Mr. Miller Obtains an Award 97% Below Claimant’s Demand

James Miller headshotJim Miller recently completed a binding arbitration in this matter. The claimant was involved in a moderate impact rear-end accident that occurred on Highway 99 northbound which resulted in a total loss of the claimant’s vehicle.

Claimant settled with third party’s liability insurance limits. The claimant then presented a first party claim against his insurance company, alleging that he suffered significant injuries to his cervical spine and lumbar spine with radicular components to both the upper extremities and the lower extremities. Claimant had a rather significant work up that involved multiple presentations to a chiropractor and an orthopedic spine surgeon. Continue reading

Fuller v. Larsen – El Dorado County

Headshot of Robert F BennettIn this case Rob Bennett represented a young pharmacy clerk, Mr. Larsen, who was also a friend of the plaintiff.  The parties were friends for several years before the accident.  On September 14, 2011, Mr. Larsen was driving in a rural part of El Dorado County with Mr. Fuller as a passenger when the vehicle struck another car.  The vehicle both parties were in sustained damages totaling $4,660.   Continue reading

Plaintiff Dismisses & Pays Costs – Minor Plaintiff v. France – Solano County

Headshot of Robert F BennettRecently, Rob Bennett secured a victory in a case which arose following a minor accident in 2013. At the time, plaintiff, a minor, was driving with her father to Six Flags Marine World.  Rob’s client, a certified nursing assistant was merging on to Interstate 80 from Highway 37 when traffic came to a sudden stop and she collided with the rear of the plaintiff’s vehicle.  Plaintiff alleged injuries to her neck and back.  Plaintiff failed to file a property damage report with the insurance company for a year and a half after the accident.  Even so, the insurance company was unable to find any residual damage from the accident. Continue reading

Carroll v. Seafood City—Bennett Successful In Motion For Summary Judgement

Headshot of Robert F BennettOn May 28, 2013, associate Rob Bennett successfully obtained summary judgment in favor of his client Seafood City. This case arose from a suspicious slip and fall which occurred at Seafood City, a grocery store in Sacramento. Footage obtained from Rob’s client showed the fall was not a fall at all, but merely a crouching which plaintiff alleged caused injuries. Following his motion, the Court agreed plaintiff sustained no damages and granted defendant’s motion for summary judgment. As a result, Rob’s client is entitled to recover a significant amount of litigation costs incurred during the case.

Congratulations to Rob and his client on this successful result.

Chmielewski v. Moore – Yolo County

Brian Powers headshotOn October 26, 2012, Brian Powers finished a four day jury trial in Yolo County resulting in a defense verdict. The suit arose from an accident that happened in Woodland at the intersection of East and Gibson. The plaintiff, then 20, was crossing Gibson, riding his skateboard southbound in the cross-walk at the east side of the intersection. Brian’s client, Mr. Moore, was driving his vehicle in the eastbound number two lane on Gibson. There was a van next to Mr. Moore in the eastbound number one lane on Gibson. The van driver almost hit the plaintiff who then rode in front of Mr. Moore and was hit in the cross-walk. The plaintiff’s injuries included a displaced left femur fracture and a comminuted fracture of the right tibia. He underwent fasciotimies in both legs because of the development of compartment syndromes. The Hanif/Howell medical expenses totaled $497,087.  The plaintiff had previously rejected an arbitration award obtained by Rob Bennett finding plaintiff 100% at fault and a 998 offer for $50,000. Continue reading

Plaintiffs Dismiss Case – Fajardin v. Henderson – Solano County

Headshot of Robert F BennettIn this case, Rob Bennett represented a Fairfield kindergarten teacher.  Plaintiffs alleged injuries following a minor rear end accident while driving on Gateway Boulevard in Fairfield. Discovery of the accident showed plaintiffs vehicle sustained damages totaling $854 including total replacement of the rear bumper.  Photos of the plaintiff’s vehicle showed only cosmetic damage. Continue reading

Wood v. Williams – Powers and Bowley Successful on Appeal

Brian Powers headshot Gordon Bowley headshotThe case was originally posted after Brian and Gordon obtained a summary judgment in this Butte County case.  The plaintiffs alleged that their deceased husband and father died as the result of fear of the defendant’s dog, which had escaped through our elderly defendant’s legs as he was letting his cleaning lady into his house. The defendant then drove through his neighborhood trying to catch the dog. The dog ran up on Mr. and Mrs. Wood’s front yard where she allegedly barked and growled aggressively at Mr. Wood and the Woods’ two Chihuahuas. Mr. Wood was able to get his dogs into his house and then was throwing rocks at the defendant’s dog when he fell over and died. In opposition to the motion for summary judgment, the plaintiffs provided a declaration from a cardiologist stating that in his opinion the confrontation with the dog caused Mr. Wood to suffer a heart attack. Continue reading

Dovichi v. De La Vergne

Brian Powers headshotAfter a six and a half week trial in a very complex and bitterly contested case, Brian obtained an excellent verdict for his clients in a “malicious prosecution” case. In the underlying case, Brian’s clients sued the Dovichis, their next door neighbors, for a prescriptive easement relating to a one foot strip of land that they alleged they had used continuously and without interruption for 13 years. They also sued for intentional and negligent infliction of emotional distress and elder abuse related to conduct by the Dovichis in relation to the dispute. All of the causes of action in the underlying case were dismissed by the court. Continue reading