California Bar Journal
OFFICIAL PUBLICATION OF THE STATE BAR OF CALIFORNIA - APRIL 2002
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TRIALS DIGEST

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Attorney defamed
Award: $2,250,000

An attorney claimed that a newspaper libeled him by the false implication that he had been investigated by the FBI, IRS, SEC and USPS for the investor frauds that sent his former partner to prison. (Ross v. The New York Times, Los Angeles County Superior Court.)

Insurance bad faith
Award: $2,006,000

A boy severely injured in a vehicle accident settled for more than $2 million pursuant to a policy that provided only $100,000 in coverage, because the insurance carrier initially refused, in bad faith, to disclose the policy limits. (Boicourt v. Amex Assurance Co., Orange County Superior Court.)

Outpatient to inpatient
Award: $125,000

A patient sued his surgeon for negligence after an outpatient surgery resulted in a 38-day hospitalization that defendant characterized as a run of bad luck. (Ortega v. Lawrence, San Luis Obispo County Superior Court.)

Rollerblader crashes
Award: Defense

A 12-year-old rollerblader claimed that defendant was negligent in parking his van on a sidewalk. (Nash v. Bogard, Alameda County Superior Court.)

Stepchildren sued
Award: Equitable award

An elderly man successfully canceled a grant deed that he signed only 15 days after his wife died purportedly conveying his interest in his home to his stepchildren and himself in joint tenancy. (Hall v. Patterson, Kern County Superior Court.)

Dog attacks minor
Award: $350,000

A young child was attacked in the face by a neighbor's dog, suffering numerous injuries and scars; the child's younger sister witnessed the attack. (Lamb v. Thrush, Orange County Superior Court.)

Child eats beans, dies
Award: Defense

A young girl died at home after ingesting beans that originally were part of a preschool crafts project. (Brown v. Valley Christian Preschool, San Bernardino County Superior Court.)

Wrong testicle removed
Award: $300,000

A surgeon removed the healthy testicle of a patient with testicular cancer, ultimately leaving the patient with no testicles. (Plaintiff v. Doe MD, Unfiled Settlement.)

Retaliatory termination
Award: $951,710

A mail processor of Pacific Islander descent claimed that he was harassed, discriminated against and ultimately terminated because of his national origin and gender in retaliation for his participation in a co-worker's complaint of gender discrimination. (Prasad v. University of California Davis Medical Center, Sacramento 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.