- $1,250,000.00 that involved a head injury with a client that wasn't wearing an approved helmet (Johnson v Shaw venued in Fresno County)
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$1.1 million for a family who lost their father to a severe head injury suffered in a tragic motorcycle-automobile accident.
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$800,000 for a woman who sustained a severe leg injury as a result of a motorcycle-truck accident.
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$650,000 for a motorcyclist who was involved in an accident with an automobile despite the fact that the investigating police officers attributed fault entirely to the motorcyclist.
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$3.5 million jury verdict for a family stemming from an automobile-motorcycle accident when only $328,000 was offered prior to trial by the insurance company. See Below
Motorcycle/ auto accident Ventura County Judge Vincent O'Neill DOA 10/1/05 Offer prior to trial: $328,000 Jury verdict: $3.15 million Total recovery for client, when one considers prior settlement: $3.65 million
Case name was Dan Codner, et al v. John Wills, In and Out Burger (INO)
Accident date was 10/1/05
Age and occupation of plaintiff: 48 years old; machinist for Proctor and Gamble
Location: Harbor Blvd. in City of Ventura, CA
Attorney for Wills: Lloyd Michaelson of the Law Offices of Lloyd Michaelson in Westlake Village, CA
Attorney for INO: John Mark Jennings of Shulman, Hodges and Bastian in Foothill Ranch, CA
Attorney for plaintiffs: B. Robert Allard of Corsiglia, Mc Mahon and Allard, 96 North Third Street, Suite 620, San Jose, CA 95112; 408-289-1417 (lead), Aimee E. Kirby of Kirby, Kirby and Kirby in Redondo Beach, CA (co-counsel) and Steven C. Kirby of Kirby, Kirby and Kirby.
Carrier for Wills: State Farm Insurance Company
Facts: Wills makes a left turn from a driveway at INO and causes a collision with a motorcycle being driven by Mr. Codner, who had the right of way. The speed limit in the area was 35 mph. Three witnesses claim that the motorcycle was traveling at a speed of at least 55 mph. The police attribute fault entirely to Mr. Codner, who suffers significant injuries, including 1) traumatic brain injury, resulting in permanent hemi paresis, 2) fractured pelvis, 3) fractured acetabulum and 4) partially severed femoral artery. Past medical bills were $458k, of which $225k were paid. Past wage loss was approximately $60k. Claimed future wage loss (approx. $600k) and medical care (appox. $150k) were vehemently contested by the defense. Claim against INO was that it was negligent in the management of its property, resulting in site distance compromise for left turning vehicles such as Wills.
INO and plaintiffs enter into a confidential settlement as a result of a mediation conducted by Thomas Dillard, Esq. of Judicate West in Santa Ana in mid December in 2006.
Statutory offer by the State Farm, which never increased: $328k (global).
Statutory demand by plaintiffs: $500,000, which was made on several occasions (also global), including at the aforementioned mediation in December 2006.
Trial before the Honorable Vincent O'Neill in Department 40 at Ventura County Superior Court from February 8 to March 6, 2007
Experts for the plaintiffs: Dr. Barry Ludwig (neurologist), Joseph Yates (accident reconstruction), Dr. Jeffrey Ballard (orthopaedic surgery), Katherine Graves (economist) and Joseph Esherick (internal medicine)
Experts for State Farm: Dr. Martin Levine of Encino (neurologist) and Dr. Jerald Litoff (orthopaedic surgery).
Jury verdict: $3.1 million against Wills/ State Farm.
