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SAMPLE OF PERSONAL INJURY CASES MEDIATED BY LINDA BULMASH, ESQ.

VEHICLE

Wrongful Death of Child Struck While in Cross-walk: A 5 year old male child was struck and killed while in a marked cross walk near park where decedent and siblings were playing. Accident was witnessed by grandparents and siblings. Parents came upon accident while paramedics were attempting to save child. Defendants alleged negligent supervision by grandparents.

Head-on Collision: A 60 year old female Plaintiff suffered serious back and neck injuries when Defendant crossed over center line on mountain road and crashed head-on into Plaintiff. Plaintiff's and Defendant's cars were totaled. Plaintiff spent over two years in treatment and recovering from numerous surgeries and fusion to relieve constant neck pain. Plaintiff is permanently unable to turn her head and may require future back surgeries.

Motorcycle Accident: Plaintiffs, husband and wife, suffered serious injuries when defendant's mattress fell off the back of its truck landing in the number 4 lane of the freeway. Plaintiffs were behind the truck on their motorcycle, could not avoid the mattress and collided with it. They landed over seventy feet from the mattress. Plaintiff husband was unconscious and suffered a broken clavicle, facial, chest, hand and leg abrasions. Plaintiff wife suffered injuries to her hands, wrists and knees requiring surgery. Plaintiff husband is a motorcycle officer and was out of work for three months.

Rear-End Collision: A 28 year old Plaintiff was slowing for red light and traffic when he was rear-ended by Defendant who was traveling at a significant speed. The were no skid marks or any other indication that Defendant attempted to slow down or stop. The impact caused the air bag to deploy. Plaintiff suffered neck and back injuries, concussion and fractured left wrist.

Bicycle/Car, Wrongful Death: Defendant, 68 years old, was driving a small van on a mountain road. He pulled into a rest area for approximately 15 minutes. The rest area was near a blind curve on the highway. When he was ready to leave, he pulled out of the rest area at a high speed, striking and killing a 22 year old male bicyclist coming around the blind curve. Decedent's parents demanded $75,000 in excess of $100,000 policy limits. Insurer offered policy limits of $100,000.

PREMISES LIABILITY

 Failure to Warn of Dangerous Condition: A 5 year old boy was accompanied to a water slide park by his parents. The parents took the child down the water slide without problem. The park had posted a warning sign that children must be of a certain height to go down the slide by themselves. The sign was partially obscured by trees and leaves. The child was tall enough to go down the slide by himself. With his parents watching, as he slid down the slide, his body twisted and he hit the water at an angle that caused a severe whip lash type injury to his head and neck. He suffered a stroke and permanent partial paralysis of his left hand, arm, and leg. Defendant argued that they had provided sufficient warning and that the parents were negligent in allowing such a young child to go down the slide by himself. Plaintiff argued that the park did not warn of dangers of whiplash and limited use of slide only as to height.

Wrongful Death: Parents brought a civil suit resulting from the death of their 16 year son who was stabbed 15 times by a group of 5 boys of another nationality outside a home party in an affluent neighborhood. Only one defendant actually used the weapon and was sentenced to life imprisonment. The other defendants received reduced sentences. Complex settlement arising from limitations on parental exposure for acts of children and issues of premises liability.

Assault and Battery/False Imprisonment by Private Security Guards: Plaintiff argued that he entered Defendant's department store to purchase a mattress pad for his cancer stricken wife who had just come home from the hospital. He parked his car at a meter just outside the store and left his children in the car. He picked up the large mattress pad and got into line to pay for it. As the line was very long, he went to the door, stepped outside to check on his children and tell them he would be out soon. Two plain clothes Department store security guards jumped on Plaintiff, wrestling him to ground a couple of feet outside the entrance to the store, causing cuts, bruises and a broken wrist. His two small children were waiting in his car and saw their father being attacked. Two independent witnesses who saw the attack called the police in an effort to help the Plaintiff. Defendant argued that the security guards quietly approached Plaintiff, that they asked him to come back into the store with the merchandise, and that Plaintiff refused and started walking away.

Slip and Fall: A 55 year old Plaintiff walking down an uneven flight of stairs in an old restaurant tripped and fell down the last five stairs. Plaintiff alleged the lighting was inadequate, the stairs were uneven and not up to code, and the carpet was warn and frayed. Plaintiff suffered neck and back injuries, a dislocated knee and a broken femur.



1900 Avenue of the Stars, Suite 250 • Los Angeles, CA 90067-4303
(800) 558-ADRS • (310) 201-0010 • Fax (310) 201-0016
www.adrservices.org


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