Offices in Mission Vallley, El Cajon & Chula Vista

Case Results

 

$7,500,000.00 Jury Verdict to Motorcyclist for Pain and Suffering

Attorneys Nicholas C. Rowley and Courtney Yoder, working together with attorneys Howard Kitay and Kimberly Barrows, obtained a jury verdict of over 7.5 million dollars in El Cajon Superior Court on December 16, 2011.

The Plaintiff was an active duty sailor, 23 years old at the time he was injured. He had been married for one month and was about to leave on Westpac. He was driving his Harley Davidson motorcycle to work at the Submarine base in San Diego.

A shuttle van from a local auto dealership turned left in front of the motorcycle. The motorcycle struck the side of the van. The Plaintiff was thrown forward and hit his groin on the handlebars; he broke his pelvis and smashed his testicles. As a result of the collision, Plaintiff, now 27, has permanent injuries. He incurred $43,000.00 in medical bills and lost $10,000.00 in wages.

Plaintiff's lawyers argued that the shuttle van violated Plaintiff's right of way and was 100% at fault. The Defendant corporation hired an accident reconstruction expert who testified Plaintiff was speeding and not paying attention, and the collision was Plaintiff's fault. The defense also argued Plaintiff's injuries were exaggerated.

After a two week trial, the jury determined the corporate auto dealership was 100% at fault, and awarded Plaintiff $53,000.00 for medical bills and lost wages, and 7.5 million dollars for pain and suffering.

 

$220,000.00 Jury Verdict For East County Man Injured When Car Turns Left in Front of Motorcycle

Attorney Howard Kitay obtained a $220,000.00 jury verdict for a Portrero man who was injured when a car turned left in front of his motorcycle. Mr. Kitay's client sustained a mild traumatic brain injury and an injured hand.

 

The insurance company for the driver of the car insisted the motorcyclist was speeding, and that the crash was the motorcyclist's fault. The driver of the car denied any fault for the crash.

Howard Kitay filed suit in El Cajon Superior Court. The driver of the car continued to deny fault for the crash. At trial, Mr. Kitay presented expert testimony demonstrating the motorcycle was not speeding, and that the driver of the car failed to look before turning. After a five day trial, the jury found the defendant was negligent, and rendered a verdict for Mr. Kitay's client in the sum of $220,000.00.

 

 

$87,000.00 Settlement: 64 Year Old National City Woman Trips on Hole in Front of Market.

 

A 64 year old National City woman was exiting her local Albertson’s Market when she tripped on a hole in the sidewalk in front of the store.  She fell directly onto her left elbow and knee. 

Although injured, the woman waited 75 days before going to a physician.  When she finally went to her doctor complaining of painful clicking and swellling in her left knee, her doctor ordered an MRI.  The MRI revealed linear tears of the anterior horn of the lateral meniscus and the posterior horn of the medial meniscus.

 

Her doctor recommended arthroscopic surgery of the left knee.  Surgery was scheduled.  

Finally, the National City lady underwent arthroscopy, chondroplasty and arthroscopic lateral release of the left knee.  She later underwent physical therapy, which consisted of electrical stimulation, hot packs, manual therapy, therapeutic exercises, and ultrasound

On completion of treatment, her condition was much improved, with little residual pain.  Her medical bills totaled approximately $19,000.00.

 

Attorney Kitay demanded $130,000.00 to settle the case.  Albertsons denied liability, saying the National City lady should have seen the hole and that it was her own fault for tripping over it.  They offered nothing.

 

A lawsuit was filed.  Albertsons employees were deposed.  It came to light that Albertsons was aware of the hole, and had, in fact patched the hole, only to have the patch come lose.  Attorney Kitay retained an engineering expert to establish that the repair job was inadequate, that Albertsons knew the patch had come loose, and that the hole represented a dangerous condition on Albertson's property.

 

In light of this new information, Albertsons returned to the bargaining table.  Although they never admitted liability, Albertsons agreed to settle the case for $87,000.00.

 

Foot Run Over by a Friend

$100,000.00 Settlement: 29 Year Old Woman's Foot Run Over by a Friend.
Attorney Howard Alan Kitay obtained a $100,000.00 settlement for a 29 year-old San Diego woman whose foot was run over by a friend.  The incident occurred when she was getting into the backseat of her friend's car; thinking the woman was already in the car, the friend started the vehicle and ran over her right foot and ankle with the rear tire.

The injured woman went to Urgent Care.  She was x-rayed, diagnosed with a fracture, and her foot was placed in a cast.  She obtained treatment for ongoing pain over a two-year period.  On completing treatment, her medical bills totaled approximately $12,500.00; despite the treatment, she continued to experience occasional foot pain.

Attorney Kitay requested $100,000.00 to settle her claim; the insurance company offered $50,000.00.  A lawsuit was filed and depositions were taken.  Finally, shortly before trial, the insurance carrier capitulated and agreed to settle for the original demand: $100,000.00.

 

Settlement: $7,500.00 for Slip and Fall at PetSmart 

 

A 35-year-old Santee woman was shopping in her local PetSmart, when she slipped and fell in water, landing on her left buttock and left hip.  She went to her doctor and was diagnosed with a left hip contusion.  She was prescribed pain medication.

 

The left hip pain began to radiate into her thigh, and she sought treatment from a chiropractor.  She received chiropractic for six weeks, which significantly alleviated her pain.  She was discharged from treatment and given exercises to perform at home.  Her medical bills totaled approximately $2,000.00.

 

PetSmart denied liability, claiming they had no notice of the water on the floor, and therefore could not be held responsible. 

 

When a person slips and falls on water in a store, the injured person has the burden of proving (1) she slipped and fell in water on the floor; (2) she was injured when she fell; (3) the water had been on the floor long enough for the store to have discovered it; and (4) despite ample time to learn of the water on the floor, the store failed to discover and clean up the water (or properly warn of the danger).  

 

If the injured party cannot meet this difficult burden of proof, the store cannot be held responsible for her injuries.  There is, however, an important exception to this rule: if the store is actually responsible for the water being on the floor, the injured party does not have to prove the store had notice of it. 

 

In this case, it was impossible for plaintiff to prove how long the water had been on the floor.  Attorney Kitay conducted an investigation and learned another customer had purchased a goldfish just before plaintiff fell.  That goldfish was in a bag of water, and the bag containing the goldfish had leaked water onto the floor.   

 

Seizing these facts, attorney Kitay argued the store had actually created the dangerous condition by selling a leaky bag.  Attorney Kitay proceeded to negotiate a settlement for his client of $7,500.00.