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Verdicts And Settlements

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Some Of Our Firm’s Impressive Verdicts And Settlements

$44 million jury verdict against a nationally known developer, including punitive damages in a development/land fraud case.

A defense verdict in Sacramento County, California, in a three-week products liability trial involving allegations that a propane cylinder had various design defects.

After two weeks of trial in U.S. District Court for the Central District of California, a dismissal of a $15 million products liability case based on repeated acts of perjury by the plaintiffs. See Englebrick v. Worthington 944 F.Supp. 899 (2013).

Helios Airways Flight 522 Crash — Crash of Boeing 737 due to cabin de-pressurization en route from Cyprus to Prague via Athens. Hotly contested issues related to cause of depressurization and responsibility therefore. Initially litigated in Chicago (headquarters of Boeing). Significant legal issues of forum non-conveniens, choice of damages law (i.e., Greek, Cypriot, American), and application of international air carrier treaties. Resolved for record amounts under Greek law, which are confidential

Obtained summary judgment on a claim in federal court in San Diego alleging that a client’s flammable gas cylinder was defective resulting in severe burns. The court granted our motion to preclude Plaintiffs’ experts from testifying on the grounds their opinions were not scientific and were unreliable. The 9th Circuit Court of Appeals affirmed the ruling and the U.S. Supreme Court rejected plaintiffs’ request to hear the case.

Summary judgment in Santa Clara County (upheld on appeal) in favor of a major life insurance company (as well as in favor other numerous co-defendant life insurers) regarding allegations of fraudulent misrepresentations involving agent transactions replacing existing coverage with in excess of $30 million of coverage.

$7+ million bad faith judgment against a national insurance company, including punitive damages.

$2 million judgment a real estate partnership dispute, with nominal punitive damages.

Obtained a defense verdict in El Dorado County, California on behalf of Kwang Yang Motor Company (KYMCO) after a three-week trial on a product liability case involving an ATV accident.

Obtained a $3.5 million settlement in a Los Angeles County lawsuit in favor of a distributor of nutritional supplements imported from China against the subsidiary of a Japanese public company that breached a multimillion-dollar purchase order.

Damaschino et al. v. Tracol Limited et al. Verdict of $2,449,652. Damages of $1,117,937.20 plus interest of $619,184.03. Additional verdict for $25,000 of punitive damages. After the verdict, the Court awarded $712,531.48 in attorney’s fees and costs.

Multimillion-dollar settlement obtained for public entity from insurer who refused to defend Natural Resources Damages claim.

Obtained jury verdict in excess of $7 million against fire insurer, including punitive damages.

Summary judgment in favor of a propane cylinder manufacturer in a wrongful death claim in Queens County, New York.

Diamond v. Nelson – $300,000 – policy limits settlement on behalf of injured motorcyclist.

John and Jane Doe v. Roe Hospital, Doe Doctor’s Group and Doe Doctor. $6.3 million.

Summary judgment in federal court in San Francisco in favor of a major life insurance company regarding claims that annuity payments had been misdirected.

Winter v. Jervis, MD – Verdict of $886,408 against a doctor for scarring patient’s face.

Obtained a $5.7 million judgment in Contra Costa County, California, in favor of a life insurance company, after a five-week trial, against a former agent of the company. The agent allegedly misrepresented to an insured that a $2 million premium would indefinitely sustain a $10 million universal life insurance. As a result of this verdict, Mr. Verna and Mr. Ergo were featured in an article in the Verdicts & Settlements supplement in the June 6, 1997, edition of The Los Angeles Daily Journal and The San Francisco Daily Journal.

Successfully defending a local contractor sued for over $100,000 in claimed breach of contract damages.

A defense verdict in a four-week jury trial in San Francisco, California, in a real property class action matter. Prior to trial, the plaintiffs’ class representatives made combined settlement demands in excess of $25 million.

Obtaining and enforcing a $145,000 judgment in a construction dispute lawsuit venued in the state of Utah.

A defense verdict in a two-week products liability action in Orange County, California. The firm represented a Taiwanese company and two U.S. companies against allegations of a manufacturing defect in a propane valve. Prior to trial, plaintiff’s $550,000 settlement demand was rejected.

$1 million judgment against a major national bank for breach of lease.

Air Philippines Flight 541 Crash — Represented families of 42 decedents on board Boeing 737 which crashed on approach to Davao City Airport in Mindinao, Philippines. Litigated case in Cook County, Illinois for eight years and established new law on liability of U.S. based aircraft lessors for overseas accidents. On eve of trial, cases settled for record amounts, totaling $63 million for our clients and $165 million for all passenger families.

Successfully negotiated the settlement of a real estate development/partnership dispute, followed by negotiating a favorable refinancing and ultimate sale of the property at issue for more than $4 million.

Obtaining a non-suit after a week-long jury trial in a products liability action involving an allegedly defective tire.

A defense verdict in a four-week jury trial in Fresno County, California where the plaintiffs alleged that a propane retailer overfilled a propane cylinder. Mr. Ergo demonstrated that the cylinder was not overfilled and that the accident resulted from other causes. Plaintiffs’ pre-trial settlement demand of $2 million was rejected.

Obtained a full defense verdict in arbitration on behalf of a contractor accused of negligent construction and breach of contract.

Successfully defended a commercial tenant against an unlawful detainer brought by a landlord, and obtained a $1.5 million settlement for the tenant as a buy-out of the tenant’s lease rights.

Nominal contribution (less than 10%) to a seven-figure settlement after the close of evidence in a six-week products liability trial in Bronx County, New York. Mr. Ergo’s client was charged with providing inadequate product warnings. Separate settlement demands to the firm’s client of $2 million during jury selection and $1 million during the course of the trial were rejected.

Obtained a $2.4 million settlement on behalf of a U.S. software company against a British public company in a breach of contract action

Obtained a $3.5 million settlement on behalf of a U.S. national distributor of nutritional supplements against a Japanese public company in a breach of contract action.

Korean Air Flight 801 Crash — Represented severely injured passengers aboard a Korean Air Boeing 747 which crashed on approach to Guam Airport en route from Korea. Claim asserted against U.S. Federal Aviation Administration for air traffic control errors. Litigated in Central District Court of California (Los Angeles). As a result of the case, new ATC procedures have been implemented to improve air safety. Clients awarded record amounts, totaling $36 million.

Successfully defended one of the largest glass manufacturers in the world in a $10 million breach of contract action.