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YOU MAKE THE CALL!. RECENT JURY VERDICTS I GIVE YOU THE FACTS YOU TELL ME THE VERDICT BOB TYSON. GANG SHOOTING IN SAN BERNARDINO. SECURITY GUARD FAILED TO PROTECT 17 YEAR OLD RESIDENT PLAINTIFF SHOT 9 TIMES BY GANG MEMBER AND SURVIVED BOTH LEGS AMPUTATED.

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You make the call

YOU MAKE THE CALL!

RECENT JURY VERDICTS

I GIVE YOU THE FACTS

YOU TELL ME THE VERDICT

BOB TYSON


Gang shooting in san bernardino

GANG SHOOTING IN SAN BERNARDINO

SECURITY GUARD FAILED TO PROTECT 17 YEAR OLD RESIDENT

PLAINTIFF SHOT 9 TIMES BY GANG MEMBER AND SURVIVED

BOTH LEGS AMPUTATED


Plaintiff s attorney was gary dordick

PLAINTIFF’S ATTORNEY WASGARY DORDICK


Gary dordick is mentor of nick rowley

GARY DORDICK IS MENTOR OFNICK ROWLEY


The evil mutant spin off of this guy

THE EVIL, MUTANT SPIN OFF OF THIS GUY:


Who has a new book

WHO HAS A NEW BOOK!


Defense lawyers

DEFENSE LAWYERS

100+ CALIFORNIA DEFENSE FIRM

AND A 20 ATTORNEY DEFENSE FIRM IN GLENDALE

5 DEFENSE ATTORNEYS AT TRIAL

2 OTHER PLAINTIFF’S LAWYERS TOO:

Jim Muller

Sandor fuchs


The case

THE CASE

P A 17 YEAR OLD STUDENT

SITTING WITH TWO FRIENDS ON STEPS OUTSIDE APARTMENT HOUSE

12:30 AM INCIDENT OCCURS

10 MALES WERE DRINKING NEARBY

SECURITY GUARD TOLD GROUP ABOUT NOISE COMPLAINT

GUARD WENT TO CAR TO WRITE REPORT


Plaintiff argued

PLAINTIFF ARGUED

  • AFTER GUARD LEFT, GANG MEMBER ASKED FOR A CIGARETTE

  • SHOT PLAINTIFF 9 TIMES

  • SHOOTER ARRESTED – SERVING TWO LIFE TERMS

  • PICTURES OF SHOOTER AND SECURITY GUARD


The shooter

THE SHOOTER


Security guard

SECURITY GUARD


Plaintiff alleged

PLAINTIFF ALLEGED

  • SHOOTER WAS ONE OF THE 10 MEN

  • SECURITY GUARD SHOULD HAVE:

    • TOLD P TO GO INSIDE/WARN HIM

    • ADVISE P CANNOT LOITER AFTER 10

    • BROKEN UP THE PARTY

    • AT LEAST IDENTIFY THE 10 MEN

    • CALL 911

    • DON’T LEAVE!


Injuries

INJURIES

  • DOUBLE AMPUTEE - GANGRENE

  • BULLETS TO CHEST, STOMACH, FOOT, TESTICLES, SCROTUM, AND SHOULDER

  • 40% OF STOMACH REMOVED

  • 56 SURICAL PROCEDURES

  • 40 MORE SURGERIES NEEDED IN FUTURE

  • STILL HAD PAIN IN SHOULDERS, RECTUM, STOMACH, DIGESTIVE TRACT AND PHANTOM PAIN IN MISSING LEGS

  • NEED LIFE TIME CARE


Real picture of p

REAL PICTURE OF P


Defense claimed

DEFENSE CLAIMED

  • GANG MEMBERS KILL PEOPLE

    • EXPERT TESTIFIED DANGEROUS

    • UNPREVENTABLE

  • OBSERVE AND REPORT

    • FOLLOWED PROCEDURES

    • “COURTESY PATROL”

      • GUARD DID NOT CARRY A WEAPON

    • NOT THERE TO PREVENT CRIME, REPORT IT

  • EXPERT SAID MET STANDARD OF CARE

  • NO EVIDENCE OF PRIOR SHOOTINGS


P s damages

P’S DAMAGES

$500,000+ past MEDICALS

$165,000 PAST LOST EARNINGS

$1.3 MILLION FUTURE EARNINGS

future economic loss – LIFE CARE PLAN - $3.5 MILLION

$50,000,000 non-economic DAMAGES


Settlement posture

SETTLEMENT POSTURE

P Demanded $10 million

DEFENSE offered $2 MILLION


Asked jury for

ASKED JURY FOR

PLAINTIFF’S ATTORNEY ASKED FOR:

50/50 LIABILITY:

SHOOTER 50% AT FAULT AND SECURITY COMPANY 50% AT FAULT

MAYBE 2% FOR PLAINTIFF

NO PUNITIVES REQUESTED

DEFENSE ASKED FOR A DEFENSE VERDICT

SHOOTER AT FAULT

PLAINTIFF HAD SOME FAULT


Experts

EXPERTS

Plaintiff's CPA/Alter Ego expert: Karl SchulzePlaintiff's economist expert: Jubin MeratiPlaintiff's gastroenterologist expert: Graham Woolf, M.D. Plaintiff's Life Care Planner expert: Joanne Latham, M.S. Plaintiff's physiatrist expert: Lawrence Miller, M.D. Plaintiff's prosthetics expert: Keith VinnecourPlaintiff's security expert: R. Bruce RammPlaintiff's violent crimes/gang expert: Gregory Lee

Defendant's Alter Ego expert: Russell M. Fransden, Esq..Defendant's CPA/Alter Ego expert: John ReithDefendant's economist expert: Constantine Boukidis, Ph.D. Defendant's life care expert: Gene BrunoDefendant's prosthetics expert: Ricardo ChavezDefendant's rehabilitation expert: Thomas Hedge, M.D. Defendant's security expert: Douglas H. BryantDefendant's violentcrimes/gang expert: Gregg McCrary


Tidbits

TIDBITS

SAN BERNARDINO COURTHOUSE

INSURANCE LIMITS: $2,000,000

Arch insurance

Trial Bifurcated

LIABILITY FIRST

DAMAGES PHASE IF NECESSARY


You make the call as to liability

YOU MAKE THE CALLAS TO LIABILITY

DEFENSE VERDICT-ALL SHOOTER

50/50 SHOOTER AND PLAINTIFF

49/49 SHOOTER AND SECURITY GUARD (2% FOR P) (what P asked for)

100% SECURITY GUARD


And verdict on liability is

AND VERDICT ON LIABILITY IS …

49% SECURITY GUARD

49% SHOOTER

2% PLAINTIFF


Second phase damages

SECOND PHASE: DAMAGES

DEFENSE ASKED JURY TO AWARD LESS THAN $1 MILLION IN PAIN & SUFFERING

ABOUT $1,000,000 LESS IN ECONOMIC THAN CLAIMED


You make the call1

YOU MAKE THE CALL

$5,000,000 OR LESS (ECONOMIC)

$10,000,000 (SETTLEMENT DEMAND)

$20,000,000

$30,000,000

$55,000,000


5 55 151 509 72

5. $55,151,509.72

BUT REDUCED TO ONLY $27,024,239.76 AFTER APPORTIONMENT

PLUS INTEREST AND COSTS:

TOTAL OVER $30,000,000


Don t ever want to see this

Don’t ever want to see this!


Breaking news

BREAKING NEWS!


What do we learn

WHAT DO WE LEARN?

GERRY SPENCE GUYS ARE PRETTY GOOD!

DON’T FALL IN LOVE WITH THE LINE?

Importance of corporate witness

YOU MUST HAVE A BETTER STORY!

TRIAL ABOUT WHAT YOU MAKE IT ABOUT

BLOODS VS. CRIPS

TOO LITTLE TOO LATE?

DEFENSE GAVE A NUMBER

Must KNOW HOW TO ARGUE pain & suffering

TAKE RESPONSIBILITY for something


Employment wrongful termination

EMPLOYMENT:WRONGFUL TERMINATION

MENTAL DISABILITY DISCRIMINATION

RETALIATION

FOR TAKING DISABILITY LEAVE

FAILURE TO ACCOMODATE

FAILure TO USE INTERACTIVE PROCESS


P claimed

P CLAIMED

WAS HAVING PANIC ATTACKS

DECEMBER 2010 ASKED FOR LEAVE OF ABSENCE

JANUARY 2011 FIRED

DID NOT BELIEVE HER

DID NOT ACCOMMODATE HER

FAILED TO GRANT HER LEAVE FROM WORK


Facts

FACTS

P was 34 year old MOTHER OF 4

CUSTOMER SERVICE REPRESENTATIVE

WASTE DISPOSAL COMPANY

WORKED THERE FOR LESS THAN 10 YEARS

Had occasional panic attacks


Also claimed

ALSO CLAIMED

SHE was AN EXCELLENT WORKER

Doctor gave leave of absence

Was not cleared to return to work

Tried to call into supervisor


Injuries1

INJURIES

Claimed her termination caused her extreme financial hardship

Ex-husband (and coworker) provided no spousal support

Diagnosed with major depressive disorder due to the discrimination and her termination


Defense

DEFENSE

AT WILL EMPLOYEE

FAILED TO COME TO WORK

FAILED TO TELL ANYONE

No call no show

Abandoned her job

Generally just urgent care

Not under care of psychiatrist

Doctors note was for three days only

Husband testified told p to call in

Supervisor called everyday for a week


More defenses

MORE DEFENSES

No real treatment

No real panic attacks

Co-workers testified plaintiff was happy and fine

Ex-husband testified plaintiff was fine

Emails evidenced wanted to start own babysitting service

p wanted to stay at home with kids

WOULD ACCOMMODATE

FRIEND OF P WAS GIVEN FRIDAYS OFF


Damages

DAMAGES

Lost job

WAS MAKING ABOUT $30,000

MAJOR DEPRESSIVE DISORDER

EXTREME FINANCIAL HARDSHIP

2 OF 4 KIDS HAD TO LIVE WITH BROTHER

No car to go to training


P asked for

P ASKED FOR

$66,000 lost past wages

$462,000 lost future income (assumes never works again)

EMOTIONAL DISTRESS

$6 million

PUNITIVE DAMAGES

NO NUMBER


Defense asked for

DEFENSE ASKED FOR

DEFENSE VERDICT

ABANDONEMENT

DID NOT GIVE A NUMBER


Tidbits1

TIDBITS

DOWNTOWN LOS ANGELES COURT

Plaintiff’s counsel:

CARNEY SHEGERIAN, SOLO IN LA

BRUCE KOKOZIAN, A SOLO in LA

DEFENSE:

LARGE national defense firm

26 day jury trial

Deliberations 4 days

7 men, 5 women jury


Tidbits2

TIDBITS

THREE expertS each

Plaintiff:

Psychiatrist

PSYCHOLOGIST

ECONOMIST

Defense:

PSYCHIATRIST

HR EXPERT

ECONOMIST

$5,000,000 INSURANCE POLICY

PLAINTIFF DEMANDED $10,000,000

DEFENSE OFFERED $750,000


You make the call2

YOU MAKE THE CALL

DEFENSE VERDICT

$500,000 – ALL ECONOMIC

$5,000,000

$10,000,000 – EVERYHTING ASKED FOR AND MORE

$20,000,000


5 21 798 447

5. $21,798,447

$66,023 PAST ECONOMIC

$462,163 future economic

$4,000,000 PAST NON-ECONOMIC

$700,000 FUTURE NON-ECONOMIC

$16,570,261 punitives


Punitive damages phase

PUNITIVE DAMAGES PHASE

  • LASTED A DAY

  • JURY DELIBERATED FOR AN HOUR

  • 11-1 ON BOTH PHASES

  • DEFENDANT SAID:

    • HAS REVIEWED PROCEDURES SINCE THIS CLAIM

    • CONSIDERING FIRING SUPERVISOR

    • WOULD BE FINANCIAL HARDSHIP


What do we learn1

WHAT DO WE LEARN?

SKIP WORK!

BELIEVE YOUR EMPLOYEES?

FIRE A SUPERVISOR?

Defense should always give a number

OFFERED $750,000, SO WHY NOT?

WITNESS IMPRESSIONS MATTER

PLAINTIFF’S ATTY MATTERS


The price is right

THE PRICE IS RIGHT!


Follow up

FOLLOW-UP

  • LEGAL MALPRACTICE SUIT AGAINST DEFENSE ATTORNEYS

  • TWO OTHER SUITS BY SAME ATTORNEYS FOR WRONGFUL TERMINATION


Last case 28 000 000 plastic surgeon injured

LAST CASE:$28,000,000 PLASTIC SURGEON INJURED

SAN FRANCISCO

P Atty: NICK HORNBERGER

D atty: CHUCK HORN, LECLAIR RYAN


Facts1

FACTS

P a 50 year old plastic surgeon from the upper eastside

In a cab when “t-Boned” in a san Francisco intersection

Defendant major construction company

Large truck

Cabbie and p both injured and taken to hospital


The cab

THE CAB


Sample truck

SAMPLE TRUCK


The scene

THE SCENE


More facts

MORE FACTS

DEFENDANT TRUCK BLEW A RED LIGHT

ALLEGEDLY GOING 62 MPH IN 25 MPH ZONE

Truck took 200 feet to stop

Cab spun around intersection


Injuries2

INJURIES

TRANSPORTED BY AMBULANCE TO ER

TREATED IN NYC WITH ORTHOPEDISTS, NEUROLOGIST, PHYSICAL THERAPISTS, GENERAL PRACTIONERS, MRI’S, X-RAYS, CT SCANS

Neck, back, and hand injuries


Injuries3

INJURIES

Disk herniation in neck

Degenerative changes in neck too

But no pre-accident problems

Nerve problems: Tingling in fingers

UNABLE TO DO PLASTIC SURGERIES

PAINFUL POSITIONS AND FATIGUE

INJECTABLE PRACTICE LIMITED

COULD NOT TAKE NSAID’S


Damages1

DAMAGES

WAS RAMPING UP PRACTICE

POINT IN CAREER WHERE MOST PROFITABLE

CANNOT DO MAJOR SURGERIES

HAD TO LIMIT INJECTABLES

FREQUENT BREAKS TO LAY DOWN

CANCEL APPOINTMENTS

NO LONGER LIFT WEIGHTS OR SURF


Defense1

DEFENSE

ADMITED LIABILITY

BUT P NOT WEARING SEATBELT

DISPUTED CAUSATION AND DAMAGES

INJURIES AND TREATMENT WERE RELATIVELY MINIMUM

ECONOMIC DAMAGES SPECULATIVE


P s asked for

P’S ASKED FOR

$28,000,000 + Pain & Suffering

$800,000 to $3,000,000 in past ECONOMIC DAMAGES

$10,000,000 TO $25,000,000 FUTURE ECONOMIC

PAIN & SUFFERING MULTIPLES OF ECONOMIC


Defense asked for1

DEFENSE ASKED FOR

$5,000 IN ECONOMIC

$5,000 pain and suffering

50/50 for not wearing seatbelt


Settlement

SETTLEMENT

P wanted “multiples of millions”

DeFENSE OFFERED insurance policy limits, too late according to p atty


Tidbits3

TIDBITS

$2,000,000 PRIMARY INSURANCE

$25,000,000 EXCESS INSURANCE

DEMAND $7,000,000

Offer below $2,000,000


You make the call3

YOU MAKE THE CALL

$10,000

$1,000,000

$10,000,000 (LOW END P ASKED FOR)

$28,000,000 (ECONOMIC ONLY)

$50,000,000 +


1 12 331

1. $12,331

$4,331 PAST ECONOMIC

$8,000 Past pain & suffering

Zero for future economic and noneconomic damages


What do we learn2

WHAT DO WE LEARN?

OK, I WAS SECOND CHAIR AT TRIAL!


What else we learn

WHAT ELSE WE LEARN?

TRIAL IS ABOUT WHAT YOU MAKE IT ABOUT

“SILENT WITNESSES”

THE “GOOD NEWS”

TIME FOR HEALING/MOVING ON

ACCEPTED RESPONSIBILITY

STILL BLAMED PLAINTIFF

Defense themes work too!!

NOBODY LIKES RICH PEOPLE!

SO DRINK UP!


You make the call

P’S COUNSEL DID LOSE HIS MIND AFTER CLOSING!

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