Outstanding Victory in Nevada
Congratulations to Anthony Garasi, Kerry O'Brien and the entire Las Vegas office for an outstanding victory at trial! The case involved a motor vehicle accident in which Plaintiff’s counsel asked the jury for a total judgment in the amount of $500,000.00, however, when the jury returned from deliberation they issued a verdict of $33,000 for one Plaintiff and $55,000 for the second Plaintiff as well as a 20% comparative liability determination. This is a great result and reflective of all the hard work Mr. Garasi and Ms. O'Brien put into this trial. Please join us in congratulating them!
Defense Verdict in the Face of $39 Million Award
Associate Troy A. Clark obtained a defense verdict after a ten day trial where Plaintiff was asking the jury for $39,936,868.72.
An 11 year old minor entered a marked crosswalk in the morning of November 22, 2011against a red traffic light. Plaintiff was rendered into a vegetative state as a result of the accident. Plaintiff incurred $1,752,582.50 in medical expenses as a result of the subject accident. Plaintiff sought $39,936,868.72 at trial.
Bremer Whyte was able to exclude Plaintiff’s liability expert prior to trial as well as several other key pieces of evidence that Plaintiff was intending to rely upon at trial. Bremer Whyte argued that the Plaintiff was the proximate cause of the accident by crossing against a red light. Every witness testified that Defendant did nothing wrong and that Plaintiff should not have been in the street. The jury deliberated for 1 hour and 15 minutes prior to returning with a Defense Verdict.
After 7 days of trial, Newport Beach attorneys Keith Bremer and Nicholas Kohan convinced the jury in Rodarte v. Alta Dena (LASC Case No. BC513096) to unanimously rule in favor of their client, Defendant Alta Dena. Mr. Rodarte alleged that he slipped on a banana peel in the parking lot of Alta Dena located in Whittier, California. It was undisputed that Mr. Rodarte suffered permanent and disabling injuries to his left leg. However, Mr. Bremer and Mr. Kohan convinced the jury to ignore the sympathetic Plaintiff and focus on Alta Dena's multiple thorough inspections of the area where the alleged incident occurred prior to the incident.
Congratulations to Mr. Bremer and Mr. Kohan on another victory for BWBO.
In a landmark case, Nevada Partner, Karen M. Baytosh represented the defendants in Columbia Channel Gold Mining Company v. Kubich Lumber Company. Plaintiff Columbia Channel Gold Mining Company claimed that timber harvesting performed for more than 15 years, violated California government regulations. Baytosh argued that, among other things, the California Fire Inspectors signed a Director's Certification for each timber harvest plan, which confirmed all work met the requirements of Forest Practice Act and the forest practice rules.
The jury ruled in favor of Ms. Baytosh’s clients, stating that the work was lawful, sparing land owners, licensed timber operators and professional Foresters throughout California from filing bankruptcy and having to pay millions in damages. Ms. Baytosh’s clients were also awarded over $600,000 in attorney’s fees. This is an exciting victory for both the firm and the industry. Congratulations to Ms. Baytosh for a job well done!
On the verge of trial, the United States District Court for the District of Colorado in Richardson v. DHS Drilling Company, et al. (Case No. 13-CV-01583-PAB) granted BWBO’s Motion for Summary Judgment and dismissed the case in its entirety. Plaintiff suffered a workplace accident that resulted in severe brain trauma and an above-the-knee amputation of his left leg. Plaintiff asserted that the client created a dangerous condition during the dismantling and relocation of an oil rig and alleged causes of action for negligence, premises liability and gross negligence/reckless endangerment. Plaintiff’s claimed damages were in excess of $2 million. Brandi Planet and Peter Brown successfully argued that the client did not owe Plaintiff any duty that would give rise to the alleged causes of action. After consideration of the evidence and legal authorities, the Court granted the Motion for Summary Judgment, a rare result in Colorado.
In only the second bedbug matter to be tried in Southern California, Newport Beach Partner Lanetta Rinehart, in association with Jason Wilson of Early, Maslach & Hartsuyker, obtained a defense verdict in Los Angeles Superior Court case entitled Seif v. Chariot Inn (EC059573). Professional poker player Mark Seif alleged that he sustained bedbug bites while staying at the Chariot Inn. During the eight days of trial, the defense aggressively attacked Mr. Seif’s lack of evidence that he encountered bedbugs at this hotel and showed that the Chariot Inn properly cared for their hotel at all times. The jury agreed with Ms. Rinehart and expressly found that the Chariot Inn was not negligent.
Congratulations to Ms. Rinehart, the firm and the Chariot Inn on this vindicating trial result.
After the Court diverted the case to Nevada’s Court-Mandated Arbitration program, Senior Counsel Anthony Garasi and Associate Michael Gianelloni received a complete defense verdict from the court-appointed arbitrator in Hutcherson v. Bush (Case No. A-13-676694-C). In this rear-end motor vehicle case, the defense successfully argued that the Plaintiff stopped for no apparent reason. The defense challenged Plaintiff’s credibility and the arbitrator acknowledged this lack of credibility, releasing Defendant from all liability for the collision. This decision adds to BWBO’s nearly perfect track record of dismissals and defense verdicts for these suspicious rear-end accident claims.
After 7 days of trial, the Los Angeles Superior Court in Long Beach, California in Albillo v. Ports O’Call Restaurant Corporation, et al. (Case No. NC044391) granted Newport Beach partners Keith Bremer and Joshua Bordin-Wosk Motion for Non-Suit. Plaintiff alleged that he tripped on a 2 inch depression located on a walkway on defendant’s premises. Plaintiff asserted and provided evidence that the walkway was a dangerous condition at the time of the incident. As a result of the incident, Plaintiff sustained a confirmed traumatic brain injury. Mr. Bremer and Mr. Bordin-Wosk successfully argued that Plaintiff had not met its burden of proof. Mr. Bremer and Mr. Bordin-Wosk argued that Plaintiff had not established that the defendant had the requisite notice of the alleged dangerous condition. After citing the appropriate legal authorities, the Court granted the Motion for Non-Suit.
An 18 month court battle culminated with Newport Beach Partners Nicole Whyte and Jeremy S. Johnson’s 5 day trial victory in Orange County Superior Court Case Edelberg v. Edelberg (Case No. 97D005041). After operating a company for nearly 10 years without a third director, the former wife of the firm’s client made efforts through her counsel to appoint a director of her own choosing to the company’s board. However, as part of their marital settlement in their divorce proceeding, the former spouses entered into an Operating Buy Sell Agreement to provide for the business’ future corporate structure. The Agreement provided a process for the parties to appoint a third director to the company’s board of directors. This process included a requirement that a director appointed under the Agreement be “impartial.” Nicole Whyte and Jeremy S. Johnson argued at trial that this was an attempt to install a person to purely serve the former wife’s individual interests in the company, to the detriment of her former husband. The Orange County Superior Court at the Lamoreaux Justice Center unequivocally agreed with Nicole Whyte and Jeremy S. Johnson and ruled the director at issue was biased, not impartial, and was disqualified from serving in any capacity on the company’s board.
After three and half weeks of trial, Newport Beach Associate Nicholas P. Kohan convinced an Imperial County Jury to rule in favor of the firm’s client in Merancia v. Enquist, et al. (Case No. ECU06599). This case involved a motor vehicle accident where the firm’s client rear-ended the Plaintiff. In order to avoid a credibility battle between Plaintiff and the firm’s client, Nicholas P. Kohan admitted negligence on the first day of trial and focused the defense on establishing that Plaintiff’s alleged injuries were all pre-existing as opposed to a result of the accident. The jury agreed as it deliberated for less than 45 minutes and return a 12-0 defense verdict.
Congratulations to Nicholas P. Kohan, the firm and the client on this trial victory.
The Village Nation Partnership - K-12
African American Parent Summit
American Youth Soccer Organization
Girl Scouts of America
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