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Case Results

10 female employees vs. National Chicken Wings Restaurant Chain.

Result: Settlement 5.6 million dollars.

Facts: The Kitchen Manager of a nation wide chicken wings and sports bar restaurant chain engaged in numerous, unwelcome and egregious acts of sexual harassment and sexual battery of subordinate female employees at the restaurant located in Sherman Oaks, CA from the time he was first hired until the time he was terminated in January 2015. The outrageous acts consisted of dry-humping the buttock while holding onto the female employees hips, hand slapping of the buttock while the employee was bent over picking an item up, rubbing up against the buttock of a female employee with his crotch multiple time while the employee was working at her station, lingering hugs from behind, kissing of the shoulders, hand and neck of a hostess, twisting of the nipples and punching a hostess in the arm and stomach. Some of the offensive statements the Manager made to the female employees he worked with included how he fantasized about engaging in anal sex with guests of the restaurants and the female employees; how he would fuck girls so hard they would cry and their tears would not be from pain but from the pleasure he gave them; how he would allow a female employee to perform oral sex on him and at the same time he would finger them and invite female employees he worked with to watch. While this Manager was working in the kitchen with the male cooks listening, he asked a female employee if he could give her a pearl necklace. The female employee was not from the United States and did not understand the sexual innuendo that was made in the statement. The Manager encouraged her to say “yes”. When the female employee finally agreed that he could give her a “pearl necklace”, The Manager grabbed his crotch with his hand and shouted “You would not be able to handle my dessert.” All the male cooks began to laugh and the female employee became extremely embarrassed. As the case progressed, it was determined that the Regional Manager was also engaged in the same conduct as the Kitchen Manager with respect to the female managers of the Sherman Oaks restaurant. A separate lawsuit was filed against the Regional Manager and the case resolved shortly thereafter. Overall, 3 managers were terminated from their jobs due to unwanted acts of Sexual Harassment. During the discovery phase of the lawsuit, it was determined that this same Kitchen Manager had been fired from the Hard Rock Cafe for placing his hands up a female employees skirt while at work and Chili’s Restaurant for inappropriately touching a female worked he managed. The Defendant never checked the Kitchen Manager’s references he provided them when he was being considered to be hired as they were too busy expanding their restaurant chain.

Type of Case: Sexual Harassment & Retaliation for Reporting Sexual Harassment:

Result: Settlement 1 million dollars.

Facts: Plaintiff was hired in the position of Fire Watch by Transfield Services at the Phillips 66 oil refinery plant in Wilmington, CA. On her first day at work, her supervisor, Cruz Hernandez asked her out on a date, placed his hand on her leg and requested sex in exchange for hiring her onto his team. Hernandez continued to ask Plaintiff out on dates, sent her numerous text messages after work hours, drove to her residence and parked out front where she lived with her four children and husband and asked to be invited into her residence. After Hernandez concluded that Plaintiff was not going to engage in a sexual relationship with him, Hernandez requested that she be fired and he began to mistreat her while at work. After Plaintiff reported that she was being sexually harassed, she was transferred to a different oil refinery. She was fired 8 days after being transferred to the new facility. During the litigation, Melvin Felton, Esq. an associate employed by Littler Mendelson, a national and international employment defense law firm hired to defend Transfield, prepared a false declaration for the individual who fired Plaintiff in support of a motion filed with the court in an attempt to defeat Plaintiff’s lawsuit. Attorney Felton forced the witness to execute the declaration when he knew if was not true and threaten that if she did not execute the declaration, her job would be in jeopardy. Reluctantly, the witness executed the declaration and 3 days later she was fired. The witness than prepared a 7 page declaration setting forth what the truth was and asserted that the attorney would not allow her to tell the truth in her declaration. The court during the hearing on the defendant’s motion lambasted attorney Felton and the law firm Littler Mendelson for his conduct. The judge warned the defense attorney that if they were to call attorney Felton at the time of trial to discuss the differences in the two declarations filed by the same person, he would have no option but to admonish attorney Felton of his Miranda rights against self-incrimination. The case settled one week later for 1 million dollars. The last offer made at an all day mediation was in the sum of $30,000.

Type of Case: Sexual Harassment

Result: Confidential Amount in the High Six Figures:

Facts: Plaintiff was required to masterbate her boss, the owner of a construction company for 18 years. The acts of Sexual Harassment all ocurred at work in the early morning after the work crew left for the job sites. The Defendant also would squeeze Plaintiffs breasts and buttocks and he would send her pronographic videos on his computer. The defendant attempted to give Plaintiff a dildo at work and she refused. The defendant attempted to give her bras with the nipple area cut and and instructed her to wear them at work and she refused. Plaintiff’s boss told her that he thinks about her when he is masturbating in the shower at home. Plaintiff’s boss would call her into his office and have her look at proposals on his computer screen and change the screen to show her pornographic videos which were running on another screen. The defendant instructed Plaintiff to wear low cut tops at work so he could look down her shirt to see her breasts. One day after arriving at work, Plaintiff found on top of her desk wadded up crusty tissue, a bottle of lotion and a pornographic magazine. She confronted her boss about what she found and his response was, “sorry, I was thinking of you when I was masturbating at your desk and and I forgot to clean it up”. One day, someone left a series of photographs on Plaintiff’s desk showing the Defendant masturbating while wearing crotchless female g-string underwear.

Type of case: Sexual Harassment

John Doe vs. John Doe

Result: Confidential Settlement:

Facts: The defendant groped Plaintiff’s breasts and buttock multiple times at work despite Plaintiff’s objections and complaints to the owner of the company. The defendant was terminated and defendant’s employer agreed to resolve the matter for a confidential amount.

Type of case: Medical Malpractice

John Doe vs. El Centro Regional Medical Center

Result: 5.1 million dollar structured settlement:
(Approximate lifetime payout: 24 million dollars.)

Facts: In 2009, 14 year old male fell off his bike and struck his head on the pavement. His mother took him to the emergency department at El Centro Regional Medical Center. The plaintiff was falling asleep at the intake counter. Plaintiff’s mother told the intake employee that her son needed to be examined by a doctor right away as his condition was getting worse. The hospital employee told the plaintiff to wait to be called as there were 14 people ahead of him. While in the waiting room plaintiff’s condition became worse. Plaintiff’s mother attempted to locate a hospital employee to get her son help but no one was present. The parents decided to leave the hospital and drive to the next hospital in Brawley. By the time Plaintiff arrived at the second hospital, Plaintiff was unconscious and he was displaying decorticate posturing. A CT Scan revealed that Plaintiff suffered a epidural hemorrhage which caused his brain to shift 2 cm to the right resulting in his brain stem being damaged. Plaintiff suffered permanent brain damage resulting in the inability to swallow, speak, walk and move his left arm and leg. Liability, causation and damages were disputed. Plaintiff’s contention was that the hospital fell below the standard of care by failing to have Plaintiff triaged right away after he presented to the E.R. After taking depositions of hospital employees, the hospital settled the matter.

Type of case: Motorcycle/Wrongful Death

Estate of John Doe v. Johnson

Result: Judgment 1.2 million dollars

Facts: Defendant was late for work and intentionally ran a red light at an intersection and turned into decedent as he was riding through the intersection on his motorcycle killing him.

Type of case: Product Liability/Strict Liability

Jane Doe v. Tops Restaurant

Result: $145,000 trial verdict

Facts: Plaintiff purchased a club sandwich which was held together by 4 toothpicks. Plaintiff swallowed part of a broken off piece of toothpick. The toothpick perforated her intestine resulting in the development of a severe infection.

Type of case: Negligence/Premises Liability

John Doe v. Home Depot

Result: Confidential Settlement in the high six figures

Facts: While plaintiff was in the lumbar department, looking at wood stored on the floor, four 4x4x12 redwood boards fell from above and struck him in the head resulting in the loss of vision in his lower left field.

Type of case: Promissory Fraud/Business Litigation

Jane Doe v. Harris

Result: Jury verdict: $615,000-compensatory damages/$125,000 punitive damages

Facts: Plaintiff and defendant were business partners and owned a storage facility together. They entered into a promissory note wherein the defendant was to pay plaintiff $17,000 after 5 years in exchange for transfer of plaintiff’s ownership interest to defendant. When the 5 years past, Defendant refused to pay and claimed the storage facility was full of construction defects. The compensatory award was based on loss of future profits. The punitive damage award was based on Defendants admission that he had no intention to pay the $17,000 when he executed the promissory note.

Type of case: Low speed rear-end automobile accident/Negligence

John Doe v. Walsh

Result: $35,000 jury verdict

Facts: Plaintiff was stopped at an intersection and was hit from behind at a slow rate of speed. The property damage was less than $300. Plaintiff sustained a torn supraspinatus muscle tendon in his shoulder.

Type of case: Automobile Negligence involving a minor

John Doe v. Slaughter

Result: $250,000. Payment of the insurance policy limits

Facts: Automobile accident involving a minor. 17 year old Plaintiff was a passenger in his friends car. The driver was under the influence of alcohol and drugs. The defendant driver went around a corner at a high rate of speed and crashed into a parked car. Plaintiff suffered a fractured femur and facial orbit resulting in surgery.

Type of case: Uninsured motorist/motor vehicle negligence

John Doe v. State Farm

Result: Payment of insurance policy limits of $100,000. Structured annuity

Facts: Plaintiff, age 4 was a rear seat passenger in his parent’s car. Defendant ran into Plaintiff’s SUV at a high rate of speed. There was 4 feet of rear end intrusion. Plaintiff suffered a subdural hemorrhage and fractured femur.

Type of case: Pedestrian v. Truck involving a minor

Jane Doe v. Williams

Result: $70,000.00. Structured settlement/Purchase of an Annuity

Facts: 13 year old Plaintiff was walking with his father behind a Best Buy. Defendant was called to pick up plaintiff and her father. The defendant turned in truck into the path of where Plaintiff was walking and accelerated striking Plaintiff’s right side resulting in a strained right knee ligament. Defendant told the police that his foot slipped off the brake and onto the accelerator. 3 weeks later defendant murdered his mother and sister. It was suspected that defendant suffered from a psychotic episode.

Type of case: Premises Liability/Trip & Fall/Negligence

Jane Doe vs. City of San Diego

Result: $300,000.00

Facts: In 2010 Plaintiff was walking in the street where she lives at night for exercise. When a car was driving up the hill, she moved over onto the sidewalk. After taking a few steps, she tripped over a piece of rebar that was protruding from a dilapidated water meter box set in the sidewalk. As a result of tripping she fractured her right and left arms. She required surgery on the displaced radial head fracture. The fracture did not heal and required a second surgery where the radial head was cut out and a prosthetic radial head was inserted. The City denied they had notice of maintaining a dangerous condition on their property. Notice of maintaining the dangerous condition was proven when a neighbor was found who tripped over the same piece or rebar 1 year before but never reported the dangerous condition. Further, it was established that the water department employee is required to open the water meter cover to read the meter every 2 months. The city employee who reads the meter where the accident occurred had actual notice of the dangerous condition and failed to have the condition corrected.

Type of case: Medical Malpractice/Federal Tort Claim Act

John Doe v. United States of America

Result: $150,000 settlement

Facts: Plaintiff was a patient at Balboa Naval Hospital for a kidney infection. A corpsman offered him a heating pad for pain relief. The corpsman applied the pad directly onto his back and never came back to remove it. A nurse removed the heating pad 4 hours later. The heating pad caused 2nd and 3rd degree burns necessitating a skin graft surgical procedure by a plastic surgeon.

Type of case: Negligence/Federal Tort Claim Act

John and Jane Doe vs. United States of America

Result: $85,000.00 settlement

Facts: In December 2008, a Marine F-18 Hornet jet crashed into the residence Plaintiffs were living at destroying all of their personal property. The USA stipulated to liability but disputed the nature and extent of the damages Plaintiff’s suffered. Specifically, the defendant contested whether Plaintiffs were entitled to recover non-economic damages for the destruction of personal property. Plaintiffs contended they were entitled to emotional distress damages as a result of the jet and resulting fire trespassing onto their property.

Type of case: 18 wheel tractor trailer vs. mini van automobile collision

Jane Doe vs. Ron and Sons Trucking Co.

Result: $650,000.00 settlement

Facts: Plaintiff’s mini van was struck by defendant’s tractor-trailer while turning on an off-ramp from the freeway in northern-California. Plaintiff sustained a disc herniation in her low back requiring multiple surgeries. Plaintiff became addicted to pain medication following the first surgery and required detoxication treatment.

Type of case: Pedestrian vs. Mountain bicycle

John Doe vs. Garcia

Result: $250,000.00

Facts: Plaintiff was walking home on a dirt trail. Defendant was riding his mountain bike down a dirt path and ran into plaintiff at a high rate of speed resulting in Plaintiff suffering a displaced tibia fracture requiring surgery.

Type of case: Disability Discrimination

John Doe v. Amber Steel Co.

Result: $225,000.00

Facts: The plaintiff lost a portion of his thumb from a work site accident. When he was released to return to work, his employer refused to allow him back on the basis that he was not able to perform the necessary job functions with his disability. Further, plaintiff’s employer retaliated against Plaintiff for filing a worker’s compensation claim. Plaintiff asserted that his employer violated California law which requires an employer to provide their employees with a known disability to engage in interactive process and provide accommodations for their employee’s disability. Defendant admitted that they did not engage at all in the interactive process and did not provide any accommodations for Plaintiff’s disability..

Type of case: Dog bite

Jane Doe vs. Willets

Result: $270,000.00

Facts: Plaintiff was asked to baby sit a neighbor’s dog while she went on vacation. While walking the dog, it jumped up and bit the Plaintiff in the face resulting in multiple scars. The defendant’s dog had previously been declared a dangerous dog as it bit at least 3 people.

Type of case: Products Liability/Strict Liability

Jane Doe vs. Heartland R.V.

Result: $125,000.00

Facts: Plaintiff purchased an R.V. from La Mesa R.V. The R.V. came with a hinged folding granite counter top. The hinges had to be pushed on where they fold in order for it to be lowered. While Plaintiff was lowering the counter top, her index finger became trapped in the folding hinge resulting in a partial amputation of her finger. At the time the RV was sold to Plaintiff, a competitor RV manufacture used levered hinges for their extendable counter top.

Type of case: Securities/Stock Broker Negligence

Jane Doe Trust v. A.G. Edwards

Result: $350,000

Facts: A.G. Edwards stock broker Dan McCallister failed to transfer funds from a individual account into a trust account before the death of the owner of the funds. The broker negligence caused a enormous federal tax liability for the estate.

Type of case: Securities/Stock Broker Negligence

John Doe Trust v. Wachovia

Result: $75,000 binding arbitration award

Facts: Wachovia broker failed to execute a sell order given by the customer resulting in a substantial loss.

Type of case: Securities/Stock Broker Negligence

John Doe Trust v. Wealth Advisors, Inc.

Result: $250,000 trial verdict

Facts: Defendant broker recommended a non-approved hedge fund investment to be purchased. The Plaintiff invested in the hedge fund. The hedge fund turned out to be a Ponzi scheme. Plaintiff lost his entire investment.

Type of case: Trucking/Negligence

Jane Doe v. Fed Express

Result: Confidential 6 figure settlement

Facts: Plaintiff was a passenger in her friends car when a Fed Express tractor-trailer big rig made a lane change into Plaintiff’s lane resulting in Plaintiff suffering a tear of a rotator cuff tendon requiring surgery.