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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. 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!

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  1. YOU MAKE THE CALL! RECENT JURY VERDICTS I GIVE YOU THE FACTS YOU TELL ME THE VERDICT BOB TYSON

  2. 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

  3. PLAINTIFF’S ATTORNEY WASGARY DORDICK

  4. GARY DORDICK IS MENTOR OFNICK ROWLEY

  5. THE EVIL, MUTANT SPIN OFF OF THIS GUY:

  6. WHO HAS A NEW BOOK!

  7. 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

  8. 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

  9. 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

  10. THE SHOOTER

  11. SECURITY GUARD

  12. 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!

  13. 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

  14. REAL PICTURE OF P

  15. 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

  16. 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

  17. SETTLEMENT POSTURE P Demanded $10 million DEFENSE offered $2 MILLION

  18. 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

  19. 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

  20. TIDBITS SAN BERNARDINO COURTHOUSE INSURANCE LIMITS: $2,000,000 Arch insurance Trial Bifurcated LIABILITY FIRST DAMAGES PHASE IF NECESSARY

  21. 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

  22. AND VERDICT ON LIABILITY IS … 49% SECURITY GUARD 49% SHOOTER 2% PLAINTIFF

  23. SECOND PHASE: DAMAGES DEFENSE ASKED JURY TO AWARD LESS THAN $1 MILLION IN PAIN & SUFFERING ABOUT $1,000,000 LESS IN ECONOMIC THAN CLAIMED

  24. YOU MAKE THE CALL $5,000,000 OR LESS (ECONOMIC) $10,000,000 (SETTLEMENT DEMAND) $20,000,000 $30,000,000 $55,000,000

  25. 5. $55,151,509.72 BUT REDUCED TO ONLY $27,024,239.76 AFTER APPORTIONMENT PLUS INTEREST AND COSTS: TOTAL OVER $30,000,000

  26. Don’t ever want to see this!

  27. BREAKING NEWS!

  28. 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

  29. EMPLOYMENT:WRONGFUL TERMINATION MENTAL DISABILITY DISCRIMINATION RETALIATION FOR TAKING DISABILITY LEAVE FAILURE TO ACCOMODATE FAILure TO USE INTERACTIVE PROCESS

  30. 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

  31. 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

  32. ALSO CLAIMED SHE was AN EXCELLENT WORKER Doctor gave leave of absence Was not cleared to return to work Tried to call into supervisor

  33. 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

  34. 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

  35. 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

  36. 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

  37. 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

  38. DEFENSE ASKED FOR DEFENSE VERDICT ABANDONEMENT DID NOT GIVE A NUMBER

  39. 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

  40. 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

  41. YOU MAKE THE CALL DEFENSE VERDICT $500,000 – ALL ECONOMIC $5,000,000 $10,000,000 – EVERYHTING ASKED FOR AND MORE $20,000,000

  42. 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

  43. 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

  44. 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

  45. THE PRICE IS RIGHT!

  46. FOLLOW-UP • LEGAL MALPRACTICE SUIT AGAINST DEFENSE ATTORNEYS • TWO OTHER SUITS BY SAME ATTORNEYS FOR WRONGFUL TERMINATION

  47. LAST CASE:$28,000,000 PLASTIC SURGEON INJURED SAN FRANCISCO P Atty: NICK HORNBERGER D atty: CHUCK HORN, LECLAIR RYAN

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