Powers and Marlink Prevail On Motion For Summary Judgment – Stover v. Sherrill

Brian Powers headshot Katherine Marlink headshotPlaintiff Stover filed an action in Placer County Superior Court alleging injuries as the result of a physical altercation between himself and his neighbor, Mr. Sherrill. In addition to naming Mr. Sherrill as a defendant in the matter, the plaintiff named as defendants a guest on the neighbor’s property Mr. Colaw, who he alleged intervened in the fight escalating it and causing him further injury, and Mrs. Sherrill, against whom he alleged she had breached her duty in purposefully directing Mr. Colaw to intervene to cause injury to the plaintiff. J. Brian Powers and Katherine L. Marlink of Powers Miller represented Mrs. Sherrill in the action. Continue reading

Underinsured Motorist Arbitration – T4 to Sacrum Fusion Surgery Claimed

James Miller headshotJim Miller completed a first party underinsured motorist hearing on October 23, 2014. This arbitration hearing arose from a three vehicle motor vehicle accident. However, the claimant was involved in both earlier and subsequent motor vehicle accidents. She also had an extensive surgical history, having undergone carpal tunnel releases in 1970 and 1971, cervical fusion surgeries in 1988 and 1992 and total bilateral knee replacement surgeries in 2003 and 2004. She also had extensive lumbar and lower extremity complaints including a right sided decompression at L3-4 and L4-5 in 1993 and a laminectomy revision of L3-5 in 2003. Following the earlier motor vehicle accident, the claimant underwent a re-exploration of the L3-4 decompression laminectomy and L3-4 micro discectomy which occurred in September 2009. Continue reading

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