California Bar Journal
OFFICIAL PUBLICATION OF THE STATE BAR OF CALIFORNIA - NOVEMBER 2001
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California Bar Journal

The State Bar of California


REGULARS

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Front Page - November 2001
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News / News Briefs
Two new judges named to bar court; Stovitz to preside
New protections for consumers
Court approves disclosure of some private disciplines
Board member Erica Yew named to Santa Clara bench
40 receive Foundation scholarships
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Trials Digest
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Opinion
From the President - Intentional UPL should be a felony
International law in a post-Sept. 11 world
Lawyers' response: First, do no harm
Delicate balance between liberty and security
Con artists single out immigrants
Letters to the Editor
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MCLE Self-Study
Restructuring a bankrupt global company
Self-Assessment Test
MCLE Calendar of Events
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You Need to Know
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Public Comment
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Discipline
Ethics Byte - New decision may subject lawyers to suits
Trust fund scam leads to summary disbarment
Attorney Discipline

TRIALS DIGEST

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Circumcision botched
Award: $1,429,000

Defendant admitted that it negligently performed the procedure on infant plaintiff, but denied that it negligently failed to diagnose hypopituitarism, that it failed to obtain the parents' consent or that the scars and buried penis would be permanent. (Gordon v. Regents of the University of California, Sacramento County Superior Court).

False imprisonment claimed
Award: Defense

A sales associate, who was accused by his employer of giving improper discounts to customers, and was subsequently arrested, sued for false imprisonment and malicious prosecution. (Lorenzana v. J.C. Penney, Ventura County Superior Court).

Foreign object in patient
Award: $200,750

A patient who underwent bladder surgery claimed that her surgeon left a piece of a broken surgical instrument inside of her, causing extreme pain and discomfort in addition to fear that she had a cancerous lump. (Lopez v. Patel, Los Angeles County Superior Court).

Worker develops RSD
Award: $1,350,000

A maintenance worker was injured when he tripped and fell over a piece of pipe left on the floor of a storage shed, causing a broken elbow and then widespread reflexive sympathetic dystrophy. (Gardner v. Therma Corporation, Sacramento County Superior Court).

Tenant burned in explosion
Award: $490,000

A tenant suffered first- and second-degree burns over 21 percent of her upper extremities plus post-traumatic stress disorder after her malfunctioning electric cooktop burner exploded. (Stepanian v. Lincoln Manor Apartments, Los Angeles County Superior Court).

Fired for fighting
Award: $681,900

An employee, who was fired after defending himself from a co-worker's physical attack, sued for assault and battery and wrongful termination. (Escalante v. Wilson's Art Studio, Orange County Superior Court).

Construction delayed
Award: $6,198,157

Plaintiff construction company claimed that delays in completion of a water treatment plant project were caused by defective and incomplete plans, specifications and drawings furnished by defendant and by the poor construction management of defendant's construction manager. (Zurn Constructors Inc. v. Castaic Lake Water Agency, Los Angeles County Superior Court).

Pedestrian killed
Award: Defense

A 76-year-old man was struck and killed by a truck in a crosswalk with a dispute as to whether the pedestrian started crossing with a green light. (Lim v. Harris Ranch, San Francisco 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.