Toxic Tort/Environmental

• Represented a subcontractor in a case brought by a dying 44-year-old man and his wife. The man claimed exposure to asbestos from products installed by the client. The product liability claim was defeated on a motion for nonsuit. The negligence claim was defeated by a defense verdict.
• Provides national counsel services for a manufacturer of chemicals for the print industry. A federal action was brought against the client in Mississippi, claiming that a woman who worked in a printing shop died as a result of acute lymphocytic leukemia, allegedly as a result of exposure to benzene claimed to be present as a contaminant in products to which she claimed exposure. Working with local counsel, motions were brought to exclude the testimony of plaintiff's primary liability expert and for summary judgment. The federal judge agreed that the expert could not express his opinions at trial, and as a result, summary judgment was granted.
• Represented client retail store in a trial brought by a man dying of the cancer called mesothelioma. The plaintiff claimed that his disease was a result of exposure to asbestos from products sold by client. After a six-week trial, the jury unanimously returned a defense verdict in favor of client.
• Represented a manufacturer of airplane parts against a claim of silicosis from some of the sand used in the process. The case was litigated in Federal Court, and a jury trial resulted in a defense verdict based on the Mississippi statute of limitations.
• Defended client corporation in a trial in which plaintiff claimed that he was dying from the cancer known as mesothelioma. The jury found unanimously for client corporation, finding that it was not negligent, nor was it liable under product liability theories.

General Liability

• Represented a medical clinic against a medical malpractice claim brought by a patient of the clinic. The patient claimed that an intrauterine device (IUD) was negligently implanted in her uterus for birth control, and the IUD then perforated her uterus and had to be surgically removed. Refusing to accept the claim of negligence, the clinic aggressively defended the case and took it to trial, resulting in an involuntary dismissal of the case in favor of the clinic.
• Defended a premises liability action on behalf of an international movie star. The suit was brought by a man who was injured in a fall at the property. The pre-trial demand was in seven figures, with a reduced demand during trial in the mid-six figures. The verdict came in at less than 50% of the lowest demand ever received.
• Defended a personal auto case involving claimed back and neck injuries to a retired Pro Bowl football player from the former Los Angeles Rams. The plaintiff had back surgery. The case resulted from a rear-end auto accident, in which liability was admitted. The defense was based on the lack of credibility of the plaintiff, who claimed that he had never had back or neck problems before. The jury awarded the plaintiff economic damages for his past medical expenses and lost earnings in the amount of $159,362, but because of the lack of credibility, the jury did not award any noneconomic damages for pain and suffering.
• Represented a bus company and its driver who were providing para-transit services to members of the public who are not able to use buses running regular routes because of physical and/or mental disabilities. This was a wrongful death case brought by a father whose 16-year-old daughter was killed while a passenger in a car involved in the intersection accident with the bus. The plaintiff claimed that the bus ran a red light, causing the accident. The jury returned a defense verdict in favor of the bus company and the driver.
• Represented a transport company which was claimed to have intentionally mishandled human remains that had been donated to a state university. It was alleged that this was done for profit, by selling body parts illegally. After over a week of trial, the plaintiffs accepted a settlement from the defendant that was less than the offer made before the start of trial.
• Defended a real estate appraiser at trial against allegations of negligence. It was claimed that because of the negligent appraisal, a fraudulent loan application was not discovered, resulting in a loss of over $185,000 to the mortgage company plaintiff. The trial resulted in a defense verdict.
• In a case capturing the attention of the media, represented a country club and its employees in a case of admitted fault, arising from the drowning death of a four-year-old child attending his first day of summer camp. The drowning was caught on the club's surveillance videotape, and the child was seen to be under water for over eight minutes without being seen by the lifeguards or day camp counselors. The parents of the child sought not only wrongful death damages, but also punitive damages, claiming willful disregard in providing safety for the children of the day camp. The lowest demand before trial was $20,000,000, with performance-based conditions as well. The verdict was for compensatory damages of $13,855,950 and punitive damages of $2,341,039; the compensatory damages were reduced to $10,000,000 as a result of post-trial motions.
• Defended a large department store against a trip-and-fall accident victim who sustained facial injuries. The jury found for the defense.
• Represented a large department store against a claim of negligence, in which a 77-year-old man fell down an escalator. The result was a jury verdict for the defense.
• Tried a case for a homeowners association and one of its security guards against claims of assault, battery, false imprisonment and malicious prosecution brought by one of the homeowners, resulting from a July 4th celebration on the beach. The court granted nonsuit in favor of the association and the security guard.
• Defended a bus driver in a case arising from an altercation with a passenger. The bus driver also prosecuted a cross-complaint for assault and battery against the passenger. On the complaint, the court awarded judgment on the pleadings in favor of the bus driver. The cross-complaint was then tried by our firm, and the bus driver received a money judgment.
• Represented a backhoe operator in a trial brought by a man who was struck by a heavy metal trench plate as it was being moved by the defendant. The injuries included lower leg lacerations and an ankle fracture, with scarring. The jury found for the defense.
• Represented the manufacturer of heating, ventilation and air conditioning equipment in a million-dollar subrogation claim, resulting from a home fire. It was claimed that overheating of the air handler started the fire. The jury did not agree, and a verdict for the defendant was obtained.
• Defended a pharmacy against a malpractice claim involving allegations that the pharmacy dispensed contraindicated medications, resulting in the death of a young mother of four children. The jury found in favor of the defendant pharmacy.
• Brought a breach-of-contract case to trial against an international television star, based on a plumbing repair. The court found for our client, the plaintiff plumbing company, awarding the contract price, interest, attorney's fees and litigation costs.
• Represented a plaintiff injured in an automobile accident at trial. Defendant admitted liability on the last business day before the start of trial, and the case was tried on damages only. The verdict exceeded the pre-trial statutory settlement demand of the plaintiff, resulting in recovery of interest and expert fees, in addition to the damages verdict and litigation costs.
• Defended the owner of two Rottweilers, which escaped from the owner's property. Plaintiff claimed that the dogs were fighting with another dog, and a lady was trying to stop the fight. Plaintiff tried to help separate the dogs, and as a result of his exertion, had a massive heart attack. The jury found that the defendant was not negligent.
• Defended client insurance company against an insured claiming uninsured motorist coverage under his auto policy. The court agreed that there was no coverage, based on a knowing waiver of the uninsured motorist coverage by plaintiff.
• Tried a subrogation claim for a workers' compensation insurance carrier for a back injury. After winning on liability, the claim was settled for 98% of the lien, before the damage phase started.

Appellate

In the California Court of Appeal (COA), Jerry has considerable experience briefing and arguing appeals and writs.

• He drafted a writ which resulted in the COA summarily reversing a trial court ruling which would have prevented our client from raising a critical defense of trial.
• He was on the appellate team that obtained a reversal of a punitive damage award of over $32 million.  It is found at Soto. v. Borg Warner Morse TEC, 239 Cal. App. 4th 165 (2015).
• Jerry has also successfully argued several other appeals, which did not result in published opinions.

• Western State College of Law  (J.D., 1988)
  • With Scholastic Merit
  • AmJur Award in Appellate Brief Writing
• Western State College of Law  (B.S.L., 1987)

• California