Trial Results Archive

Nationally acclaimed trial lawyer, WSHB Partner Andrew Kessler, secured summary judgment in a matter pending in the Court of Common Pleas of Bucks County, Pennsylvania, in favor of our clients, a temporary staffing agency and one of the temporary employees that it placed with a third party company. Plaintiff, a 64 year-old married woman, slipped and fell entering a bathroom which had been recently mopped but for which no wet floor sign had been placed by the temporary employee. As a result of this slip and fall, Plaintiff sustained a fractured hip and significant injuries to her right shoulder and lower back. Plaintiff who was working at the third party company at the time of the incident had a workers’ compensation lien in excess of $350,000 and was claiming permanent injuries which had significantly affected her activities of daily living.

Andrew Kessler, WSHB’s newest partner in our Philadelphia office, has secured summary judgment in favor of his clients in a case in Monroe County, Pennsylvania involving the assault of a tenant’s guest at a party. Plaintiff, a social guest of the tenants, brought suit against Mr. Kessler’s clients, out of possession Landlords, after being viciously assaulted by trespassers at a party that the tenants were hosting. The trespassers, members of a local gang, “crashed” the party and then without provocation began to randomly assault other guests. During the assault, the gang members repeatedly kicked and punched Plaintiff in the head.

Following almost two years of litigation, the Fresno office of WSHB has obtained the dismissal of a firm client from two consolidated class action complaints. Both the Micheli and Flannery actions were filed in the Fresno County Superior Court and alleged that the City of Fresno and its contractors were responsible for adverse water quality throughout North East Fresno, damaging residents' plumbing systems. The proposed class would have included tens of thousands of homes. Our client was a contractor to the City that was alleged to have contributed to corrosion by failing to follow industry standards when installing water meters in thousands of locations. Following initial discovery, WSHB filed a motion for summary judgment arguing that none of the named plaintiffs could prove that our client had performed work on their property. The proposed class representatives therefore lacked both standing and evidence of causation. The motion further argued that under the case of Baltimore Football Club, Inc. v. Superior Court (Ramco, Inc.) (1985) 171 Cal.App.3d 356, 359, the named plaintiffs lacked standing to sue our client in a representative capacity.

In a wrongful death action, partner David Webster and associate Tudor Jones recently obtained summary judgment for our client, a large city in Northern California (the "City"). Plaintiff’s decedent lost control of his bicycle as he rode on a sidewalk through a narrowing underpass. Upon losing control, the decedent fell from the sidewalk into the adjacent roadway where he was struck and killed by a passing motorist. Plaintiff alleged that they City was negligent in its design and maintenance of a dangerous condition, the bicycle infrastructure, generally, on public property. The successful Motion for Summary Judgment was brought under Plaintiff’s failure to establish causation, a necessary element of the causes of action pleaded.

Following a four-day Binding Medical Malpractice Arbitration in Downtown Los Angeles, Los Angeles attorneys, Brian Hoffman and Michelle Birtja successfully defended a Medical Negligence and Loss of Consortium claim brought by Claimants against our client, a Surgery Center and co-defendant, a Pain Management Specialist. The Arbitrator issued a decision rejecting Claimants request for the application of the Doctrine of Res Ipsa Loquitor and found no evidence of a breach in the standard of care on the part of the Respondents.

Following a three and one-half week jury trial in Seattle, WSHB achieved unquestionable victory in a complex environmental exposure matter, involving a large, county-owned landfill. Partner Timothy Repass served as lead trial counsel, and successfully argued that the landfill operations and alleged fugitive gas emissions did not cause the impacts claimed alleged by multiple homeowners. Plaintiffs claimed inverse condemnation, nuisance, negligence, and other causes of action related to the failure of a landfill pipeline, and also alleged landfill operation deficiencies and fugitive emissions of landfill gas. Multiple homeowner Plaintiffs were represented by Brad Jones and Stephen Tan, and their respective law firms, out of Seattle. WSHB’s client was the sole defendant at trial.

In a commercial landlord-tenant subrogation action by the landlord and commercial business association’s insurer, partner David Webster recently obtained summary judgment for our client, The Wooden Duck, a long-standing furniture manufacturer and seller in Berkeley. The subrogation action followed a building fire that destroyed our client’s leased warehouse space and other property and personal property of three other entities. Plaintiff insurer issued a property damage policy to the Association that owned and maintained the common area building components and the landlord that leased space to our client. The successful Motion for Summary Judgment was brought under California’s case-by-case anti-subrogation law which provides that lessees cannot be sued for subrogation as deemed implied co-insureds under the policy based on specific language in the lease agreement.

On September 19, 2017, WSHB client Fetzer Vineyards received a resounding trial victory in a trademark action brought by Sazerac Company. In its lawsuit, Sazerac alleged that Fetzer Vineyards’ bourbon barrel aged 1000 Stories wine, which depicts a buffalo image, was confusingly similar to Sazerac’s Buffalo Trace bourbon whiskey, which also depicts a buffalo image. In a 35-page ruling, following a week long bench trial, U.S. District Court Judge William H. Orrick agreed with virtually every argument advanced by the defense, including that the Buffalo Trace brand lacked the requisite distinctiveness, that the two products are not confusingly similar, and that Sazerac failed to demonstrate any harm. “In the final analysis,” wrote Judge Orrick, “this case was not close.”

In a high-exposure personal injury case where Plaintiff asserted that one of the nation’s largest residential builders was liable for the defective design of an intersection in the City of Los Angeles, WSHB successfully obtained a dismissal on summary judgment, arguing that the builder did not control the intersection and was not responsible for its design.  

In a dangerous condition of public property claim, partner Greg Amundson recently obtained summary judgment in favor of the City of Long Beach. A motorcyclist that became paraplegic alleged that a traffic sign blocked the view of a driver, who pulled out in front of him when he entered an intersection. Amundson drafted the successful Motion for Summary Judgment on behalf of the City based on Government Code § 830.6, which provides public entities with design immunity. The successful motion was a joint effort with the City Attorney's Office against personal injury firm, Panish Shea & Boyle LLP.

Following a 28-day trial, a Los Angeles jury returned a defense verdict for a defendant professional property manager involving complex claims of bodily injuries and economic damages in a sewage and mold exposure case. Peter J. Burfening, Jr., of WSHB represented the defendant property manager.

Congratulations to our dedicated litigation team in Las Vegas! This most recent WSHB victory involved a plaintiff motorcyclist who sued our client, a well respected national security company, and its security officer (who was driving a company vehicle on a patrol route).

Following a two week arbitration in Maricopa County, Arizona, partner Greg Amundson successfully defended all claims sought by the owners of fifteen (15) single family homes in favor of the selling entity of an Arizona residential developer and general contractor. Specifically, the Arbitrator issued a decision which completely exonerated the seller from any liability for all of the claims.

Almost 2 1/2 years of litigation and more than four weeks of trial culminated in an unquestionable victory by Wood Smith Henning & Berman LLP in a complicated matter addressing riparian rights and liabilities along the Colorado River. In Bruncati v. Andrews, et al., WSHB attorney Graham B. Miller represented defendants Andrews Properties LLC, River Land LLC, and Billy Wayne Andrews, Jr. and obtained a verdict for less than 3% of the amount originally sought by plaintiffs, exposing them to a cost award that should mean a net judgment in favor of defendants.

In a closely watched case, a 12-person jury returned a complete defense verdict late Tuesday afternoon in favor of the City of Los Angeles Department of Water and Power ("LADWP") after determining that its Scattergood Generating Station in El Segundo, California, did not present a dangerous condition, despite Plaintiff's claim that he was exposed to asbestos dust from calcium silicate pipe insulation known as Kaylo 10.

In a closely watched dental malpractice trial, a 12-person Orange County jury returned a defense verdict in favor of WSHB’s client after deliberating for less than a day. Brian Hoffman, a partner at WSHB, led the defense team representing a dentist of a high profile dental implant practice. WSHB attorney Michelle Birtja assisted Brian in the two-week trial that was completed to verdict on September 25, 2015.

In a case involving the claims of a dangerous roadway condition causing paraplegia of a motorcyclist, a 12-person jury returned a nearly unanimous verdict in favor of County of Ventura after deliberating for less than four hours. WSHB attorney R. Gregory Amundson lead a legal team representing the County of Ventura in a 4-week trial which was completed to verdict on August 31, 2015.

In a scene cut straight out of a Hollywood movie, a tanker truck hauling 8,000 gallons of fuel caught fire on a Los Angeles Freeway.  The fully engulfed truck came to rest under a freeway overpass.  The explosive fire that followed completely destroyed the overpass and isolated numerous nearby businesses. The State of California filed suit against the truck owner, Van Dyk Tank Lines, seeking to recover the costs associated with re-building the overpass. WSHB was retained to defend Van Dyk and was able to settle the action for less than 50 cents on the dollar. As part of its investigation, WSHB discovered that the truck fire was caused by the defective design and installation of the interaxle driveline containing the U-joint.

In a highly publicized medical practice case, stemming from a 2009 hospitalization of an 89-year-old at St. John's Health Center, a jury of 12 reached a unanimous verdict on behalf of the hospital, finding no negligence.  In the original complaint, filed in 2010, causes of action were also brought for elder abuse and general negligence. After years of litigation, the matter proceeded to a two-week trial in the West District Superior Court located in Santa Monica.

A Ventura County jury returned a defense verdict in a nuisance and trespass case with multiple theories of liability which were fueling a whopping $8.9 million settlement demand.  WSHB trial lawyer Kevin Smith reported the jury took little time to return the defense award in this three week trial.

In a case involving the death of a construction worker by a 30,000 pound forklift in the Maricopa County Superior Court, a 10-person jury returned a defense verdict after deliberating only two hours. WSHB attorney led a legal team representing the forklift driver and his employer, in a 10-day wrongful death trial which was completed to verdict on June 24, 2014.

Following a two week trial, a Santa Monica jury returned a nearly unanimous defense verdict in a closely-watched products liability case involving complex claims of design defect and failure to warn, resulting in bodily injuries, economic damages, and claims for severe emotional distress before the Honorable Bobbi Tillmon. Wood, Smith, Henning & Berman LLP represented the lone remaining defendant in the case at the time of trial, Urban Motion, Inc.

In the largest SB 800 jury trial to go to verdict in California, Wood, Smith, Henning & Berman LLP obtained a resounding victory against 21 plaintiff homeowners in a closely watched construction defect dispute.  In the Boyd v Western Pacific Housing case, involving 21 single family homes located in Riverside County, WSHB trial lawyers Keith Smith and Gregory Amundson represented homebuilder Western Pacific Housing dba D.R. Horton America's Builder and secured a verdict that represents less than 14% of the cost to repair requested by plaintiffs at the close of trial.  The plaintiff homeowners were represented by Barry Vaughan, Esq. of the firm of Kasdan, Simonds, Weber & Vaughan.

After nearly two years of litigation and a 2½ week jury trial, a San Diego jury returned a 12-0 defense verdict in a habitability case involving claims of mold, vermin infestation and building defects. J. Paul Lewis with the law firm of Wood Smith Henning & Berman LLP represented the defendant.

On August 19, 2013, a jury in Modesto California returned a unanimous defense verdict after deliberating for only 25 minutes in a lawsuit filed under the Federal Employers Liability Act of 1908 ("FELA"), a statute enacted to protect railroad workers. The defense verdict was the second victory for defense team Kevin D. Smith with the law firm of Wood Smith Henning & Berman regarding the claims alleged by plaintiff, Brian Horton. Previously, Plaintiff had filed a claim with the Occupational Safety and Health Administration alleging wrongful termination, which was denied.

In a contentious professional liability jury trial venued in Orange County Superior Court, the Honorable David R. Chaffee entered judgment in favor of defendants at close of plaintiff's case. The jury trial lasted nearly a week and included complex facts and legal issues related to the conduct of an insurance broker engaging in solicitation and management of insurance for his clients.

In a landmark decision for the building and construction industry, the California Supreme Court handed down this morning a closely watched decision which addresses the hot issue of enforcement of arbitration clauses.  We are pleased for our developer clients who brought this appeal and proud of the impact this decision has for the entire building and construction industry.  Wood Smith Henning & Berman represented Pinnacle Market Development (US) LLC, Pinnacle International (US) LLC and Pinnacle Market Development (Canada), Ltd., in this litigation since its inception, initiating the underlying Motions to Compel Arbitration, drafted and argued the matter before the Court of Appeal, and assisted in the petition and substantive briefing as well as the oral argument before the California Supreme Court.

In a contentious personal injury jury trial in Orange County Superior  Court, a 12 person jury returned a verdict for a defendant shopping center owner and property manager in a personal injury action filed by Robin Agers, an employee of the Regency Movie Theater in Laguna Niguel that was struck by a vehicle driven by a movie theater patron and out-of-state driver, who settled out of the lawsuit before the trial began. Plaintiff was represented by Chris Purcell of Santa Ana. Defendants were represented by Greg Amundson of Wood Smith Henning & Berman's Newport Beach office.

In a landmark decision for the building and construction industry, the California Supreme Court handed down this morning a closely watched decision which addresses the hot issue of enforcement of arbitration clauses.

In the matter of Alfred Albano, et al. v. Shea Homes Limited Partnership, et al., the Arizona Supreme Court recently held that American Pipe and Construction Co. v. Utah, 414 U.S. 538 (1974), class action tolling does not apply to Arizona's Statute of Repose, Arizona Revised Statutes § 12-552.  The case was handled by Wood, Smith, Henning & Berman's Arizona office.  

Early this week, a Santa Monica jury returned a defense verdict in a closely watched case involving claims of catastrophic brain injury from alleged mold exposure. Plaintiff Steve White allegedly was exposed to mold while a tenant at a Simi Valley apartment complex.

On May 26, 2011, a Seattle jury returned a verdict in favor of one defendant (represented by WSHB) and against another in a case arising from demolition activities on a construction site. The plaintiff, a clothing wholesaler in a neighboring building, claimed damage to property and profits resulting from its high-end women's fashion inventory and samples being exposed to a large amount of dust. The source of the dust was contested.

An Alameda County jury just delivered a defense verdict in favor of an engineer/general contractor in a closely watched asbestos trial.  This two month trial is significant in that a jury exonerated the sole remaining defendant from any liability, despite evidence that the plaintiff, a prominent dentist, developed mesothelioma following exposure to asbestos fibers. The same jury rejected a claim for loss of consortium brought by the plaintiff's wife.

Late Friday, January 23, 2009, an Orange County Jury returned a unanimous defense verdict in favor of our client, Birdwell Holdings L.P.  Our client was sued by Hunt Investors for intentional interference with contractual relations relating to the failed negotiations to purchase an engine testing laboratory.  The co-defendant was Extengine Transport Systems, who also received a defense verdict.  Plaintiff initially sought millions of dollars in damages, which were significantly reduced during the trial due to successful motions in limine.

Kevin Smith received an overwhelmingly favorable jury verdict this afternoon in a wrongful death trial in Bakersfield, Silva v. Ortiz.   

Shea Homes was absolved of any liability for damages that a Stevenson Ranch family alleged had arisen out of mold  exposure in their home. Jurors in the closely watched personal injury suit returned a defense verdict for Shea, the nation’s largest private home builder, following a three week trial.