Notable Defense Results

Defendant commercial trucking driver was backing from a street into a driveway at a commercial bakery during the early morning hours. It was dark, and as the location was near the ocean, the fog had rolled in and served to obscure the vision of the plaintiff and defendant driver. Plaintiff, who was employed by United Airlines, was en route to work when he encountered the tractor trailer backing into the driveway. Based upon our reconstruction, he was traveling at approximately forty five (45) miles per hour when he applied his brakes. He locked up his wheels and skidded beneath (and through) the side of the trailer, peeling off the roof of his pick up in the collision event. Plaintiff suffered a closed head injury and demanded $10 million. On the eve of trial, after the deposition of all expert reconstruction and damage experts, plaintiff settled his claim for $67,500.00.

Defendant truck driver slams cart loaded with food into restaurant door, breaking hinges on door and striking restaurant manager who was located behind the door. The manager (33 years of age) was a seventeen (17) year employee of the restaurant and claimed permanent back injury and disability as a restaurant manager.

As the defendant driver pushed a two wheeled hand truck through the restaurant loaded with 250 pounds of product, he intentionally slammed into a refrigerator door behind which, unbeknownst to him, the plaintiff was standing. The force was of such significance that the hinges of this commercial refrigerator door shattered.

Pre-Trial demand of $500,000.00. Plaintiff asked jury for $1,000,000.00. At trial, the plaintiff’s doctor was confronted with an old chiropractic record reflecting a potential disc injury within one year prior to the incident. The doctor’s opinion was challenged and ultimately, during vigorous cross-examination, plaintiff=s chief medical expert actually changed her opinion on causation. The doctor could not offer an opinion on causation to a reasonable degree of medical certainty. The jury returned a defense verdict.

Defendant, a carrier for the disabled, was allegedly negligent in the operation of shuttle van resulting in a collision, causing plaintiff ( a passenger) to become wheelchair bound. Plaintiff demanded $500,000.00. The case settled at private mediation for $25,000.00.

An MTA bus being operated in the Palos Verdes area of Los Angeles County has an engine failure, causing a massive oil spill on the downhill stretch of roadway. The result was a six (6) car pile up with multiple plaintiffs suffering significant injuries. After an evaluation of the maintenance records, and an expert analysis of the failure mechanism, we were able to establish that the engine block cracked as a result of metal fatigue. Inasmuch as this was not predictable, and not a function of maintenance, the case was dismissed on summary judgment.

A 35 year old plaintiff claimed back injury in bus related accident. Ortiz Defendant bus driver ran a red light and collided with a vehicle resulting in injury to the vehicle driver and nine (9) bus passengers including one (1) passenger (Ortiz) who claimed to have undergone four (4) back surgeries as a result of the collision. All claims were settled except the claim of Ortiz which went to verdict.

Plaintiff claimed injury lead to three surgeries with multiple complications and life long infection. Liability was clear and established as against the Marquart Law Group’s client (a public entity, its lessee and driver).

At trial, Plaintiff presented medical bills in excess of $450,000 and future expenses in excess of $3,000,000. Plaintiff requested that the jury return a verdict in excess of $10,000,000. With an array of experts and a state of the art visual presentation and computer re-enactment, the jury was convinced by the Marquart Law Group that the full extent of the plaintiff’s injuries could not be attributed to the bus accident. The jury returned an award of 10,000. In light of pre-trial strategies and procedures, the court eventually awarded defendants costs: the result was an award against the plaintiff in excess of $25,000. Based upon a pre-trial offer of $600,000, this was deemed to be a complete and thorough victory.

Defendant’s driver backed over an elderly security guard with a 26′ refrigerated truck. Plaintiff sustained de-gloving injuries to the lower extremities. Plaintiff was hospitalized for 60 days resulting in medical bills in excess of $750,000. Plaintiff succumbed to infection and died. Suit was filed by plaintiff’s family, his estate, and by his employer. After nine months of litigation, the parties submitted to mediation before a respected retired jurist. The entirety of the claims (wrongful death, the estate and the worker’s compensation subrogation action for the medical bills) were resolved for the total sum of $200,000.

Plaintiff, a California Highway Patrol officer, was standing on the shoulder of the road writing a report concerning a suspected drunk driver. Defendant=s driver fell asleep at the wheel driving approximately 65 miles per hour. The defendant=s tractor trailer struck the officers=s patrol vehicle which in turn struck the officer throwing him 60 feet through the air. Plaintiff sustained multiple injuries including a torn rotator cuff and knee injury, both requiring surgery. The Marquart Law Group was retained before litigation and hired a team of investigators to conduct surveillance of the plaintiff. Plaintiff=s medical bills and wage loss exceeded $75,000.00. The entire case, including the employer’s workers compensation lien, was resolved for the sum of $115,000. The Marquart Law Group never released the results of the investigation and was able to convince the parties to engage in mediation before discovery was completed as against the defendant driver. (The driver had just returned from a suspension for sleeping on the job).

Plaintiffs, a father and son, were returning from work at approximately 3:00 am on an otherwise empty freeway. They were struck by a drunk driver from the rear causing them to gently spin around and come to a stop in traffic lanes without striking any object. Approximately ninety seconds later, as they gathered their wits, the defendant driver in a tractor trailer approached at a speed of 60-65 miles per hour. The driver admitted that he was not familiar with the area and was actually looking for an exit ramp when he looked up to see the plaintiff’s vehicle facing him. Despite his best efforts, he was unable to avoid the plaintiffs’ vehicle; he collided with it and the fully loaded tractor trailer rolled over the top of the car. While the plaintiffs were not killed, they suffered extensive injury including a skull fracture and compression fractures of the thoracic and cervical vertebra. The plaintiffs presented wage loss and medical bills in excess of $275,000. One week prior to trial, after having deposed the defendants’ accident reconstructionist, lighting expert and human factors expert, the plaintiffs settled their claims for the total sum of $335,000. The Marquart Law Group obtained a judgment as against the drunk driver in the amount of $335,000 and have now located an otherwise unknown insurance policy (through the co-signer on vehicle loan) and hope to recover a significant portion of the settlement funds.

Plaintiff was a long haul trucker working for the same company over a thirty five (35) year period. On the date of the incident, he was traveling through rural Inyo County in central California along Highway 395 en route to a company delivery. He was stopped in his lane of travel as a result of construction activity, with two additional vehicles stopped behind him. Defendant, while driving a tractor trailer delivering food product, spilled a soda while approaching the scene. He reached down to grab the spilled can, and when he looked back to the roadway, he noticed that traffic had come to a stop ion front of him. He swerved, but was unable to avoid a high speed collision with the third stopped vehicle behind Mr. McGarr. He careened off of the vehicle, and ultimately collided with the tractor and trailer operated by the plaintiff. The plaintiff’s vehicle was deemed a total loss.

Liability was undisputed. We challenged the action on injury causation and damages.

Plaintiff demanded in excess of $2,000,000, claiming $350,000 in medical bills and $750,000 in lost earning capacity. Through a detailed analysis of plaintiff’s accounting records, we were able to establish that plaintiff (a hard worker) drove an additional 100,000 miles during the year following the incident, before undergoing a cervical and lumbar fusion. The matter ultimately settled after two mediation sessions for the total sum of $650,000, a sum that included $55,000 in property damage to plaintiff’s vehicle.

Plaintiff was an electrical supervisor at Edwards Air Force Base, and ultimately in charge of the lighting for the various landing fields maintained at the facility. Plaintiff was an extremely likeable man, having been married for in excess of forty (40) years, and employed by the same company (Lockheed and its successors) for nearly fifty (50) years.

On the morning of the incident, plaintiff and his wife had breakfast at approximately 4:30 a.m., as they always did, before he left for work. Defendant, a commercial truck driver, was driving along California State Road 14 en route to a delivery in central California. He admittedly fell asleep and was involved in a single vehicle collision as he drifted off of the roadway and struck the bridge supports at an overpass. As a result of the collision, the defendant driver became dizzy and disoriented. His vehicle was disabled virtually destroyed and the trailer was occupying a portion of the number two lane.

It was extremely dark in this rural stretch of roadway. Other than the moon, there was no ambient lighting. There was no artificial lighting in the area. The defendant driver exited the vehicle, surveyed the area, and was preparing to place reflective devices on the roadway when the plaintiff, at highway speed, collided with the rear left corner of the trailer as he drove in the number two lane.

Plaintiff’s 1977 Ford pick up was totaled in the collision. Plaintiff suffered a direct blow to the head, was profusely bleeding at the scene, and was airlifted to the local trauma center. Plaintiff sustained multiple subdural hematomas and presented a viable claim for traumatic brain injury.

Through a detailed examination of plaintiff’s medical history and an exhaustive and all encompassing search of records at local hospitals, his employment physicals, and local medical facilities, we were able to find records reflecting that plaintiff had suffered from macular degeneration over the ten years preceding the incident. In fact, one record reflected that plaintiff was concerned that he would not pass his DMV license renewal examination.

After hiring an accident reconstruction and mechanical expert, we were able to establish that the wiring harness to the trailer lights remained intact following the incident, and the lights remained activated. Accordingly, our liability dispute surrounded the plaintiff’s inability to see the disabled trailer with it’s lights activated. Unfortunately, the defendant driver admitted that he failed to activate the emergency hazard lights.

Plaintiffs made a policy limits demand of $2,000,000, and at mediation increased their demand to in excess of $5,000,000. On the eve of trial, and at the second session of mediation, the case resolved for the sum of $500,000.

Plaintiff was a career Marine based out of Camp Pendleton. He was highly decorated having served in both Desert Strom and the Gulf War. Early in the morning of Saturday, November 24, 2007, plaintiff and his riding partner and fellow Marine, went on their standard 40 mile training ride along the coast in San Diego. While riding along Pacific Coast Highway in Solana Beach, in the designated bike lane, the plaintiff and his riding partner were cut off by a delivery truck operated by the defendant. The defendant driver made an illegal left turn across a painted island divider into the driveway of an adjacent restaurant. In making the turn, he failed to notice the plaintiff and his riding partner approaching from the opposite direction. Plaintiff’s riding partner was able to swerve and avoid colliding with the rear of the delivery truck. Plaintiff fully activated his brakes, but was unable to avoid colliding with the side of the delivery truck as it was “occupying” the bike lane as it moved into the driveway. Plaintiff fractured three vertebra in the cervical region, but fortunately did not suffer any paralysis.

The Marquart Law Group was retained before litigation commenced. Through the use of our investigators, we were able to obtain film of the plaintiff during the rehabilitation process. Ultimately, we filmed the plaintiff cutting his lawn. Through the use of social media websites, we were able to find photographs of the plaintiff and his wife on vacation, and participating in various bicycling events.

Plaintiff’s injuries were not in dispute. Liability was adverse to the defendant. Plaintiff claimed $98,000 in past medical, and future loss of earning capacity in the amount of $700,000. However, after rejecting demands of $1.5 million, the case was eventually resolved at mediation for the total sum of $300,000.

Plaintiff and his father were driving near their family home on a rural paved two lane highway. Within a mile of their home, on a stretch of roadway with which they were very familiar, they accelerated as they were being “tailgated” by an aggressive teenage driver. As they came around a turn, they partially crossed the center line and collided with the left side dual tire assembly on the trailer axle. The plaintiff suffered a fractures ankle; his father, the driver of the car, was killed instantaneously.

Plaintiff alleged that the defendant’s tractor/trailer had crossed the painted center divider while negotiating the tight turn. Plaintiff demanded $2.5 million from all of the defendants. The “teenage” defendant maintained $100,000 in liability limits.

The Marquart Law Group immediately retained a preeminent accident reconstruction firm to recreate the incident and “digitize” the accident scene. Through the use of police measurements and permanent gouge marks in the roadway from the incident, we were able to establish that the initial impact occurred in the defendant’s lane of travel.

Ultimately, the defendants settled for the sum of $20,000.