Premises Liability

Personal Injury: Premises Liability

An elderly man bought an investment property, an old single story home, in Oakland. He fixed it up to sell. Then, an old big tree on his nextdoor neighbor's property was diseased and fell onto his home. He brought a claim against his insurance company and later filed a lawsuit in damage to the home. The insurance company alleges that the tree and its removal were not covered claims, the lost rental income was not covered nor was the diminution in value since he lost one potential sale of the house. Furthermore, there is a question whether the damage to the old home was due to the tree or to soil subsidence and settlement. Lastly, the elderly man did the repairs himself, or by paying laborers cash to help him. The obstacles to settlement were (1) the elderly man represented himself although he had an attorney and a separate paralegal in the background who did not understand the insurance policy and coverage, (2) the claims adjustor was not given an opportunity to conduct inspections of the tree and the home in a timely manner and (3) the elderly man had copies of checks and credit card statements, but not other proof. The case settled at mediation for.

Plaintiffs allege that their 87 y.o. father was neglected due to elder abuse and his wrongful death at the assisted living facility was due to untreated pressure sores.T he assisted living facility where he lived for almost 5 years alleges that his health declined rapidly after a stroke and due to co-morbidities, and the pressure sores were developed in the hospital, not the assisted living facility. He passed away within days of leaving the hospital. Moreover, the death certificate didn't list pressure sores as a cause of death.

Handled the claim against a private museum when an elementary school student suffered a partial finger amputation due to his curiosity with an interactive exhibit. There were stanchions and signage for adults, but not meant for children.

Handled the wrongful death action of the baby of a young father/gang member who was shot during a party at an Airbnb home in Oakland.

Mediated the trip and fall of a 91-year-old woman in a supermarket with disputed liability involving a femur fracture and surgery.

Mediated the claim of a female plaintiff who jumped out of a limousine stuck on the train tracks as a wine country train came barreling towards the limousine. Apportionment amongst the four defendants was key, with an MSJ pending. The case had been mediated with another mediator for two full days without any offer.

Mediated a case involving a traumatic brain injury of a young man working in the parking lot of Fort Mason after an event due to inadequate lighting.

Handled case involving traumatic brain injury arising from a construction worker doing work inside of a dental office who stepped outside onto the deck for a break. The deck collapsed due to dry rot.

Handled toxic tort case caused by scrap yard’s hydraulic oil line of its crane that ruptured, causing oil to spray onto the next-door neighbor marble store’s marble inventory held in its outside yard. In addition to monetary damages, the marble owner sought injunctive relief requiring the scrap yard to cease operating its scrap loader near the fence line.

Mediation involving a dance club in Oakland. Plaintiff was a female patron at the dance club. Patrons nearby started fighting behind her. She was struck on the head by the butt of a glass beer bottle. Plaintiff suffered a serious injury to her eye, facial scarring and PTSD.

Handled case brought by a retired judge who tripped and fell on her way to volunteer at the League of Women Voters. She suffered a severe wrist injury, that necessitated surgery with an exterior rod.

Handled case involving the trampling of a concert goer due to the lack of security at the venue for Kanye West’s concert, on the day he dropped his first album. Defendants included concert promoter, security company and venue.

Mediated case of a customer at a retail store. As the customer was paying for her items, a heavy plexiglass Covid barrier with metal edging which divided the customer from the cashier fell hard onto her. Plaintiff claimed TBI, concussion and intractable headaches.

Mediated a case involving homeowner’s insurance under a reservation of rights. Two couples whose husbands were old military buddies got together for dinner in one of their homes. The parties all engaged in sexual acts with one another that night. One couple filed this lawsuit for defamation after the other couple claimed they were raped and then contacted the employers of the other couple to report their rape.

Mediated case for plaintiff, a professional personal trainer, who suffered a head injury when a cable broke on a machine at the gym, causing mild TBI, concussion and daily headaches. The gym failed to save the gym equipment.

Mediated a case for plaintiff who went to a supermarket to buy a gallon of milk and then slipped on a puddle of water. She suffered an ankle fracture requiring surgery.

Handled a case where a contractor left a tarp spread out on the floor in a front entry of a home. Plaintiff tripped on that tarp while coming downstairs in her home. She suffered a bad wrist injury which required surgery.

Handled significant second-degree burn caused from extra hot coffee spilled down the chest of a 5-year-old girl. Her mother was paying with her credit card at the cash register at a book store’s café. The barista moved the coffee cup over the counter to the mother without first properly securing the lid. The hot coffee left scarring and hyperpigmentation on the Asian girl’s chest. The IME doctor who was the head of the hospital’s burn unit found areas of numbness in the healing burn area over one year later.

A 91-year-old plaintiff’s trip and fall in a supermarket with disputed liability resulting in a proximal femur fracture requiring surgery for $350,000.