California Bar Journal
spacer.gif (810 bytes)


spacer.gif (810 bytes)

Acceleration of interest rate unconscionable
Award: $411,906

A clause in loan documents accelerating unearned interest upon default was held procedurally and substantively unconscionable (Phoenix Leasing Inc. v. Johnson, Marin County Superior Court).

Pedestrian loses spleen
Award: $945,386

A Caltrans employee driving a State of California pickup truck struck a Chevron employee, who suffered loss of his spleen (Abir v. State of California, Orange County Superior Court).

Medical misdiagnosis
Award: $750,000

A wife/mother died after her doctors allegedly missed a diagnosis of eclampsia (Shah v. Corona Regional Medical Center, Riverside County Superior Court).

Real estate fraud claimed
Award: Defense

A real estate investor claimed that a high appraisal of property constituted fraud (Bright v. Central Pacific Mortgage Co., Sacra-mento County Superior Court).

Gasoline contamination
Award: $1,191,214

A corporation claimed it incurred property damage and remediation costs caused by a contractor’s negligence (Napa Valley Petrol-eum Inc. v. Holt, Napa County Super-ior Court).

Shelving unit injures clerk
Award: $513,000

A saleswoman suffered a herniated disk when she attempted to catch a shelving unit as it fell (Wright v. Beverly Fabrics Inc., Stanislaus County Superior Court).

Malpractice claimed
Award: Defense

An interventional radiologist allegedly failed to diagnose intracerebral bleeding, which led to death (Bria v. Cipriano, San Mateo County Superior Court).

Slip/fall injures knee
Award: $79,432

A homemaker slipped on a plastic tie back at Kmart and sustained internal derangement of her right knee (Martinez v. Kmart Corp., Los Angeles County Superior Court).

Elder abuse claimed
Award: $277,855

A grandmother claimed fraud and financial abuse by her grandson under Welfare & Institutions Code 15610.30 (Lockard v. Oliver, San Diego County Superior Court).

Child reacts to medication
Award: $5,758,640

Plaintiff minor suffered a severe skin disorder from phenobarbital prescription and failure to follow up (Banks v. Friendly Hills Medical Center, Los Angeles County Superior Court).

EDITOR’S NOTE: California Bar Journal publishes this abbreviated summary of important trials in California provided by Trials Digest Publishing Inc. For a free complete trial report on any case listed, call 510/420-1800.