Ian Dotson was a 23 year old autistic adult who was a resident of defendant AACRES, LLC care facility for disabled adults in Torrance California on July 22,2016. A caregiver was assigned to Ian when they had a group outing to the Orange County fair. While attempting to return to their vehicle, defendant’s caregiver allegedly forgot where the car was parked, and Ian wandered off. The caregiver attempted but could not find Ian. Hours later defendants were contacted by the emergency room at Orange County Global Medical Center and were informed that Ian had been struck by a car traveling at 45mph on a busy street. Plaintiffs (Ian and his guardian parents) filed a lawsuit against defendants for negligent supervision and failure to properly follow the treatment plan laid out for Ian which resulted in Ian wandering from the caregiver and being struck by the vehicle. Ian had underwent 6+ surgeries and continues to make great recovery. The Law Offices of Mike F. O’Brien associated with Ricardo Echeverria and Charles Mayr of the Shernoff, Bidart and Echeverria office who were trial counsel. A verdict was returned for Mr. Dotson on November 15, 2019 in the Orange County Superior Court for the amount of $6.2 million in aggregate damages,$106,000 in past medical damages, $600,000 in future medical damages, $2 million in past non-economic damages and $3.5 million in future non-economic damages.
Ms. Harris was a passenger in an SUV in which the driver fell asleep at the wheel and drove head on into an oak tree off the I-5 Freeway in Northern California. She was the front seat passenger and her 2 minor children in the rear. The children suffered relatively minor injuries yet Ms. Harris required major left knee surgery. It was recommended that the 40 yr old undergo two knee replacements in the future. Her total past medical bills were @$60,000 with @$20,000 in out of pocket costs and wage loss. The children’s’ cases settled for a total of $100,000 and the case of Ms. Harris went to trial in the Pomona court. The jury returned with a verdict for Ms. Harris in the amount of $1,133,366.56 which included her medical bills, out of pocket and approximately $900,000 for pain and suffering. Mr. O’Brien was able to reduce the liens payable from the settlement (for medical bills still owed, health insurance reimburement) to only $13,000, resulting in a much higher payout to the client.
Regina was riding her motorcycle home from work in the hills above Los Angeles when a Mercedes Benz made a left turn in front of her, causing her to TBone the Mercedes and fly off of her bike. She suffered a multitude of injuries including pelvic and rib fractures, brain hemorrhage and miscellaneous bodily bruises, cuts and abrasions. Medical billings totalled approximately $60,000. The insurance company agreed to settle the claim for their coverage limits of $250,000.
Mr. Arturo was a 33 yr. old electrician working for a contractor at the Yucaipa Valley Water District in Sept. 2007. The contractor was working installing and securing “gang planks” which were aluminum walkways or catwalks which went over the various basins which contained untreated human and other waste. As Arturo walked across one of the catwalks, it gave way and he fell and became submerged into the basin containing untreated waste. It was later determined that the contractor had been working on that catwalk and failed to properly weld that specific grate to the catwalk. Following intense litigation the matter was resolved at mediation for the gross of approximately $600,000 which included medical bills, wage loss, worker’s comp benefits, and the majority of the amount, damages for pain and suffering.
Mr. Nickol was driving a truck for his employer on Arrow Hwy in Upland. The truck was a flatbed and was filled with approximately 6 “Port-A-Potties” which he had picked up from a carnival site to take back to his place of employment. He was stopped to make a left turn when he was struck at approximately 50 mph by a tractor trailer rig, resulting in the “explosion” of the Port-A-Potties and injuries to Mr. Nickol. He suffered non surgical injruies to his neck, back, right shoulder and knee. His case was settled for $255,000, with an agreement from the worker’s comp carrier to waive their right to reimbursement.
In December 2013 Ms. De Lopez was a pedestrian walking with the Walk sign in a marked crosswalk in Chino. As she stepped into the crosswalk and proceed approximately ⅓ of the was she was struck by a left turning vehicle which threw her approximately 20 yards. She suffered facial fractures, optical nerve injury to her eye, left knee and tibial fractures. The insurance carrier agreed to settle for their $250,000 coverage limits within 5 months of the accident date.
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