Verdicts And Settlements

Vehicle Accidents

Product Liability

Premises Liability

Vehicle Accidents

$1.140 MILLION — DRUNK DRIVER ACCIDENT — UNDERINSURED MOTORIST

Mr. Rosenthal obtained a settlement for a passenger in a vehicle being driven by a drunk driver that ran off a wet roadway at 90 miles per hour and hit a tree. The insurance company that provided uninsured motorist coverage for our client hired a lawyer to fight coverage, but we were able to prevail and recover the $1 million policy limit. We also recovered a settlement from a landscape company that overwatered the median where the collision occurred, causing a dangerous condition on the roadway.

$1 MILLION — ARMORED TRUCK ACCIDENT — LOWER BACK SURGERY

Our client was driving down Madison Avenue in Sacramento when an armored truck pulled out of a parking lot directly in his path. Prior to the collision, our client had "chronic" lower back pain, but had to undergo surgery as a result of aggravation of the injury in the collision. The defense claimed the surgeries were not caused by the collision. The case settled during trial.

$850,000 — TRUCK ACCIDENT — NECK SURGERY

Our client was rear ended by a pickup truck pulling a boat and suffered a neck injury that required surgery. The other driver claimed that he was not able to stop because the brakes on the boat trailer didn't work. Our investigation determined that the driver was going too fast, but also that the boat trailer's brakes had recently been improperly serviced by the dealer that sold the boat and trailer, meaning that their negligence contributed to the accident.

$500,000 (POLICY LIMIT) — PEDESTRIAN — WRONGFUL DEATH

This homeowners insurance policy limit settlement was secured for the heirs of an 80-year-old lady who was struck by a bicyclist on a bike path while on her daily walk with a friend. She was knocked down and hit her head. She was hospitalized for several weeks before unfortunately succumbing to her injuries.

$400,000 — TRUCK/BIG RIG ACCIDENT — BACK SURGERY

Our client was rear ended in a construction zone on Highway 99 by a big rig, spreading debris over several hundred feet of highway. Prior to the collision, our client had "chronic" lower back pain, but had to undergo surgery as a result of aggravation of the injury in the collision. The defense claimed the surgery was not caused by the collision and offered $100,000 to settle before trial. The jury rendered a verdict for four times that amount.

$300,000 (POLICY LIMIT) — HEAD-ON AUTO COLLISION — KNEE SURGERIES

We secured the auto insurance liability policy limit for our client who had chronic pre-existing knee pain, but underwent two knee surgeries after aggravating the injury in the collision.

$335,000 – PEDESTRIAN — KNEE FRACTURE

Our client was walking across the street in the crosswalk when a car whose driver was looking the other way rolled forward and struck her in the leg. She suffered a tibial plateau fracture that is also called a "bumper fracture," because one mechanism of injury is the impact of a car bumper to the knee while the foot is on the ground. She underwent surgery for repair of the fracture.

$300,000 — REAR-END COLLISION — SOFT TISSUE NECK INJURY

This settlement was obtained for a woman who suffered chronic soft tissue neck pain as a result of a minor impact rear-end collision while on the way to work.

$175,000 — T-BONE COLLISION — FRACTURED WRIST

Our client was driving on a windy mountain road when the driver of another vehicle that had pulled onto the right hand shoulder, unexpectedly attempted to cross the highway and covered both lanes of traffic. Our client sustained a fractured wrist that had to be surgically repaired.

$160,000 — MOTORCYCLE ACCIDENT — KNEE SURGERY

Our client was riding his motorcycle when the driver of a vehicle pulled out from a stop sign directly in his path. Our client was thrown over the hood of the vehicle and onto the pavement. He sustained an injury to his knee and underwent arthroscopic surgery.

Product Liability

$1.253 MILLION — PRODUCT LIABILITY — PHARMACEUTICAL

Evidence developed by American Home Products Corporation in the litigation over the diet drug "Fen-Phen" showed that the company marketed the drug knowing it had the potential to cause heart valve problems and pulmonary hypertension. Mr. Rosenthal obtained this settlement for his client.

$595,000 — PRODUCT LIABILITY — PHARMACEUTICAL

$545,000 — PRODUCT LIABILITY — PHARMACEUTICAL

$350,000 — PRODUCT LIABILITY - CLOSED HEAD AND NECK INJURIES

Our client was employed with a communications company that was contracted with the U.S. Navy to monitor computer tracking stations on military facilities. While working at a computer station, the door handle on a metal box housing the computer failed and the door swung open unexpectedly, striking our client on the head. We proved in discovery that the manufacturer of the metal box had discontinued the use of the door handles because of similar failures in the past, but decided not to recall defective door handles or warn customers of the problem. We worked side by side with our client's workers' compensation attorney, who obtained a separate recovery.

Premises Liability

$850,000 — SLIP-AND-FALL — NECK SURGERY

Our client slipped on a wet floor tile while working at an Saks Fifth Avenue OFF 5TH store and suffered a neck injury that required surgery. We proved that the janitor mopped the area and left it with excessive water without placing any type of warning nearby. We worked side by side with our client's workers' compensation attorney, who obtained a separate recovery.

$750,000 — NEGLIGENT CONVENIENCE STORE SECURITY — GUNSHOT INJURIES

Our client pulled into an am-pm convenience store at 2 a.m. on a Saturday night to find himself in the middle of a rowdy parking lot party. As he was attempting to leave, one of the party participants pulled a gun and shot the plaintiff during an attempted carjacking. Our investigation revealed police records of a similar shooting at the am-pm just two months before, and we were able to show liability on the am-pm for failing to provide security for its customers despite weekly parties in its parking lot with drugs, alcohol and fights after the bars closed.

$250,000 — DOG BITE — AMPUTATION OF PINKY FINGER

Our client was attacked by a German shepherd as he returned to his car after visiting a relative. The dog was used as a guard dog and had a record with animal control for biting other people. The dog escaped a crate and bit our client several times on the arm and hand, taking off part of his pinky finger.