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CaliforniaPerson Injury Network |
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Date |
Facts |
Decision (may be subject to appeal) See official trial decision for complete details. |
| 12/7/2004 | The family of Scott Cruce, age 41, brought a wrongful death action and Armando Soria, age 26, a personal injury claim against Massolo Brothers Trucking and Jose Sanchez to the death of Cruce and injuries to Soria arising out of an accident on Highway 101 near Gould Road between Salina and Chualar on March 12, 2003. The plaintiff alleged that Sanchez partially blocked the highway with the 72-foot-long double tractor-trail rig owned by Massolo Brothers Trucking. The plaintiffs claimed that Sanchez was negligent in the operation of the trucking unit and that the operation of the unit violated federal laws relating to truck safety, truck maintenance, and training and supervision of drivers. Cruce was on his way to work on the morning of the accident as a security guard. He was survived by his wife and four children. | Plaintiffs' verdict for the family and estate of Cruce for $3,015,000 and for Soria for $600,000.00. |
| 11/10/2004 | Bunch’s brother Erick rescued his sister from the bottom of the pool following her dive. According to Erick, who was nine years old at the time, he saw no warning labels on the pool. Loretta Frank, the owner of the pool, had told them not to dive on a previous visit. She did not tell them why they should not dive and did not repeat the warning the day of the accident. Another child, Tyler Breeding, dove into the pool. Breeding performed a shallow dive, diving straight out into the water. He dove from the bench located on the deck adjacent to the pool. Bunch also dove at least once before the dive that led to the accident. Erick did not see Bunch’s final dive, but he heard the splash and saw her curled up and floating in the middle of the pool. Bunch whispered she could not breathe, and Erick dragged her to the edge of the pool. Bunch’s complaint alleged negligence, products liability, failure to warn, and breach of warranty. A jury awarded Bunch over $12 million and awarded McMasker $1 million on its indemnity claim. | $16,112,306 |
| 7/21/2004 | Plaintiff Eileen E. Lecuyer was seriously injured at night near a parking lot at the Sunset Trails apartment complex when she stepped backward over the edge of an elevated and unrailed concrete walkway or sidewalk that was adjacent to the parking lot and fell down into an adjoining dirt or planter area between the sidewalk and one of the apartment buildings. Lecuyer brought an action for negligence and negligence per se against both the owner and manager of the property, Sunset Trails Apartments, LP (a California limited partnership) and M.G. Properties Company, respectively (together Sunset Trails). | $35,794 |
| 6/18/2004 | Plaintiff Matthew Peake brought suit against defendants Chevron USA, Inc., Chevron Transportation, Ltd. and Chevron Shipping Co., Inc. for personal injuries and breach of contract. Plaintiff claimed that he injured his back while employed as a Mooring Master and Environmental Cargo Officer for the defendants, that such injuries ultimately required him to undergo a L5-S1 spinal fusion and ended his sea-going career. Plaintiff claimed that he suffered cumulative injuries between February 1999 and January 2000 as the result of defective work methods and defective equipment relating the defendants’ off-shore oil tanker mooring located at Barber’s Point on the island of Oahu and that he suffered an acute trauma to his low back on January 17, 2000 due to a defective sea door aboard the tanker CHEVRON ATLANTIC. Plaintiff alleged that such injuries were caused by the negligence of one or more of the Defendants and/or the unseaworthiness of their vessels. Plaintiff Peake claimed that he had suffered both economic and non-economic damages as a result of Chevron’s negligence and the unseaworthiness of their vessels and as a result of Chevron breaching a contract relating to his return to work with the defendants after his injury. Plaintiff also sought the recovery of “maintenance and cure,” special no fault maritime benefits relating to room and board and medical care. | $2,232,900 |
| 4/19/2004 | Plaintiff Anthony Tanguay was a passenger in a 1991 Chevrolet Blazer that was going 85 miles an hour in a 55 mile per hour zone. He was not wearing his seat belt, when a police officer, Lisa Lerman, pulled her police car in front of the Blazer while making an illegal u-turn. Plaintiff suffered a severe head injury as a result. Defendant offered $2.68 million, increased to $3 million at trial. Plaintiff demanded $4.3 million, reduced to $3.9 million during trial. | $4,179,000 |
| 4/9/2004 | Plaintiff and appellant, James Mason (Mason), was rendered a paraplegic after he rode down a water slide and crashed into the dam at the end of the slide. The accident occurred at a water park owned and operated by Mason’s employer, defendant and respondent, Lake Dolores Group, LLC (LDG). Shortly before the accident, Mason reported to work, but did not clock in. At the time of the accident, the park was closed and the water slide was turned off, but Mason instructed another employee to turn the water slide on. An insufficient amount of water pooled in the “runout lane” at the end of the slide, causing the accident and Mason’s injuries. | $4,397,850 |
| 4/3/2004 | Plaintiffs, passengers in an automobile that had been pulled over by a California Highway Patrol officer into the center median strip of a highway for a traffic violation, were injured when a pickup truck ran into their automobile from behind, while the automobile was stopped in the median strip. Plaintiffs thereafter filed this personal injury action against (1) the driver of the pickup truck, (2) the driver of the automobile in which they were riding, and (3) the California Highway Patrol (CHP) and the CHP officer who had directed their vehicle to stop in the center median, alleging that each defendant had been negligent and bore some legal responsibility for plaintiffs' injuries | $7,000,000 |
| 3/13/2004 | Nursing home negligence claim by Salvado and Ofelia Camacho, individually and on behalf of their son Arturo, age 41, against CareMeridian. Arturo suffered traumatic brain injury in a motorcycle accident in 1979. The Camacho's cared for Arturo in their home but he eventually developed a bedsore and were forced to place him in CareMeridian's nursing home in March 2001. The Camachos claimed that Arturo was really in pretty good shape when the was admitted to CareMeridan's nursing facility but not when he was removed from CareMeridian's care two days before his death at Regional Medical Center. By that time, he had five decubitus bedsores, two of them so deep bones could be seen. He died of pneumonia while attempts were being made to heal the bedsores. | $2,000,000 |
Automobile Accident
Truck Accidents
Tire Blowout Accident
Airplane Accident
Motorcycle Accident
Careless Actions by Another
Failure to Stop
Workplace Injury
Medical Malpractice
Product Liability
Dog Bite
Whiplash
Slip Accidents
other areas
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