1.  Cook v. LaMothe  

Breach of Lease, Retaliatory Eviction, Breach of Implied Warranty of Habitability, Intentional Infliction of Emotional Distress

Summary:  Plaintiffs rented a home from the defendants.  The plaintiff and the defendant's daughter got into a physical altercation outside the rental property.  Claiming economic and emotional damages, the plaintiffs sued the defendants for breach of lease agreement, breach of duty to maintain the premises in inhabitable condition, retaliatory eviction, breach of the implied covenant of quiet of privacy, false imprisonment, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, negligence, and conversion.  The defendants responded by filing a counter-claim against the plaintiffs for breach of contract for failure to pay rent.

Result: The jury returned a verdict in favor of the defendants on liability.  On the cross-complaint, the jury returned a verdict in favor of the defendants and awarded them $4,600 for unpaid rent. 

2. Potter v. Polos

Products Liability, Negligence

Summary: Plaintiff, age 4, was at the residence of defendants for a play date with defendants’ son. While outside the presence of adults, the two children were playing on a treadmill. The plaintiff fell onto the moving belt of the treadmill and was thrown against the wall directly behind the treadmill with her face wedged into the rotating belt as she was pinned against the wall. Plaintiff argued that defendant L.A. Gym Equipment Company was negligent in improperly installing the treadmill too close to the wall so that a dangerous condition existed.

Result: The jury found no liability on the part of defendant L.A. Gym.

3. Feibelman v. Marshalls, et al.

Personal Injury

Summary: Plaintiff claimed that as she entered a Marshalls store she tripped over the large floor mat placed at the entrance of the store. Plaintiff admitted that when she tripped and fell, she was not paying any attention to where she was walking, she was not looking at the floor, and her mind was preoccupied with thinking of and looking at other things.

Result: The initial demand was $1,250,000.00. Case settled for $62,500.

4. Yolanda Gutierrez v. The TJX Companies, Inc.

Premises Liability

Summary: Plaintiff was shopping in a T.J. Maxx store looking at picture frames. Plaintiff alleges in her complaint that “suddenly, without warning a steel fireplace accessory dropped on plaintiff’s left side and toes.” There was a dispute as to what fell on plaintiff. She claimed it was a large, metal object weighing approximately 30 pounds, while the store manager said it was a small picture frame weighing no more than 5 pounds. Plaintiff’s deposition revealed that plaintiff actually picked up the object after it fell, placed it back on the shelf, and it fell a second time, striking plaintiff in exactly the same spot as the original injury.

Result: The initial demand was $100,000.00. Case settled for $4,000.00 two weeks before trial.

5. Roni Mazuz v. Jevic Transportation, Inc., et al.

Negligence

Summary: While attempting to back into a drive-way of a business located near a double set of railroad tracks, a 60 foot -long tractor-trailer became stuck on the tracks and was struck by an on-coming Amtrak train. The force of the collision pushed the trailer portion of the truck into the traffic stopped at the crossing gate on the opposite side of street, striking the vehicles operated by both plaintiffs. The truck driver claimed that the eastbound crossing gate arm descended too quickly into the space between the tractor and trailer; as such, he was unable to get out of harm’s way.

Result: Initial demands were $500,000-600,000 by the first plaintiff and $4,000,000 by the second plaintiff. Case was dismissed for waiver of costs at mediation by both plaintiffs following filing of MSJ by Mass Electric.

6. Antonio Steward, et al. v. C. F. Aventerra, et al.

Third Party Criminal Attack, Premises Liability, Negligence, Negligent Intentional Infliction of Emotional Distress, and Negligent Hiring/Retention/Supervision of Employee

Summary: Plaintiffs allege that the security guard on duty was aware of a group of approximately fifteen gangsters loitering on the property violating apartment rules and failed to escort the gangsters off the property. One of the gangsters shot Antonio Steward multiple times, resulting in the amputation of both of Mr. Steward’s legs.

Result: Case successfully dismissed by MSJ.

7. Robert Duarte v. City of Palmdale, et al.

Government Tort, Dangerous Condition of Public Property

Summary: Traffic collision at an intersection jointly owned by the City of Palmdale, The City of Lancaster, and the County of Los Angeles. Decedent was traveling southbound and, by all accounts, failed to stop for the stop sign. As she rolled into the intersection, a truck was traveling westbound and attempted to stop, but was unsuccessful, fatally striking the vehicle on the driver’s side.

Result: Initial demand was $10,000,000 in general damages and more than $2,000,000 in special damages. The case against the City of Palmdale was settled at Mediation in the amount of $47,500.

8. Sally Boehm vs. Arden Realty, et al.

Premises Liability

Summary: Plaintiff alleges she tripped over a raised brick paver and struck her face on a concrete bollard which separated the pedestrian walkway and the visitor parking area in front of a commercial building. Plaintiff did not personally observe what was the object that her right toe hit and was not looking down before she fell.

Result: Initial demand was $75,000. All parties settled outside of court for $32,500.

9. Velasquez v. City of Bakersfield, et al.

Wrongful Death

Summary: Defendant designed the traffic plan for a lane closure on a Bakersfield street due to road construction. A bicyclist was riding on the street at the area of the closure when he was run over by a semi truck and killed. Decedent’s spouse and his three children filed an action for wrongful death, alleging that the defendant created a dangerous condition on public property by designing a faulty traffic plan so as to cause the subject accident.

Result: Initial demand was $25,000. Case settled at MSC with the defendant paying $10,000 total to all plaintiffs.

10. Haim Revah, et al. vs. Hilmor Development Corp., et al.

Construction Defect

Summary: Plaintiffs arranged for the construction of a new 14,000 square foot residence on their property in Beverly Hills, California. Plaintiffs hired the defendant to build a pool, spa, and koi pond as well as install hardscape including front and rear terraces. After the construction was completed, the front terrace began to experience subsidence and numerous other construction defects were identified.