porter scott header image for cases of interest detail page

Cases of Interest

Personal Injury

Obtained defense verdict at trial in favor of the oldest national forklift manufacturer in an amputation claim. The case involved first impression issues concerning lateral turn-over and safety doors in stand-up forklifts.
Obtained a defense verdict in favor of a large national lawnmower manufacturer in a design defect allegation. Plaintiff was allegedly shot in the chest by a projectile from under the mower deck. Various experts testified that the accident could not have occurred in the manner Plaintiff alleged.
Obtained Summary Judgment for retailer client based on lack of evidence to sustain finds of actual or constructive notice.
Represented a maintenance contractor responsible for premises and building maintenance in a matter in which the Plaintiff tripped and fell down a staircase. The Plaintiff claimed over $250,000 in damages, including extensive hand injuries. Won a motion for summary judgment in favor of the client due to lack of notice and awarded costs against the Plaintiff.
Defended one of the world's largest international retail chains in an action filed by a shopper who allegedly sustained severe shoulder and neck injuries when boxes filled with merchandise fell on her in a shopping aisle. The case was resolved with no cost to the client as a result of tender of defense to the vendor/supplier.
Successfully defended a large national retailer in a false imprisonment/premises liability matter. Plaintiff was suspected of shoplifting and was asked to return to the store to identify the missing merchandise. At the client's request the case was settled for nuisance value in lieu of trial.
Obtained a defense verdict in favor of a large national lawnmower manufacturer in a design defect allegation. Plaintiff was allegedly shot in the chest by a projectile from under the mower deck. Various experts testified that the accident could not have occurred in the manner Plaintiff alleged.
Court granted Summary Judgment in favor of national pet store chain client, finding that the pet store was not negligent nor strictly liable for plaintiff's injuries related to attack by customer's dog.
Established 80% comparative responsibility on other parties at trial in matter where driver of major Sacramento-based trucking firm was found to have run over and killed a 45-year old primary wage earner and father of three.
Currently defending a large medical device manufacturer in a wrongful death claim alleging ventilator malfunctioned and failed to provide to oxygen to patient which ultimately led to the patient's death.
Bad faith case filed by 88-year disabled old landlord claiming coverage for tenant's vandalism. Landlord claimed covered for repairs. Insurance company denied claim under policy exclusions. At trial, held the claimed multi-million dollar bad faith claim to a mere breach of contract verdict for less than cost-of-defense settlement offer.
Sacramento congregation held charity auction in which an airplane ride was an auction item. Defended the congregation on a question of whether a duty was owed by the congregation against a wrongful death lawsuit filed as a result of an airplane crash. Congregation lost summary judgment in Superior Court, however Third District Court of Appeal granted writ to review the underlying decision. Case was settled for cost of defense pending further briefing by the parties.
Defended boat owner in wrongful death claim arising out of the carbon monoxide poisoning and subsequent drowning of small child who was sitting on the boat's swim deck without a life vest. Settled claim prior to significant litigation.
Obtained defense verdict following three-month jury trial in a claim for wrongful death of a six year old boy and serious injuries to his mother arising out of a freeway head on collision where one car left the roadway, crossed over and struck another vehicle heading in the opposite direction. Drivers of both vehicles sued client alleging a defect in the cross-over car which should have been caught during a routine servicing of the car. Established, through expert testimony, that there were no mechanical defects in the vehicle and that the cause of the accident was the error of the driver.
Obtained summary judgment in favor of large ready-mix supplier against claims of negligent creation of a dangerous condition made by plaintiff rendered paraplegic in a fall from height.
Successfully obtained dismissal in favor of retailer when a customer fell off a ladder designated for employee use only. Plaintiff spotted a ladder designated for employee use only, untied the ladder from a secure location, and climbed up the ladder to retrieve merchandise from the top shelf of a display, despite a sign instructing customers to ask for assistance with merchandise on the top shelf. Plaintiff fell off the ladder, and claimed the retailer was liable since the ladder created an “acknowledged temptation.” Porter Scott obtained a defense verdict at arbitration. Plaintiff asked the arbitrator for an award of $350,000.00. Plaintiff agreed to dismiss her case a few weeks after the arbitration award.
Porter Scott attorneys David Melton and Colleen Howard obtained a defense verdict for a retailer in a jury trial in the Sacramento County Superior Court. The plaintiff alleged that he was beaten by the store's loss prevention associates after a verbal altercation between the plaintiff and another customer had started inside the store.
Obtained summary judgment, which was upheld on appeal, on the basis of assumption of the risk when a participant in an arm wrestling competition at a local fair suffered a spiral fracture to the arm when competing against a much larger and more experienced opponent. The unsuccessful plaintiff was ultimately ordered to pay our client its costs incurred in defending the suit and the appeal.
Obtained a dismissal of action brought by a customer of a large local retail chain who claimed to have slipped in dog feces inside the store despite surveillance video which confirmed that there had been no animals in the store and nothing on the floor up until the moment of the accident.
Obtained summary judgment, which was upheld on appeal, on the basis of assumption of the risk when a participant in an arm wrestling competition at a local fair suffered a spiral fracture to the arm when competing against a much larger and more experienced opponent. The unsuccessful plaintiff was ultimately ordered to pay our client its costs incurred in defending the suit and the appeal.
Obtained a dismissal of action brought by a customer of a large local retail chain who claimed to have slipped in dog feces inside the store despite surveillance video which confirmed that there had been no animals in the store and nothing on the floor up until the moment of the accident.
Successfully negotiated settlement in a case involving a plaintiff who sustained an open book pelvic fracture when he collided with defendant while riding a motorcycle.
Obtained a defense verdict at trial where plaintiff accused a retailer of assault, battery, and false imprisonment after plaintiff was arrested for fighting in public.
Obtained favorable settlement against a defendant who negligently struck client’s vehicle in a parking lot, causing our client to sustain a broken wrist.

Cases of Interest by Practice Area