$10 Million

Delivery Van Accident/Severe Traumatic Brain Injury

Our client was riding his bicycle in a bike lane when he moved to the left to avoid a tree branch that had been allowed to grow over and obstruct part of the bike lane. When our client moved to the left to avoid the branch, he was hit near the line dividing the bike lane and traffic lane by delivery van operated by a State of California employee. The police report placed our client at fault for veering out of bicycle lane into the roadway. Our accident reconstruction investigation proved that our client didn’t leave the bike lane and that the van driver violated Vehicle Code §21760, the Three Feet For Safety Act, by not giving our client the required safe clearance while passing his bike. The State of California paid a settlement of $10,000,000, which provided the client with financial support, home comfort and medical care for the rest of his life.

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$3.5 Million

Dangerous Condition of Public Property Severe Traumatic Brain Injury

Our client was riding his bicycle in a bike lane when he encountered a tree branch that had been allowed to grow over the bike lane and partially blocked a bicyclist’s path. Our investigation revealed that the tree that caused our client to move to the left into the zone of danger was on County of Sacramento property, was overgrown and not properly maintained, and that the County violated its own code that required that trees on public property be trimmed to provide at least 14.5 feet of clearance above all roadways. The County contributed to a settlement that provided our client with financial support, home comfort and medical care for the rest of his life.

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$1.25 Million

Product Liability – Pharmaceutical

Mr. Rosenthal secured a settlement from American Home Products, also known as “Wyeth”, in the litigation over the diet drug “Fen-Phen”, which was shown to cause pulmonary hypertension and heart valve damage in people trying to lose weight for health reasons. Evidence established that Wyeth was aware of the damage its drug could cause and obtained FDA approval and marketed to consumers without disclosing the information.

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$1.14 Million

Uninsured/Underinured Motorist - Drunk Driving Accident

Mr. Rosenthal secured a settlement for the 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. After recovering the $15,000 policy limit for the drunk driver, we pursued “underinsured motorist” coverage through our client’s parents’ auto insurance policy. Our client lived with his parents only part of the time and the insurance company hired a lawyer to fight coverage based on lack of residency in the home, but we were able to prevail and recover the $1,000,000 uninsured motorist policy limit. We also recovered an additional settlement from a landscape company that created a dangerous condition on the roadway by overwatering the median where the collision occurred.

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$1 Million

Back Surgery/Armored Vehicle T-Bone Accident

Mr. Rosenthal secured a settlement for a client who was driving down Madison Avenue when a Garda armored truck pulled out of a parking lot directly in his path, causing a t-bone collision. Our client had “chronic” back pain prior to the collision and the defense claimed the two-level L4-5 and L5-S1 lumbar spine fusion surgery was not caused by the accident. During trial, we were able to prove through expert testimony by our client’s treating orthopedic surgeon that, despite the pre-existing back pain, the collision was a substantial factor in aggravating the condition to the point that he required surgery. The defense steadily increased its offers during the course of the trial until a settlement was reached.

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$850K

Neck Surgery - Truck & Boat Trailer Rear End Accident

Our client was a truck driver who was rear-ended by a pickup truck pulling a boat. The defendant driver claimed that the failure of the brakes on the boat trailer caused the accident. Our investigation determined that the boat trailer's brakes had recently been serviced by the dealer that sold the boat and trailer, and that the negligence of the dealer and the trailer manufacturer contributed to the accident.

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$850K

Neck Surgery – Slip & Fall – Workers’ Compensation- Neck Surgery

Our client was working at a Saks Fifth Avenue store when she slipped on a wet floor after the area had been mopped by a cleaning service company. Investigation showed that no sign had been placed warning of the wet floor in violation of safety policies and procedures. Our client suffered a neck injury that required a two-level cervical fusion surgery at C5-6 and C6-7. Although some of our client’s damages were covered by workers’ compensation, we sued the responsible third-party and secured a separate recovery for future medical expenses, lost income, and pain and suffering.

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$800K

Wrongful Death – T-Bone Collision-(Policy Limit Apportionment)

Mr. Rosenthal represented the son of a woman who was killed while merging from the Highway 65 on-ramp onto Blue Oaks Road in Roseville and apparently attempting an illegal u-turn in front of oncoming traffic. Her vehicle was t-boned on the driver door by an oncoming pickup. The occupants of the pickup were the only witnesses and claimed to be going the speed limit of 45 miles per hour. The police report placed the deceased mother completely at fault. However, we were able to obtain the “black box” data from the defendant’s pickup that showed it was traveling close to 60 miles per hour at the time of the collision, impeaching the credibility of the pickup driver and establishing at least partial fault for speeding. Our client received most of the policy limit that was apportioned among two other claimants

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$775K

Neck Surgery –Rear End by Commercial Vehicle – Workers’ Compensation- Neck Surgery

Our client was driving a truck and flatbed trailer as part of his job as a gas station pipe installer when he was rear-ended by a bobtail truck loaded with 1000 pound pallets of pet food. Our client suffered a neck injury that required a two-level cervical fusion surgery at C4-5 and C5-6. Although some of our client’s damages were covered by workers’ compensation, we sued the responsible third-party and secured a separate recovery for future medical expenses, lost income, and pain and suffering.

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$750K

Gunshot Injury - Negligent Convenience Store Security

Mr. Rosenthal represented a man who pulled into an AM/PM convenience store at 2 a.m. for gas and found himself in the middle of an unruly parking lot party. One of the participants of the party pulled a gun and shot our client during an attempted carjacking. Our investigation revealed that the parking lot parties, including drugs and alcohol, were a regular occurrence on Friday and Saturday nights after the bars closed and that the store did nothing about it. Police records of a similar shooting at the AM/PM just 2 months before indicated that AM/PM knew about the potential of danger for its customers and that its security measures were inadequate to protect them.

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$600K

Motorcycle Accident – Wrist Fracture

Mr. Rosenthal secured a settlement for a motorcycle rider who was rear-ended on the freeway while traveling at highway speed. He sustained a wrist fracture that required surgical repair, back pain, and road rash on his legs, arms, and torso. Although the injuries healed well, we had an orthopedic surgeon provide an expert opinion as to the probable future consequences of the wrist fracture, including possible future surgery, to demonstrate the full extent of our client’s damages.

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$595K

Product Liability – Pharmaceutical

Mr. Rosenthal secured a settlement from American Home Products, also known as “Wyeth”, in the litigation over the diet drug “Fen-Phen”, which was shown to cause pulmonary hypertension and heart valve damage in people trying to lose weight for health reasons. Evidence established that Wyeth was aware of the damage its drug could cause and obtained FDA approval and marketed to consumers without disclosing the information.

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$500K

Pedestrian Wrongful Death

Mr. Rosenthal secured the policy limit 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 hit her head and was hospitalized for several weeks before succumbing to her injuries.

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$481K

Product Liability – Pharmaceutical

Mr. Rosenthal secured a settlement from American Home Products, also known as “Wyeth”, in the litigation over the diet drug “Fen-Phen”, which was shown to cause pulmonary hypertension and heart valve damage in people trying to lose weight for health reasons. Evidence established that Wyeth was aware of the damage its drug could cause and obtained FDA approval and marketed to consumers without disclosing the information.

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$400K

Big Rig Truck Accident – Rear End - Back Surgery

Mr. Rosenthal obtained a jury verdict for a man who was rear-ended by a big rig. Before the accident, our client had “chronic” low back pain, but his pain was aggravated after the collision. After moving to Texas, he ultimately underwent an L4-5 discectomy and fusion surgery. We traveled to Houston to depose the treating orthopedic surgeon, who testified by videotape that the truck accident was a substantial factor in making the surgery necessary.

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$350K

Product Liability – Mild Traumatic Brain Injury – Workers’ Compensation

Our client was working for a communications company that was contracted with the U.S. Navy to monitor computer tracking stations on military bases. While attempting to access the data at one of the stations, the metal door on the mounted housing unit swung open unexpectedly after being latched shut, striking our client on the head. Our investigation showed that the door handle failed to secure the door and that the manufacturer of the box discontinued the use of these particular handles because of similar failures on other boxes, but failed to recall the handles on boxes already in use or warn their customers of the potential danger. Although some of our client’s damages were covered by workers’ compensation, we sued the responsible manufacturer and secured a separate recovery for future medical expenses, lost income, and pain and suffering.

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$350K

Premises Liability –Haunted House – Hip Surgery

Our client was a paid customer walking through a temporary Halloween haunted house when her leg fell into an open hole in the floor in one of the displays set up in a trailer. Discovery in the lawsuit revealed that the haunted house company was aware of the hole and tried to cover it up with a piece of plywood that was easily dislodged when customers walked through the display. Our client suffered a labral tear in the hip joint that required arthroscopic surgery to repair.

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$335K

Pedestrian Accident – Tibial Plateau Fracture

Our client was walking across the street in the crosswalk on a green walk signal when the defendant moved forward and struck her on the leg, causing as fracture under the knee. The bumper's impact caused a tibial plateau fracture, also called a “bumper fracture” in medicine because of its common occurrence. Our client was four months pregnant but had to undergo surgery to repair the fracture. Even though the baby was born normal and healthy, our client understandably worried about the health of her baby until delivery.

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$325K

Boating Accident – Lower Back Injury

Mr. Rosenthal secured a settlement for a client who was thrown out of a boat when the operator lost control by going through a series of wakes at a high rate of speed. The defense argued that the boat captain could not have anticipated the wakes and did nothing wrong. We proved that a reasonable boat captain would have recognized the danger from the presence of surrounding boat traffic. The client suffered injuries to his lumbar spine at L5-S1 and underwent a series of epidural injections to alleviate his pain.

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$300K

Head On Collision – Knee Surgery

Mr. Rosenthal secured the policy limit for a man who had chronic pre-existing knee pain, but underwent knee replacement surgery after aggravating the injury in the collision.

$300K

Dog Bite – Facial Scars

Our client, a seven-year-old girl, received the policy limit after being bitten on the face by a family dog while visiting a neighbor’s house.

$300K

Motor Vehicle Rear End – Soft Tissue Neck Injury

Mr. Rosenthal secured a settlement for a woman who suffered chronic soft tissue neck pain as a result of a minor impact rear-end collision. Expert testimony established that while not debilitating, our client’s neck pain would require periodic treatment in the form of medications and therapy over her lifetime.

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$250K

Dog Bite – Amputation of Pinky Finger

Our client was attacked as he returned to his parked car by a German Shepherd guard dog who escaped from the yard of a nearby business. The dog bit our client several times on the arm and hand, taking off the tip of his pinky finger. Investigation showed that the dog had a record of escaping and biting other people.

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$160K

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 causing a collision that threw him over the hood of the vehicle onto the pavement. Our client suffered bruises and abrasions and injured his knee, requiring arthroscopic surgery. The insurance company told our client he was going too fast and denied his claim. During litigation, we established that the defendant had no idea how fast the motorcycle was going because he was looking the other way before he pulled out.

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