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X-ray mix-up Award: $484,000 A woman underwent unnecessary surgery because a different patient's x-rays were either negligently supplied by one defendant or mixed up by the other defendants (Kernoul v. Gaal, Ventura County Superior Court). Inspector fractures heel Award: $130,000 An inspector on a construction site suffered a fractured calaneus leading to fusion and internal fixation when he fell over floor joists (Lee v. Clark, Alameda County Superior Court). Gym membership rip-off Award: $1,035,871 A consumer class action was filed to recover membership fees to a gym that was never built (Stuppy v. World Gym International, Riverside County Superior Court). Financial elder abuse Award: $748,004 Several children of an elderly parent alleged financial elder abuse by one of their siblings and her husband (Loeffler v. Maffucci, Contra Costa County Superior Court). Auto dealer fraud Award: $123,100 Four sets of plaintiffs brought suit against the same car dealer and reached settlements for fraud, failure to disclose prior rental status and illegal repossession, alleging in part that the dealer never supplied Spanish language contracts, tricked plaintiffs into leases instead of purchases, and forged signatures (Ortega/Blanco v. Alhambra Pontiac, Los Angeles County Superior Court). Spinal fusion claimed Award: $925,000 A tugboat captain claimed serious back injuries due to a slip and fall when he attempted boarding a tractor tug (Kerbey v. Crowley Maritime Corp., Los Angeles County Superior Court). Fraudulent inducement Award: $1,300,000 An insurance company executive claimed he was fraudulently induced to accept new employment with another company under conditions that were materially different than represented (Mullins v. CalFarm, Sacramento County Superior Court). Diver dies in accident Award: Defense A diver lost his life in a diving accident, allegedly caused by defendant's negligence in allowing his power-driven sailboat to strike decedent's air hose (Swint v. Thornton, Santa Barbara County Superior Court). Damaged disks Award: $325,000 A 20-year-old student claimed that a vehicle accident damaged his lumbar and thoracic disks, rendering him permanently partially disabled (Fisher v. Chang, Alameda 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 triall report on any case listed, call 510-420-1800. |
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