superintendent was substantially certain that injury was substantially certain to result from dismissed on summary judgment. injury would result from his conduct. his conduct. The jury also found gross negli- The plaintiffs also sued Bennett, but they gence by Berkel. did not submit him to the jury or pursue a Injuries/Damages amputation, leg Comparative responsibility was 90 percent claim against him at trial. (above the knee); crush injury, leg on Berkel and 10 percent on Maxim, the jury The plaintiffs maintained that Bennett Lee was rushed to the hospital. His left leg found. exited the crane and tried to stop the job had been pinned to the ground and crushed The jury awarded the plaintiffs at least five times in a 40-minute period, by a large piece of crane equipment, and a $43,943,006, including $8.5 million in because the crane was in such a bind trying to crane was required to lift the equipment off punitive damages against Berkel only. The unstick the auger. The plaintiffs claimed that of him. At the hospital, doctors amputated jury did not award loss of household services. a Berkel superintendent refused the requests his leg above the knee. He was in the hospital Berkel is liable for the entire amount. to stop and ordered Bennett to continue for about 10 days, followed by extensive Maxim is liable for $3,544,300.60, or 10 trying to unstick the auger, resulting in the physical therapy and rehabilitation. percent of the $35,443,006 award of actual crane being overloaded, or exceeding its load The plaintiff returned to work about two damages only. ratio. weeks after the incident and was still working Appellate lawyers handled the charge The plaintiffs claimed that Berkel at the time of trial. conference for Berkel and the plaintiffs. repeatedly violated standard safety practices Lee’s paid or incurred medical bills were Berkel had Jessica Barger and Thomas in an effort to complete the project as $192,000. He also sought $11,601,006 for Wright, both of Wright & Close, in Houston. quickly as possible. They claimed that the a life care plan, $2.2 million for future lost The plaintiffs had Russell Post and Marcus Berkel superintendent repeatedly violated earning capacity, $1 million for past physical Rosales, both of Beck Redden LLP in company policy to save a few hundred impairment, $10 million for future physical Houston. dollars and a few days’ time. They further impairment, $3 million for past physical pain Leigh Ann Lee $100,000 past loss of claimed that these decisions, along with the and mental anguish, $6 million for future consortium superintendent’s refusal to stop the job over physical pain and mental anguish, $2 million $100,000 future loss of the objections of the crane operator and for past disfigurement, $3 million for future consortium crew, led to the crane collapse. disfigurement and an unspecified amount of $200,000 The plaintiffs further argued that Berkel punitive damages. Punitive damages were failed to follow its policy about using a crane sought against Berkel only. Sydney Rose to unsticking augers, which was to give up For Mrs. Lee, a loan processor for a Lee $50,000 past loss of if the auger could not readily be unstuck. mortgage company, plaintiffs’ counsel sought consortium In addition, the plaintiffs argued that the unspecified damages for past and future loss $500,000 future loss of forty-seven Larry N. Willis (co-lead), consortium Industry: Restaurant Law Office of Larry N. $550,000 Willis, Santa Ana, CA (TGI dram shop Fridays Inc., Tyler Mall Tyler Lee $192,000 past medical cost L.L.C. General Partner Negligent Service of Alcohol — Wrongful Death $11,601,006 future medical of Tyler Mall Limited cost Partnership, Tyler Mall $1,000,000 past physical Suit: Restaurant liable Limited Partnership, Briad impairment for death after serving Management Services, LLC, $7,200,000 future physical Briad Restaurant Group, impairment intoxicated minor LLC, GGP-Tyler Mall, $2,000,000 past L.L.C., General Growth disfigurement Verdict $40,000,000 Management Inc., General $3,000,000 future Actual $22,000,000 Growth Properties, Inc.) disfigurement Stephen A. King, Rodriguez $8,500,000 punitive Case Rey Jordan and Carmen & King, Ontario, CA (Louis damages Maria Jordan v. T.G.I. Alex Martinez) $3,000,000 past physical Friday’s; The Braid Group; pain/mental anguish Galleria at Tyler; General $4,500,000 future physical Growth Properties; Louis Facts & Allegations On Jan. 24, 2009, pain/mental anguish Alex Martinez; Michael plaintiffs’ decedent Orlando Jordan, 33, a $2,200,000 future loss of Derek Castillo; and Does 1 Wells Fargo bank worker, was dining with earning capacity to 100, No. RIC1100955 his girlfriend at the T.G.I. Friday’s restaurant $43,193,006 Court Superior Court of Riverside within the Galleria at Tyler mall, in Riverside. County, Riverside, CA At approximately 1 a.m., Jordan’s girlfriend’s Demand $5,000,000 as to Maxim Judge Sunshine S. Sykes adult son, Michael Castillo, and his friend, Offer $125,000 by Maxim Date 6/18/2015 Louis Martinez, joined them. Both Castillo and Martinez were allegedly intoxicated Trial Details Trial Length: 13 days Plaintiff upon their arrival at the restaurant and then Trial Deliberations: 3 hours Attorney(s) Keith J. Bruno (co-lead), proceeded to drink heavily after joining Jury Composition: 6 male, 6 BRUNO | NALU, Newport Jordan and his girlfriend. Approximately a female Beach, CA (Estate of half hour later, Jordan and Castillo got into Plaintiff Orlando Jordan, Rey Jordan) a heated argument that resulted in a physical Expert(s) Robert Kistenberg, Nicholas C. Rowley altercation. During the fight, Castillo stabbed prosthetics, Atlanta, GA (co-lead), Carpenter, Jordan with a knife. Jordan ultimately died Kenneth G. McCoin, Ph.D., Zuckerman & Rowley, LLP, from his injury. economics, Houston, TX Beverly Hills, CA (Carmen Castillo and Martinez were both charged Robert Meier, M.D., Maria Jordan, Estate of and incarcerated for the assault. physical rehabilitation, Orlando Jordan) The decedent’s parents, Rey and Carmen Denver, CO Angela Bruno, BRUNO | Jordan, sued Castillo; Martinez; and the Eric Van Iderstine, P.E., NALU, Newport Beach, CA T.G.I. Friday’s franchise operator, Briad mechanical, Pensacola, FL (Estate of Orlando Jordan, Restaurant Group, LLC. Cathlin Vinett, R.N., life Rey Jordan) Briad Restaurant Group subsequently brought a cross-complaint against Castillo care planning, Nashville, TN Defense and Martinez. Attorney(s) Thomas P. Gmelich Defense The decedent’s parents initially named (co-lead), Bradley & Expert(s) Helen Reynolds, Ph.D., the franchisee, TGI Fridays Inc., and Tyler Gmelich, Glendale, CA economics, Mall Limited Partnership, doing business as (TGI Fridays Inc., Tyler Dallas, TX Galleria at Tyler, (as well as named variations Mall L.L.C. General Partner Nelson Valena, M.D., life of those companies’ names) as defendants, of Tyler Mall Limited care planning, Houston, TX but they were ultimately released on summary Partnership, Tyler Mall judgment prior to the commencement of Post-Trial Berkel plans to appeal. Limited Partnership, Briad trial. The mall’s security contractor, General Management Services, LLC, Growth Management Inc. (as well as other Editor’s Note This report is based on Briad Restaurant Group, variations of that company’s name), was information that was provided by plaintiff’s LLC, GGP-Tyler Mall, also named as a defendant, but it was also counsel, Berkel’s counsel, and Maxim’s coun- L.L.C., General Growth dismissed prior to trial. sel. Link-Belt’s counsel and counsel for Dolan Management Inc., General Once it was determined that the decedent’s and the Dixon defendants did not respond to Growth Properties, Inc.) the reporter’s phone calls. parents’ case was aligned with Martinez’s position in the case, the parent’s counsel –John Schneider dismissed their claim against Martinez. Briad Restaurant Group later also dismissed Martinez as a cross-defendant. Thus, Estate of Patrick J. Cimmarusti, Martinez was let out of the case, but still Orlando Yukevich | Cavanaugh, Los testified at trial. The jury was also allowed to Jordan $10,000,000 past loss of Angeles, CA still consider Martinez’s percentage of fault. society companionship Kevin J. Gramling, Castillo defaulted and was not present at trial. $30,000,000 future loss of Klinedinst PC, Plaintiffs’ counsel contended that Briad society companionship Santa Ana, CA Restaurant Group was negligent for $40,000,000 knowingly serving alcohol to the visibly Facts & Allegations On Dec. 7, 2012, at Insurer(s) Zurich North America for intoxicated and underage Castillo. Thus, around 8:40 a.m., plaintiff Alan Casillas, 19, Briad Restaurant Group, counsel argued that the negligent service of a high school student, was riding his beach LLC alcohol led to Castillo’s assault, resulting in cruiser bicycle on a sidewalk along westbound Tweedy Boulevard, in Los Angeles. After the decedent’s wrongful death. Trial Details Trial Length: 6 weeks Casillas came to a stop at the intersection A bartender who was on duty on during Trial Deliberations: 2 days with Alameda Street, a 55-foot-long trailer, the subject incident testified that he served Jury Vote: 10-2 the group a series of drinks -- including shots part of a tractor-trailer operated by Francisco of tequila, cocktails and beer -- over a period Editor’s Note This report is based on Azurdia, drove over the sidewalk, striking of 30 to 45 minutes. information that was gleaned from court Casillas’ bike and knocking Casillas to the Martinez testified that he and Castillo documents, and from interviews of plaintiffs’ ground. The rear wheels of the trailer then ran had gone to T.G.I. Friday’s to get drunk. He counsel and counsel for Louis Alex Martinez. over Casillas’ left leg. also claimed that the decedent had not done Counsel for Briad Restaurant Group, LLC, Casillas sued Azurdia and the owner of the anything to provoke the attack that occurred. and the other remaining defendants did not tractor-trailer, Landstar Ranger Inc. Casillas Counsel for Briad Restaurant Group respond to the reporter’s phone calls. alleged that Azurdia was negligent in the denied that either Martinez or Castillo was operation of the tractor-trailer and that served alcohol at the time alleged. –Max Robinson Landstar was vicariously liable for Azurdia’s actions. Injuries/Damages death; laceration; Plaintiff’s counsel contended that Azurdia loss of society; puncture wound fifty-four drove the tractor-trailer into the intersection Orlando Jordan was stabbed during an and was attempting to make a right turn onto altercation and was ultimately pronounced Industry: Auto Alameda Street. However, after interviewing dead upon arrival at nearby Riverside Casillas, Azurdia and multiple eyewitnesses, Community Hospital, in Riverside. He was MOTOR VEHICLE the responding the California Highway survived by his parents. Right Turn — Intersection — Tractor-Trailer — Bicycle Patrol officer determined that Azurdia Thus, the decedent’s parents sought caused the collision by driving his trailer recovery of wrongful death damages for Truck’s unsafe turn over the sidewalk when Azurdia failed to the loss of their son’s love, companionship, allow enough room to safely make the comfort, care, assistance, protection, resulted in bicyclist’s right turn. Thus, plaintiff’s counsel (and the affection, society, and moral support. responding CHP officer) determined that need for amputation Azurdia’s actions constituted a violation of Result The jury found that Briad Restaurant California Vehicle Code § 22107 (for unsafe Group had provided alcoholic beverages to Verdict $34,555,220 turning movement). an obviously intoxicated Castillo. It also Defense counsel initially asserted that Case Alan Casillas v. Landstar found that Castillo harmed the decedent and Casillas was comparatively at fault, in that Ranger, Inc. and Francisco that Briad Restaurant Group’s providing of Casillas could have avoided the trailer, but Azurdia, and Does 1-50, alcohol to Castillo was a substantial factor that he was inattentive due to being on a cell inclusive, No. BC500485 in causing harm to the decedent. The jury phone. Counsel also initially asserted that the Court Superior Court of Los further found that Martinez aid and abetted design of the intersection was a dangerous Angeles County, Los Castillo in causing the decedent harm and condition. However, during jury selection, Angeles, CA that Martinez’s actions was a substantial Azurdia admitted that he was solely at fault Judge Elizabeth Allen White factor in causing the decedent harm. Thus, for the accident. it determined that Briad Restaurant Group Date 1/29/2015 was 55 percent liable for the subject incident, Plaintiff Injuries/Damages amputation, leg that Castillo was 40 percent liable and that Attorney(s) Brian J. Panish, Panish Shea (below the knee); emotional distress; leg Martinez was 5 percent liable. The jury also & Boyle LLP, Los Angeles, Casillas was taken to St. Francis Medical determined that the decedent’s parents’ dam- CA Center, in Lynwood, where he remained ages totaled $40 million. Thomas A. Schultz, Panish hospitalized for 54 days. After the third day Since Castillo defaulted and Martinez Shea & Boyle LLP, Los of hospitalization, Casillas’ left leg, which was no longer a party at the time of trial, Angeles, CA was swollen and discolored, was amputated the decedent’s parents should only recover below the knee. He then underwent a course the $22 million amount owed by Briad Defense of rehabilitation. Restaurant Group. Attorney(s) James J. Yukevich (lead), After rehab, Casillas was prescribed a Yukevich | Cavanaugh, Los prosthesis for walking. However, he claimed Angeles, CA that two of the prosthetic legs caused him pain and that he ultimately required more revision surgeries. Insurer(s) American International Worker argued skylight Casillas is now 21 years old and he Group Inc. for both design was not strong can drive without assistance. However, he defendants claimed that he is embarrassed about needing enough assistance with getting around and that he is Trial Details Trial Length: 2 weeks saddened by the appearance of his leg since Trial Deliberations: 1 day Verdict $33,839,000 the amputation. He also claimed that looking Jury Vote: 12-0 Actual $15,332,790 at his leg depresses him, so he tries not to Plaintiff look at it. Casillas further claimed additional Expert(s) John R. Brault, M.S., Case Steven L. Landers v. Gail emotional distress, including nightmares, biomechanical, Mission P. Williamson, J. Don which have since subsided. Viejo, CA Williamson, Kimberly Before the accident, Casillas dropped out Peter Formuzis, Ph.D., Williamson Darden, Annette of high school when he was in the 11th grade economics, Santa Ana, CA Williamson Pomeroy, Philip and worked in manual labor. He claimed he (earnings) Charles Williamson, Charles was athletic and liked to ride his bike long Alvin Lowi, III, P.E., Donovan Williamson II, distances, as well as run, but that he can no accident reconstruction, El Alexander Nathan longer do so. He also claimed he has been Segundo, CA Williamson, and Gregory unable to return to work in construction John W. Michael, M.Ed., Shaw Williamson, No. 048- because of the pain he suffers and the difficulty C.P.O., prosthetics, Chicago, 257207-11 he has getting around. In addition, Casillas IL Court Tarrant County District testified about his strong family ties, marriage Jan Roughan, R.N., Court, 48th, TX and fatherhood, and about obtaining his B.S.N., life care planning, Judge David Evans General Educational Development (GED) Monrovia, CA Date 4/2/2015 diploma after the accident. The parties agreed that Casillas’ past Defense Plaintiff medical expenses totaled $754,351. Expert(s) Alfred D. Chichester, Attorney(s) J. Patrick Gallagher (lead), Defense counsel noted that Casillas was M.B.A., vocational Haslam & Gallagher LLP, able to earn his GED diploma after the rehabilitation, Mentone, CA Fort Worth, TX accident and that he attended junior college. Laura Fuchs Dolan, M.B.A., Mark Haney, Griffith, Jay & Counsel also noted that Casillas got married, economics, Michel, had a child, and participated in many family San Diego, CA Fort Worth, TX activities. In addition, counsel noted that Thomas L. Hedge, Jr., M.D., Ron L. Hundley, Puls Haney Casillas was able to secure employment and psychiatry, Northridge, CA PLLC, that he is able to drive a car and walk with David M. Lechuga, Ph.D., Dallas, TX a prosthesis. Thus, defense counsel argued psychology/counseling, Lake Thomas M. Michel, that Casillas made a good recovery and has Forest, CA Griffith, Jay & Michel LLP, a bright future. Counsel further challenged Jim C. Lee, Ph.D., P.E., Fort Worth, TX the amount of damages sought by Casillas traffic, Phoenix, AZ Defense and asked the jury to award Casillas between Andrew E. Levitt, accident Attorney(s) Brett Lee Myers (lead), Fox approximately $5 million and $7 million. reconstruction, Torrance, CA Rothschild LLP, Dallas, TX Erich S. Phillips, Ph.D., (Wasco Products Inc.) The jury determined that Casillas’ Result ergonomics/human factors, Andy Nikolopoulos, Fox damages totaled $34,555,220. San Carlos, CA Rothschild LLP, Dallas, TX Richard Kent Tracy, C.P.O., Alan Casillas $5,187,230 future medical (Wasco Products Inc.) prosthetics, Northridge, CA cost Facts & Allegations On Sept. 18, $66,099 past lost earnings Post-Trial After the verdict, a confidential 2010, plaintiff Steven L. Landers, 27, a $672,540 future lost settlement was reached. maintenance man at a work-clothing factory earnings owned by Williamson-Dickie, fell through an This report is based on $754,351 past medical costs Editor’s Note acrylic plastic skylight in the roof of the Fort information that was provided by plaintiff’s (stipulated) Worth facility. He was on the roof repairing counsel. Defense counsel did not respond to $11,700,000 past non- a vent fan. After he finished the repair, he the reporter’s phone calls. economic damages squatted down to pick up his tools and lost $16,175,000 future non- –Priya Idiculla his balance, and when he reached out to economic damages steady himself against the skylight, it broke. $34,555,220 He fell through and landed on the concrete 35 feet below. The 4-by-4-foot skylight had Demand $23,100,000 (C.C.P. § 998) fifty-five been designed and manufactured by Wasco Offer $10,000,000 (during jury Industry: Manufacturing Products Inc., Wells, Maine, and installed by deliberations) Anchor Roofing. This skylight was Wasco’s PRODUCTS LIABILITY most popular model, the CA5252. The Fall from Height plastic was 1/8-inch thick. Landers sustained multiple injuries. hole by, for example, doing a lockout/tagout and punctured lung. Hitting the duct also Initially, Landers’ attorneys were not sure around it and keeping clear, he claimed. righted him, such that, when he hit the floor, who the responsible parties were, and in Plaintiff’s counsel argued that Wasco alone he did so feet-first, which resulted in the leg their original petition, they sued several was responsible for the incident. and spine fractures but was probably also possible members of the Williamson family The defense denied design defect and what saved his life. that they alleged owned the facility (Gail P. argued that the 1975 testing was inconclusive. The broken skylight cut his arm severely, Williamson, J. Don Williamson, Kimberly The defense denied marketing defect and and he landed partly on a large, flat tray of Williamson Darden, Annette Williamson argued that no warning or label could have battery chemicals. Because his injuries were so Pomeroy, Philip Charles Williamson, prevented this accidental fall. severe, he had to remain immobile on the floor Charles Donovan Williamson II, Alexander The defense also asserted the statute of for many minutes, with his cut arm soaking in Nathan Williamson, and Gregory Shaw repose, which bars products liability claims the corrosive chemicals. The result was that Williamson). However, during the litigation, from being asserted more than 15 years after the scars on that arm were much worse than Landers’ counsel amended all of the original the product was sold. There were no records they otherwise would have been. defendants out of the case and added of when Wasco sold the skylight or when The plaintiff underwent open reduction Wasco, Williamson Dickie, and Anchor Anchor installed it, but the defense argued and external fixation of his leg, and he wore as defendants. The claims against Anchor that it was sold and installed in 1992, when the fixator for about six months. Doctors settled for a confidential amount in October the Williamson-Dickie facility was built. performed a total of seven operations to try 2014, and those against Williamson-Dickie Landers’ design expert looked at shards to save his leg before finally amputating it 3 (a subscriber to workers’ compensation) were of the skylight through a microscope and or 4 inches below the knee in May 2011. He nonsuited early in the case. The case went to opined that the skylight dated from when the received two prostheses; one for day-to-day trial on the claims against Wasco only, for facility’s roof was replaced in 2003. use, including work, and one for sports and negligence, gross negligence, and products Wasco’s plastics expert contended that similar activities. liability design and marketing defects. there was no real way to tell how old the Landers’ attorneys argued that his Landers alleged that the CA5252’s design skylight was from looking at the shards prostheses were old-fashioned and passive, was defective because it was not strong under a microscope. whereas newer ones had a built-in computer enough to support a person. In 1975, Wasco Wasco also argued that Williamson-Dickie and gyroscope and actively helped the patient conducted testing that showed this design violated OSHA regulations by not treating all to walk with a normal gait. would not support even 100 pounds. The test skylights as open holes, and that Williamson- Doctors had to use tweezers to pick bone further showed that, if the plastic were ¼-inch Dickie knowingly failed to comply with OSHA fragments out of his spinal cord. They thick instead of 1/8-inch thick, it would regulations by not retrofitting its skylights ultimately performed a five-level spinal support more than 550 pounds, plaintiff’s with mesh screens for fall protection. Landers fusion, with pedicle screws and two 10-inch counsel argued. noted that Williamson-Dickie was not fined rods. He was left with a 12-inch surgical Plaintiff’s counsel argued in part that over this incident. scar on his back. His treating surgeon opined “Falls are unpredictable. Safety shouldn’t Wasco also argued that Anchor should that, within reasonable medical probability, be,” which was a slogan that Wasco itself had have notified Williamson-Dickie that this Landers would need surgery on the adjacent used in 2004 to market a new skylight that skylight would not support a person. vertebrae, because the fusion would used stronger, thicker plastic. Wasco’s counsel argued that Williamson- eventually place a strain on them. Plaintiff’s counsel noted that, since 1980, 16 Dickie and Anchor alone were responsible The initial hospitalization lasted a little more lawsuits have been filed against Wasco based for the incident, and that Williamson-Dickie than two weeks, but the plaintiff was bedridden on injuries or deaths resulting from breakage should bear most of the responsibility. for six or seven months, during which his wife of the CA5252. Plaintiff’s counsel argued that The negligence question included Landers; and mother took care of him. His wife did not Wasco should “stop making cheap, brittle no one argued that he was negligent, however. testify, but his aunt and mother did. Landers skylights that kill and maim people.” and his wife had four children. Plaintiff’s counsel argued that Wasco Injuries/Damages amputation, leg Landers returned to work after 14 months. knowingly placed sales above safety and (below the knee); comminuted fracture; He became a supervisor and earned more that, in his testimony, the company’s owner compound fracture; external fixation; than before, but he argued that, because was unapologetic about it. fracture, arm; fracture, fibula; fracture, of his injuries, the work would become too Landers also alleged marketing defect. leg; fracture, rib; fracture, tibia; hardware much for him sooner or later. The facility The only label on the skylight was a 1-inch implanted; laceration; lung, puncture; open covered about 500,000 square feet, which his by 3-inch label on one side of its four-sided reduction; pins/rods/screws; prosthesis; attorneys argued was a big area for someone frame. There were three sizes of lettering, all scar and/or disfigurement; scar and/or with a prosthetic leg to cover. black, the smallest of which said “GLAZING disfigurement, arm The paid or incurred medical bills were WILL NOT SUPPORT BODY WEIGHT.” Landers was airlifted to an emergency stipulated at $233,867.76 (essentially The larger type was used for things like room. He sustained comminuted and the medical component of the workers’ Wasco’s name and the model number. compound fractures of his right tibia and compensation lien). The jury was therefore Landers’ warnings expert, a former NASA fibula, a comminuted vertebral fracture, rib not asked about past medical bills. advisor known in part for being the lead fractures, a broken left (dominant) arm, a Landers also sought $78,000 for past lost expert for the plaintiff in the “McDonald’s punctured lung, and a severe laceration of earning capacity and $700,000 for future coffee” case, opined that the label did not rise the right arm. lost earning capacity. to the level of a “warning” at all. Landers fell headfirst through the skylight. For noneconomic damages, plaintiff’s Had he known the skylight was so brittle, After 15 feet, he hit an air-conditioner duct counsel asked the jury to multiply a per- Landers would have treated it as an open and sustained the rib fractures, broken arm, diem amount by the probable number of days left in Landers’ life. For each element, Demand $2,500,000 Case The Guardianship of Kristen his attorneys gave the jury a calculation Offer $150,000 Zak v. J.B. Hunt Transport, based on $100 a day, $500 a day, or $1,000 Inc., Terry L. Brown, Jr. and a day, but said that the jury should pick Insurer(s) Liberty Mutual Insurance Matthew P. Robinson, whatever per-diem it felt was appropriate. primary for Wasco ($1 No. 45D11-0610-CT-00190 The elements were past and future physical million policy limit) Court Lake County Superior pain, mental anguish, physical impairment, Court, IN AIG excess for Wasco ($10 and disfigurement. Judge Diane Kavadias Schneider million policy limity) He sought $2,737,500 in future medical Date 5/20/2015 bills, mostly for back surgery and replacement Trial Details Trial Length: 2 weeks prostheses. He sought the more modern Plaintiff Trial Deliberations: 1 day Attorney(s) Timothy S. Schafer, II prostheses, which cost about $80,000 and Jury Vote: 10-2 (co-lead), Schafer and last three to five years. Prostheses like the Jury Composition: 3 male, Schafer, Merrillville, IN ones he had at trial cost about $14,000 and 8 female; 9 white, 3 black; 2 Todd S. Schafer (co-lead), last about three years. electricians Schafer & Schafer, He also sought punitive damages, and the Merrillville, IN trial was bifurcated. Plaintiff Gregory Brown, Brown & The defense argued that, if the jury was Expert(s) Jordan Davis, prosthetics, Brown, Merrillville, IN going to award the cost of replacement Fort Worth, TX prosthetics, they should be like the ones he Edward George, design, St. Defense had at trial, not the more modern ones. Augustine, FL Attorney(s) Keith Gaston, Cruser & Lila F. Laux, Ph.D., labels & Mitchell, LLP, Indianapolis, The jury found that there was both Result warnings, Denver, CO IN (J.B. Hunt Transport a design defect and a marketing defect in the William Patterson, Inc., Terry Brown Jr.) skylight. The jury also found negligence by economics, Bruce D. Jones, Cruser & Wasco, Williamson-Dickie, and Anchor, and Albuquerque, NM Mitchell, LLP, Indianapolis, placed comparative responsibility of 45 per- IN (J.B. Hunt Transport cent on Wasco, 45 percent on Williamson- Defense Inc., Terry Brown Jr.) Dickie, and 10 percent on Anchor. The Expert(s) Richard Carr, plastics, Julie R. Murzyn, O’Neill jury awarded Landers $33,839,000. That Chicago, IL McFadden & Willett LLP, amount plus the stipulated medical bills Curtis Chambers, osha Schererville, IN (J.B. Hunt is $34,072,867.76, of which 45 percent is regulations, Arlington, TX Transport Inc., Terry Brown $15,332,790.49. Helen Reynolds, Ph.D., Jr.) The jury found that Wasco sold the skylight economics, (none) Pro se (Matthew in question on or before Dec. 31, 1992. Dallas, TX Robinson) The jury did not answer the question on gross Post-Trial Wasco plans to argue that the negligence. A “yes” had to be unanimous, and statute of repose bars any recovery. Plaintiff’s Facts & Allegations During a a “no” had to be at least 10 to 2. counsel will argue that the law of Maine snowstorm on the evening of Jan. 17, 2006, plaintiff Kristen Zak, 31, a registered nurse, Steven Landers $2,737,500 future medical applies; Maine does not have a statute of was the sleeping front-seat passenger in cost repose. a vehicle operated by her fiance, Matt $100,000 past physical Editor’s Note This report is based on Robinson. The vehicle was traveling on impairment information that was provided by plaintiff’s Interstate 65 in Remington. An hour earlier, $600,000 future physical counsel and Wasco’s counsel. a semi-truck operated by Terry Brown Jr., a impairment J.B. Hunt Transport driver, had jackknifed $8,218,500 past –John Schneider and crashed into a median as a result of disfigurement icy road conditions after crossing a bridge. $1,656,000 future Brown did not turn on the truck’s emergency disfigurement fifty-six flashing lights or set out reflective triangles $700,000 future lost earning following the accident, turning off the capacity Industry: Transportation vehicle’s lights. When Robinson lost control $1,656,000 past mental of his vehicle due to the same conditions anguish MOTOR VEHICLE and spun out into the median, the vehicle’s $1,656,000 past physical Weather Conditions passenger side collided with the semi-truck’s pain tires. As a result of the crash, Zak sustained $8,218,500 future mental Truck driver failed to permanent brain damage. anguish The guardianship of Kristen Zak sued J.B. $8,218,500 future physical warn after jackknife Hunt Transport, driver Terry Brown Jr., and pain Matt Robinson. They alleged that Robinson $78,000 past lost earning crash had been speeding at the time of the accident capacity but that J.B. Hunt was largely responsible for $33,839,000 Verdict $32,500,000 Zak’s injuries. Counsel for Zak argued that J.B. Hunt lion in damages. J.B. Hunt and Brown were Judge Diane E. Bessen and the company’s driver had an obligation to contribute $9.75 million to the award and Date 9/2/2015 to turn on the truck’s flashing lights and set Robinson the remaining $13 million. reflective triangles as a warning to other Plaintiff Attorney(s) Alan J. Hamilton (co-lead), drivers. They maintained their failure to Demand $10,000,000 Shiver Hamilton, LLC, do so violated J.B. Hunt’s internal safety Offer $5,000,000 Atlanta, GA policies as well as requirements of the Indiana Insurer(s) Lloyd’s of London J.B. Hunt Jeffrey P. Shiver (co-lead), Commercial Driver’s License Manual. It was Transport and Terry Brown Jr. Shiver Hamilton, LLC, their belief that J.B. Hunt should not have Atlanta, GA had trucks on the highway due to the severity Trial Details Trial Length: 3 weeks Mark E. Murray, The of the weather. Trial Deliberations: 2.5 Murray Law Firm, LLC, The defense counsel argued that, as the hours Atlanta, GA semi-truck had been off of the road, they Jury Vote: Unanimous Darren Summerville, The were not required to place reflectors or turn Jury Composition: Four Summerville Firm, LLC, on emergency lighting. Counsel asserted that female, three male Atlanta, GA Robinson had been traveling at a speed of 70 miles per hour, citing a statement he had Plaintiff Defense given to police after the accident. Expert(s) John Pinckney, trucking Attorney(s) Roger E. Harris (lead), Zak’s counsel argued that this information industry, Noblesville, IN Swift, Currie, McGhee & was unreliable, as Robinson had not been Defense Hiers, LLP, Atlanta, GA sound of mind following the impact. Counsel Expert(s) Gary Thomas, trucking D. Lee Clayton (co-lead), cited that Robinson was unable to correctly industry, Swift, Currie, McGhee & give out his social security number or identify Dallas, TX Hiers, LLP, Atlanta, GA the model of his car to authorities at that time. Neil T. Edwards, Carlock, Editor’s Note This report is based on Copeland & Stair, LLP, cognition, impairment; Injuries/Damages information that was provided by plaintiff’s Atlanta, GA craniotomy; memory, impairment; spasticity; counsel. Defense counsel did not respond to Wayne D. McGrew III, traumatic brain injury; vision, impairment the reporter’s phone calls. Additional infor- Carlock, Copeland & Stair, At the moment of impact, Zak lapsed into a mation was gleaned from court documents. LLP, Atlanta, GA coma which lasted approximately one month. She was taken by ambulance to the emergency –Max Robinson Facts & Allegations On Jan. 6, 2011, room of a local hospital before being air-lifted plaintiff’s decedent Erik Hilario, 19, to a trauma center in Olympia Fields. She was a laborer, was working at a scrap metal diagnosed with brain bleed with resulting sixty-eight recycling facility located at 1359 Central swelling. She underwent four craniotomies Ave., in East Point., which is owned by to relieve pressure. Zak was found to have Industry: Services Newell Recycling of Atlanta Inc. He was developed right arm and leg spasms which fatally burned by flammable liquid that had require ongoing botox injections. She PREMISES LIABILITY pooled in the area where he was working. sustained traumatic brain damage from the Dangerous Condition — Wrongful Death Newell Recycling takes scrap metal from accident, resulting in diminished long-term automobiles in a process that begins with and short-term memory and poor eyesight. Suit: Worker conscious draining gasoline and other fluids with a As a result of her injuries, Zak is wheelchair- piece of equipment called a puncher. This is bound and requires constant care from her of pain before dying to ensure that any fuel in the tank is drained mother and sister, who are registered nurses. into a trough below the vehicle. Anthony Eady Due to her memory deficiencies, she is unable from burns used a grapple hook to remove gas tanks from to remember details of her life with her scrap automobiles, which leaked into the area former fiance or her daughter. Verdict $29,250,000 where Hilario had been working. Zak’s counsel sought damages for future Hilario was operating a front-end loader Case Efran Hilario and Gabina medical expenses ranging from $11,179,606 to move scrap metal and debris across a Martinez Flores, as to $14,246,341, and $44,000,000 in non- paved area to a shredder. Flammable liquid Surviving Parents of Erik economic damages. that had pooled in the area where Hilario Hilario, Deceased, and The defense counsel did not dispute Zak’s was working ignited and flames engulfed the Efrain Hilario, as Personal claimed injuries or damages. loader and Hilario. He died from burns and Representative of the Estate The defense’s expert on trucking regulations inhalation of the products minutes after the of Erik Hilario, Deceased v. opined that Indiana Commercial Driver’s fire had started. Newell Recycling of Atlanta, License rules only apply to vehicles on the Hilario’s parents, Efrain Hilario and Inc., Newell Equipment road. On cross-examination, he stated that Gabina Martinez Flores, sued Newell Leasing, LLC; Newell J.B. Hunt was responsible for the decision to Recycling of Atlanta Inc. and alleged employer Recovery, LLC; and Newell continue driving during the storm. Newell Recycling LLC for premises liability, Transportation, LLC, No. claiming the workplace was unreasonably The jury found J.B. Hunt was 60 per- 12EV015400J Result dangerous and unsafe; and products liability, cent liable and Robinson was 40 percent liable Court Fulton County, State Court, alleging defective design and failure to warn. for the accident. Zak was awarded $32.5 mil- GA The family also sued Newell Recycling intended and following the proper instruction Chief Corey Thornton, of Atlanta subsidiaries that were dismissed and training, the puncher was reasonably industrial, prior to trial. safe and did not result in an unsafe level East Point, GA Plaintiffs’ counsel argued that Hilario was of residual gas spillage in the area where a direct employee of Newell Recycling LLC; a cars were processed. Only when not used as Defense Expert(s) Joseph Smith, P.E., forensic subsidiary of Newell Recycling of Atlanta Inc., intended, and in the manner used by Eady, engineering, Lawrenceville, noting his W2 work forms and his pay stubs gas spillage could occur, the expert said. GA came directly from Newell Recycling LLC. The defense’s expert in products liability Jack A. Ward, fire damage, Plaintiffs’ counsel argued that the defueling opined that the puncher was properly Jacksonville, FL process was unsafe due to the puncher process. designed; that it did not cause the fire; that The plaintiffs’ expert in industrial the puncher did not cause gasoline to spew Editor’s Note This report is based on engineering said the puncher was defectively or leak to the ground from the scrap metal/ information that was provided by plaintiff’s designed and manufactured. cars overhead; and that spread contribution and defense counsel. The family’s expert in engineering said was minimal. Newell failed to implement safer design –Jacqueline Birzon alternatives that had been adapted by its Injuries/Damages burns; death industry counterparts, and that a safer system Hilario burned to death and was smothered could have prevented the fatal accident, such by a lack of oxygen. eighty as a state-of-the-art defueling type of machine. The plaintiff’s expert in burn medicine The plaintiff’s expert in fire explosions opined that Hilario was alive for two to five Industry: Restaurant opined that a substantial amount of gasoline minutes while he lost oxygen and became had spread over a significant area, and that engulfed in the flames. The expert said MOTOR VEHICle the conditions created the fatal fire. Hilario’s several minutes of conscious pain Alcohol Involvement — Wrongful Death The defense denied liability for punitive and suffering were severe and very painful. damages and products liability. The Specifically, the expert opined that Hilario Estate: Restaurants defendants admitted liability and causation experienced intense suffering, confusion, for the premises liability claims. panic and fear during the minutes before his served visibly intoxi- The company claimed a workers’ death compensation immunity defense. Defense The family sought recovery for Hilario’s cated patron counsel contended that Hilario was a direct conscious pain and suffering, his wrongful or statutory employee of Newell Recycling of death and punitive damages Verdict $25,000,000 Atlanta and thus, it was protected under the Result The jury found that Hilario was Case Patricia Amsden, as Georgia Workers’ Compensation Act. a Newell Recycling employee; the puncher personal representative of The defense sought to apportion fault was negligently designed; and the defen- the Estate of Philip Amsden to its non-party former worker, Eady, and dant failed to warn of its hazards. The jury v. Maintenance Dynamics, subsidiary Newell Recycling LLC, in the found the defendant 100 percent at fault. It Inc., Jeffrey Cleary, Chulas, event it lost the workers’ compensation awarded $29.25 million. The jury found in LLC d/b/a Country Lounge, immunity defense. favor of punitive damages, which would have and Giovanni’s Inc., d/b/a In January 2014, the court determined that required a second trial phase to determine an Giovanni’s, summary judgment was inappropriate on the amount, but the parties settled. No. 45-D04-11-5-00111 workers’ compensation immunity defense Court Lake County Circuit Court, and that there were factual issues for a jury to Estate of IN decide as to who the employer was. In August Erik Hilario $8,250,000 survival Judge Bruce D. Parent 2015, one month prior to trial, the defendant $21,000,000 wrongful death Date 2/20/2015 admitted liability on the plaintiff’s premises $29,250,000 claim but continued to seek immunity Plaintiff as employer under Georgia’s Workers’ Insurer(s) Companion Property & Attorney(s) Stephen D. Phillips (lead), Compensation Act. Newell Recycling of Casualty Group Phillips Law Offices, Atlanta conceded liability for the accident Great American Insurance Chicago, IL and for the actions of its employee, Eady. Group Kevin C. Smith, Smith The defense denied that its puncher and Sersic, Munster, IN Trial Details Trial Length: 2 weeks defueling process were defectively designed Jill M. Webb, Phillips Law Trial Deliberations: 2 hours or unreasonably safe. Also, the design and use Offices, Jury Composition: 8 male, 8 of its puncher were not the proximate cause Chicago, IL female or a contributing factor toward Hilario’s Defense death, according to the defense. Plaintiff Attorney(s) Jerry E. Huelat, Huelat Because Newell employees designed, Expert(s) David Brani, Ph.D., Mack & Kreppein P.C., fabricated and installed the puncher, it didn’t industrial, Michigan City, IN (Jeffrey constitute a product that is sold in commerce Marietta, GA Cleary) and thus, was not liable for the estate’s Walter L. Ingram, M.D., product liability claims. burn medicine, Atlanta, GA The defense contended that when used as Deborah A. Kapitan, Kopka consumed more alcohol just before the crash. Insurer(s) Cincinnati Insurance Pinkus Dolin & Eads, The Country Lounge is a 45-second drive Company for Maintenance Crown Point, IN (Chulas, from the accident site. Dynamics, Inc. and LLC) Cleary admitted liability on the eve of trial, Jeffrey Cleary Thomas W. Kramer, after his criminal appeals were exhausted. Auto Owners for Jeffrey Buoscio Pera and Maintenance Dynamics contended that Cleary Kramer, Merrillville, IN Cleary was not acting within the scope of Travelers Insurance for (Maintenance Dynamics, his employment at the time of the collision, Giovanni’s Inc. Inc., Jeffrey Cleary) and that the company did not negligently Selective Insurance for Brandon J. Kroft, Cassiday entrust the vehicle to Cleary. The estate was Chulas, LLC Schade LLP, Crown Point, able to introduce multiple, prior operating- IN (Giovanni’s Inc.) while-intoxicated convictions to support the Trial Details Trial Length: 5 days Joseph A. Panatera, Cassiday negligent entrustment claim. Trial Deliberations: 2 hours Schade LLP, Crown Point, Country Lounge and Giovanni’s denied Plaintiff that Cleary was visibly intoxicated while IN (Giovanni’s Inc.) Expert(s) Scott Kriger, Ph.D., at their establishments. Defense counsel for toxicology, Indianapolis, IN Facts & Allegations On Nov. 4, 2010, Giovanni’s contended that none of the parties at 11:41 p.m. Phillip Amsden, 63, a service present with Cleary testified that he showed Defense truck driver, was standing on the shoulder of visible signs of intoxication. Defense counsel Expert(s) Gregory S. Gordon, Interstate 65 in Hobart, Ind., helping another for Giovanni’s also argued that the amount M.D., emergency room/er, trucker, whose truck had broken down, change of alcohol consumed over a long period of Merrillville, IN a flat tire. Amsden’s service truck was parked time supported the testimony that he was not behind the trucker’s semi-trailer that had a visibly intoxicated. The defense for Giovanni’s Editor’s Note This report is based on flat tire. Amsden was standing between his noted that although Cleary himself testified information that was provided by plaintiff’s truck and the semi-trailer when a 2006 Range he believes that he was visibly intoxicated, and defense counsel for Chulas, LLC d/b/a Rover operated by Jeffrey Cleary struck the this testimony contradicted prior testimony Country Lounge, and Giovanni’s Inc., d/b/a rear of Amsden’s truck. The impact of Cleary’s he gave in the criminal trial. Defense counsel Giovanni’s. Defense counsel for Maintenance vehicle pushed the service truck into the semi- for Giovanni’s further argued that Cleary’s Dynamics, Inc., and Jeffrey Cleary did not trailer, pinning Amsden who died at the scene. alcohol consumption at its restaurant was respond to the reporter’s phone calls. Cleary was arrested and charged with two not a responsible cause of the accident –Gary Raynaldo felony and three misdemeanor drunk driving because of the four hour and forty minute charges. A blood test taken two hours after gap between the time Cleary left Giovanni’s the accident showed Cleary had a 0.19 blood and the accident. eighty-three alcohol content at that time. In 2012, Cleary Defense counsel for Country Lounge was convicted of drunken driving charges contended that Cleary only had one alcoholic Industry: Real Estate and traffic infractions involving the death of drink at the Lounge prior to the crash and Amsden. was not visibly intoxicated. PREMISES LIABILITY Patricia Amsden, representing the estate Negligent Repair and/or Maintenance of husband, sued Cleary claiming he was Injuries/DamagesAmsden’s wife sought negligent in the operation of his vehicle. to recover damages for loss of comfort, care Also sued was the owner of Cleary’s vehicle, and affection, as a result of the death of her Balcony collapse Maintenance Dynamics, Inc., claiming it was husband. Amsden and his wife were married caused vicariously liable for the actions of Cleary 40 years. because he was acting as an agent of the life-altering injuries company on the day of the fatal accident; Result The jury found that the defendants Maintenance Dynamics, Inc., Jeffrey Cleary, and that it negligently entrusted the vehicle Verdict $24,750,000 to Cleary. The estate also sued Chulas, LLC Chulas, LLC d/b/a Country Lounge, and d/b/a Country Lounge, and Giovanni’s Inc., Giovanni’s Inc., d/b/a Giovanni’s were liable. Case Sandra D. Miles v. Arbor d/b/a Giovanni’s for allegedly serving Cleary The jury apportioned fault as follows: Station Apartments II LLC when he was visibly intoxicated at their Cleary (40 percent), Maintenance Dynamics, and J&M Management establishments. The estate claimed Cleary Inc. (10 percent), Country Lounge (30 Co. LLC, No. CV-2013- drove to Giovanni’s Restaurant in Munster, percent), and Giovanni’s Inc. (20 percent). 900701.00 Ind. for lunch and drinks with two other The jury determined that the estate’s Court Montgomery County Circuit individuals for a job-related business meeting. damages totaled $25 million, to be Court, AL The estate claimed that over the next six apportioned to each party based on its Judge William Shashy to seven hours, Cleary ordered six drinks liability. Date 3/23/2015 -- all doubles of vodka -- which contained Giovanni’s entered into a high/low 3.5 ounces of vodka each and thus had 21 agreement prior to closing arguments, which Plaintiff Attorney(s) Kendall C. Dunson (lead), ounces of vodka, in addition to sharing a capped its damages at $1.65 million. Beasley, Allen, Crow, bottle of wine with his companions. The Methvin, Portis & Miles, estate claimed later that evening Cleary went P.C., Montgomery, AL to the Country Lounge in Hobart, where he Jere L. Beasley, Beasley, approved. Plaintiffs’ counsel claimed that an knee replacement surgery in the future, in Allen, Crow, Methvin, Portis inspection report compiled in January 2012 addition to periodic procedures to reprogram & Miles, P.C., Montgomery, in connection with an attempt by the owners and change the batteries in the nerve AL to obtain financing found severe, structural stimulator, and claimed $124,268.02 in past Jason M. Burton, Alston & problems in multiple buildings in the complex and $4,229,426 in future medical expenses. Bird LLP, Durham, NC and warned a systems failure would occur Candance Doran underwent fusion surgery MIchael A. Kaeding, Alston within a year if repairs were not made. on her ankle. Her life care planning expert & Bird LLP, Durham, NC Arbor Station and J&M denied premises claimed $89,497.08 in past and $412,735 in Gregg E. McDougal, Alston liability. Defense counsel argued and the future medical expenses. Miles underwent & Bird LLP, Durham, NC defense engineering experts testified that the surgical repair of her torn meniscus and balcony failed due to defects in the original fusion surgery on her right ankle. She was Defense construction predating the defendants’ hospitalized for 16 days, including six days Attorney(s) David A. Lee (lead), ownership of the building. The experts of inpatient physical therapy. Her life care Parsons, Lee & Juliano, PC, testified the braces were not visible from planning expert testified she will require Birmingham, AL outside the building and that the defendants multiple knee replacement surgeries in the Dennis R. Bailey, Rushton, could not have reasonably been expected to future and claimed $116,900 in past and Stakely, Johnston, & Garrett, spot defects in them. $412,735 for future medical expenses. PA, Montgomery, AL Eight people were on the balcony at the Plaintiffs’ counsel maintained James Doran J. Evans Bailey, Rushton, time of the collapse. Two others filed claims now requires a cane to walk, while Vanesha Stakely, Johnston, & Garrett, against Arbor Station and J&M, but settled Duran has complex regional pain syndrome PA, Montgomery, AL for confidential amounts prior to trial. and is wheelchair-bound. Also, plaintiffs’ Miles Gresham, Parsons, counsel maintained Candance Doran’s Lee & Juliano, PC Injuries/Damages anterior cruciate bladder injuries will require her to undergo Paul M. James, Jr., Rushton, ligament, tear; arthritis, traumatic; bladder, self-catheterization six times a day for the rest Stakely, Johnston, & Garrett, perforation/rupture; complex regional pain of her life. Plaintiffs’ counsel maintained her PA, Montgomery, AL syndrome; compound fracture; fracture, injuries have caused her to develop athritis Frank M. Wilson, Frank M. calcaneus/heel; fracture, distal fibula; in her ankle, while Miles has developed Wilson, PC, Montgomery, AL fracture, femur; fracture, fibula; fracture, athritis in her knee. Plaintiffs’ vocational knee; fracture, tibia; fusion, ankle; hammer On Dec. 12, 2012 rehabilitation expert testified James and Facts & Allegations toe; herniated disc, lumbar; internal fixation; plaintiffs James Doran, 43, a machinist, his Vanesha Doran and Miles are totally disabled medial meniscus, tear; meniscus, tear; nerve wife Vanesha Doran, 43, a legal assistant, and unable to work, while Candance Doran’s impingement; open reduction their daughter Candance Doran, 23, a disabilities leave her unable to work for more All four plaintiffs were transported by student and Sandra Miles, 44, a nurse, were than six hours a day and will cut her future ambulance to the emergency room. James standing on the second-story balcony of the earning potential between 25 and 40 percent. Doran sustained compound left tibia and Arbor Station Apartments in Montgomery, The vocational rehabilitation expert claimed fibula fractures, a displaced fracture of the Ala., waiting to enter an apartment where a $900,767 in past and future lost income for right lateral femoral condyle and a right college graduation party was taking place, James Doran, $801,124 in past and future femur fracture in the right leg. Vanesha when the floor collapsed, causing them to lost income for Vanesha Doran, between Doran sustained a fracture of her right heel, fall approximately 12 feet to the pavement $486,686 and $778,697 in future lost income hammer toe in her right foot, a torn meniscus below. The apartment complex was managed for Candance Doran and $2,812,297 in past in her right knee and a lumbar herniation. by J&M Management. and future lost income for Miles. Candance Doran sustained a right distal The Dorans and Miles sued Arbor Station The plaintiffs were seeking $35,000,000 fibula fracture in her right leg and a bladder and J&M, claiming premises liability. in total damages, plus $5,000,000 to injury. Miles sustained a right distal fibula The plaintiffs’ structural engineering expert $10,000,000 in punitive damages. fracture, a high-grade tear in her right testified the floor collapsed because the braces Defense counsel disputed the damages. anterior cruciate ligament, a complex tear in connecting it to the building were inadequate The defense life care planning expert testified her right medial meniscus in the right leg, a and poorly maintained. Plaintiffs’ counsel the plaintiffs’ claims included unnecessary lumber herniation and cervical dystonia. maintained the building owners and managers treatment, such as Vanesha Doran’s nerve James Doran underwent open reduction failed to regularly inspect the property in stimulator, and excessive expenses, such as and internal fixation of his tibia and fibula violation of their own written polices, and the claimed expenses for Candance Doran’s fractures. He was hospitalized for 28 days, also said the condition of the balcony violated catheterization supplies. including 21 days of inpatient physical city building codes. Plaintiffs’ counsel also rehabilitation. Plaintiff’s life care planning Result The jury awarded Miles $3,500,000, maintained there were no reports of defects expert claimed $156,228.85 in past and Candance Doran $6,000,000, Venesha or deficiencies in the balcony prior to Arbor $105,797 in future medical expenses. Doran $10,000,000 and James Doran Station’s purchase of the complex. Plaintiffs’ Vanesha Doran underwent surgical repair $5,000,000. They were jointly awarded counsel maintained that starting in 2007 of her meniscus tear and was hospitalized $250,000 in punitve damages. the complex’s management began compiling for 14 days, including seven days of inpatient reports indicating the balcony structures on physical rehabilitation. She underwent nerve Insurer(s) Aspen Specialty Insurance several buildings -- including the building and facet blocks before having a lumbar Co. ($1,000,000 policy) where the collapse occurred -- were showing nerve stimulator implanted. Plaintiff’s life Allied World Insurance Co. signs of shifting. Further, plaintiffs’ counsel care planning expert testified she will require ($25,000,000 policy) maintained repairs were bid-out but never Great American Insurance Plaintiff swerve or break. Co. ($25,000,000 policy) Attorney(s) Daniel W. Cotter (lead), The estate also sued the vehicle’s The Maher Law Firm, P.A., owner, Jimmy Yong Kim, claiming he was Trial Details Trial Length: 3 weeks Stone Mountain, GA vicariously liable for the driver’s actions. The Trial Deliberations: 9 hours Bradley J. Edwards, Farmer, estate also sued Las Olas Holding Company, Plaintiff Jaffe Weissing, Edwards, Inc., doing business as Riverside Hotel, for Expert(s) Kent Crenshaw, vocational Fistos & Lehrman, P.L., Fort negligence. The estate alleged Las Olas failed rehabilitation, Montgomery, Lauderdale, FL to maintain its premises in a reasonably AL Gary M. Farmer, Jr., safe condition. The estate alleged that the Dothel Edwards, life care Farmer, Jaffe Weissing, cabana, as constructed, was too close to planning, Columbus, GA Edwards, Fistos & Lehrman, the roadway and was built in violation of J.C. Poindexter, economics, P.L., Fort Lauderdale, FL rules imposed by the Florida Building Code. Chapel Hill, NC The estate further alleged the hotel knew Defense of a growing danger caused by the road Matt Sams, structural, Cary, Attorney(s) Elana B. Goodman (lead), and should have built a barrier between NC Mitrani, Rynor, Adamsky the road and the cabana to protect hotel & Toland, P.A., Weston, Defense guests. Plaintiff’s counsel also alleged the FL (Las Olas Holding Expert(s) Danny Raines, structural, cabana was located in a spot just off a sharp Company, Inc., Doing Griffin, GA curve on the road with no protection from Business As Riverside Hotel) Glenn Sollie, structural, passing vehicles -- a stretch of road that was Steven R. Adamsky, Mitrani, Auburn, AL a dangerous condition because of the high Rynor, Adamsky, Toland, Shane Vervoot, M.D., life volume of traffic caused by motorists using Weston, FL (Las Olas Holding care planning, Pensacola, FL it to bypass Las Olas Boulevard at speeds Company, Inc., Doing Joseph D. Weatherford, in excess of what the section of the road Business As Riverside Hotel) structural, Montgomery, AL was designed to handle. The estate’s expert Hinda Klein, Conroy, structural engineer testified that the hotel Simberg, Ganon, Krevans, Editor’s Note This report is based on could have easily remedied the dangerous Abel, Lurvey, Morrow & informatin that was provided by plaintiffs’ condition by erecting a barrier such as a Schefer, P.A., Hollywood, counsel. Defene counsel did not respond to bollard, guardrail or palm tree, which would FL (Las Olas Holding the reporter’s phone calls. have stopped Kim’s vehicle and prevented it Company, Inc., Doing from striking the cabana. He also opined –Rick Archer Business As Riverside Hotel) that the dangerous condition could have None reported (Rosa Rivera been remedied by relocating the cabana to Kim) eighty-six a location near the pool, out of harm’s way. Facts & Allegations On March 18, Defense counsel for Las Olas denied Industry: Hospitality 2012, Alanna Demella, 26, a school teacher, negligence, contending that Kim was 100 was sitting inside a poolside cabana structure percent responsible for the accident that killed MOTOR VEHICLE at the Riverside Hotel located on Sagamore Demella. The defense pointed to Kim’s extreme Alcohol Involvement — Wrongful Death Road in Fort Lauderdale when a 2006 level of intoxication, her reckless speed and Audi sedan operated by Rosa Rivera Kim blatant lack of any attempt of evasive measure Family: Hotel’s cabana struck a curb near the intersection of SE that could have prevented the crash. The 4th Street and SE 8th Avenue, went over the defense’s structural engineering expert opined was in dangerous area sidewalk and smashed through the side of that Kim’s vehicle struck the cabana with the cabana, killing Demella and her unborn 43,000 pounds of force, and was likely traveling near roadway child. Demella was seven months pregnant. at 52 to 53 mph. The defense also asserted that Demella and her husband, residents of the cabana structure, which was built in 1963, Verdict $24,057,283 Massachusetts, were in Florida after they was fully permitted and in compliance with won an all-expenses paid vacation to attend all applicable building codes. Defense counsel Case Michael Demella, personal a marriage conference. asserted that the cabana structure exceeded representative of the estate Michael Demella, as personal representative the minimum standards for strength and for of Alanna Demella v. Rosa of the estate of his wife, sued Kim claiming she roadway setback. In addition, the defense Rivera Kim, Jimmy Yong was negligent in the operation of her vehicle. asserted that in the 49 years prior the accident, Kim, and Las Olas Holding Kim had a blood alcohol level of 0.24 -- three no vehicle had ever impacted or came close to Company, Inc., Doing times the legal limit. Kim was arrested and impacting the structure and that no vehicle had Business As Riverside Hotel, charged with driving under the influence, and ever left the roadway in the area of the cabana. No. CACE12028526 two counts of drunken-driving manslaughter. The defense also argued that the roadway Court Broward County Circuit Kim was sentenced to 15 years in state prison. was owned by the City of Ft. Lauderdale Court, 17th, FL The estate claimed witnesses to the accident and controlled by Broward County. Defense Judge Jeffrey R. Levenson confirmed the Audi sedan was being driven at counsel claimed the county had thoroughly Date 6/23/2015 50 to 60 mph -- more than twice the posted studied this area of the roadway, most recently speed limit -- when she drove straight into just a few months before the accident, and had the cabana structure without any attempt to found that it was operating safely and that there was no need for any type of traffic control Frederick A. Raffa, Ph.D, Jason P. Fowler, R. Rex Parris measure. The defense’s accident reconstruction economics, Orlando, FL Law Firm, Lancaster, CA expert opined that the subject accident was Robert Reiter, vehicle, Los entirely unforeseeable and unpreventable by Angeles, CA Defense Attorney(s) Steve R. Belilove (lead), Yee the hotel. He also opined the accident was an Defense & Belilove, LLP, Pasadena, outlier among traffic accidents. He opined that Expert(s) Lance Atkins, structural, CA the cabana was built with plenty of setback Palmetto Bay, FL Steven R. Yee, Yee & between the building and the road, and that he Daniel J. Melcher, P.E., Belilove, LLP, Pasadena, CA would recommend the hotel build no barrier, accident investigation & as the cabana was not in need of protection. reconstruction/ failure Facts & Allegations On Feb. 6, 2011, plaintiff Jose Cardona, 59, a welder, made Injuries/Damages death analysis/product liability, a left turn onto 47th Street East, near the Michael Demella, who was in a restroom West Palm Beach, FL intersection with Fort Tejon Road, also just a few feet away when the accident Las Olas Holding Company, known as State Route 138, in Palmdale. occurred, suffered only minor injuries. Post-Trial Inc. will be filing a motion for judgment His wife, plaintiff Irene Cardona, 53, was He sought to recover damages for his pain notwithstanding the verdict. During trial, a front seat passenger in the Ford Taurus and suffering, and loss of companionship the defense moved for a directed verdict at and his son, plaintiff Eduardo Cardona, and society as a result of the death of his the close of the estate’s case and again at the 22, was a rear-seat passenger. While the wife. He also sought to recover damages close of the defense’s case. The court reserved Taurus was traveling south on 47th Street for funeral expenses, the loss of his wife’s ruling on said motions. During closing argu- East, a northbound Ford Explorer operated support and services, and net accumulations ments, the defense moved for a mistrial in by Galdino Navarro Cortes lost control to her estate. Michael said he and his wife response to several alleged, improper argu- and crossed into the Cardonas’ lane of planned to name their unborn child Joshua. ments made by the estate’s counsel, Bradley travel, striking the Ford Taurus head-on. Jose It was to be the couple’s first child. J. Edwards. Cardona sustained multiple fractures and an He was devastated at the death of his alleged brain injury. His son suffered a knee pregnant wife. The estate’s counsel suggested Editor’s Note This report is based on fracture and an abdominal injury, resulting the jury award $42 million information that was provided by plaintiff’s in internal bleeding. Irene Cardona suffered The defense did not actively contest the and defense counsel for Las Olas Holding a wrist fracture and an alleged brain injury. issue of damages, and focused on liability. Company, Inc. The Cardonas sued Cortes, alleging that Cortes was negligent in the operation of Result The jury found Rosa Kim 85 percent –Gary Raynaldo negligent, and Las Olas 15 percent negligent. his sport utility vehicle. Specifically, the The jury determined that the estate’s dam- Cardonas claimed that Cortes was intoxicated ages totaled $24,057,283. Because of com- ninety-seven and caused the crash. parative negligence, the verdict award against The plaintiff’s biomechanics expert testified Las Olas is $3,608,592. Industry: Auto that Cortes was traveling approximately 50 mph at the time of impact and that the Michael MOTOR VEHICLE Cardonas’ car was traveling between 15 and Demella $2,034,385 future loss of Alcohol Involvement 20 mph. support and services from Cortes conceded liability. date of wife’s death and reduced to present value Plaintiffs struck by Injuries/Damages abrasions; cognition, $9,156 loss of the prospective impairment; complex regional pain net accumulations of estate intoxicated driver syndrome; depression; dysarthria; fracture, $13,742 medical or funeral claimed severe injuries ankle; fracture, fibula; fracture, patella; expenses fracture, talus; fracture, tibia; fracture, wrist; $22,000,000 loss of headaches; hernia; internal bleeding; internal Verdict $20,968,903 wife’s companionship and fixation; laceration; laparotomy; meniscus, protection and for mental Case Jose Cardona, Irene Cardona tear; open reduction; radiculopathy; rotator pain and suffering and Eduardo Cardona v. cuff, injury (tear); scar and/or disfigurement; $24,057,283 Galdino Navarro Cortes, traumatic brain injury No. MC023925 The Cardonas were transported by ambulance Insurer(s) Zurich North America for Court Superior Court of Los to an emergency room at a nearby hospital. Las Olas Holding Company, Angeles County, Jose Cardona was diagnosed with multiple Inc., Doing Business As Los Angeles, CA fractures to both legs, including a right ankle Riverside Hotel Judge John J. Kralik fracture and bilateral patellar fractures. He was also given a 15 on the Glasgow Coma Trial Details Trial Length: 6 days Date 6/15/2015 Scale. During trauma surgery, Jose Cardona Trial Deliberations: 5 hours Plaintiff required the removal of his right talus bone Plaintiff Attorney(s) Alexander R. Wheeler (lead), and the repair of a fibula fracture. Two days Expert(s) Gerri Pennachio, Ph.D., life R. Rex Parris Law Firm, later, he underwent surgery to repair meniscus care planning, Lakeland, FL Lancaster, CA tears in both knees, as well as repair the major fractures in his right tibia and both patellas. Jose Cardona also sustained a tear of the to award $33,547,067 for Jose Cardona’s Demand $5,499,999 rotator cuff in his right, dominant shoulder. total damages and $16,050,183 for Irene Offer $30,000 (policy limits) Jose Cardona claimed that he now has pain Cardona’s total damages. Counsel left and fatigue while ambulating. He alleged Eduardo Cardona’s damages to the discretion Insurer(s) QBE Insurance Group that as a result, is unable to walk without the of the jury. (primary carrier) assistance of a walker or a wheelchair. He Defense counsel strongly contested the American Claims was also diagnosed with cerebral damage, nature and extent of the plaintiffs’ alleged Management Inc. (third resulting in cognitive deficits years after injuries. Specifically, defense counsel denied party administrator) the accident. As a result, Jose Cardona that Jose Cardona suffered any cognitive Trial Details Trial Length: 13 days suffers from slurred speech, blurred vision, deficits from a head injury. Counsel also Trial Deliberations: 2 days tremors, dizziness, anxiety, depression, disputed Irene Cardona’s alleged CRPS. Jury Vote: 9-3 and 10-2 on unpredictable moods, loss of concentration, While the defense’s expert orthopedic 20 items memory problems, and headaches. He also surgeon denied Irene Cardona’s alleged is allegedly left with worsening dysarthria, CRPS, the defense’s neurological expert Plaintiff which causes facial numbness, tingling, and found that she did suffer from the condition. Expert(s) Ann Barnes, R.N., life care difficulty swallowing. Thus, Jose Cardona planning, Glendale, CA The jury found that the Cardonas claimed that he has never made a fully Result H. Ronald Fisk, M.D., had sustained permanent injuries. Thus, recovery and that he has not been able to neurology, it determined that the Cardonas’ damages return to work since the accident. Los Angeles, CA totaled $20,968,903, including $14,134,828 Irene Cardona suffered numerous abrasions Tamorah G. Hunt, Ph.D., for Jose Cardona’s damages, $6,240,075 for to her legs and chest, and a head injury that economics, Irene Cardona’s damages and $600,000 for allegedly causes persistent headaches and Santa Ana, CA Eduardo Cardona’s damages. However, the blurred vision. Her head injury was ultimately Rick Sarkisian, Ph.D., jury was deadlocked on the alleged punitive diagnosed as a traumatic brain injury. Irene vocational rehabilitation, damages issue, but the plaintiffs’ dismissed Cardona was also diagnosed with a complex Fresno, CA the claim with prejudice to avoid a mistrial. fracture of the right wrist, requiring open Jeffrey A. Schaeffer, Ph.D., Cortes has a $30,000 policy limit with QBE reduction and internal fixation surgery on neuropsychology, Los Insurance Group, which the carrier offered the date of the accident. She claimed that her Angeles, CA to tender. However, an action is commenc- wrist bones are now fused and that her pain C. Thomas Vangsness, Jr., ing against the third-party administrator, never went away. As a result, hardware from M.D., orthopedic surgery, American Claims Management Inc., over its the surgery was removed in October 2014. Los Angeles, CA alleged mishandling of the claim and refusal Irene Cardona claimed that despite the Daniel P. Voss, M.S., to settle for policy limits. surgeries, she continues to suffer pain biomechanics, radiating from her wrist into her right arm Eduardo Long Beach, CA and shoulder. She was ultimately diagnosed Cardona $400,000 past non- Vernon B. Williams, M.D., with complex regional pain syndrome, also economic loss pain management, Los known as reflex sympathetic dystrophy or $200,000 future non- Angeles, CA causalgia, a chronic pain condition. She economic loss Defense alleged that the severity of her chronic pain $600,000 even causes her to lose consciousness. Expert(s) Gene Bruno, M.S., C.R.C., Eduardo Cardona was admitted to the Irene Cardona $1,734,000 future medical cost C.D.M.S., life care planning, hospital with lacerations to his chest, bruising $56,075 past loss of home Encino, CA on his legs, and swollen ankles. He was also services Arthur P. Kowell, M.D., determined to have sustained a rupture of $1,530,000 past non- Ph.D., neurology, Encino, CA the abdominal wall, resulting in internal economic loss Robert A. Wilson, M.D., bleeding and causing anemia due to the blood $2,920,000 future non- orthopedic surgery, Beverly loss. As a result, he required an emergency economic loss Hills, CA laparotomy and surgical repair of a complex $6,240,075 Editor’s Note This report is based on infor- abdominal wall hernia. Eduardo Cardona mation gleaned from court documents and later developed an intestinal blockage, Jose Cardona $4,000,000 future medical cost interviews of plaintiffs’ and defense counsel. requiring another surgical intervention. $216,730 past lost earnings $347,750 future lost As a result of injuries and surgeries, –Max Robinson Eduardo Cardona was left with a large scar earnings on his stomach. He also claimed that he $45,348 past loss of home continues to suffer abdominal pain. Although services he was hospitalized for six days and had to $3,700,000 past non- drop out of trade school, he was ultimately economic loss able to return to school, graduate, and work $5,825,000 future non- full time since 2012. As a result, he is able to economic loss provide his parents with additional care due $14,134,828 to the severity of their injuries. Thus, plaintiffs’ counsel asked the jury

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