Retiree vs. State
A settlement in the amount of $8.257 million for a aerospace engineer and retired Colonel whose vehicle was struck when an uninsured motorist crossed over the unguarded median and hit his car at high speed head on in 2002 on State Route 1 in Monterey California. An action was brought against the State for the absence of a K-rail, Jersey concrete, or other median barrier and our investigation of city, county, and Federal records and our discovery of State records revealed prior accidents and that the need for a median barrier was warranted but the State had failed to act to correct this unsafe condition. Our client sustained fractures of his skull, facial bones, radius, ulna, and kneecap and a head injury which resulted in limited speech and left him wheelchair dependent for mobility. His wife, 60, suffered fractures to her left femur, right knee, and right wrist. The State contended it acted reasonably and that the sole cause of the accident was the negligence of the uninsured crossover driver.
Pierson v. Ford Motor Company
On August 4, 2011, a federal appeals court issued a decision upholding a $18.3 million jury verdict against Ford Motor Company in favor of Dax Pierson. The verdict was obtained in May 2009 by Daniel Dell'Osso of The Brandi Law Firm along with Kevin Quinn of San Diego and James Doyal of Houston, Texas following a three-week trial before the Honorable Phyllis Hamilton in the U.S. District Court in San Francisco.
Hutchinson vs. State of California
On July 18, 2011 a Solano County jury awarded a total of $29,277,391.12 in an action against the State of California for absence of a median barrier and against Nicola Bucci for negligently passing another vehicle and striking plaintiffs' oncoming vehicle head on SR 12 between Suisun and Rio Vis to on November 17, 2006. Thomas Brandi was lead counsel for the plaintiffs.
Estrada vs. Property Owner
Estrada was a San Francisco Firefighter seriously injured when a parapet collapsed on him while fighting a fire at defendants' warehouse. Estrada defeated a Summary Judgment based on the firefighter's rule and the case settled for the remaining policy limits of $981,900.
In re Horse Lessons
1 million policy limits settlement for the wrongful death of a 5 year old girl thrown from a horse during lessons on October 9, 2008. Plaintiffs established the horse was a four year old inexperienced, horse who had thrown others and none of that information was disclosed to the family who had also signed a release of liability for the facility.
Doe confidential settlement
$1,675,000 settlement for wrongful death of 71 year old wife and personal injuries to surviving husband when their vehicle was struck by a car.
Henderson vs. State
$1,850,000 settlement vs. State and driver of vehicle that struck and killed 16 year old bicyclist driving her bike in a crosswalk on SR 132 in Waterford, CA. Plaintiff contended the intersection was unsafe due to lack of signal and other devices and the driver was driving improperly.
$1.3 million settlement for woman seriously injured when taxi cab in which she was a passenger collided with a van driven by an employee of three companies.
Pedestrian v. Doe Bus Company and Doe Bus Driver
$2,000,000 settlement involving plaintiff, 64, retired, who was legally blind and accompanied by a service dog, who was struck in a crosswalk by a private bus in San Francisco, sustaining a comminuted left lateral tibial plateau fracture and permanent loss of taste and smell.
$2,250,000 for pedestrian Jose Prado
Jose Prado who was hit by a vehicle operated by S. Gilbert on January 1, 2006 while crossing Mission Street in Daly City Ca, resulting in traumatic brain injuries.
Doellstedt v. State
$5 million settlement from State of California for serious injuries to Daniel Doellstedt and wrongful death of Daniel Weinstein on September 24, 2006 on westbound I-580 in Contra Costa county when a westbound vehicle struck their eastbound bikes on the shoulder of the west bound lane. Doellstedt and Weinstein had ridden on the shoulder eastbound toward Point Molate and were returning on the shoulder on the west bound lanes when debris on the shoulder forced them to turn around, re trace their steps and ride against traffic on I-580. Plaintiffs contended the State should have provided barrier protection for bicyclists allowed to travel on high speed freeway shoulder on bridge approach.
Doe Pedestrian v. Doe Bus Company and Doe Bus Driver
$2,000,000 settlement involving plaintiff, 64, retired, who was legally blind and accompanied by a service dog, who was struck in a crosswalk by a private bus in San Francisco, sustaining a comminuted left lateral tibial plateau fracture and permanent loss of taste and smell.
Doe Passenger v. Doe Taxi Cab and Cab Driver and Doe Employers and Employee
$1.3 million settlement for woman seriously injured when taxi cab in which she was a passenger collided with a van driven by an employee of three companies.
Tryon v. Evans
$650,000 settlement for 89-year-old woman who was involved in a motor vehicle accident breaking her legs and sternum and dislocating shoulder.
In re Helicopter Crash Near Weaverville, California
8/5/08- Confidential settlement on behalf of two families of firefighters killed in a helicopter crash.
Doe v. Doe
Confidential settlement on behalf of family of student killed in an airplane crash during flight school training.
Gabrielli v. Ritelli
settlement on behalf of woman injured by drunk driver.
San Francisco Bus Accident - Golden Gate Transit
Judy O'Connor, a 63 year old retired psychiatric nurse, was struck and dragged by a left turning Golden Gate Transit Bus at 8th and Howard Streets in San Francisco. O'Connor contended that she was lawfully in the crosswalk but the bus driver and the investigating police officer claimed that she entered illegally on the Don't Walk sign. Using the skills of an expert biomechanist we were able to demonstrate that she was visible inside the crosswalk for a significant amount of time before being struck. She sustained a left temporal lobe brain contusion and post-concussive syndrome. Ten years earlier, she suffered a brain aneurysm. The defense contended that her closed head injury symptoms were the result of the prior aneurysm and not related to the bus accident. Our San Francisco injury lawyers recovered a $751,000 settlement.
San Francisco Muni Bus Accident
$650,000 settlement for Gerry Zalkovsky, 63, an asset manager for an international property management company who was struck by a right turning Muni bus at the signalized intersection of California and Sansome Streets in San Francisco. Muni (CCSF) and the bus driver contended that Zalkovsky entered the crosswalk illegally and while rushing to beat the light, jaywalked at the intersection just prior to impact. Zalkovsky contended that she was legally in the intersection and veered out of the way to avoid the bus. An internal Muni bus video showed Zalkovsky out of the crosswalk just before being struck. Zalkovsky suffered a fractured skull and lacerations and post-concussive syndrome. She returned to work where she was employed until her retirement.
$15.2 million verdict for a brain injured teenager due to defective road.
$2,200,000 settlement for a fireman who received multiple orthopedic injuries and a closed head injury due to a defectively manufactured and designed drive shaft.
$2,500,000 settlement for baby brain injured at birth due to a failure to deliver the infant in a timely fashion.
$1,000,000 settlement for child born with cerebral palsy after his mother was overdosed with magnesium sulfate during delivery.
Doe v. Doe Nursing Home
$750,000 settlement prior to trial on behalf of family in an elder abuse and wrongful death action against a nursing home.
Doe v. Doe Nursing Home
$500,000 settlement prior to trial on behalf of family in an elder abuse and wrongful death action against a nursing home.
Car Accident - Fresno California
During jury selection in Fresno County, a settlement was reached on behalf of Ryan Kam, a 37 year old graphic designer who suffered a second metacarpal fracture, a laceration of his hand and tear of the scapholunate ligament in his wrist as well as fractures to his tibia and fibula when a northbound car on I-5 near Fresno, crossed over the median and struck the vehicle in which he was a passenger, head on. He will likely have arthritis and require future surgery on his wrist and ankle. A competitive paddler with the San Francisco Outrigger Canoe Club, Ryan had to curtail his active lifestyle.
Truck Accident in Fresno County, California $2,650,000 Settlement
Waldemar Chochorowski was a 39 year old Polish citizen working as a Chicago based long haul truck driver. He was seriously injured in Hollister at the intersection of SR 156 and San Felipe Road in San Benito County when he was struck by a left-turning truck that we were able to prove ran the red light at the intersection. The massive force ejected him from the cab of his truck requiring him to be air lifted to Stanford Hospital, where he was treated for his life threatening injuries. He had pelvic fractures and a gastric perforation requiring multiple surgeries. Our Northern California Personal Injury Lawyers recovered a settlement for $2.65 million which was the available policy limits.
Aviation Accident - Defective Fuel System
A confidential settlement was reached on behalf of Bill Hobbs and his wife Kathleen Evans who were injured in the crash of their Mooney aircraft in Nevada. Hobbs purchased the aircraft sight unseen from a Florida seller after having it inspected by a Florida aviation mechanical inspection company three months earlier. Hobbs contended that the mechanic failed to notify him of defects in the fuel system, which lead to an engine failure. The defense contended that the sole cause of the accident was pilot error. Hobbs and his wife suffered various fractures including those of the pelvis, tibia, and fibula. A settlement agreement was reached during trial.
$5.3 million settlement for a waitress who suffered a broken ankle and developed Complex Regional Pain Syndrome after being struck by a piece of lumber on a construction site.
$2,200,000 settlement for a fireman who received multiple orthopedic injuries and a closed head injury due to a defectively manufactured and designed drive shaft.
$1,000,000 settlement for an elderly man who sustained knee and rib fractures and internal injuries after being struck by a bus while in the crosswalk.
Doe Parents v. Camp Facility (Marin County)
$3.7 million settlement for death of six-year-old girl who drowned due to negligence of camp staff.
Khouja v. Showplace
policy limits settlement of $1,030,000 for wrongful death of infant due to improperly maintained brakes.
Spinal Injury, Nevada
Confidential settlement on behalf of a 33 year old male in Nevada who fractured his spine at C-6, becoming an incomplete quadriplegic, in a single vehicle rollover accident. The man, who had recently been laid off from his job as a sheet metal worker, was driving on Southbound US6 39 miles north of Tonopah, Nevada in order to apply for a new job when his 2003 Mitsubishi Galant was forced off the road by a tractor-trailer and rolled over. As a result, the driver's seat collapsed inward and down, crushing his spine and causing his quadriplegia. The other passengers in the car were uninjured. We were able to establish that the car was not crashworthy and that its defective design caused this man's injuries.
SUV Roll Over, Brain Injury
Confidential settlement on behalf of an 18 year old mother of one who received serious injuries in a single car rollover accident. The young woman was driving her 1999 Chevrolet Blazer, 4 x4 northbound on Highway 5 just south of the Oregon border on her way to visit her mother. For an unknown reason, her car drifted toward the paved shoulder and when she attempted to re-enter the traveled portion of the roadway, the Blazer rolled 4-5 times before coming to rest. She sustained a fracture of C3 and C4 which required surgery and resulted in spastic left hemiparesis, as well as fractures of her femur, humerus, and heel. She also had significant brain swelling and a traumatic brain injury (TBI) which have left her with permanent cognitive deficits and an inability to fully care for herself and her child or maintain employment. We established that the Blazer, which has one of the lowest possible ratings in terms of stability and rollover resistance, would not have gone out of control except for its known handling and stability problems.
Auto Defect, California $5,000,000 Settlement
Our California car defect lawyers mediated a $5,000,000 for a 35 year old musician against a rental company after the 15 passenger van in which he was a passenger careened off the highway, spun, and rolled over during a snowstorm in Iowa. The bench seat of the van separated from the floor, crushing the plaintiff's head into the roof resulting in a C5 burst fracture, spinal surgery, and rendering him a quadriplegic. We were able to demonstrate that the rental company failed to confirm that the bench seat was bolted to the floor prior to renting the van and failed to provide safety information and safe handling instructions to renters.
San Francisco Tow Truck Accident - $7,100,000
$7.1 million settlement after jury selection, for the surviving parents of three children ages 11, 17, and 20 who were killed while going southbound on State Route 280 in San Francisco when they were struck by a northbound tow truck. The tow truck which was going northbound on Alemany swerved to avoid another northbound vehicle sending it out of control to its left. At this location, there is a three level roadway with northbound Alemany being the highest and northbound 280 the lowest. On northbound Alemany Boulevard the roadway had a curb three feet from a guardrail in which someone planted Cotoneasters, a thickly rooted plant. The tow truck was lifted upward from the curb onto the top of the thickly rooted plant and over the guardrail, down 30 feet to northbound 280 where it rolled over three lanes of travel and fell 20 feet onto Southbound 280 landing on top of and crushing the Tran vehicle. The family sued the tow truck driver, the swerving vehicle, the City and the State. The State and the City each denied responsibility for the planting of the Cotoneasters. Both entities maintained the area. Our investigation revealed that the six inch curb and the Cotoneasters served as a ramp for the tow truck to go over the guardrail onto the highway below. Further investigation found historical studies that showed that the public entities were aware of the vaulting potential of the curb and the plants. All parties contributed to the settlement with the majority coming from the public entities. As part of the settlement, the State placed a Jersey type concrete barrier and removed the Cotoneasters.
San Luis Obispo Wrongful Death. $2,300,000 Verdict
Our San Francisco negligent death lawyers recovered a $2.3 million verdict in San Luis Obispo County for the wrongful death of Juvencio Garcia, a Mexican national, brought by his two children against Santa Maria Tire for the negligent installation of two new tires. This solo vehicle accident occurred in a heavy rainstorm on December 14, 2002 when the Garcia vehicle hydroplaned, went off the road to its right, overturned onto its roof, and landed on the A pillar above the driver, causing Mr. Garcia's death. Mr. Garcia's wife, sister in law, and children, who were present in the car sustained no serious injuries. Actions were brought for failure to have a guardrail at the site and inadequate drainage of the roadway against the State of California the contractor who was working on the roadway at the time, and the auto manufacturer for defective roof design. Those defendants settled prior to trial. Our investigation showed that the standard in the tire industry when replacing two tires only is to place the two best tread tires in the rear to avoid hydroplaning. At trial, we utilized video from Michelin and tire experts to demonstrate this. (insert video) Santa Maria Tire contended that the settling defendants and Mr. Garcia were responsible for this accident. No fault was ultimately found on the part of Mr. Garcia.
Eureka, California SUV Rollover
Confidential settlement for wife and adult children of Tony DelGrande, an over 30 year high school teacher in the Eureka school system who was killed when his SUV drifted off southbound 101 onto the shoulder. When he turned to the left back onto the road, the SUV rolled over several times resulting in his death and his wife's serious fractures. At the time, Mr. DelGrande was wearing a seat belt extender that was installed by the dealer which failed to provide adequate restraint. Judy DelGrande, the surviving widow, was a medical office manager prior to her injuries. She had fractures of her tibia, fibula, arm, and faces future knee replacement surgery.
Some of our wrongful death cases include:
Evans v. San Francisco Housing Authority, San Francisco Superior Court
$15 million verdict for wrongful death of 44-year-old woman and 4 children ages 6, 4, 3, and 7 months, in a fire due to inadequate maintenance in public housing unit in San Francisco.
Parents v. Camp Facility (Marin County)
$3.7 million for parents of 6-year-old girl who drowned due to negligence of camp staff.
In re Alaska Airlines Flight 261 (San Francisco)
The elderly parents of an adult daughter who was killed when a defective bolt failed on a commercial flight, causing it to crash, received a $3,000,000 settlement.
Bauer v. State of California (Solano County)
Settlement of $1,825,000 due to injury due to a gravel median on Highway 780.
Tang v. Co.
$1.4 million for wrongful death of 34-year old pharmacist who was killed while operating a defective backhoe in his yard.
Khouja v. Showplace
policy limits settlement of $1,030,000 for wrongful death of infant due to defective brakes.
Walker v. Intermac (San Francisco County)
Settlement of $1,000,000 for death of autistic 21-year-old son trapped by furniture making machinery.
Sherman v. Avco Lycoming, United States District Court, San Jose
$1 million verdict for husband and adult children of 64-year-old woman killed in a small plane crash due to defective engine crankcase.
Dubroff v. Reid
San Mateo Superior Court, settlement for wrongful death of Jessica Dubroff, age 7, who was killed while attempting to become youngest person to pilot an aircraft across the United States (see also companion case below, Dubroff v. Reid, regarding insurance proceeds).






