Thomas B. Cummings - Representative Cases Tried To Judgment
Myers v. Newport Mesa Unified School District
Claim of Dangerous Condition of School Property Ð Plaintiff was attempting to open a window in a classroom, which had been screwed shut by a maintenance person. Plaintiff struck the window with the back of his hand in an effort to open the window, not knowing it had been screwed shut. Plaintiff put his hand through the window, severing two nerves and causing permanent injury to his major hand. Defense of no dangerous condition if the window was used properly and no notice; Orange County Superior Court; Jury Trial. Defense Verdict.
Tinnirello v. Fluor Corporation
Claim of Dangerous Condition on Construction Site. Plaintiff, construction worker, slipped on a piece of plywood covering poured and placed concrete stairs, while descending the stairs. Plaintiff claimed back injury requiring multiple surgeries and permanent disability. The defense was based on no dangerous condition and plaintiff was the sole cause of his own accident. Pre-trial offer of $200,000.00; Orange County Superior Court; Jury Trial. Defense Verdict
Brendel vs. City of Garden Grove
Dangerous Condition of Public Property - Claim that public street was slippery, allowing plaintiff to rear-end another vehicle; plaintiff claimed that patching the street with a rubberized material to fill in cracks created the slippery condition. A reconstruction was done on the street, covering the entire street with the rubberized patching material and was videotaped. The testing conclusively proved the patching material did not create a slippery condition; Orange County Municipal Court; Jury Trial. Defense Verdict
Jayne vs. Grant & Roth
Product Liability Case - Claim of defective eye guard manufactured by defendant for use in racquetball; The eye guard the plaintiff wore was lensless eye guard. The plaintiff's racquetball partner hit a shot that traveled at high speed and struck the very center of the eye guard, causing the racquetball to compress and force its way into the eye guard striking the plaintiff's eyeball. Plaintiff contended that a lensless eye guard was a defective design and the only appropriate eye guard had a protective lens. Plaintiff suffered detached retina and loss of vision; Los Angeles Superior Court; Jury Trial. Defense Verdict
Tatum v. City of Garden Grove
Defense of Police Officers on Claims of False Arrest and Excessive Force arising out of a domestic relations dispute - three individual police officers were defendants in addition to City of Garden Grove. The police officers had to subdue two individuals with batons and the use of flashlights, resulting in physical injuries to the plaintiffs. The case was tried at the height of the Rodney King litigation against the City of Los Angeles , with the excessive force issues in the news on a daily basis. The defense included probably cause for arrest and reasonable force required to detain and subdue plaintiffs; Orange County Superior Court; Jury Trial. Defense Verdict
Doke vs. Bates-Lee
Product Liability - defendant manufactured children's' menu for a restaurant which contained an elastic band to make part of their menu into a visor. The elastic band with metal tips at the end was detached by a child who snapped the band and the tip penetrated his eye. Minor plaintiff had almost total loss of vision in one eye. In addition to the loss of vision, the minor plaintiff also had a cosmetic defect in the eye. Plaintiff's attorney contended the use of an elastic band with a metal tip on a product to be used by a child was inherently dangerous pre trial offer - $150,000.00; Los Angeles Superior Court; Jury Trial. Defense Verdict
Terry vs. Farmers
Claim of Bad Faith Claims Handling arising out of an uninsured motorist arbitration. The claims included delays and under-evaluation of the uninsured motorist claim, which did go to arbitration. The defense pointed out that plaintiff had not been forthcoming in providing necessary information to evaluate and adjust the claim and that any delays, therefore, were due to the conduct of the plaintiff and not the claims handler; Orange County Superior Court; Jury Trial. Defense Verdict after approximately ten (10) minutes of jury deliberation.
Priestly vs. Lang
Automobile Accident - Defendant made left turn in front of plaintiff. Plaintiff was an excellent witness, had ongoing physical complaints of injury, although they were primarily subjective in nature. The insurance policy limits were only $50,000.00 and the plaintiff's attorney did make a policy limits statutory demand, so the case presented as one with exposure above the policy limits on a case of adverse liability. Orange County Superior Court; jury trial. Plaintiff Verdict of $27,000.00 which was below statutory offer of $32,000.00. In a post-trial motion, the verdict was further reduced by the amount of costs and expert witness fees incurred in the defense.
Phelps vs. Estate of McCarthy
Defamation Suit by 3 automobile sales managers at McCarthy Buick, who were fired by the owner - owner was alleged to have made statements that all three were thieves and liars. Owner had died before case went to trial. Owner had a volatile history of firing other sales people and making other similar comments. The dealership had a high turnover of sales personnel due to what could have been viewed as arbitrary and capricious decision making by the deceased owner. Because owner had died, the owner was unable to defend his own conduct; Orange County Superior Court; Jury Trial. Defense Verdict
Estate of Batman vs. Weaver
Wrongful Death and Personal Injury lawsuit - defendant owned an antique cannon - decedent packed the cannon with gun powder stored on the defendant's premises in order to discharge the cannon on New Year's Eve - cannon was approximately 300 years old and exploded into multiple pieces, killing decedent and injuring a minor child standing nearby. The decedent died by virtue of having both legs dramatically amputated and by being disemboweled in the explosion of the cannon. Pieces of the cannon penetrated the walls of neighboring houses. The minor plaintiff was struck by several pieces of the cannon and witnessed the traumatic injuries to the decedent; Orange County Superior Court; Jury Trial. Defense Verdicts on both wrongful death action and personal injury action.
Jeanmarie vs. Otis
Claims of Racial Discrimination - Defendants owned and managed an apartment complex and rented to, then later evicted an inter-racial couple. Claims included violations of the Federal Housing Act, Civil Rights violations and claims of violation of the State Fair Housing laws. Plaintiffs attempted to claim that the reason for their eviction was due to the prejudice of the on-site manager against an inter-racial couple and for no other reason. The defense was required to prove the lack of prejudice on the part of the on-site manager and reasonable business decisions as the basis for the eviction. The trial lasted one month; Orange County Superior Court; Jury Trial. Defense Verdict
GAB vs. Lindsey & Newsom Claim Services
Plaintiff independent insurance adjuster sued defendant who is also an independent insurance adjusting company - defendant had hired 18 of plaintiff's employees who believed their jobs were in jeopardy through downsizing - plaintiff contended the departing employees took trade secrets and engaged in acts of unfair competition - pre-trial demand was $7,000,000.00 - damages claimed at trial for loss of income were in excess of $19,000,000.00 - trial lasted 13 weeks; Orange County Superior Court; Jury Trial. Defense verdict on 8 separate causes of action by vote of 12 - 0. Jury deliberation time was approximately 2 hours. The matter was appealed. The Appellate Court affirmed in part and reversed in part.
Allstate v. Smith
Fire damage lawsuit. Plaintiff Allstate sued Southern California Edison and clients Margaret Mee and Jean Smith. A palm tree on the Smith/Mee property made contact with an Edison power line in high wind conditions, causing sparks to fly on roof of Edison insured, causing damages of some $220,000. Edison settled with Allstate for $165,000 and sued clients for contribution in the amount of $82,500. Trial lasted two weeks Orange County Superior Court; Jury trial. Defense verdict by vote of 11 to 0
Capone v. Harbor Econo Lube N Tune
Auto v. motorcycle accident. Defendant admittedly at fault 100%. Plaintiff had certain undisputed injuries, primarily soft tissue neck and back injuries. Plaintiff claimed a head injury which was highly disputed, along with claimed seizure disorder, personality and memory problems and other head injury-related problems. Plaintiff also claimed a nose injury requiring removal of a previously-installed nose prosthesis. Plaintiff claimed facial scarring to the nose and chin from the subject accident which was disputed. Defendant called five medical expert witnesses to rebut plaintiff's multiple claims. Pretrial demand was $1,000,000, representing defendant's policy limits. Pretrial offer was $200,000. Trial lasted two weeks; Orange County Superior Court; Jury trial. Plaintiff verdict for total of $32,740 economic damages and $31,200 non-economic damages, for a grand total of $63,940 total damages. Jury deliberation time was approximately two hours.
Smith v. Johnson
Claim of civil rights violations, litigated in Federal Court. Plaintiff and defendant were neighbors. Plaintiff has claimed harassment by defendant against plaintiff, and claimed that defendant engaged in a conspiracy with the Laguna Beach Police to violate plaintiff's civil rights. Plaintiff claims he was falsely arrested on one occasion. Pretrial demand initially was $750,000 as to defendant, a co-defendant and the City of Laguna Beach. The demand was lowered to $75,000 immediately before trial. Trial was 10 days in Federal District Court; jury trial. Jury deliberation time was approximately two hours. Defense verdict by a vote of 7 to 0 was returned for all defendants.
Davoodi v. Turtle Rock Pointe Homeowners Association
Plaintiff's claim of property damage due to roof leaks/water intrusion in El Nino storm. Plaintiff claimed defendant homeowners association had notice of prior roof leaks and failed to repair the leaks. She claimed $106,000 for property damage to furniture and clothing, as a result of water intrusion. Water did intrude into plaintiff's house through the chimney, however, plaintiff discarded both furniture and clothing before any could be inspected, claiming total and complete damage. Pretrial demand was $85,000 to the homeowners association. Trial lasted five days; Orange County Superior Court; Jury trial. Jury deliberation time was approximately two hours. A defense verdict by a vote of 12 to 0 was returned.
Stiller v. Roberts
Plaintiff sued client for assault, battery, intentional interference with his employment as a security guard and conspiracy for wrongful termination, among other theories. Plaintiff was a security guard at a gated homeowners association. Plaintiff had been allowing unauthorized access to the community over a period of time. The events involved in the lawsuit occurred when plaintiff and defendant had a discussion concerning rule enforcement. Defendant's car door was partially open as her driver's door window did not operate. Plaintiff contended that defendant intentionally closed the car door on him, causing physical injury. Defendant denied that allegation. Plaintiff also contended that defendant contacted his employer and demanded his termination. Plaintiff in fact was terminated three days after the incident for violation of company rules. Defendant denied being involved in the termination. Plaintiff's pretrial demand was $50,000. Trial lasted six days; Orange County Superior Court; Jury trial. Jury deliberation was approximately five hours. The jury returned a verdict for plaintiff of $15,000, concluding that defendant's car door inadvertently made physical contact with plaintiff causing minor injuries. The jury rejected the claim of wrongful termination or interference with his employment.
Bill v. Warino
Plaintiff consolidated two rear-ender lawsuits for trial. Defendant Warino was involved in the second accident. The second accident was a very minor impact with no property damage to defendant's car and very minimal damage to plaintiff's car. Plaintiff claimed temporomandibular joint problems as well as neck and back injuries. The TMJ injuries were the major component of plaintiff's claims. She eventually underwent two surgical procedures to the right jaw joint and two surgical procedures to the left. She claimed permanent TMJ problems. Past medical billing was claimed in the amount of $80,000.00, $23,000.00 occurring before the second accident and $55,000.00 occurring after the second accident. The plaintiff claimed approximately $15,300.00 in future medical billing. Trial lasted eight days; Orange County Superior Court; Jury trial. The jury deliberated approximately six hours and returned a verdict against the defendant in the first accident in the amount of $317,427.00. The jury verdict against defendant Warino for the second accident was $20,331.00.
Haynes v. Morrow
Plaintiff was passenger in SUV driven by Defendant Morrow. Defendant Morrow was traveling on surface streets at up to 80 miles an hour, swerved to pass a slow moving vehicle and rear ended a parked mobile home. Defendant was 100% at fault. The airbag deployed on the passenger side, but plaintiff suffered a head injury and was unconscious for several days. Plaintiff claimed brain damage consisting of loss of ability to communicate as well as the loss of the ability to do critical analysis or even retain basis instruction. Plaintiff claimed loss of earning capacity of over $500,000.00 and medical bills of $64,000.00. Plaintiff was age 21 at the time of trial; Orange County Superior Court; Jury trial.
The plaintiff attorney asked for $1,800,000.00 in argument. The jury awarded $150,000.00 in non-economic damages and $164,920.00 in economic damages.The net verdict after application of the 10% comparative fault to the phantom driver was $301,920.00.
Avina v. Macias
Specific performance, conversion theories, breach of contract and property damage. Plaintiffs sued clients, (their aunt and uncle) over a claimed sale of the aunt and uncle's family residence; plaintiffs occupied the residence for several years but breached the purchase agreement and were evicted by defendants, who reclaimed the premises; plaintiffs claimed property damage to their personal property items that were removed from the house; Orange County Superior Court; Jury trial. Pre trial demand was $70,000. Court granted non-suit on specific performance theory and breach of contract. Jury verdict of $2,470.00 for property damage.
Southdown, Inc. v. BRD, Inc. dba Nu West Fabrication & Rubber Supply
Contractual indemnity in which Southdown sued client BRD, Inc. to attempt to recover a $2 million dollar settlement it had paid to a plaintiff who was badly injured in an electrical incident on Southdown property; Defendant was present on the property where the electrical incident occurred for a very short period of time dismantling equipment; while electricity to the Southdown property was supposed to have been de-energized, that did not occur and a buried underground residential distribution switch remained hot on part of the property; the injured plaintiff came in contact with the switch and received approximately 12,000 volts of electricity; Southdown claimed it was entitled to contractual indemnity from BRD, Inc. based on a one-page document that it had all vendors sign who came onto its property to perform work; Los Angeles County Superior Court, Pomona Branch; Jury trial. Defense verdict after approximately one hour of jury deliberation.
Gunther v. Chapman Plaza
Claim by wheelchair bound plaintiff for violation of the Americans with Disabilities Act. Plaintiff claimed counters in defendant's store were too tall for him in his wheelchair. The defense showed that a desk height work station was available for plaintiff to use, however, plaintiff stated he never looked for such a work station when he entered the store and that defendant was obligated to have someone point the desk out to him; Orange County Superior Court; Jury trial. Jury verdict by vote of 12 to 0 in favor of defense after one half hour of deliberation.
Reddy v. Montagu
Our firm represented plaintiff landlord in unlawful detainer action against tenant obligated to pay $6,000.00 a month for a custom house. Tenant claimed habitability issues as an excuse for non-payment of rent. In the representation of plaintiff landlord, the evidence showed that any claimed defects or problems at the rental house did not involve issues of health and safety, and therefore did not raise a habitability defense; Orange County Superior Court; Jury Trial. Jury Verdict by vote of 12 to 0 in favor of plaintiff landlord.
Estate of Kim
Our firm represented proponent of will in a will contest action. Proponent was long time girlfriend of decedent. Decedent left his entire estate to long time girlfriend, excluding his three daughters completely. Issues were raised concerning forgery, testamentary intent and undue influence. The will used a name for the decedent, which the decedent had never used during his lifetime and referred to the long time girlfriend as spouse although they had never married. The three daughters challenged the nature of the relationship between decedent and the girlfriend/proponent of the will, claiming decedent did not have any strong relationship with the girlfriend and never would have left everything to the girlfriend; Los Angeles Superior Court; Court Trial; 5 day trial. Order issued by court in favor of long time girlfriend/will proponent, ordering the will to be received into probate. The court wrote a 30-page minute order summarizing the evidence, finding in favor of client.
Doan v. Nguyen
Assault and Battery claim arising out of a shoving incident during a tennis match. Plaintiff eventually jumped in the way of defendant and challenged defendant to hit plaintiff. Defendant pushed plaintiff who fell to his knees. A second pushing and shoving event resulted in plaintiff again being pushed to the ground but suffering no injuries. Plaintiff had one doctor visit and no loss of earnings. Pre trial demand $15,000.00; Orange County Superior Court; jury trial. Jury returned verdict in favor of plaintiff for $1. Jury found malice on the part of defendant, but awarded zero dollars for punitive damages.
Antonova v. Duringer
Malicious Prosecution lawsuit against Attorney-Client who prosecuted an unlawful detainer action against plaintiff. Plaintiff vacated the rental property during the course of the unlawful detainer action, which was later dismissed without prejudice. Plaintiff contended the dismissal allowed her to be considered the prevailing party for the purpose of a malicious prosecution action; Los Angeles Superior Court; 21 day jury trial. Jury verdict by 12 to 0 in favor of defendant after jury deliberated for approximately 3 hours.
Pham v. Davis
Plaintiff sued clients for breach of contract on construction of triplex; clients defended and cross complained against Plaintiff for construction defects consisting of multiple water leaks. Clients paid Plaintiff $451,000.00 to build a triplex, which took approximately four years to complete; Orange County Superior Court; Court trial; 6 day trial. Defense verdict on PlaintiffsÕ claim against clients. Judgment in favor of clients on cross complaint for $45,000.00 plus costs.
Sparks Property Investment v. Mission Career College
Representation of Plaintiffs Landlord suing a commercial tenant for breach of a commercial lease. Mission Career College entered a 5 year lease with client in order to provide vocational training classes on various subjects. Defendant chose to vacate the premises with approximately 40 months remaining on the lease obligation. The defendant contended that the plaintiff landlord was obligated to take the lead in getting a certificate of occupancy for the rented premises, however that obligation belonged to the tenant and not the landlord. Landlord attempted to assist tenant in obtaining the permit, however tenant did not cooperate with the landlord. Riverside County Superior Court; 4 day court trial. Total judgment is $299,254.00.
Hopkins v. Guerrero
Representation of plaintiffs suing a real estate developer on theories of fraud, breach of fiduciary duty and breach of contract. Defendant made misrepresentations to plaintiffs concerning the status of a potential development project, encouraging plaintiffs to invest $100,000.00 in a project that had not been awarded to the defendant. Defendant had not complied with a variety of obligations to provide information to the public entity that considering the project. When plaintiffs invested $100,000.00 with developer defendant, the 1-page agreement indicated that the developer defendant would return the $100,000.00 if no final partnership agreement was reached between the parties. As no development was ever awarded to the defendant, and no partnership agreement was reached, plaintiff sought a return of their $100,000.00 and defendant refused. Los Angeles County Superior Court; 5-day court trial. Judgment in favor of client plaintiff for $100,000.00, plus $5,000.00 punitive damages, pre-judgment interest and sanctions previously awarded. Total judgment in the amount of $126,072.19.