CATASTROPHIC INJURIES / DRUNK DRIVER
SAAVEDRA/GUMIENY v. GUYNES
Patrick Nolan & Carolyn Tan - August 2017
Plaintiffs had enjoyed a nice day at the Pomona Fairgrounds, but on their way home, they were rear-ended by a drunk driver. The impact sent them headlong into a guardrail. Both were knocked unconscious and had to be extricated from their vehicle. Mr. Saavedra had an open fracture of his ankle, as well as a concussion.
Ms. Gumienny had a dislocated hip that required surgery, as well as a broken clavicle and severely broken finger, both of which required surgery to insert hardware to align the bones.
INSURANCE BAD FAITH
BARICKMAN v. MERCURY CASUALTY COMPANY
Mark Algorri - July 2016
The lawyers at DeWitt Algorri & Algorri recently collected $4.13 million from Mercury Insurance for an injured client (Barickman v. Mercury Casualty Company, Case No.: B260833). Despite life-changing injuries, Mercury insisted they owed no more than $15,000. Attorney Mark Algorri proved the case at trial, proved that Mercury owed the entire amount, and the Court of Appeal agreed! When insurance companies insist they owe next to nothing, we prove them wrong.
CAR ACCIDENT
MORENO v. MANZANARES
In September 2012, 23-year-old Rosanna Moreno was critically injured when the car in which she was riding as a rear passenger struck a pickup truck that was parked alongside the road on a residential street in Riverside, CA. The pickup truck had a trailer attached.
The driver of the car in which Ms. Moreno was riding then fled the scene and later denied driving the car. He was uninsured.
Ms. Moreno initially hired a well-known personal injury law firm who investigated the case. The firm told Ms. Moreno’s family that they did not have a case. The family then hired our firm for a second opinion, and we initiated a thorough investigation of the accident. We discovered that the owner of the parked pickup truck knew that cars raced down his street at night, that he parked his truck in an area that he knew was near where cars raced, and that the factory installed reflectors had been removed from his trailer making it hard to see. Also, the trailer was painted “flat black” which made it even more of a hazard.
Ms. Moreno, who was wearing a seatbelt, suffered a brain injury and needs around-the-clock care. She was placed in a long-term rehabilitation hospital. However, her family wanted to bring her home and take care of her. The problem was they did not have the resources to do so.
Our firm sent a settlement demand to the owner of the truck. We identified her claims in detail and gave them a time limit to pay or fight. His insurance company consequently decided to pay their full policy limits in the sum of $7 million to settle the case. The court approved the settlement that provided Ms. Moreno with a special needs trust that allowed her family to buy a house with all the necessary equipment so that she could live at home with them.
CAR ACCIDENT
MARIN v. GANUELAS
Mark Algorri & Carolyn Tan - December 2014
Twenty-two year old Michelle Marin was rendered in a persistent vegetative state when her Honda was rear ended on the 10 Freeway in West Covina. Her stationary vehicle was struck at 60 miles per hour in the rear, causing Ms. Marin’s spine fractures and severe traumatic brain injury. She is now unable to care for herself, or even interact with her 5-year old son.
The defense argued that the accident was Ms. Marin’s fault because if her vehicle had been better maintained, it would not have broken down on the freeway and been hit while disabled. Mark Algorri offered to resolve the matter before trial for $9.9 million. AAA rejected that offer and instead offered $100,000. Mr. Algorri and Carolyn Tan then tried the case to a jury, who found the defendant liable in a 12-0 decision, with $19 million in damages.
BICYCLE ACCIDENT
TIMMERMAN v. LAMBERT
Ernest Algorri & Sam Soleimany - December 2014
A bicyclist on his way to work suffered a broken jaw and concussion when he was struck by an inattentive driver making a left turn. Plaintiff’s obvious injuries were apparently not enough for the driver’s insurance company to settle the matter. Attorneys Ernest Algorri and Sam Soleimany tried the case to a jury and received a unanimous (12-0) verdict for $470,000, most of which was to compensate for the bicyclist’s pain and suffering.
ON-THE-JOB CAR ACCIDENT
BRANSON v. COUNTY OF SAN BERNADINO
Patrick Nolan - November 2014
A driver and his passenger were injured when the County failed to provide proper notice that a bridge over the Mojave River had washed out. In spite of their obvious injuries, and medical bills totaling $60,000, the County offered a mere $30,000 to resolve the matter. They apparently did not realize that DAA is a trial firm. Attorney Patrick Nolan tried the case to a jury and received a verdict for $255,000.
INSURANCE BAD FAITH
BARICKMAN AND MCINTEER v. MERCURY CASUALTY CO
Mark Algorri & Bruce Palumbo - September 2014
Twenty-two year old Michelle Marin was rendered in a persistent vegetative state when her Honda was rear ended on the 10 Freeway in West Covina. Her stationary vehicle was struck at 60 miles per hour in the rear, causing Ms. Marin’s spine fractures and severe traumatic brain injury. She is now unable to care for herself, or even interact with her 5-year old son.
The defense argued that the accident was Ms. Marin’s fault because if her vehicle had been better maintained, it would not have broken down on the freeway and been hit while disabled. Mark Algorri offered to resolve the matter before trial for $9.9 million. AAA rejected that offer and instead offered $100,000. Mr. Algorri and Carolyn Tan then tried the case to a jury, who found the defendant liable in a 12-0 decision, with $16.7 million in damages.
PREMISES LIABILITY
BUELNA v. HILL
Mark Algorri & Carolyn Tan - October 2012
Mark Algorri and associate Carolyn Tan obtained a $2.9 million verdict for a Crestline woman whose foot was crushed when a branch fell in the yard of the house she was renting in the San Bernardino National Forest. The landlord’s insurance company offered $750,000.00 to settle, but Algorri and Tan knew their client would need more to remedy the challenges she and her family already endured, and would struggle with in the future. The jury agreed, finding her landlord responsible for the life-altering injuries she received, awarding nearly three times what the insurance company had offered.
INSURANCE BAD FAITH
RODRIGUEZ v. BARBER
Mark Algorri - November 2011
Emilio Rodriquez, age five, suffered a brain injury when his family’s minivan was rear-ended by a pickup truck operated by Defendant. The other family members suffered minor injuries. The Defendant had a 50/ 100 liability policy. The Rodriquez family’s original attorney sent a policy limits demand to the Defendant’s insurance company that went unanswered. The insurer then belatedly offered the policy. They later claimed they misplaced the demand.
Mark Algorri was then brought in to try the case and it settled the day before trial for $5.9 million dollars in excess of the policy.
PERSONAL INJURY/BAR FIGHT
DECKARD v. ORANGE CIRCLE LOUNGE
Mark Algorri - January 2011
Plaintiff, a 26-year-old college student, was escorted out of a popular college bar for giving the finger to a friend in jest. The bouncer then threw Plaintiff to the ground. He suffered a fractured skull and was hospitalized for a week.
CAR VS. TRUCK ACCIDENT
DIETRICK CANTEBERRY v. LONE STAR TRUCKING
Mark Algorri - November 2010
Plaintiff’s vehicle was struck in the rear by Defendant’s vehicle, in stop-and-go traffic, causing minimal property damage to Plaintiff’s rear bumper. Plaintiff suffered a low back injury.
CAR ACCIDENT
SHIRLEY REID v. ZHI YU HUANG
William McMillan - July 2010
Plaintiff was seriously injured when her vehicle was struck by Defendant’s vehicle. Defendant was insured by Mercury Insurance Company, who failed to timely offer the Defendant’s $100,000.00 policy limits and the case went to trial. Defendant filed for bankruptcy and Plaintiff took an assignment of the excess verdict from the court trustee. The bad faith case is now proceeding.
WRONGFUL DEATH
BALANDRAN v. CITY OF CHINO
Mark Algorri - May 2010
An unmarried mother of two young children filed suit against the City of Chino and it’s Police Department after a police officer shot and killed her boyfriend, the children’s father. The court ruled that the unmarried mother had been deprived of her constitutional “family rights” giving her standing to sue.11
DANGEROUS ROADS/WRONGFUL DEATH
DIANE OVANDO v. CITY OF CHINO
Mark Algorri - April 2010
A single mother lost control of her vehicle, going off a rural road. The roadway had a dangerous drop off alongside the pavement edge that prevented her from regaining control. Her five-year-old daughter died in the accident.
PREMISES LIABILITY
CONFIDENTIAL v. CONFIDENTIAL
Ernest Algorri - November 2009
Plaintiff and his wife were savagely attacked while visiting a private residence that kept chimpanzees. The Homeowner had a $100,000.00 liability policy that was tendered too late and not accepted by Plaintiff. During the underlying litigation and before trial, the homeowner’s insurance company agreed to pay the excess settlement during mediation.
LOW-SPEED CAR ACCIDENT
MAUEL GALINDO v. ALONSO RODRIGUEZ BEAS
Mark Algorri - November 2009
Plaintiff, rear-ended at low speed, suffered a low back injury and had surgery. Defendant maintained that such injury was not possible at low speed and surgery was not indicated. However, they paid the policy demand.
PERSONAL INJURY - ENVIRONMENTAL
CONFIDENTIAL v. CONFIDENTIAL
Mark Algorri - August 2008
Plaintiffs were exposed to long standing contaminated drinking water that contained rocket fuel and industrial solvents that allegedly caused multiple illnesses, including cancer. The case settled shortly before trial.
CAR ACCIDENT - DANGEROUS/DEFECTIVE ROAD
VINDEL v. STATE OF CALIFORNIA
Mark Algorri - December 2007
Plaintiff was a passenger in a vehicle operated by his friend that went off the 110 Freeway protected by an old bridge rail. The driver was DUI. The jury found 50% against Cal Trans. The case then settled. Plaintiff, a 34-year-old Honduran immigrant, who was also intoxicated, was paralyzed in the accident.
UNDISCLOSED
CONFIDENTIAL v. CONFIDENTIAL
Mark Algorri - October 2006
The underlying case went to trial and Plaintiff received a verdict well in excess of the Defendant’s $15,000.00 liability insurance policy. Plaintiff then took an assignment from the Defendant. Both Plaintiff and the former Defendant then filed suit against the insurance company. The case settled at mediation.
CAR ACCIDENT - MINIMAL IMPACT
WILLIS v. UNDERWOOD
Mark Algorri - October 2006
The defense argued a minimal impact and hence no injuries caused by the accident. Plaintiff had low back surgery.
PERSONAL INJURY - ENVIRONMENTAL
CONFIDENTIAL v. CONFIDENTIAL
Mark Algorri - December 2005
After more than six years of hard fought litigation that included two successful appeals to the California Supreme Court, DeWitt Algorri & Algorri lawyers, acting in association with other counsel, represented various homeowners and residents of a Southern California city and successfully prosecuted several industries that polluted this area’s aquifer with toxic chemicals over the course of many years. The pollution caused cancer and serious health complications.
PERSONAL INJURY - DEFECTIVE PRODUCT
CONFIDENTIAL v. CONFIDENTIAL
Louis DeWitt - July 2005
Plaintiff, a plumber, was scalded on his lower body by hot water when a valve failed.
MEDICAL MALPRACTICE/WRONGFUL DEATH
SHANA SMITH v. DANIEL VILLAROSA
Ernest Algorri - July 2005
Plaintiff’s baby died at birth due to the negligence of the doctor. The doctor could not explain his absence from the hospital and he blamed the nurses for not handling the situation differently. The jury found the doctor fully responsible and awarded Plaintiff for her emotional distress.
CONSTRUCTION ACCIDENT
COMACHO v. MADRID LASER SCREED & BOOM PUMP, ET AL.
Mark Algorri - January 2005
Plaintiff was paralyzed when he was struck and injured by a heavy piece of equipment at Mt. San Antonio Junior College. The plaintiff also received extensive worker compensation benefits.
AUTOMOBILE V. MOTORCYCLE ACCIDENT
PULLEN v. LEMASTERS
Mark Algorri & Bruce Palumbo - October 2004
Automobile v. Motorcycle, left-turn accident. The defendant argued that the plaintiff, who admitted to drinking and speeding, was wholly at fault, The defense offered their $15,000.00 Safeco policy to settle too late.
PRODUCT DEFECT
CONFIDENTIAL v. CONFIDENTIAL
Mark Algorri & Louis DeWitt - June 2003
Plaintiff was paralyzed in a single vehicle rollover over accident when the rear tire de-treaded and his van rolled over. The roof crushed down upon him causing his injuries. Plaintiff filed suit against the vehicle manufacturer as well as the tire manufacturer. The case settled during trial.
The personal injury lawyers at DeWitt Algorri & Algorri in Pasadena, California, have extensive experience and a successful track record in cases involving slip-and-fall and other premises liability accidents. We have recovered numerous settlements and verdicts for our clients, often without the need to go to trial. Although these cases are common, they are not easy to prove.
It is vital to contact an experienced California slip-and-fall accident attorney as soon as possible after you are injured. If possible, use a camera or a smartphone to record pictures of the dangerous condition that caused the accident. It is also important to avoid making statements regarding the extent of your injuries. The adrenaline or shock caused by a slip-and-fall accident may cause you to underestimate the severity of your injuries, and these statements can be used against you. It is wise to receive treatment from a doctor who can properly diagnose your injuries.
The law requires that property owners and operators use reasonable care in the management and maintenance of their premises. They must avoid exposing others to an unreasonable risk of harm. Property owners and operators have a duty to reasonably inspect for any unsafe conditions on their property and either repair or give adequate warning of conditions that pose a risk of harm to others.
To be successful in these cases, you must prove that the property owners or those in charge of maintaining the safe conditions of the property were aware or should have been aware of a dangerous condition and failed to act on it. Many times, we fight to obtain the property manager’s surveillance video, janitorial records or other handbooks that show the property managers were not following their own safety procedures.
If you have been injured in a slip-and-fall or trip-and-fall accident, contact us to schedule a free consultation. We will review the facts of your accident and provide you a straightforward assessment. Call (626) 568-4000 or email us to schedule a meeting.
