Serving clients in civil litigation since 2003.
In this matter the claimant had preexisting fibromyalgia. She was involved in a motor vehicle accident that resulted in an exacerbation of the fibromyalgia complaint and severe foot pain. The claimant ultimately had surgery on her foot three years after the accident....
Powers Miller attorney Rich Gillespie successfully argued a case to a jury in Yuba County in March 2011. The case involved a rear end accident in which the plaintiff claimed serious permanent and ongoing injury to his arm and shoulder. In the admitted liability case,...
In this matter the claimant asserted that he sustained significant injuries to his low back which necessitated a need for low back surgery. The surgery that was proposed was an L5-S1 discectomy and fusion. Jim Miller represented the respondent and retained a qualified...
Jim Miller recently obtained a summary judgment for the defense in a case in which the plaintiff was alleging that her homeowners’ association was negligent for not protecting her from another association member’s allegedly aggressive dogs. In the motion for summary...
In this action, Jim represented the granddaughters and the former daughter-in-law of a decedent. The plaintiffs were the decedents grandsons. The plaintiffs were also half brothers and step sons of Jim’s clients. The plaintiffs contended that Jim’s clients and their...
Brian Powers and Gordon Bowley recently obtained a summary judgment for the defense in an interesting case in which the decedent was allegedly frightened to death by defendant’s dog. The 87 year-old defendant owned a smooth-coated Shar-Pei that accidentally escaped...
The action arose out of an alleged auto versus pedestrian accident. The plaintiff contended that the defendant’s vehicle struck the plaintiff at 30 mph while the plaintiff was crossing the street at an intersection. The complaint alleged causes of actions for motor...
This wrongful death case filed by plaintiff sought compensation for the death of her husband, Juan Sanchez after falling off a roof on April 22, 2006. The decedent fell off the roof of the Perez home in Manteca while attempting to complete roof repairs. While supplies...
On March 10, 2010 , the California Supreme Court granted review in Howell v. Hamilton Meats (2009) 179 Cal.App.4th 686 (Review Granted and Opinion Superseded (Mar 10, 2010)). As a result, the Howell case can no longer be cited as legal authority in other matters. The...
Must a personal injury plaintiff mitigate damages by attending medical treatment appointments outside working hours in order not to incur damages for loss of time from work? A personal injury plaintiff has a general duty to mitigate his/her damages. “The person...
