Verdicts and Settlements
San Jose – Slip & Fall
Heinrich Law, PC reached a settlement for $3.5M in August 2019. The matter involved a slip and fall event. Client claimed that a company negligently used Pledge on the floor, which is what caused her to slip and fall. Client sustained injuries to her lumbar spine and left hip as a result of the subject incident. Company denied liability and made a zero offer at mediation. Company then made a $1.5M offer at the pre-trial settlement conference. Company then increased its offer to $3.5M after the first trial witness gave testimony. Thirty depositions were completed in the case, including eleven experts. Heinrich Law, PC is unable to provide more details due to a confidentiality agreement.
Oakland – Peoples v. County of Alameda
A Sheriff made an ill-advised decision to join a police pursuit he should not have been involved in. During the pursuit, the Sheriff drove into an intersection through a red signal light at 35 to 40 mph. Heinrich Law’s client J. Peoples entered the subject intersection on a green light at the same time the Sheriff did. The Sheriff broadsided Mr. Peoples’ vehicle on the driver’s side, causing the vehicle to spin around, strike a pole and then come to rest partially in the yard of a neighboring house. Mr. Peoples sustained a mild traumatic brain injury as a result of the incident. The Sheriff and his employer blamed Mr. Peoples for the accident for two years. One week before the trial was scheduled to begin, the Sheriff and his employer finally admitted fault and agreed to pay Mr. Peoples three million dollars to settle his case.
Concord – Family v. Big Rig Trucking Company
This matter involved serious personal injuries arising out of a major tanker truck collision. Three minor children were hurt in a collision between a Dodge Ram truck and a multi-ton fuel tanker truck on Highway 4 in Contra Costa County. The tanker truck driver stopped his vehicle on Highway 4 in the middle of the night due to a collision up ahead. When the driver of the tanker truck attempted to re-enter traffic on the highway, he failed to yield to an approaching Dodge Ram truck in which the minor clients were passengers. A high-speed collision occurred, which caused significant injuries. The matter settled one week before trial and after months of contentious clashes regarding fault for the crash and the nature and extent of the clients’ injuries and damages.
Walnut Creek – Falcon v. Buckhorn
Mr. Falcon, while working as a computer field technician, was called to The Buckhorn Restaurant in Walnut Creek to repair a computer. While walking through the kitchen toward the computer, Mr. Falcon slipped on the tile floor, which was covered in an inconspicuous puddle of grease, water, and dish washing liquid spilled from the Buckhorn’s large dish washing sinks. Mr. Falcon slipped backward and fell hard on the ground, landing on his head and upper back. Mr. Falcon suffered a severe concussion, debilitating traumatic migraine headaches, and a cervical spine injury caused by slamming his head onto the Buckhorn’s kitchen floor. Ms. Heinrich litigated and resolved the case on behalf of Mr. Falcon.
Oakland – Crosswalk Walker v. Truck
This matter involved personal injuries caused by a pedestrian vs. truck collision. Client was a pedestrian struck by a pickup truck while lawfully crossing the street in downtown Oakland. The driver of the pickup truck, who was in the course and scope of employment at the time of the incident, claimed he was unable to see the client due to the sun being in his eyes. The client broke her arm and hip, both of which required surgical repair. The matter resolved prior to the filing of a lawsuit, largely because of Ms. Heinrich’s insurance defense background, saving the client considerable time and money.
San Francisco – Client v. Rideshare Driver and Company
Client was walking across Cyril Magnin Street and Eddy Street in San Francisco when she was struck by a Rideshare driver who was not paying attention while making a left turn. The Rideshare driver drove over client’s left leg, crushing it. The Rideshare driver tried to claim that the client stepped off the curb directly in front of his car and therefore he should not be held responsible. Heinrich Law recovered video coverage that proved this was a false claim. Heinrich Law eventually recovered $1 Million dollars for their deserving client, this despite the fact the medical bills turned out to be relatively low, there was no wage loss, and thankfully the client made a good recovery.
Los Angeles – Jain v. Nzolameso
A drunk driver leaving a Hollywood nightclub ran into a crowd of revelers who were making their way home. In the horrifying aftermath, multiple pedestrians were struck and injured. Most seriously injured was K. Jain, a young woman who suffered a fractured skull and was rushed from the scene to undergo emergency surgery. Eventually, the drunk driver was prosecuted and sent to prison. Ms. Jain retained Heinrich Law to handle her civil claims against the driver and the owner of the vehicle that struck her. After navigating a series of complex insurance coverage issues, Heinrich Law was able to secure a seven-figure pre-litigation settlement for Ms. Jain.
Livermore – Strong v. Pacheco et al.
Mr. Strong suffered a herniated disc following an incident in which his car was struck and run off of the road by a semi-truck on the freeway in Livermore. Following the incident, he was forced to undergo surgery on his lumbar spine and could not return to work. Following a year of litigation, Mr. Strong’s case was settled for the available policy limits.
Oakland – John Doe v. Skilled Nursing Facility
Plaintiff was an 87-year-old retired professor who underwent surgery which he tolerated well. While recuperating at a skilled nursing facility he developed a pressure ulcer on his coccyx, which due to reckless neglect, grew into a massive crater, ultimately leading to his death. Names confidential as a condition of settlement.
Walnut Creek – War Veteran v. Health Care Providers
Plaintiff was a World War II Veteran, a married, proud father of five children who underwent heart bypass surgery, which was a success. Nonetheless, a cascading series of intertwined errors and mistakes, made by his healthcare providers, led to his development of decubitus ulcers on his heels. These ulcers, which became gangrenous, resulted in the amputation of his left leg. Names confidential as a condition of settlement.
Walnut Creek – Kelli v. Maite
Heinrich Law client Kelli was attacked by a rescue dog while visiting the home of an acquaintance. When Kelli entered the home, the dog was confined to a crate. When the acquaintance let the dog out of its crate, it immediately jumped up and bit Kelli in the lip and cheek. Kelli was rushed to the hospital, where she underwent emergency reconstructive surgery. Kelli suffered an avulsion wound to approximately 1/3 of her lower right lip. Several months later, Kelli underwent a second revision surgery including incision of the scar contracture, lower lip reconstruction with tissue rearrangement, and fat grafting from her abdomen to the lip. Following this surgery, she also underwent several sessions of laser therapy. While the procedures helped to restore the shape and appearance of Kelli’s lip, she was left with permanent scarring and loss of volume in her lower lip. Her past medical expenses amounted to $59,948.60. Kelli was working as a real estate agent at the time of the incident. She also lost income as she was unable to work full-time for several months This hurt her ability to earn commissions in line with previous years, leading to lost income of approximately $100,000.00. This matter was resolved by way of a mediated settlement for $875,000. This appears to be the largest reported settlement or verdict for a single dog bite in California.
Livermore – Bike Rider v. Box Truck
A married father of two (2) children, both University students at the time, had his left non-dominant hand crushed when a driver of a box truck negligently made a sudden ill-advised right turn directly into the path of his approaching bicycle, pulling him down onto the ground and running over his hand. The client sustained a severe complex crush injury requiring several surgeries to repair and leaving him with permanent residuals. The matter resolved prior to the filing of a lawsuit, to the delight of the client, who did not want to be entangled in the litigation process.
San Leandro – Robinson v. United States of America
Mr. Robinson suffered severe, life-altering injuries when his motorcycle collided with a vehicle driven by a United States Coast Guard employee. The United States vigorously disputed liability after a lawsuit was filed in federal court. Though Mr. Robinson was amnesic to the events leading up to the collision, Heinrich Law was able to recreate the parties’ movements and establish that the Coast Guard employee more likely than not made an unsafe lane change into the path of Mr. Robinson’s motorcycle. The matter resolved at a court-sponsored settlement conference after nearly four years of active litigation.
San Leandro – Huang v. M&M Services, Inc.
This matter arose out of an industrial accident that occurred at the Davis Street Transfer Center. Huang, while preparing to dump a load of recyclables was struck by a massive metal door which had come loose from a debris box being emptied by an adjacent driver. Huang’s injuries included a displaced and comminuted right ankle fracture which required two (2) surgeries and left him with permanent residuals and a mild traumatic brain injury. The matter settled shortly before trial.
Sacramento – Employees v. Pet Store
Employees brought suit for race and sexual orientation discrimination against a major corporation for discrimination, harassment, and wrongful termination. Derogatory and racial slurs were frequently used in the workplace by managers when referring to the clients. When the clients complained, nothing was done to correct the harassment, rather, the clients were retaliated against and/or wrongfully terminated. The matter was resolved prior to trial.
Lafayette – Prius v. Bentley
Client filed suit for personal injuries arising out of a rear-end motor vehicle collision. Client was a wife and mother injured in a minor rear-end motor vehicle collision with a speed upon impact of approximately 5 mph. Notwithstanding the minor impact between the parties’ vehicles, the client immediately began to experience low back pain. The client reported these symptoms to her primary care physician on the day of the incident after which conservative health care was sought. When the client’s low back pain failed to subside, a MRI was pursued which revealed a lumbar spine herniated disc. The client eventually underwent a lumbar spine operation. Notably, Ms. Heinrich was able to prove a causal connection between the subject incident and the client’s disc herniation through the retention of a highly regarded radiologist.
Pittsburg – Martin v. BART
Ms. Martin slipped and fell on a slippery, water covered tile floor at the Pittsburg/Bay Point BART station. Unbeknownst to her, but well known to BART, the tile surface presented a veritable ice rink wherein, over the years, numerous BART patrons had been injured. As a result of the incident, Plaintiff suffered a severe fracture of her right ankle, requiring three surgeries.
San Jose – Bunting, Rieger v. Lopez, CSAA
Clients suffered serious orthopedic injuries in a motor vehicle collision. Ms. Heinrich was able to recover 3rd party policy limits in the amount of $30,000; and then recover 1st party Underinsured Motorist policy limits in the amount of $470,000.
Lafayette – Pedestrian v. City and Public Utility
Client was a pedestrian who slipped and fell over construction debris which had been left on a public sidewalk for months, suffering a concussion and soft tissue injuries. The matter was resolved at mediation following two years of litigation.
Berkeley – Moore v. The Hot Tubs of Berkeley
Mr. Moore suffered a mild traumatic brain injury after slipping and hitting his head on a concrete floor while in the process of exiting a hot tub at a private bathing facility. Suffering from both cognitive and emotional deficits, and sensitivity to light, Mr. Moore was virtually housebound as he treated for his injuries. Though Mr. Moore had signed a waiver upon entering the facility, Heinrich Law was able to establish that the dangerous condition created by the facility’s employees rendered the waiver ineffective.
San Francisco – Gallo v. Comcast
Rhonda Gallo suffered injuries to her hip and wrist, both of which required surgery, as a result of tripping over a defective cable box cover owned and controlled by Comcast. The incident occurred on Union Street in San Francisco. The dangerous condition, which caused Ms. Gallo to stumble and fall, was a large 2.5 inch wide long and 1.75 inch deep lateral defect. Heinrich Law retained an engineer to help prove the dangerous nature of the defect. Ms. Gallo’s medical bills totaled $28,000 and her income loss totaled $8,000. Comcast agreed to settle the case for $395,000 shortly after a lawsuit was filed against Comcast and the City and County of San Francisco.
San Francisco – Bicycle Rider v. Lincoln Town Car
Client was a female bicycle rider, biking home from work in San Francisco, when she was struck at a high rate of speed by a red light running Town Car. Client was lawfully crossing the street in a cross walk when the crash occurred. Client sustained a severe concussion, several straining/spraining injuries, and abrasions as a result of the collision.
Oakland – Ballard v. 24 Hour Fitness
Plaintiff suffered serious personal injuries when a large plate glass window shattered on him while he was working out at a 24 Hour Fitness club in Oakland. Claims of premises liability, negligence and negligence per se were brought against 24 Hour Fitness and the building’s owner, arguing the plate glass window should have been made of safety tempered glass rather than untempered plate glass. Matter settled shortly before trial after client successfully defeated a Motion for Summary Judgment.
San Francisco – Cyclist v. State Farm Insurance
Client was a cyclist in San Francisco who was clipped by a car and thrown off of her bike in a hit and run incident. She suffered severe injuries to her ankle. While the offending driver was never located, Mr. Wimert was able to recover client’s policy limits under the uninsured driver provision of her policy of auto insurance.
San Francisco – Pedestrian v. Truck Driver
Client was a pedestrian crossing in a downtown San Francisco crosswalk who suffered a degloving injury when a truck driver drove over her foot. The matter was resolved prior to the commencement of litigation and involved recoveries against both the at-fault driver and under client’s underinsured motorist coverage.
Hayward – Cross v. Patterson
Client was a pedestrian who was struck in a crosswalk while walking home, suffering serious injuries to her knee and ankle. The matter was resolved prior to the commencement of litigation.
Pittsburg – Cannon v. BART
Ms. Cannon was returning home on her evening commute when she slipped and fell on dangerously rain-slickened tile at the Pittsburg/Baypoint BART Station, suffering serious injuries to her knees and wrists. Over the course of several years of litigation, Heinrich Law established that BART had prior knowledge of the condition which rendered the subject tile dangerous during rain storms. Despite this knowledge, BART had taken no efforts to correct or mitigate the problem. This matter was resolved at a court-ordered settlement conference just weeks before trial.
San Francisco – Garces v. Driver
Frank Garces, a highly educated 32 year old man, sustained a head injury as a result of being t-boned at a relatively high rate of speed by a negligent driver who ran a stop sign on Page Mill Road. While Mr. Garces was able to continue working without interruption, he was plagued by headaches, slowed processing speed, cognitive deficits, and difficulties sleeping for more than a year following the incident. The negligent driver’s insurance company, Allstate, agreed to settle the case for their insured’s policy limits of $250,000 after the case was set for trial.
San Jose – Car Driver v. State Farm
Client was struck by a drunk driver while stopped in her vehicle at a red light. The drunk driver fled the scene but was later apprehended. It turned out that the drunk driver had stolen his aunt’s car. The drunk driver was an excluded driver under his aunt’s insurance policy with Geico. As a result, Geico denied the claim. Client had an uninsured / underinsured motorist policy with State Farm with limits of $250,000. This policy applied because of Geico’s denial of coverage. Client sustained serious injuries including a broken leg that required surgery. State Farm honored client’s uninsured motorist policy limits demand for $250,000. The claim settled without having to file a lawsuit or proceed to binding arbitration.
Pleasanton – Bosnoyan v. USPS
Clients were involved in a car crash caused by United States Postal Service Driver. Mr. and Mrs. Bosnoyan sustained injuries, including a fractured sternum, fractured ribs and soft tissue strains/sprains, when the USPS driver, who was intoxicated, struck the clients’ car in the course of running a red light. The matter resolved pre-litigation pursuant to the United States Federal Tort Claims Act.
San Francisco – John Doe v. Adult Entertainment Club
Mr. Doe visited an Adult Entertainment Club where they served him copious amounts of alcohol. He became intoxicated. Mr. Doe got into an altercation with another patron. A club employee, who lacked the requisite training to deal with an unruly patron, jumped on Mr. Doe, causing him a serious leg injury. Heinrich Law hired a security expert who helped prove the club should be held at least partially responsible for the patron’s injuries, having used excessive force to apprehend him.
San Francisco – Cyclist v. A National Rental Car Company
Client was a cyclist in San Francisco who was struck by a business traveler making an unsafe left turn through an intersection. Client suffered a displaced fracture of her collarbone. Adverse driver lived in Singapore. Though the adverse driver had returned overseas following the incident, Mr. Wimert obtained a settlement from the driver under the policy of insurance he had purchased when renting a car during his visit to San Francisco.
Oakland – Davila v. Somvichian
Client was a cyclist who had a serious crash after a man exiting his vehicle opened the door of his car directly into his path. Client suffered ligament damage to his shoulder which required surgery to repair. After being extensively litigated, this matter resolved at mediation a month before trial.
Berkeley – Stratton v. Buresh
Client was a motorcycle rider who was struck by a car that ran a stop sign in Berkeley. Client fractured his elbow and sustained other more minor injuries. Ms. Heinrich resolved the matter after the filing of a lawsuit and prior to trial.
Berkeley – Jogger v. Car Driver
Client was jogging across the street in a marked cross walk when she was struck by a car operated by a negligent driver. Client sustained a shoulder injury that required surgery. Geico, which insured the car driver at the time of the incident, offered client $70,000 to settle her claim pre-litigation. Heinrich Law, PC recommended to the client that she reject the offer and proceed with the filing of a lawsuit. The client agreed. Shortly after a lawsuit was filed, Geico asked the parties to attend an early mediation. The case then settled at mediation for $150,000.
Daly City – Retiree v. Homeowner (Dog Bite)
Client was a retired grandmother who was picking her grandson up from daycare when a dog escaped from homeowner’s garage and bit her on the leg. Client spent time in the hospital after the wound became infected, and required plastic surgery to revise her scarring. The matter was resolved prior to the commencement of litigation.
Castro Valley – Elam v. Wu
Mr. Elam was participating in door-to-door ministry with the Jehovah Witnesses when he knocked on the door of the Wu residence. As Ms. Wu opened the door, suddenly and without warning her German Shepherd dog leapt through the doorway and bit Mr. Elam on the face. Mr. Elam suffered a deep avulsion laceration to his face and other more minor injuries. Emergency room treatment and follow up care was required. Mr. Elam recovered from his injuries. Special damages including medical bills and wage loss totaled $5,089.10. Ms. Wu’s homeowners insurance carrier, State Farm, agreed to resolve the claim pre-litigation for $135,876.10.
Concord – Markarian v. Tran
Client was a pedestrian crossing at an intersection, but outside the marked crosswalk, when she was struck by a car that was speeding through the same intersection. Despite an adverse finding by the police, Ms. Heinrich and Mr. Wimert inspected the scene of the collision and were thereafter able to prove that the driver of the car was 100% at fault. The matter was resolved prior to the commencement of litigation and involved recoveries against both the at-fault driver and under client’s underinsured motorist coverage.
Oakland – White v. Pritchard
Client was a pedestrian crossing in a marked crosswalk when he was struck by a truck who failed to yield, suffering a concussion and soft tissue injuries. The matter was resolved prior to the commencement of litigation.
Walnut Creek – Melara v. Tran
Client was a motorcyclist who was cut off and struck by a car merging onto the freeway. Thrown to the ground, client suffered a concussion and soft tissue injuries. The matter was resolved prior to the commencement of litigation.
Danville – Bicycle Rider v. Driver
Natasha White, a University of Berkeley graduate and avid bicycle rider, sustained injuries to her leg and shoulder when a vehicle hit her while trying to exit out of a shopping center in Danville. Ms. White was riding her bicycle on the sidewalk and against traffic at the time she was hit. As a result, the police blamed her for the collision. Heinrich Law was able to prove that the City of Danville did not have an ordinance that stated bicycle riders may not ride on the sidewalk; and further proved that the sidewalk was the only safe place for Ms. White to be riding in and around the location of the incident. After two years of legal wrangling over who was to blame for the accident, Heinrich Law was able to settle the case for $100,000.