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Successes

Representative cases we have won for our clients

We combine unparalleled energy, passion and resourcefulness with old-fashioned hard work and persistence.

Personal Injury & Wrongful Death Cases

  • Case Type: Personal Injury / Dog Attack
  • Case Description: Child and mother attacked on neighborhood stroll
  • Result: $10MM judgment

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A mother and her 10-year-old son were enjoying a walk in their neighborhood when a large dog bolted from a nearby home and charged the two. The dog first attacked the boy and then, as the mother held her son, attempting to protect him, she became a second victim as the dog jumped and scratched at her, trying to get at the child.

In addition to the physical injuries to the mother and son, both have experienced severe emotional distress and PTSD, including anxiety, depression, nightmares, and flashbacks.

While the dog custodian’s liability is indisputable, the homeowners’ association’s issuing insurance agency denied fiscal responsibility. Having relied on the liability coverage in their agreement with the HOA, the defendant did not have independent homeowner’s insurance. Coopers tried the case against the dog owner, resulting in a $10 million judgment, which becomes the foundation for an insurance bad faith case against the insurance carrier.

  • Case Type: Personal Injury / Auto / Debris Hauling Truck
  • Case Description: Passenger vehicle struck by debris-hauling truck
  • Result: $1,168,735 plus punitive damages

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A 31-year-old male was riding as a front seat passenger when the vehicle he was riding in was struck by a large 26,000 pound debris-hauling truck as the truck driver made an unsafe lane change. This negligent action caused the truck to strike the rear of the sedan, causing it to rotate and become lodged to the front of the dump truck, then pushed into a concrete median, ricocheting off the wall and across two lanes of traffic. In addition to compensation for the passenger’s physical injuries, the jury imposed punitive damages on the truck driver’s employer for having hired an inexperienced driver with multiple crashes and moving violations.

  • Case Type: Personal Injury / Auto / Pedestrian
  • Case Description: Men crushed against wall by out of control car.
  • Result: $5.5 Million Settlement

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Two men were at walk-up windows in San Francisco. An Errant Delivery Co. delivery car left the roadway, went up the wheelchair ramp at that corner, across the sidewalk, and into the walk-up windows. The two men, Juan Diaz and John Doe, were crushed between the car and the building. Diaz, then 27 years old, sustained a severe crush injury to his left leg. The Errant Delivery Co. driver contended that the car’s brakes had failed and that the only place for him to go was into the building. Witnesses, including a passenger in the car, contradicted his statement and said that he appeared to lose consciousness and veered into the building. A subsequent inspection of the vehicle determined that there was no vehicle malfunction. The impact speed was approximately 25 miles per hour.

Errant Delivery Co.’s counsel contacted plaintiffs’ counsel to say that Errant Delivery Co. acknowledged responsibility for the incident but that it was too early to put a value on the case. Errant Delivery Co. wanted to make a pre-resolution partial Settlement payment to provide plaintiffs with the financial resources they would need to get by until the case was resolved. Errant Delivery Co. provided plaintiffs with over $1 Million at that point. This early display of good faith allowed the parties to continue discussions and eventually reach a resolution that provided plaintiffs with sufficient compensation without forcing Errant Delivery Co. into bankruptcy. As a result, the plaintiffs were justly compensated and over 1,000 employees at Errant Delivery Co. were able to keep their jobs.

  • Case Type: Personal Injury / Auto / Pedestrian
  • Case Description: Pedestrian struck by car pushed onto sidewalk by driver making illegal left turn.
  • Result: $3 Million Settlement

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Jane Doe was a pedestrian waiting to cross the street in San Francisco’s Tenderloin district. A car, driven by someone unfamiliar with San Francisco, was in the far right lane of a one-way street. The car was the first car at the light. The driver realized that he needed to make a left turn. As the light turned green, the car driver made an illegal left turn in front of the other two lanes to his left. A Jeep, who was headed in the same direction as the car, was timing the lights and going between 25-40 miles per hour. The Jeep driver noticed that there were no cars in the far left lane. He anticipated that the light would turn green just as he crossed the intersection and did not slow down at all for the intersection. As the light turned green, the car turned left from the right lane, directly in front of the Jeep. The Jeep struck the left rear quarter panel of the car, propelling the car sideways and up onto the curb. The car pinned Jane Doe against a streetlight. She sustained severe crush injuries to her legs. One leg was subsequently amputated. The matter settled before trial.

  • Case Type: Personal Injury / Forklift / Industrial Incident
  • Case Description: Truck driver run over by forklift operator.
  • Result: $2.8 Million Settlement

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Joe Truckdriver was making a delivery to Commercial Plant when a forklift crushed his leg. Commercial Plant employee, Forklift Operator, was driving the forklift. Joe Truckdriver, a life-long driver employed by Trucking Company, was at Commercial Plant to pick up a load of material. When the incident occurred, the forklift was loading Joe Truckdriver’s truck. Joe Truckdriver testified that Forklift Operator had stopped loading the truck and stopped the forklift. Joe walked over to Forklift Operator, who was sitting in the forklift and the two had a conversation about loading procedures. At the end of the conversation, Joe turned to walk away and took a few steps. Forklift Operator started the forklift before Joe had cleared the turning radius of the forklift. As Forklift Operator accelerated, the rear left wheel of the forklift caught Joe’s right foot and lower leg. Defendant contended that Joe had approached the forklift from behind while it was operating.

Truckdriver suffered a severely broken ankle and serious damage to the lower part of his leg. During the next year, Joe underwent treatment, including multiple reconstructive surgeries and multiple skin grafts. He suffered recurrent infections and continuous pain from his injury. His doctor determined that it was necessary to perform a below-the-knee amputation. A year after the incident, doctors amputated Joe’s lower right leg. Joe was off work for approximately nine months. Truckdriver was unable to return to truck driving but was rehired by his employer as a dispatcher. The matter settled before trial.

  • Case Type: Personal Injury / Public Transit
  • Case Description: Woman knocked down on bus gets infection, loses leg.
  • Result: $2.75 Million Settlement

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Paula Programmer boarded her regular AC Transit bus to get home from work. As Programmer was holding onto a handrail for support and stepping up to a seat, the bus driver drove away from the bus stop. Programmer, whose left ankle was crushed in a 1989 car incident, had a fused left ankle and wore a rocker-bottom shoe, making her mobility limitations obvious although she did not use a disabled bus pass. Despite bracing herself with the handrail, the sudden movement threw Programmer to the floor, tearing her skin on the outside of her left ankle. The wound caused a reoccurrence of a bone infection called osteomelytisis, and intense neuropathy. Programmer’s orthopedic surgeon determined that a below-the-knee amputation was the only solution for her intense pain. The matter settled before trial.

  • Case Type: Personal Injury / Construction Site Incident
  • Case Description: Plumber injured by concrete pumping hose.
  • Result: $2.1 Million Judgment after Jury Verdict

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Joe Plumber was working as a plumber at a commercial construction project. As he neared a concrete pumping hose, he heard a loud popping sound. The pump’s hose uncoupled and swung without restraint. As it swung, the hose, filled with pressurized concrete, whipped into Plumber’s left knee and up into his left upper thigh and groin. The impact knocked him off his feet onto a metal deck, twisting his right knee. The damage from the incident has prevented Plumber from returning to his job as a plumber. Defendants contended Plumber’s right knee was not injured in the incident. They also contended Plumber had degenerative conditions in his right knee from a prior right knee work injury. The jury unanimously found the defendants’ negligence caused Plumber’s career-ending knee injury.

  • Case Type: Personal Injury / Trucking Incident / Pedestrian
  • Case Description: Pedestrian run over and killed by truck making right turn.
  • Result: $1.75 Million Settlement

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Michael Hoffman, husband and father of two young children, was crossing the street in San Francisco. A Feely Trucking Company big rig made a right turn and struck and crushed Hoffman. The truck cab crossed in front of Hoffman, cutting him off in the crosswalk. The trailer struck Hoffman, knocked him to the ground, and crushed him with the rear right tires. Hoffman died from the severe crush injuries two hours after the incident. The matter settled before trial.

  • Case Type: Personal Injury / Construction Site Incident
  • Case Description: Mechanic injured by load swung by excavator.
  • Result: $1.6 Million Settlement

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John Smith, a 44-year-old diesel mechanic employed by Equipment Rental Co., was injured at a Road Construction Co.’s work site. Smith was walking by the boom of an Equipment Rental Co. excavator, which had a known history of tracking problems. He was guiding the excavator from one point to another. Attached to the boom of the excavator was a 7,000-pound power pack and shaker. The excavator, driven by a Road Construction Co. employee, mis-tracked, causing the load to swing toward John Smith. Smith put his arm out to stop the load as he saw it coming towards him. The force of the load knocked Smith to the ground. John Smith got up, finished his shift, and reported the incident to his supervisor the next day. John Smith continued to work for the following two months, until numbness and weakness in his hand prevented him from being able to continue working. Smith contended that the Road Construction Co. employee operating the excavator was a substantial cause of the incident and that they were aware that the excavator was not suited for its intended use. Mr. Smith suffered injuries to his right arm, shoulder, and neck because of the impact. He received extensive treatment, including three cervical surgeries. His treating doctors determined he was not able to return to his customary occupation. The matter settled before trial.

  • Case Type: Personal Injury / Auto / Motorcycle
  • Case Description: Motorcyclist sideswiped by driver.
  • Result: $1.5 Million Settlement

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Jane Doe was a pedestrian waiting to cross the street in San Francisco’s Tenderloin district. A car, driven by someone unfamiliar with San Francisco, was in the far right lane of a one-way street. The car was the first car at the light. The driver realized that he needed to make a left turn. As the light turned green, the car driver made an illegal left turn in front of the other two lanes to his left. A Jeep, who was headed in the same direction as the car, was timing the lights and going between 25-40 miles per hour. The Jeep driver noticed that there were no cars in the far left lane. He anticipated that the light would turn green just as he crossed the intersection and did not slow down at all for the intersection. As the light turned green, the car turned left from the right lane, directly in front of the Jeep. The Jeep struck the left rear quarter panel of the car, propelling the car sideways and up onto the curb. The car pinned Jane Doe against a streetlight. She sustained severe crush injuries to her legs. One leg was subsequently amputated. The matter settled before trial.

  • Case Type: Personal Injury / Auto / Pedestrian
  • Case Description: Pedestrian struck by right turning driver.
  • Result: $1.2 Million Settlement

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Sarah Student, 28 years old, was walking her regular route to take MUNI home from San Francisco State University where she was a junior. After waiting for the pedestrian signal permitting her to walk, Student began to cross the busy intersection on the outer edge of a group of other pedestrians. Nina Nanny, driving a late-model Volvo, failed to stop at the light. The Volvo struck Student on the left side of her body throwing Student onto the hood of the car, which she dented with her body. Student then fell to the ground striking her head on the pavement. Nanny, who was driving her employer’s car with permission, was late to her class at San Francisco State University where she had an exam. Although Nanny saw that the light at the intersection was yellow, she tried to make in through to avoid waiting for a red light.

Student suffered a C5-6 herniation causing chronic pain in her neck radiating into her right shoulder, requiring an anterior cervical disk fusion. Student also suffered a mild traumatic brain injury which caused significant cognitive deficits including diminishment in Student’s short-term memory, concentration, and mental stamina. Student met the criteria for mild traumatic brain injury even without a definite loss of conscious due to her period of posttraumatic amnesia followed by confusion, and cognitive, emotional, and physical symptoms which persisted beyond one-year post incident. While Student may benefit from learning compensation strategies, she will not improve organically to recover her pre-incident status. The matter settled before trial.

  • Case Type: Personal Injury / Auto / Motorcycle
  • Case Description: Drunk driver made left turn into oncoming motorcyclist.
  • Result: $972,267 Judgment after Jury Verdict

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In November 2007, Keith C. and his fiancée, Nicole M., were riding together on Keith’s motorcycle in Sonoma County when a drunk driver travelling the opposite direction made an illegal left turn directly into their path. The drunk driver had a BAC of 0.26% over three times the legal limit, and was on probation from a prior DUI conviction.

Keith suffered a compound femur fracture and a broken hand. The femur fracture required surgery to install a titanium rod and screws in his leg and Keith incurred over $150,000 in medical bills. Nicole’s injuries were fortunately less severe.

The firm successfully settled Nicole’s case for $50,000, the full policy limits of the drunk driver’s car insurance. The insurer, Mercury Insurance Company, unreasonably refused to pay the $50,000 policy limit to settle Keith’s case, resulting in the need for a jury trial. The firm tried the case to a Sonoma County jury in April 2010. Based on the jury’s verdict, the Court entered a judgment in the amount $972,267 which included full compensation for Keith’s past and future medical bills, disability, and associated physical pain and emotional suffering.

  • Case Type: Personal Injury / Auto
  • Case Description: Pick-up loses tire, tire then smashes into oncoming car injuring driver.
  • Result: $875,000 Settlement

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Jane Doe, a woman in her early thirties, was driving on a rural highway. A pick-up was coming from the other direction. The pick-up driver had changed his tire shortly before the incident. The pick-up’s tire came off, continued rolling along the highway, and smashed into the front of Doe’s car. Doe momentarily lost consciousness. She declined medical assistance at the scene and returned to work the next day. After a couple days, she went to the doctor, complaining of headaches. Her co-workers noticed she had difficulty focusing. She was taken off work. She was ultimately diagnosed with post-traumatic stress disorder.

  • Case Type: Personal Injury / Auto
  • Case Description: Car drives into storefront, pinning store employee against counter.
  • Result: $750,000 Settlement

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An elderly driver was pulling into a parking space in front of a store. The driver mistook the gas pedal for the brake pedal. The driver’s car accelerated into the store. Jane Doe, a woman in her early twenties, was working behind the counter in the store. Doe was crushed between the two counters. Doe sustained lower leg fractures. The case settled before trial.

  • Case Type: Personal Injury / Premises liability
  • Case Description: Employee closed gate on customer’s head.
  • Result: $691,941 Judgment after Jury Verdict, reduced by Plaintiff’s 40% comparative fault to $415,164. The case resolved shortly after trial for the judgment plus prevailing party costs.

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Jane Doe, 33 years old, was an avid snowboarder. She had a season pass at Northstar. On one of her visits, she finished snowboarding for the day before her friend. She was cold and sat down inside the lodge on a heater vent. The vent was in front of a Northstar retail counter in a location where the Northstar employee could not see Doe. Shortly after she sat down, the Northstar employee closed the small retail shop. This included closing a manual overhead security gate. He closed the gate from behind the retail counter and did not notice Doe. The gate struck Doe on top of her head. Ski patrol responded and Doe declined medical treatment. She drove herself back home the next day.

Doe returned to work two days later. She had difficulty performing her work and was told to return when she was medically capable of doing so. She was treated by a primary care doctor who noted a bruise on her head and neck tenderness. Doe was placed in a neck brace. Three months later when she removed the neck brace, she started developing other problems. These included visual disturbances, light sensitivity, headaches, right-sided numbness, dizziness and exhaustion. Her doctors determined she did not have a traumatic brain injury. A majority of her doctors recommended a psychiatric consult. Doe felt her injuries were physical and declined seeking any psychiatric or psychological care. Doe remained off work for two years after the incident. She then started working as an outpatient physical therapist three days a week.

The case went to trial in Placer County, where Northstar is located.

  • Case Type: Personal Injury / Dog Attack
  • Case Description: Pedestrian attacked by two pit-bulls in public.
  • Result: $535,000 Judgment after Jury Verdict

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A 37 year old woman, Susan H., was walking down a public sidewalk in San Francisco when she was attacked and bitten in the face by two pit bulls that had been left unattended by their owner. The dogs had been previously declared “vicious and dangerous” by San Francisco Animal Care and Control, but had been returned to the owners based on their promise to muzzle and leash their dogs at all times. Despite their promises, the owners ignored their responsibilities and Susan H. was viciously attacked and seriously injured as a result.

Susan H. suffered severe facial lacerations, and related nerve and muscle damage. She underwent extensive emergency plastic surgery, incurred significant medical bills, and was left with permanent facial scarring and inability to feel her bottom lip.

The defendant’s insurance company repeatedly refused reasonable offers to settle the case and never offered more than $35,000. Because this amount was nowhere near the reasonable value of Susan’s claim, the firm tried Susan’s case to a San Francisco jury. The jury returned a verdict for $518,988, which included full compensation for Susan’s past and future medical bills, facial disfigurement, and associated physical pain and emotional suffering. With court costs and interest added, the total judgment for Susan H. amounted to over $535,000.

Bicycle Incidents Cases

  • Case Type: Personal injury / Bicycle accident / Auto
  • Case Title: Rob Racer v. Reckless Driver
  • Case Description: Reckless driver turns left in front of bicyclist
  • Result: Full value of totaled bike and $375,000 for injuries

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Rob Racer was on a bike ride near San Diego, California. While Rob was riding down a steep hill, Reckless Driver made a dangerous left turn in front of him. Rob had no time to stop or avoid the collision and hit the front passenger panel of the car. Rob flipped over the hood of the car and suffered a fractured shoulder blade, fractured ribs, rotator cuff tear, and lung contusion.

Rob Racer’s race bike was totaled. Driver’s insurance refused to pay full value of the bike, claiming depreciation. The refusal forced Racer to have to file a lawsuit instead of resolving the matter informally. Driver’s insurance company cited Rob’s return to racing and podium race results for why Rob’s case had little value. Rob recovered the full value of his bike and $375,000 for his injuries.

  • Case Type: Personal injury / Bicycle accident / Auto
  • Case Title: Cory Commuter v. Door Swinger
  • Case Description: Bicyclist Doored; UIM refuses to pay policy
  • Result: $15,000 Third-party policy limits and $235,000 Underinsured Motorist policy limits

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On Cory Commuter’s ride home from work in San Francisco, California, Cory approached a parked car. The owner of the parked car abruptly swung the car door open. The door hit Cory’s hand causing Cory to crash. Cory suffered a tibial plateau fracture and a meniscus tear.

The owner of the car carried the minimum policy limits of $15,000; however, Cory carried a substantial underinsured motorist (UIM) policy with his insurance. After the owner’s insurance tendered the small policy, Cory made a demand for his remaining policy limits of $235,000. Cory’s insurance initially made a low offer and stated that Cory’s injuries were not worth $235,000. After a demand for arbitration was filed, and persuasive negotiation, Cory’s insurance paid the full policy.

  • Case Type: Personal injury/ Bicycle accident / Auto
  • Case Title: Yuri v. Truck
  • Case Description: European adventurist on long distance bike trek hit from behind by truck
  • Result: $100,000 policy limit

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Yuri flew from Europe to begin a 500-mile bike trek from San Francisco to Los Angeles. Yuri had already embarked on many European bike treks and was excited to visit California for the first time. On the first day of the trek, Yuri was hit from behind by a pickup truck as he rode on the right side of the fog line on Highway 1. The impact launched Yuri onto the shoulder of the road causing him to suffer a partial ACL tear, small bone fracture in his knee, and a concussion.

Being from Europe, Yuri had no American health insurance and the hospital released him after providing the bare minimum of medical care. This meant Yuri was released without a diagnosis of any of his injuries. Also, Yuri’s plan was to camp each night of the trek, so he did not have accommodations arranged until he was to arrive in Los Angeles five days later. Yuri’s trip was cut short, and he returned to Europe to receive medical treatment. After a policy limits demand was made on Yuri’s behalf, the truck driver’s insurance offered the $100,000 policy.

  • Case Type: Personal Injury / Bicycle accident / Auto
  • Case Title: Bradley Biker v. Betty BMW
  • Case Description: Driver make dangerous left turn in front of bicyclist
  • Result: $500,000 Policy limits

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Bradley rode a bike every day. Riding was the main source of Bradley’s exercise, social connections, and stress release. Bradley’s goal that year was to ride 15,000 miles. While on a ride home from work, Betty BMW made a dangerous left turn in front of Bradley. Bradley barely had enough time to brake and smashed into the passenger side of the car. Bradley sustained rib fractures, flail chest, a punctured and collapsed lung, pooling of blood in the lung, and a lung contusion. Bradley spent 24 hours in the ICU and 9 more days in the hospital recovering.

Bradley’s medical bills totaled nearly $300,000. Unfortunately, his health insurance, being a self-funded ERISA health and benefits plan, sought to recover the full reimbursement of his bills. After substantial negotiation, Bradley’s health insurance agreed to reduce its lien almost 50%. Additionally, Bradley settled for Betty BMW’s $500,000 policy limits.

  • Case Type: Personal Injury/Bicycle Incident
  • Case Title: Michael Bicycle v. City Driver
  • Case Description: Bicyclist struck by city employee’s truck
  • Result: $750,000 settlement

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Michael Bicycle, a twenty-year old college student, was riding his bicycle to his part-time job. Michael made a left turn across a busy intersection and merged into the bike lane. A City truck, traveling in the same direction as Michael, decided to use the same bike lane to merge to the right to get around a vehicle waiting to make a turn. The truck struck Michael’s rear bicycle tire, throwing him to the ground. Michael was transported by ambulance to the hospital, where he had surgery to repair a leg fracture.

The matter settled prior to trial for $750,000.

  • Case Type: Personal Injury/Bicycle
  • Case Title: Anthony Velo v. Robert Mercedes
  • Case Description: Bicyclist struck by SUV
  • Result: $250,000 settlement

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Anthony Velo was riding his bicycle in the marked bike lane during heavy traffic. Robert Mercedes failed to notice Velo and turned right, into a shopping mall driveway, directly in front of Velo. Anthony sustained multiple fractures and a collapsed lung upon being broadsided by the SUV.

The matter settled prior to filing a lawsuit for $250,000.

  • Case Type: General Liability
  • Case Title: Travis Smythe v. Jones Farming
  • Case Description: Chemical exposure while cycling
  • Result: $550,000

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Travis Smythe, a 25+ year cyclist, routinely biked along rural roads to destress from his hectic workday. On the day of the incident, Travis was unaware that on this windy ride, farm employees were spraying chemicals on the crop. State and Federal regulations govern the use, frequency, and timing of the chemical use. Companies are mandated to take all means necessary to prevent human exposure. The farm employees failed to display proper signage and continued to spray despite Smythe riding on the nearby road. Within minutes of being exposed to the toxic chemicals, Travis’s face began burning.

The matter settled prior to trial for $550,000.

  • Case Type: Products Liability
  • Case Title: Carl Carbon v. Fancy Bike Company
  • Case Description: Fork failure on racing bicycle
  • Result: $400,000

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Toward the end of Carl Carbon’s regular weekend ride, the front fork failed. Carl was diagnosed with a right shoulder fracture, a broken nose and six cracked ribs. The fork failure was identified as a carbon-metal bonding failure. The manufacturer touted the high-end racing frame as a European racing bike. Carbon was surprised to learn not only was the bike not made in Europe, the bike was manufactured by a separate company under contract with Fancy Bike Company. The bike company could not determine which company made the bicycle nor could it identify the design schematics used to make the fork.

The matter settled before trial for $400,000.

  • Case Type: Bicycle Accident
  • Case Title: Doe v. Driver
  • Case Description: Bicyclist struck from behind by driver
  • Result: $50,000 Settlement

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Jane Doe was commuting to work on her bike when a car struck her from behind. Jane was initially knocked onto the hood of the car before landing on the pavement. Jane sustained road rash on her left leg that required emergency room irrigation.

The matter settled prior to filing a lawsuit for $50,000.

  • Case Type: Bicycle Accident
  • Case Title: Doe v. City
  • Case Description: Bicyclist injured by dangerous road condition
  • Result: $160,000

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Jane Doe was riding her bike to work just as she had every day before that. On her way to work Jane noticed a car behind her and adjusted her position closer to the right to avoid the car. As she did this, the front wheel of Jane’s bike dropped into a gap between a storm drain and the drainage grate. The wheel got stuck, Jane went over the handlebars, and her jaw was dislocated.

The case settled prior to filing a lawsuit for $160,000.

  • Case Type: Bicycle Accident/ Personal Injury
  • Case Title: John v. SUV Driver
  • Case Description: Bicyclist doored by SUV
  • Result: $300,000

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San Franciscan cyclist John Doe was riding to work in the designated bike lane. As John was riding, a parked SUV opened its door in front of John, failing to check for oncoming cyclists. John quickly swerved around the door to narrowly avoid it. In doing so, John lost his balance and crashed. The crash caused an open fracture to his right hand as well as his index finger to snap and break. The laceration exposed John’s bone causing it to protrude from the skin and ruptured the extensor tendon.

After undergoing surgery and months of physical therapy, John was able to focus on recovering as our office sought compensation on his behalf.

The case resolved without litigation for $300,000.

  • Case Type: Bicycle accident
  • Case Title: Sally Cyclist v. SUV Driver
  • Case Description: Bicyclist cut-off by SUV driver
  • Result: $1,200,000 settlement

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Sally Cyclist was riding her bike on a two-lane road. She was approaching a cross street and had the right-of-way. An SUV driver failed to yield to traffic and turned left directly in front of Cyclist. Cyclist crashed into the SUV’s passenger door, sustaining numerous fractures.

The case settled during litigation for $1.2 million.

  • Case Type: Bicycle accident/ Government claim
  • Case Title: Cyclist v. City
  • Case Description: Bicyclist thrown over handlebars by pothole
  • Result: $125,000 settlement

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Cyclist was descending a steep rural road. While using her left hand to signal to the riders behind her to slow down, Cyclist’s front wheel hit a pothole surrounding a utility cover in the roadway. Cyclist flew over her handlebars, and she crashed onto the pavement. She sustained a broken collarbone and abrasions to her shoulder, forearm, and hand.

The City had twice received notice from concerned citizens that the pothole posed a danger to bicyclists. There were no records of maintenance or repair at the pothole site.

The matter settled after defeating a summary judgment motion for $125,000.

  • Case Type: Bicycle accident / Product liability
  • Case Title: Billy Bicyclist v. Carbon Parts Manufacturer
  • Case Description: Bicyclist severely injured when carbon fiber fork failed
  • Result: $450,000 settlement

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Billy Bicyclist was out for a ride with his friends. After riding through a few small depressions in the road, Bicyclist’s carbon fiber fork failed, and the front wheel separated. His body rotated over the handlebars, and he crashed face-first into the pavement. Bicyclist sustained a fractured spine, fractured ribs, crushed tear ducts, dislocated jaw, and a concussion.

Bicyclist argued that the carbon fiber fork was defectively and negligently designed by the Carbon Parts Manufacturer. Carbon Parts Manufacturer argued the crash occurred because an object got stuck in the spokes of the bike.

The matter settled during litigation for $450,000.

  • Case Type: Personal injury / Bicycle accident / Product liability
  • Case Title: Patty Pedaler v. Bicycle Manufacturer
  • Case Description: Bicyclist loses teeth due to improperly manufactured bicycle
  • Result: $340,000 settlement

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Pedaler was riding in Santa Barbara, CA with a friend when her carbon bike broke underneath her. Suddenly, she dropped to the ground. Two of her teeth were missing and the others felt like they were dangling in her mouth. Pedaler’s bike had broken in two – the top tube and bottom tube separated from the head tube. Her injuries included a fractured jaw, two dislocated teeth, four displaced teeth, and a fractured hand.

Pedaler demonstrated that adhesive gaps between the tubes and the lug led to a catastrophic frame failure. Bicycle Manufacturer acknowledged these gaps, but argued it was not an issue.

The matter settled during litigation for $340,000.

  • Case Type: Personal Injury/Auto v Bicycle
  • Case Title: B. Cyclist v. A. Mobile
  • Case Description: Cyclist cut off by inattentive driver
  • Result: $250,000 settlement

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A driver made a last-minute decision to turn right – directly across a bike lane and in front of a bicyclist. The bicyclist slammed into the defendant’s car and was thrown over the hood, landing on the asphalt, resulting in a broken collarbone.

The matter settled without litigation for $250,000.

  • Case Type: Personal Injury/Auto v Bicycles
  • Case Title: Cyclists v. Driver
  • Case Description: Elderly driver strikes two bicyclists
  • Result: Confidential settlement

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Two friends were out on a training ride on a clear sunny day. At the same time, a man well into his nineties became disoriented while driving, drove into the bicycle lane, and struck both riders from behind at approximately 45 miles per hour. The driver then blamed the cyclists for the incident.

Both of the victims sustained serious injuries requiring surgery.

The matter settled during litigation for insurance policy limits as well as seven figures of personal contribution from Driver.

  • Case Type: Personal Injury/Auto v Bicycle
  • Case Title: Bike Rider v Car Driver
  • Case Description: A woman took her eyes off the road and ran down a cyclist
  • Result: $250,000 settlement

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A rider was struck by a negligent driver, resulting in post-concussive syndrome and rotator cuff damage.

The matter resolved without litigation for $250,000.

  • Case Type: Personal Injury/Auto v Bicycle
  • Case Title: Bike Rider v Car Driver
  • Case Description: A driver made a U-turn and collided with a man on his bike
  • Result: $250,000 settlement

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A driver’s reckless U-turn resulted in a fractured orbital among other broken bones, a concussion, and broken teeth to our client, a lifelong cyclist. Unfortunately, the driver was not only careless in regard to their maneuvers on the road but the driver was also woefully underinsured.

The matter settled without litigation for underlying policy limits as well as underinsured policy limits, for a total of $250,000.

  • Case Type: Personal injury / Bicycle accident / Auto
  • Case Title: The Doe Family v. Jane Roe
  • Case Description: Bicyclist struck from behind by distracted driver
  • Result: Confidential settlement

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John Doe was riding a recumbent bicycle during a cross-country bicycle trip. He was outside of Spokane, Washington, on a two-lane rural highway, riding with another individual. They were riding side by side when a van approached from behind. They went single-file for the van to pass. Jane Roe was driving a car in the same direction on the rural highway. Her child, who was in a car seat in the back, was fussy due to dropping his sippy cup. Roe reached back to grab it and hand it to him, taking her eyes off the road. As John Doe started to move back into side-by-side riding, he was struck and killed by Jane Roe’s car. John Doe was a father who for the last 10 years had raised his son by himself. His son was 16 years old at the time his father was killed.

John Doe argued that Jane Roe was a distracted driver and her distraction caused Doe’s death. Roe argued that Doe went back into the roadway when it was unsafe to do so and that the physical evidence, including scratches in the pavement, put Doe four feet into the road when the impact occurred.

  • Case Type: Personal injury / Bicycle accident
  • Case Title: Bill Bicyclist v. Buick Driver
  • Case Description: Bicyclist doored while riding along city street
  • Result: $350,000 settlement

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Bill Bicyclist, in his early twenties, was riding his bike. A Buick driver who had parallel parked along the street failed to notice Bicyclist. The Buick driver opened his driver’s door directly in front of Bicyclist. Bicyclist hit the partially open door, which speared Bicyclist’s chest. Bicyclist suffered a sucking wound that required surgical repair and a week of hospitalization. Bicyclist was left with a substantial scar on his chest but was otherwise expected to make a full recovery.

Pedestrian Incidents Cases

  • Case Type: Personal Injury / Auto / Pedestrian
  • Case Description: Men crushed against wall by out of control car.
  • Result: $5.5 Million Settlement

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Two men were at walk-up windows in San Francisco. An Errant Delivery Co. delivery car left the roadway, went up the wheelchair ramp at that corner, across the sidewalk, and into the walk-up windows. The two men, Juan Diaz and John Doe, were crushed between the car and the building. Diaz, then 27 years old, sustained a severe crush injury to his left leg. The Errant Delivery Co. driver contended that the car’s brakes had failed and that the only place for him to go was into the building. Witnesses, including a passenger in the car, contradicted his statement and said that he appeared to lose consciousness and veered into the building. A subsequent inspection of the vehicle determined that there was no vehicle malfunction. The impact speed was approximately 25 miles per hour.

In early 2005, Errant Delivery Co.’s counsel contacted plaintiffs’ counsel to say that Errant Delivery Co. acknowledged responsibility for the incident but that it was too early to put a value on the case. Errant Delivery Co. wanted to make a pre-resolution partial Settlement payment to provide plaintiffs with the financial resources they would need to get by until the case was resolved. Errant Delivery Co. provided plaintiffs with over $1 Million at that point. This early display of good faith allowed the parties to continue discussions and eventually reach a resolution that provided plaintiffs with sufficient compensation without forcing Errant Delivery Co. into bankruptcy. As a result, the plaintiffs were justly compensated and over 1,000 employees at Errant Delivery Co. were able to keep their jobs.

  • Case Type: Personal Injury / Auto / Pedestrian
  • Case Description: Pedestrian struck by car pushed onto sidewalk by driver making illegal left turn.
  • Result: $3 Million Settlement

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Jane Doe was a pedestrian waiting to cross the street in San Francisco’s Tenderloin district. A car, driven by someone unfamiliar with San Francisco, was in the far right lane of a one-way street. The car was the first car at the light. The driver realized that he needed to make a left turn. As the light turned green, the car driver made an illegal left turn in front of the other two lanes to his left. A Jeep, who was headed in the same direction as the car, was timing the lights and going between 25-40 miles per hour. The Jeep driver noticed that there were no cars in the far left lane. He anticipated that the light would turn green just as he crossed the intersection and did not slow down at all for the intersection. As the light turned green, the car turned left from the right lane, directly in front of the Jeep. The Jeep struck the left rear quarter panel of the car, propelling the car sideways and up onto the curb. The car pinned Jane Doe against a streetlight. She sustained severe crush injuries to her legs. One leg was subsequently amputated. The matter settled before trial.

  • Case Type: Personal Injury / Trucking Incident / Pedestrian
  • Case Description: Pedestrian run over and killed by truck making right turn.
  • Result: $1.75 Million Settlement

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Michael Hoffman, husband and father of two young children, was crossing the street in San Francisco. A Feely Trucking Company big rig made a right turn and struck and crushed Hoffman. The truck cab crossed in front of Hoffman, cutting him off in the crosswalk. The trailer struck Hoffman, knocked him to the ground, and crushed him with the rear right tires. Hoffman died from the severe crush injuries two hours after the incident. The matter settled before trial.

  • Case Type: Personal Injury / Auto / Pedestrian
  • Case Description: Pedestrian struck by right turning driver.
  • Result: $1.2 Million Settlement

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Sarah Student, 28 years old, was walking her regular route to take MUNI home from San Francisco State University where she was a junior. After waiting for the pedestrian signal permitting her to walk, Student began to cross the busy intersection on the outer edge of a group of other pedestrians. Nina Nanny, driving a late-model Volvo, failed to stop at the light. The Volvo struck Student on the left side of her body throwing Student onto the hood of the car, which she dented with her body. Student then fell to the ground striking her head on the pavement. Nanny, who was driving her employer’s car with permission, was late to her class at San Francisco State University where she had an exam. Although Nanny saw that the light at the intersection was yellow, she tried to make in through to avoid waiting for a red light.

Student suffered a C5-6 herniation causing chronic pain in her neck radiating into her right shoulder, requiring an anterior cervical disk fusion. Student also suffered a mild traumatic brain injury which caused significant cognitive deficits including diminishment in Student’s short-term memory, concentration, and mental stamina. Student met the criteria for mild traumatic brain injury even without a definite loss of conscious due to her period of posttraumatic amnesia followed by confusion, and cognitive, emotional, and physical symptoms which persisted beyond one-year post incident. While Student may benefit from learning compensation strategies, she will not improve organically to recover her pre-incident status. The matter settled before trial.