News

Kullrich v. Costco Wholesale Corp.: Chiropractor brought claim for premises liability against Redding-area Costco, alleging that he slipped in the men's room on cleaning products or some other kind of spill. Plaintiff suffered injuries requiring surgery and alleged that he lost income and would continue to do so. The jury agreed with Costco that the floor of the men's room was dry at the time and not slippery.

KJS tried the case on behalf of Costco Wholesale.

Saulter v. Caballero: A family of five sued as a result of a motor vehicle collision, wherein the van they were traveling in was struck by the vehicle driven by a permissive user of defendant's vehicle. While liability was not contested, plaintiffs asserted substantial damages, particularly the mother, who asserted an injury to her cervical spine, requiring spinal surgery. Trial proceeded as to the mother and two oldest children, teenagers at the time of the collision, who claimed to have sustained soft-tissue injuries requiring primarily chiropractic treatment. The mother sought several hundred thousand dollars in damages, primarily relating to the cost of cervical spine surgery undertaken prior to trial. Defendant asserted that the mother's cervical spine condition was pre-existing, and through the use of expert witnesses, was able to demonstrate that with the mother's before-and-after x-rays and other studies. The jury returned a nominal award to plaintiffs, consisting of modest medical expenses incurred during the first few weeks after the collision, but excluding any award for surgery.

KJS tried the case on behalf of defendant.

Mitchell v. Mercy Medical Center Redding: Female plaintiff alleged medical negligence against a nurse working for Mercy Medical Center. She alleged that the nurse negligently attempted to catheterize her to obtain a urine sample, and that as a result, she sustained severe injuries, including the development of urinary difficulties, a cystocele and rectocele. Mercy presented testimony from experts, as well as from plaintiff's own gynecologist and surgeon, that her medical problems had nothing to do with any attempted catheterization, and also pointed out to the jury that plaintiff had not complained to any medical care provider about any problem with the catheterization. The jury found no medical negligence against the nurse or Mercy Medical Center.

KJS tried the case on behalf of Mercy Medical Center Redding.

Venner v. Costco Wholesale Corp.: Female plaintiff slipped on water that had been spilled by another Costco member who had used water from the drinking fountain to water newly purchased plants, unaware that the water would flow through the planter and drip onto the floor. The plaintiff suffered a knee injury requiring surgery, and which caused her to lose income. Costco demonstrated to the jury that the water was on the floor for only seconds before plaintiff encountered it, and that its employees acted reasonably in responding to the spill. After a hung jury resulted in a mistrial, the jury in the second trial found no negligence against Costco.

KJS tried the case both times on behalf of Costco Wholesale Corporation.

Truong v. Mercy Medical Center Redding: Plaintiff was hired as a blood bank technician in Mercy Medical Center Redding's laboratory, focusing on the blood bank aspect of the operation. After several months wherein plaintiff clashed with co-workers and was repeatedly warned about her non-performance of her job issues, she was finally placed on a 90-day performance improvement plan. When plaintiff failed to improve her performance in conformance with the stated expectations of her supervisors, she was terminated. Plaintiff filed a lawsuit, claiming discrimination based on her national origin and retaliation. She alleged that she was treated differently than other employees because she was ethnic Chinese, and had been a Cambodian refugee. She also alleged that she had raised concerns regarding supposed safety violations, including submitting a complaint to outside accrediting agencies. Plaintiff filed her lawsuit in San Francisco County, where trial was held in June 2008. After a nine-day trial, the trial judge dismissed the discrimination claims outright, as well as certain other claims, leaving only the wrongful termination claim for the jury to decide. The jury returned a verdict in favor of Mercy Medical Center Redding, finding that Mercy had legitimate, non-discriminatory reasons for plaintiff's termination.

KJS and Margaret Englehardt Long tried the case on behalf of Mercy Medical Center Redding. Plaintiff appealed the jury's verdict, claiming legal error in the verdict form. The court of appeal upheld the jury's decision. KJS successfully argued the appeal on behalf of Mercy Medical Center Redding.

Michener v. Mercy Medical Center Redding: Plaintiff brought a claim for premises liability, alleging that he was injured after striking his forehead on a partially lowered security gate in the cafeteria at Mercy Medical Center Redding. The gate, which comes down from the ceiling, was apparently lowered such that the bottom was resting at approximately the level of plaintiff's forehead. He claimed that he did not see the gate because he was focused on a tray of food he was carrying to the cashier. Plaintiff alleged that as a result of hitting the gate, he recoiled backwards in such a way as to injure his lower back, severely enough to require surgery to attempt to alleviate severe back pain. Mercy demonstrated that plaintiff's striking of the gate was insufficient to cause any observable injury, as documented by nurses in the Emergency Department, where he was taken to be checked out; a Polaroid photograph of plaintiff's forehead, taken at the time, showed no injury or bruising. Plaintiff also had inconsistent accounts of the incident. Medical experts, including a biomechanist, established that plaintiff could not have injured his lower back as a result of the incident, and that he was not a candidate for surgery in any event. The jury returned a verdict in favor of Mercy Medical Center Redding.

KJS tried the case on behalf of Mercy Medical Center Redding.

Royse v. Phelps: Plaintiff worked as a day laborer on property located in Ferndale, California, that was owned by defendant Esther Phelps. The property was a former dude ranch, and had a large, 3-story home that Esther Phelps used for vacations, as well as for charitable purposes. Plaintiff was severely injured when he came in contact with a 12,000-volt power line while cleaning raingutters on the structure using a man-lift. Plaintiff suffered burn injuries requiring extensive reconstructive surgery, as well as some memory loss and other cognitive deficits. Plaintiff sued Esther Phelps and her husband, Jon; PG&E, which owned the power line; Don's Rent-All, which rented the man-lift to Mrs. Phelps' employees; JLG Industries, which manufactured the man-lift; Heartworks Studios LLC, which had been created by Esther as a charitable enterprise, but which, as of the time of the injury, was dormant other than holding title to the property; and other Phelps-related entities. Plaintiff sought multiple millions of dollars in damages from the various defendants.

KJS represented Jon and Esther Phelps. Through the course of the litigation, Jon Phelps was dismissed following a successful motion for summary judgment. Trial commenced in Humboldt County Superior Court in February 2009. After 13 days of trial, the trial court dismissed Esther Phelps following a motion for nonsuit, agreeing with Mrs. Phelps that she could not be liable in a civil action because she was found to be plaintiff's employer, and provided him with workers' compensation benefits. Trial continued as to the remaining defendants, which ultimately resulted in defense verdicts across the board. KJS tried the case on behalf of both Jon and Esther Phelps. Plaintiff appealed the dismissal of Jon Phelps, including a petition for review before the California Supreme Court. Plaintiff is currently pursuing appeals as to the remaining defendants, including Esther Phelps.