Dedicated to our Clients, their Families and our Communities

Results

We work on some of the largest personal injury cases in the State of California.  In fact, in 2010, our clients have received Top Verdict Honors from Verdict Search with results in the Top 100 of all cases for that year.  Our clients deserve the results that we obtain for them; their cases and the causes surrounding them are very important.  

Automobile Accidents:

Trucking Accident/Brain Injury
California Superior Court Case No.: 2014-Confidential
$17,550,000.00

This case arose out of a tractor-trailer truck verses motor vehicle accident. Plaintiff suffered severe brain trauma and was hospitalized for several months. Despite months of extensive care and rehabilitation, Plaintiff never regained his pre-accident cognitive abilities and will require on-going care for the rest of his life. Through this mediated settlement, Plaintiff and his family were able to secure the funds necessary to provide for his care for the short and long term.

---------------------------------------------------------------

Products Liability/Component of Vehicle/Brain Injury
California Superior Court Case No. 2016: Confidential
$7,200,000.00

This case arose out of a worksite injury caused by a defective product. Plaintiff suffered a skull fracture from an exploding component and resulting Mild Traumatic Brain Injury (“MTBI”). Through discovery and litigation, we were able to secure a resolution for our client that will help him continue to support his family.

-----------------------------------------------------------------

California Superior Court Case No.: Confidential
$2,450,000.00

This matter involved the wrongful death of a six-year-old in a tire blow-out case against a rental car company. Our clients donated most of their recovery to charity.*

-----------------------------------------------------------------

California Superior Court Case No.: Confidential
$1,520,000.00

Our clients’ adult daughter was struck and killed by a car while she was walking on the sidewalk.  Defendants claimed plaintiffs’ daughter was walking in roadway and heavily disputed liability.  All plaintiffs wanted from defendants was an apology, which they finally received after trial.* 

----------------------------------------------------------------

Trucking Accident/Brain Injury
California Superior Court Case No.: 2014-Confidential
$1,500,000.00

This case arose out of a tractor-trailer truck that caused a pile up on the freeway. Our client suffered severe injuries including a brain injury. Liability was heavily disputed throughout the litigation. Ultimately, the carrier tendered full policy limits to resolve all claims against the defendants.

----------------------------------------------------------------

A. Duran vs. David Kim, et al.
Los Angeles Superior Court Case No.: BC409618
Jury Verdict$1,402,062.00    

This case arose out of an automobile versus pedestrian accident.  Our client’s past medical specials amounted to $58,000.00 and her past lost wages were approximately $1,400.00.  Our client was a model citizen who suffered greatly as a result of her injuries.  Future complications were at issue and of great importance to our client.  Defendant David Kim and his insurer, Liberty Mutual, disputed liability and argued Ms. Duran’s injuries were nominal.  The defense ran up the costs of the litigation and hired every expert imaginable.  We worked tirelessly and provided the jury with the truth.  Our hard work paid off for our client.

----------------------------------------------------------------

Car Accident
California Superior Court Case No.: 2013-Confidential
$1,250,000.00

Our wheelchair bound client was struck by a car in a cross walk. Plaintiff’s specialized wheelchair was destroyed, he suffered a fractured knee, and his loaner wheelchair caused severe pressure ulcers. The defendant’s insurance company denied defendant’s liability. Defendant’s insurance company denied that plaintiff had suffered injuries as a result of the subject incident. We dismantled the insurance company’s hired experts in their depositions. Weeks prior to trial, defendant’s carrier tendered full policy limits payment.

-----------------------------------------------------------------

John Doe vs. Gary Folker, Allstate Insurance (UIM), & Fireman’s Fund (Excess UIM)
San Diego Superior Court Case No: 0135967164
$750,000.00

This case arose out of a high speed rear-end automobile collision, which caused serious personal injuries to our client.  Our client’s past medical specials totaled approximately $23,000.00.  Future injections, care, and loss of income were at issue in this case but disputed by the insurance companies.  Our client, a successful business owner and the devoted father of three, wanted a fair and just outcome from the insurance companies (including his own).  

The third party driver that caused the accident only carried $50,000.00 in liability insurance.  The carrier for the third party immediately tendered their policy.  Fortunately, our client maintained underinsured motorist coverage and excess underinsured motorist coverage with Allstate and Fireman’s Fund.  While the negligent driver’s carrier quickly resolved the matter, our clients’ own insurers dragged the matter out.  After retaining experts and after discrediting the insurance companies’ experts, the carriers paid their policies to avoid arbitration and the risk of future bad faith claims.

-----------------------------------------------------------------

California Superior Court Case No.: Confidential
$605,000.00

Our 18-year-old client was at a graduation party at a national hotel chain. Client’s friends purchased alcohol from a liquor store without identification. Hotel chain and their valet company, with knowledge that client’s friend was drunk, evicted client, and forced his friend to drive away from the premises. Driver wrecked his car resulting in client suffering a broken wrist, hand, and internal injuries. 

-----------------------------------------------------------------

Car Accident at Intersection
California Superior Court Case No. 2015: Confidential
$600,000.00

Our client was broadsided when another driver sped through a red light. Our client’s head struck the driver’s side window and she temporarily lost consciousness. She suffered an MTBI where she lost the ability to speak a second language and had increased headaches. She also suffered a neck injury which will not require surgery. The defense forced the case to trial arguing that our client was not seriously injured in the accident. After presenting plaintiff’s case, the defense agreed to pay to resolve the matter. At trial, our client’s treaters (from local hospital testified) and the defendant’s insurance carrier (that attended trial) finally decided to be reasonable.

 ----------------------------------------------------------------

Car Accident at Intersection
California Superior Court Case No. 2015: Confidential
$299,500.00

Our client was involved in a low speed impact that resulted in minimal property damage. While the damage to the car was minimal, the damage to our client’s neck was severe as he suffered from a pre-existing but asymptomatic condition that left him susceptible to injury. The defense stalled on producing its expert. After the court ordered it, we deposed the insurance company’s doctor. Even though the insurance company had denied that our client had been injured throughout the entire litigation, the insurance company’s retained doctor, himself, testified that he had informed the carrier and defense lawyer from the very beginning that the accident had caused our client’s injuries. The insurance carrier promptly tendered the maximum limits available to resolve the case.

----------------------------------------------------------------

Auto vs. Pedestrian
California Superior Court Case No. 2015: Confidential
$250,000.00

This case arose out of an automobile versus pedestrian accident. Our client’s past medical specials amounted to $20,000.00. Our client was a happily retired gentleman who enjoyed long walks and taking care of his grandchildren. In the accident, he was thrown 10 feet through the air and suffered a fractured elbow.

----------------------------------------------------------------

California Superior Court Case No.: Confidential
$180,000.00

Clients were involved in a high-impact automobile accident while traveling down Interstate 5 in Orange County.  When traffic ahead of the plaintiffs stopped, plaintiffs’ car proceeded to slow down and come to a complete stop.  The driver directly behind plaintiffs also stopped safely.  However, defendant, made an unsafe lane change and failed to notice the cars stopped in front of him until it was too late.  Defendant attempted to apply his brakes, but as he was traveling way too fast his vehicle spun out of control, striking the car behind plaintiffs, which caused it to thrust forward, striking the rear of the plaintiffs’ vehicle. One plaintiff suffered a knee injury.  Total medical specials were almost $23,000.00.* 

-----------------------------------------------------------------

California Superior Court Case No.: Confidential
$100,000.00

Client, a pedestrian, was struck by a car in a shopping center parking lot resulting in neck and back injuries.  This settlement reflected the full policy limits available.* 

------------------------------------------------------------------

California Superior Court Case No.: Confidential
$75,000.00 

Client was struck by a truck while at a stop light. Medical specials totaled approximately $11,000.00.  After defendants’ insurer refused to entertain reasonable settlement negotiations, the case went to trial where the jury returned a verdict of $2,000.00 more than plaintiff’s opening offer at mediation. With costs, the total judgment will exceed $75,000.00.*

------------------------------------------------------------------

Construction Accident/Premises Liability:

California Superior Court Case No.: Confidential
$6,500,000.00

As part of a mediated resolution, our client agreed not to disclose the names of the parties to this litigation.  In this case, our client suffered trauma as a result of the negligence of multiple parties.  Defendants disputed liability as well as the nature and extent of our client’s injuries.  After we litigated the case and obtained irrefutable evidence, defendants’ primary and excess carriers decided to settle the matter out of court.  We remain close with our client and her family.  With the monies our client received, our client has been able to put her life back on track.   

-----------------------------------------------------------------

Nursing Home Neglect:

Nursing Home Abuse/Wrongful Death
California Superior Court Case No.: 2013-Confidential
$4,500,000.00

This case arose out of a sickened facility and its parent company that mismanaged this and many other nursing homes. Following plaintiffs litigation, the State took notice and also took action to ensure the type of misconduct that occurred in this case would not happen again.

-----------------------------------------------------------------

Nursing Home Neglect/Wrongful Death
California Superior Court Case No. 2016: Confidential
$2,190,000.00

This case arose out of the neglect of an elderly woman with dementia. The Residential Care Facility for the Elderly (“RCFE”) caused our client to fall and suffer multiple fractures. Unfortunately, the RCFE failed to report the fall or injuries to our client’s doctor and also failed to send her to the hospital for many hours. She ultimately passed away. Our investigation and discovery uncovered substantial misconduct, which led to this result. The California Department of Social Services (“DSS”) took note of our client’s complaints and also required to the RCFE to make permanent changes to its policies and procedures to help ensure nothing like this ever happens again.

----------------------------------------------------------------

Ruth Lomeo vs. Edgemoor Geriatric Hospital, et al.
San Diego Superior Court Case No.: GIE 036655
$1,600,000.00 

Ruth Lomeo was a dependent adult who resided at Edgemoor Geriatric Hospital, a Skilled Nursing Facility.  Ms. Lomeo was abused and neglected at this county owned and operated facility.  Among other things, she was overdosed on Fentanyl.  Defendant adamantly denied wrongdoing throughout the year plus litigation. Within weeks of the trial, defendant decided to resolve the case.

George R. Kindley and the Law Offices of George R. Kindley were to serve as co-trial counsel along with attorney Robert Hamparyan.

------------------------------------------------------------------

Elaine Stinson vs. Leisure Palms, et al.
San Diego Superior Court Case No.: 37-2008-00050484-CU-PO-NC 
Jury Verdict - $1,340,000.00 

This ground breaking case was the first of its kind to be successfully taken to trial.  The jury awarded Elaine Stinson $1.34 million, not including the post judgment award of attorneys' fees and costs. George Kindley co-tried the case with his friend, Robert Hamparyan. 

The case arose out of a fall Elaine Stinson suffered at Leisure Palms.  Her injuries included a head contusion, three broken ribs, and a punctured lung. Mrs. Stinson fully recovered from her injuries after 9 months of skilled nursing care.  Defendants adamantly denied liability throughout the year and a half litigation. The jury awarded $88,000 for past medical bills, $500,000 in general damages, and $750,000 in punitive damages.  In addition, a post-judgment motion for attorneys, expert fees, and costs, will likely add $400,000 or more to the judgment. 

According to Prescott Cole, senior staff attorney of California Advocates for Nursing Home Reform, a statewide nonprofit advocacy organization dedicated to improving the choices, care and quality of life for California's long term care consumers: "this is the first of its kind in a case that gets at reckless neglect in a residential care facility for the elderly.  This case defined what reckless neglect is and the verdict shines a bright light on it.  The 3.8 million seniors in California and 38 million Californians overall are all rich winners today; and we have Mrs. Stinson, and Mr. Kindley and Mr. Hamparyan to thank for being courageous enough to go all the way to clarify the law.  They moved the bar way up, made a statement that these kinds of things can go to trial, the jury gets it, understands how bad it is, and the defense can't hide under the assumption that clients can be browbeaten, intimidated by the system, and will give up before achieving justice.  As an advocate, this is thrilling."

----------------------------------------------------------------

California Superior Court Case No.: 2011-Confidential
$1,000,000.00

As part of a partial mediated resolution, our client agreed not to disclose the names of the parties to this elder abuse litigation.  In this case, our client’s rights were violated at a skilled nursing facility.  Defendants included the facility’s agents and owners, including this “Medical Director.”  Defendants’ elder abuse and neglect was confirmed in a lengthy investigation report prepared by the California Department of Public of Public Health.  Nonetheless, defendants’ denied any and all liability.  This partial mediated settlement only involved the facility’s Medical Director, who maintained separate lawyers and separate insurance from his facility.  The case proceeded against the other defendants as they still claimed they had done nothing wrong.  

-----------------------------------------------------------------

California Superior Court Case No.: Confidential
$1,000,000.00 

This case involved an elderly client who was abused and neglected at a Skilled Nursing Facility. Client’s injuries and wrongful death resulted from repeated falls and bedsores. Amount received in settlement was the full limits of insurance maintained by the defendants.* 

-----------------------------------------------------------------

Residential Care Facility Neglect/Wrongful Death
Jeannine Letourneau v. Glen Park West
California Superior Court Case No.: 2013
$865,000.00

Glen Park staff left Jeannine Letourneau, age 74, outside and alone for several hours. Because Glen Park failed to have appropriate fire extinguishers, properly trained staff, and necessary policies and procedures, Jeannine caught on fire on the patio where she and others smoked. Jeannine was paralyzed so she could not help herself. Another resident tried to put the fire out but Glen Park did not have an extinguisher and the hose nearby would not reach. The Department of Social Services issued deficiencies against Glen Park for their failures. Shortly after plaintiffs filed their civil action, defendant Glen West offered to attend mediation and resolved the matter.

-----------------------------------------------------------------

California Superior Court Case No.: Confidential
$600,000.00 

In this case a 93-year-old resident of a Skilled Nursing Facility suffered repeated falls while in the care of the facility.  Despite the facility’s awareness of reoccurring fall incidents, the facility failed to implement fall prevention protocols to prevent future falls, which was not only a violation of state and federal laws but also the facility’s own self-admitted policies and procedures.  The sixth and final fall caused the patient to strike her head and suffer a severe closed-head injury and untimely death.* 

-----------------------------------------------------------------

Nursing Home Neglect/Wrongful Death
California Superior Court Case No. 2016: Confidential
$525,000.00

This case arose out of the neglect of an elderly man who with dementia by a Skilled Nursing Facility (“SNF”). Our client had a POLST DNR, which the defense argued allowed them to make the decision not to call our client’s physician for continued difficulty breathing and lethargy. For days, our client’s family who lived out of town requested that their father be seen by a doctor. Despite their requests, the SNF never had their father seen by a doctor before he passed away. Our client had been diagnosed with a terminal illness before this occurred but we argued that he deserved to be treated with dignity and respect just like every other resident the SNF was paid tens of millions of dollars to care for. Unfortunately, this was yet another case of neglect caused by a corporation’s decision to intentionally under staff its facility.

-----------------------------------------------------------------

Nursing Home Neglect/Wrongful Death
California Superior Court Case No.: 2014-Confidential
$425,000.00

Defendant, a national skilled nursing facility chain, failed to assist its terminally ill, eighty year old patient with her dinner. As a result, she choked and died. Through our investigation, we were able to uncover multiple prior acts of misconduct perpetrated by defendant (prior issues with its dietary department, improper reporting to OSHP, etc.) As part of mediated resolution, our clients agreed to resolve their claims in exchange for $425,000.00 and changes to defendant’s policies and procedures to prevent another tragedy from occurring.

------------------------------------------------------------------

California Superior Court Case No.: Confidential
$375,000.00

In this case, our elderly client was neglected resulting in dehydration and rapid weight loss and ultimately death.*

-----------------------------------------------------------------

Nursing Home Neglect/Violation of Patients Rights
California Superior Court Case No. 2016: Confidential
$350,000.00

This case arose out of the neglect of an elderly woman who had been admitted into a nursing home for physical therapy following hip surgery. The Skilled Nursing Facility (“SNF”) was understaffed as it failed to timely answer our client’s and many other residents’ call lights. Even though our client was continent and just needed assistance to get to the restroom, the SNF forced her to wear adult briefs (diapers). The facility, along with its medical director, also gave her psychotropic medications that were not consented to and were completely unnecessary. The SNF’s neglect resulted in a severe UTI as well as embarrassment and other injuries.

----------------------------------------------------------------

California Superior Court Case No.: Confidential
$240,000.00

In this case, a 52-year-old dependent adult, who had several years prior suffered traumatic brain damage, suffered injury when Residential Care Facility for the Elderly he was residing in left him unattended and allowed him to wander away from the care facility.  Despite wandering away during the late evening hours, the facility failed to notice his absence until 7:00 a.m. the following morning.  Still, the facility failed to report his absence until later that afternoon.  The resident was found 48-hours later, by police, lying face down on the street.  He was immediately transported to a nearby hospital, where he was admitted for heat stroke, dehydration, and sunburn. He later made a complete recovery.*

-----------------------------------------------------------------

Work Site Injury:

California Superior Court Case No.: Confidential
$800,000.00

Client was walking on a sidewalk when a construction fence fell on top of her. Client sustained a severely fractured ankle.*

--------------------------------------------------------------------

California Superior Court Case No.: Confidential
$195,000.00

Client worked as a lift operator on a construction site.  While not following his company’s procedures a deliveryman attempted to load a cart of sheet rock onto the lift unassisted.  The cart tipped and fell on client injuring his shoulder.*

--------------------------------------------------------------------

Financial Elder Abuse:

California Superior Court Case No.: Confidential
$425,000.00

Our elderly client was subjected to financial elder abuse by relative.  Prior to initiating litigation, the family member steadfastly refused to return client’s property.  Through litigation, the property was returned to client. *

--------------------------------------------------------------------

California Superior Court Case No.: Confidential
$106,511.00

Our elderly client had money and personal items wrongfully removed from her residence.  The perpetrators refused to return the money and property. Through litigation, the money and property was returned to our elderly client.*

--------------------------------------------------------------------

Premises Liability:

Slip and Fall
California Superior Court Case No.: 2014-Confidential
$500,000.00

This case arose out of an incident at a grocery store whereby Plaintiff slipped and fell on water in one of the grocery aisles. Plaintiff sustained significant injuries to her neck, back, wrist, and shoulder. Defendant grocery store denied any and all liability and further disputed the nature and extent of Plaintiff’s injuries. Through our investigation, we uncovered that Defendant grocery store was negligent by installing faulty flooring that created a higher risk for patrons to slip and fall. Further and through extensive efforts, we obtained a court order to have Defendant turn over the video footage it withheld. The video showed the entire incident and that it was defendant’s own employee that caused the water to be on the ground for a prolonged period without any warning to unsuspecting patrons. As part of mediated resolution, our client agreed to resolve her claims in exchange for $500,000.00.

---------------------------------------------------------------------

Trip and Fall
California Superior Court Case No.: 2013-Confidential
$1,000,000.00

This case arose out of a fall incident that occurred in an RV Park. Plaintiff was walking home at night after leaving a neighbor’s home and fell over the side of a small bridge traversing a ditch that ran through the park. Plaintiff sustained significant injuries to his leg and ankle, which required surgery to repair. Defendants denied any and all liability. Through our investigation, we uncovered that Defendant knew that the light illuminating the bridge was not working prior to the subject incident but failed to fix it. We also uncovered that the bridge was of a height and width that required it to have railings. Defendant eventually tendered its entire policy limit of $1,000,000.00 to resolve the case.

-------------------------------------------------------------------

California Superior Court Case No.: Confidential
$550,000.00

Client went to a spa for a day of relaxation.  Premises owner failed to place mats on wet white tile floor. After enjoying the spa, client slipped and fell on the tile resulting in low back injuries.  Liability was contested until mediation.*

--------------------------------------------------------------------

California Superior Court Case No.: Confidential
$400,000.00

Our client went to a hair salon.  The salon owner failed to clean floors and allowed water, hair and gel to remain on the floor. When walking towards hair dryer client slipped and fell in a wet substance resulting in a hip injury.  Liability was hotly contested.*  

--------------------------------------------------------------------

California Superior Court Case No.: Confidential
$246,500.00

Our client tripped and fell over an out-of-place parking stop in a poorly lit shopping center parking lot.  The fall resulted in a broken wrist. Liability was staunchly contested until mediation.*

---------------------------------------------------------------------

Dog Bite Injury

Dog Bite
Pre-Litigation Settlement: 2013-Confidential
$500,000.00

This case arose out of an unprovoked incident whereby defendant’s dog bit Plaintiff in the face and severed a small piece of her lip. Plaintiff’s medical providers were able to repair her lip and limit any significant signs of scarring. Through our investigation, we uncovered that Defendant had adopted the dog from a company in Mexico that picks up strays and transports them to the United States for sale. We also uncovered that this was not the first incident defendant’s dog was involved in. As part of pre-litigation settlement demand, our client agreed to resolve her claims in exchange for $500,000.00.


* The results* were achieved while George Kindley was associated with the law firm of Berman & Riedel, LLP.