Client was riding his motorcycle when a woman, intending to turn left, drove her vehicle in front of him. Client laid down his motorcycle to avoid impact and fractured his wrist. Client underwent two unsuccessful surgeries and ultimately had a wrist fusion surgery.
Our client is a developmentally disabled man who was legally crossing the street in a crosswalk with a green light when a Santa Barbara City employee in a city vehicle clipped him and caused him to fall backward and fall, fracturing his hip.
∗ Selected cases listed. Every case is different. Past case results are not a guarantee, and similar results may not be obtained in your case.
Client was riding his motorcycle when a woman, intending to turn left, drove her vehicle in front of him. Client laid down his motorcycle to avoid impact and fractured his wrist. Client underwent two unsuccessful surgeries and ultimately had a wrist fusion surgery. Woman driving the car yelled at client at the scene while he was on the ground that the accident was his fault and he would not get a penny from her.
Our client is a developmentally disabled man who was legally crossing the street in a crosswalk with a green light when a Santa Barbara City employee in a city vehicle clipped him and caused him to fall backward and fall, fracturing his hip.
INJURIES: Hip fracture, gluteal nerve injury; left clavicle fracture; aggravation of preexisting left acromioclavicular joint and rotator cuff impingement, contracture, and limited range of motion of left shoulder; left elbow injury.
A 65-year-old woman was exiting a big-box store and fell when her shoe got stuck in an expansion joint. Defendant refused to provide the construction plans so we obtained the approved plans from the city, located the architect who drew the plans, and proved that the expansion joint was not safe because it was too wide and not built in conformance with the approved plans.
INJURIES: Left wrist fracture.
Due to the nature of our client’s injury, the insurance company did not dispute his claim. We were able to settle this case quickly.
INJURIES: Client developed Peyronie’s disease, which required surgery to correct.
INJURIES: Burst fracture L1, arm fracture distal radial, nasal fracture
Homeowner removed guard from electric grinder. Client was not wearing required eye protection. Lawsuit against homeowner.
INJURIES: Orbital fractures, blindness right eye
INJURIES: Minor shoulder and elbow surgery in man with kidney disease leading to kidney failure
A woman in her 60s was a pedestrian in a crosswalk, crossing the street with a green light when a vehicle turned left onto the street. The driver of the vehicle saw the pedestrian and applied her brakes but did hit the pedestrian, knocking her to the ground and causing her to fracture her hip. Although our client had the right of way, the defense argued that the pedestrian was partially at fault because she was not paying attention to traffic.
The at-fault driver’s insurance offered the auto policy limit of $250,000.00. NordstrandBlack PC rejected the offer and settled the case at mediation for $700,000.00.
INJURIES: Hip fracture, knee pain
Big Rig Truck ran through intersection colliding with elderly couple’s vehicle.
INJURIES: 86 year old man, Post-Concussion Syndrome, head injury caused acceleration of preexisting, mild dementia 80 year old woman suffered loss of consortium and shoulder impingement.
Defective wall heater caused Carbon Monoxide Poisoning. Lawsuit against property management company and property owner for failure to clean heater as required in lease agreement.
INJURIES: Memory Loss- cognitive impairment
Bicycle in bike lane struck by pick-up truck.
INJURIES: Non displaced tibia plateau fracture, Acetabular Tear. No surgery
Elderly driver accidentally stepped on gas pedal instead of brake and ran over client in a parking lot. Claim of negligence against driver and negligent design by property owner.
INJURIES: Hip and leg fractures/Shoulder injury- tear to rotator cuff tendon
Client riding bicycle struck by pick-up truck turning left.
INJURIES: Fractured left leg
Motorcycle parked perpendicular to traffic sideswiped by automobile.
INJURIES: Fractured hip, no surgery
A six-foot-two-inch, 210-pound, 62-year-old man took his elderly mother to the hospital. While he was filling out paperwork on her behalf, the chair he was sitting in collapsed underneath him. As he fell, he hit his knee, tore his shoulder, and twisted his back. He required three separate surgeries to each injured body part.
NordstrandBlack PC discovered that the hospital never inspected these chairs even though there was a label on the bottom of the chair stating that the chairs should be inspected. We also learned that at least 60 chairs had broken before the one that broke when our client was injured. The chair manufacturer and the hospital settled at mediation.
INJURIES: Torn rotator cuff, torn meniscus in knee, neck injury, back injury.
A 70-year-old woman was walking in a shopping center parking lot when an elderly driver softly hit her with his car while stopping the vehicle, causing her to fall and fracture her hip. The driver denied that his vehicle contacted our client.
NordstrandBlack PC was able to settle the case for the driver’s insurance policy limit of $100,000.00 and demanded our client’s UIM insurance pay the excess in damages. The UIM carrier offered only an additional $25,000.00. NordstrandBlack PC filed a lawsuit alleging bad faith and breach of contract and eventually settled with our client’s UIM insurance carrier at mediation for an additional $275,785.00.
INJURIES: Hip fracture.
85 year old client crossing street in unmarked sidewalk at intersection struck by auto turning left.
INJURIES: Knee fracture/shoulder rotator cuff injury
Kaiser negligently misread an MRI report and failed to timely diagnose and treat the deceased's pancreatic cancer.
INJURIES: Death due to pancreatic cancer
Our 80-year-old client exited a store and tripped over a wheel stop, located just outside the exit of the store. The pedestrian claimed that she did not see the wheel stop due to its unexpected placement abutting the painted white line of the parking stall. The defense argued that our client was not paying attention to where she was walking when she fell and that the wheel stop was open and obvious. Our expert referenced industry standards for wheel-stop placement and referenced that distracting nature of a busy parking lot to support our client’s reasonable actions.
Initial settlement offer was $40,000.00. The case settled for $317,000,00.
INJURIES: Hip fracture, wrist injury.
Claim against landlord who allowed dangerous dog to live on property. 61 year old client had complained to landlord about neighbor’s dangerous dog. Dog attacked client.
INJURIES: Scarring on left leg and emotional injuries.
Client claimed her light was green as she drove through an intersection, and another vehicle turned left and struck the front of her car. Defendant claimed client was at fault for driving too fast, disputed the nature and extent of injuries, and claimed her injuries preexisted before this accident.
INJURIES: Cervical and thoracic strain, L-5 S-1 annular tear, hip and back pain.
INJURIES: Tear to ligaments in dominant right hand; cervical, thoracic, and lumbar strain and myofascitis.
Elderly Client / Grocery store trip and fall over corner of wooden pallet protruding from display.
INJURIES: Hip Fracture
A woman in her 60s was driving down a residential street when a vehicle parked on the right suddenly pulled away from the curb and crashed into her vehicle. We settled with the at-fault driver for their $15,000.00 policy limit and then pursued our client’s UIM policy. The UIM insurance initially offered an additional $55,000.00. The case settled for the policy limit of an additional $285,000.00.
INJURIES: Lower back injury, neck injury.
Our client was trespassing on private property, riding his dirt bike next to railroad tracks when his foot was caught by a guy anchor cable which was mistakenly not taken out after pole removal work was performed. NordstrandBlack PC filed a lawsuit against the railroad company for the unsafe condition of their property and the sub-contractors who negligently left the anchor wire behind when they removed the poles. The railroad company and sub-contractors claimed they were not responsible because our client was trespassing and they therefor had recreational immunity. NordstrandBlack PC claimed that the railroad had knowledge that people used the private property and had a duty to keep it safe and that our client was using the property for transit, not recreation. The case settled following mediation for $250,000.00.
INJURIES: Open reduction internal fixation of left foot to repair calcaneus anterior process fracture, lateral malleolus fracture, 5th metatarsal base fracture, rupture of peroneus brevis tendon, and rupture of calcaneofibular ligament.
Pedestrian hit by vehicle.
INJURIES: Both legs broken
October 2020, Plaintiff, a 19-year-old female UCSB student, was a passenger in a Jeep stopped at a red light at a four-way intersection in Goleta, California. Defendant, traveling in the opposite direction, ran the red light colliding with a vehicle in the intersection, hitting the front-end of the Jeep. Plaintiff’s airbag deployed; She was jolted in her seat, and her head struck the airbag. The property damage to the Jeep was over $13,000.
INJURIES: Plaintiff suffered initial neck, back, and knee pain, concussion without loss of consciousness, exacerbation of previous migraine headaches, mild TBI, PTSD causing adjustment disorder with anxiety. Continued memory issues, inattentiveness, difficulty sleeping, difficulty kneeling and sitting, and anxiety.
Woman with preexisting knee and back pain walking in parking lot fell 3 feet into improperly guarded loading ramp.
INJURIES: Knee Arthroscopic surgery/Back Pain
Client struck from the rear while waiting at a stop light. Insurance company offered $20,000.00 to settle.
INJURIES: Thoracic Spine bulging disc touching spinal cord.
Man in late 70’s was dining at a hotel, seated at a table on an outside patio adjacent to a pony wall with a metal railing. There was a heater placed behind his seat. Due to the configuration of the table and surroundings, as he arose from the table he lost his balance and fell, striking the top of his head on the railing. He required 13 stiches.
DAMAGES: Past medical expenses totaling $7,500, scar on top of head. Plaintiff, an author, claimed that he was unable to continue writing due to a brain injury. The defense claimed that client had multiple medical conditions and underwent multiple treatments in the three years following the fall that could have caused his inability to author as he did previous to the fall.
80 year old woman’s vehicle struck from behind at low speed.
INJURIES: Back Injury
Our client was in a big-box store when he slipped and fell in liquid from broken beer bottles. Store employees were aware of the spill for 3-5 minutes before attending to it. The store denied liability but settled the case for $181,250.00.
INJURIES: Back injury with injections.
Our client was rear-ended while stopped at an intersection. The at-fault driver’s insurance company initially offered $15,000.00. After filing a lawsuit, NordstrandBlack PC settled this case for $150,000.00.
INJURIES: Back injury, neck injury, headaches.
INJURIES: Arm fracture
Several push carts were parked on a sidewalk in front of a scuba shop. These carts took up at least 25% of the sidewalk. One of the carts was dangerous because there was a sharp cotter pin protruding from one of the wheels. The injury happened when a young man was walking with his friends on a crowded sidewalk and brushed against the exposed cotter pin as he tried to allow people to walk by him. The cotter pain made a 2- to 3-inch-deep laceration on the calf of his leg, which, when stitched, left a scar.
NordstrandBlack PC discovered that the carts were used by three shops, all of which denied ownership of the cart that caused our client’s injury. We were able to prove that both shops used the dangerous carts and knowingly allowed the dangerous carts in front of their premises.
INJURIES: 2- to 3-inch laceration on leg/laser scar removal treatment
Two years after suffering a rear-end collision, our client’s medical bills came to $16,000.00. The at-fault driver’s insurance company offered the client $18,000.00 to settle and denied the client’s claim that she needed shoulder surgery due to the accident. NordstrandBlack PC took the case, and six months later, settled it for $125,000.00.
INJURIES: Torn rotator cuff. Client underwent surgery two years after the accident; temporary neck and back complaints.
Client in motorized wheelchair struck on sidewalk as he passed by exit to parking lot by auto leaving parking lot. Case against property owner for failing to properly maintain the landscaping so driver could readily see pedestrians on the sidewalk.
INJURIES: Elbow fracture
Our 73-year-old client was visiting a relative in Kansas. There was snow on the ground, and she was wearing tennis shoes. As she exited the front entrance of a hotel, our client slipped on a thin layer of black ice that had formed on the surface of the walkway leading into the hotel entrance earlier that evening. NordstrandBlack PC brought in a safety and engineering expert who determined that the area was an unsafe condition for pedestrian travel and presented a substantial slip hazard at the time of her fall. When the insurance company denied liability, NordstrandBlack PC associated with local counsel in Kansas and filed suit. The case settled at mediation for $105,000.00.
INJURIES: Forehead laceration with nine sutures, nasal fracture which healed without treatment, left wrist fracture.
A man in his 30s was walking his dog on the sidewalk close to his home. As he passed a nearby residence, a pit bull dog charged from the front door and attacked our client and his dog. Our client was bit on the knee and knocked to the ground, landing on his shoulder. Investigation revealed that the dog had several prior attacks on other dogs in two different cities. The absentee homeowner/landlord claimed that dogs were not allowed on his property and he had no notice or knowledge that a dog was kept on the property and so he was not responsible. The owner of the dog claimed that it was the injured man who provoked the dog to attack him.
INJURIES: Left knee lacerations, puncture wounds and pain, left shoulder pain, emotional distress, and anxiety.
Bicycle struck by auto in intersection.
INJURIES: Fractured wrist
Our client was a driving for a ride-share company with passengers in his vehicle when he was rear-ended by a hit-and-run driver. The police were unable to identify the hit-and-run driver so NordstrandBlack PC compelled arbitration through the ride-share company’s uninsured motorist coverage. The defense contended that our client overtreated because he only had subjective complaints and treated with his chiropractor for almost two years. Undeterred, NordstrandBlack PC continued to pursue full justice for the client and got the case settled prior to scheduling arbitration.
INJURIES: Neck, back and knee pain.
Our clients, a 46-year-old daughter and her 70-year-old mother, were driving through a green light at an intersection when another vehicle attempted to turn left in front of them, colliding with their vehicle head-on. The insurance company for the at-fault driver discouraged our clients from hiring an attorney and attempted to settle the claim shortly after the collision for less than $10,000.00 total. NordstrandBlack got involved and settled the claims for the at-fault driver’s policy limits, $50,000.00 per person.
INJURIES: Daughter: Neck and back injury. Mother: Neck injury and wrist fracture (non-surgical).
Motorcyclist stopped at stop light struck by auto.
INJURIES: Left knee injury
Bicycle struck by automobile.
INJURIES: Broken clavicle. No surgery. Healed without incident.
An Uber driver stopped on the side of the road and the passenger exited the vehicle directly in the path of traffic and struck our client, who was riding by on his bicycle. The insurance company offered a low settlement, which NordstrandBlack PC was able to raise to $80,000.00.
Dog unleashed on beach ran straight toward client, who was recovering from knee surgery and thought the dog would run into her knee. Client moved quickly to avoid dog who did not run into her.
INJURIES: Re-injured knee
Our client was in the rear passenger seat of a vehicle driven by his friend on US 101. The driver made a last-second attempt to exit the freeway, losing control of the vehicle and colliding head-on with a tree at a high rate of speed. Our client hit his head on the back of the front passenger seat and reported cognitive issues. Following the collision, our client got minimal treatment, only seeing a dentist who noted a broken tooth. The insurance company argued that our client was not significantly injured, and they initially offered $8,500.00 to settle his case. Our client then hired NordstrandBalck, which declined the offer and was able to settle the case at mediation for $75,000.00.
$8,500.00 Initial Offer
INJURIES: Head injury with cognitive deficits, bruised and swollen lips, tongue laceration, and burns/cuts from his seat belt.
INJURIES: Lacerations, and punctures of the lower lip
While in her car, a woman was holding hot soup between her legs. She opened the lid and spilled some, burning her genitalia. Plaintiff claimed the soup was too hot. Defense denied responsibility.
Our client was riding his bicycle on the sidewalk when a vehicle turned into a parking lot in front of him, causing our client to collide with the rear passenger side of the vehicle. Our client suffered a left foot injury and incurred just under $10,000.00 in medical expenses. NordstrandBlack argued that the driver of the vehicle made an unsafe right turn and settled the case for the responsible party’s policy limit of $50,000.00.
INJURIES: Left foot injury with two fractured toes.
Our 76-year-old client went to a customer’s house to repair an appliance. As our client entered the home, the homeowner’s dog began circling our client, which caused our client to fall on his knees. The insurance company for the homeowner responded to our demand by denying liability and offered our client just over $2,000.00. NordstrandBlack filed suit and settled the claim for $40,000.00 after written discovery was exchanged.
INJURIES: Bilateral knee pain
19 year old UCSB student injured when skateboard hit uneven cement path while skateboarding at UCSB.
INJURIES: C-3 Fracture with mild displacement. Healed without incident
Woman riding horse on horse trail adjacent to road. Van came around corner too close to horse which caused horse to rear and client to fall to ground. No injury to horse.
INJURIES: Soft Tissue Back Pain
CASE NAME/NUMBER: Silva v. Gucciardi, Patrino dba Advance Investments
JUDGE: Honorable, Retired Patricia L. Collins
LENGTH OF TRIAL: Four hour binding arbitration
AWARD DATE: November 2, 2012
CLAIMANT REPRESENTED BY: Renée J. Nordstrand-Black, NordstrandBlack PC
RESPONDENTS REPRESENTED BY: Gina Weihert for State Farm Insurance Company
EXPERTS:
Claimant - Lester Zackler, M.D., neuropsychiatrist, testified, Stephen Bresnick, M.D. plastic surgeon wrote a report which was submitted.
Respondent - none
SUMMARY OF DAMAGES: Post Traumatic Stress Disorder and Adjustment Disorder caused by dog attack and mauling, experienced as depression, fear of large dogs, and withdrawal from society. Dr. Zackler testified Claimant would benefit from 6-12 months of psychotherapy (cost $7,000.00-$11,000.00) and psychiatric medication management for at least 2 years (cost $2,000.00). Claimant’s difficult upbringing made her more susceptible to the trauma and less able to cope.
Scarring, unsightly and prominent on left leg, particularly near shin, measuring 1½ inches at largest point. Puncture wound scars around knee. Report from Stephen Bresnick estimated fat injections to smooth out area (cost $3,500.00 x 2 procedures), scar revision, which would not make a huge impact (cost $2,000.00), and laser therapy with bleaching (cost $1,500.00.)
Pain and suffering: Claimant had severe pain for a total of 4 months. After the first month the wound became infected and Claimant had to go to the wound clinic weekly for 3 months for painful wound care. Due to pain Claimant couldn’t put weight on her leg for 4 months and required the use of a walker to ambulate. She had nightmares of the attack for 2 weeks and was awakened by pain in her leg at night for months.
Claimant worked as a bookkeeper for many years. She claimed $1,300.00 in lost wages when she couldn’t work due to pain from the wounds. She claimed that due to her PTSD and Adjustment Disorder she retired 10 months after the attack when she was eligible for early retirement because she needed to get away. She moved out of the State but then realized that she continued to experience anxiety and fear so she moved back to California. She testified that she intended to find another job because she needs the money. Claimant asked to be compensated for the time she took early retirement and for an additional 3 months for her to find another job.
Claimant contended that she lived at the triplex for 13 years. Two years before, a 75 pound un-neutered pitbull-mastiff dog moved in next door to her. After immediately and continuously complaining to management regarding the dangerous condition presented by the dog, Claimant was attacked by the dog on May 20, 2011 as she passed by the apartment where the dog’s owners lived to take out her trash. The dog pushed open the door and bit into her right knee. She was able to jerk her knee from the dogs mouth and he immediately bit into her calf area, braced his hind legs in a crouch and yanked on her leg for possibly 5 minutes before the dog’s owner appeared and the dog let go. Claimant was too afraid of the dog to leave her apartment until her friend forced her to go to the hospital 48 hours after the mauling.
CONTENTIONS: Respondent contended that Claimant showed signs of exaggeration of symptoms and malingering on the MMPI, that the medical treatment suggested by Claimant’s plastic surgeon was not necessary and an attempt to build up the damages and that Claimant’s claim of lost wages was not reasonable given the fact that she continued to work for 10 months after the attack.
SETTLEMENT DISCUSSIONS: Case was arbitrated pursuant to Stipulation of the parties for binding arbitration with a mini-maxi of $100,000.00 low and $300,000.00 high. Arbitrator was unaware of the mini-maxi agreement. $100,000.00 was paid after the Stipulation was signed.
RESULT: TOTAL AWARD: $439,685.66
TOTAL ECONOMIC DAMAGES: Past Economic Damages: Medical: $6,985.66, Loss of earnings: $9,865.71. Future Economic Damages: Loss of Earnings (3 months) $3,834.29, Future Medical: $19,000.00
TOTAL NON-ECONOMIC DAMAGES: $400,000.00: PAST GENERAL DAMAGES: $300,000.00. FUTURE GENERAL DAMAGES: $100,000.00.
RESULT DATE: April 30, 2012
Felicity Walker v. Burl Beveridge (1379892) 12-JV_1865
Hon. Donna Geck
Santa Barbara Superior
TOPIC: Personal Injury
SUB TOPIC: Auto v. Auto
FURTHER DESCRIPTION: Rear-End Collision
VERDICT: $219,668.00
ATTORNEY:
Plaintiff - Renée J. Nordstrand-Black (NordstrandBlack PC, Santa Barbara).
Defendant - Charles Wessler (Law Offices of Gregory J. Lucett, Glendale).
MEDICAL:
Plaintiff - Alan Moelleken, M.D., orthopedic surgery, Santa Barbara.
Defendant - Stephen Nagelberg, M.D., orthopedics, Downey.
On March 26, 2009, Felicity Walker was driving her Honda Civic when she was involved in a rear end collision. She presented to the UCSB walk in clinic a few hours following the accident. Her doctor cleared her for snowboarding the following day. She went snowboarding the next day, but could only complete two runs because she was not feeling well. She returned to the doctor two weeks later complaining of mid-back pain. She was later diagnosed with degenerative disc disease and was involved in a second accident on Nov. 10, 2011. Walker sued the driver who admitted liability but disputed the extent of the impact, claiming it was not serious. The second accident was similar to the first accident. She also claimed that the second accident exacerbated her mid back injury.
INJURIES: Eleven months later, Walker was diagnosed with a degenerative disc disease and underwent several rounds of physical therapy and received epidural injections. Defendant disputed the extent of Walker's injuries, claiming that Walker had engaged in various activities that evidenced she was not as injured as she claimed to be. Walker claimed she suffered a bulging disk, central protrusion, annular fissure, and moderate impression on the ventral aspect of the thoracic cord. Walker also claimed that it took some time for her to feel the symptoms because it took a while for the disc material to leak into her spinal canal and cause symptoms.
DAMAGES: Walker claimed $68,678.00 in past medical expenses caused by the first collision and approximately $40,000.00 caused by the second collision. She also claimed future medical expenses, including, among others, $200,000.00 for physical therapy, doctor visits and MRIs for her lifetime or until she undergoes surgery.
RESULT: The jury rendered a verdict for Walker. She was awarded $219,668.00 in total damages, which included $68,668.00 for past medical expenses, $15,000.00 for future economic damages, $36,000.00 for future economic damages, and $100,000.00 for future non-economic damages.
∗ Selected cases listed. Every case is different. Past case results are not a guarantee, and similar results may not be obtained in your case.