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. |
