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1Significant
Cases
Winer, McKenna and Davis has handled some of the most significant cases in the Bay Area and California. A number of the cases have had national implications and have not only resulted in large verdicts and settlements for clients, but also have at times contributed to important changes in our society. Please
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The fact that the results below are listed in order of the amount of money awarded does not mean that the cases with the largest awards or settlements were the most significant. Many of the cases that are included which settled for confidential or relatively lower monetary amounts were very significant, not only for the Plaintiff but for consumers in general. Please
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The results of the cases below were based on the facts of the particular case and results will differ if based on different facts. Please read the Disclaimer below before viewing the information provided here.
Winer, McKenna and Davis represented a 43-year-old woman who
had seen the same psychiatrist for ten years. During that
time, he prescribed drugs which caused plaintiff to suffer
from a brain injury and sexually abused his patient. As a
result of her injuries, plaintiff became severely disabled,
was unable to work for over ten years, and extensive future
treatment was recommended. Plaintiff brought simultaneous
licensing board, criminal and civil actions against
defendant.
A key issue in the case was the effect that Dexedrine, a
prescription drug, had on the plaintiff. Defendant claimed
that the Dexedrine, which is a potent amphetamine, was safe
and did not cause Plaintiff damage. Winer, McKenna and
Davis retained toxicology and psychopharmacology experts who
testified that the Dexedrine in the way it was misprescribed
was in fact dangerous and caused severe brain damage to the
plaintiff.
Plaintiffs were four boys who were sexually abused by their
fourth grade teacher. The perpetrator-teacher (a male)
taught at the defendant School District from 1997-1999.
During that time, he molested two of the plaintiffs who were
in his fourth grade class.
The teacher left the school district in June 1999 and gained
employment at another school district in September. In
January 2000, several boys in his fourth grade class
complained of improper touching by the teacher.
Plaintiff was a 45 year old mechanic who became paralyzed
when a defective fork lift fell over onto him while he was
delivering products to a car dealership.
Plaintiff delivered 20 pallets of coolant to a car
dealership. At all other prior deliveries to other vendors,
Plaintiff did not assist nor was he asked to assist in the
unloading of the delivery he made.
Plaintiff was a former dentist who could no longer perform
his substantial and material duties due to partial blindness
and loss of sensation in his hands and fingers. Plaintiff
had two disability insurance policies with defendant
insurer: one that guaranteed a lifetime of disability
benefits should he ever become disabled from performing the
substantial and material duties of a dentist; and one that
would cover his business overhead expenses should he become
disabled from performing these duties.
Two employees who alleged that they were sexually harassed
by a co-worker brought a case against FedEx. The case
resulted in a total verdict of $2,328,000, plus an award of
attorney fees and costs, raising the total judgment to
$4,461,636.40.
$2,750,000 --
Ten-Year-Old Girl Raped by 28-Year-Old Actor at a Theater Company A ten-year-old girl attended a theater school on a daily basis after her elementary school day ended. One day she was alone in the locker room at the theater company after a rehearsal when a 28-year-old man, who had just had one of his scripts turned down by the theater company, cornered her in the locker room, took her to a secluded large closet and brutally raped her, causing severe psychological damage.
$2,500,000 --
Judgment Against Bar That Served Drinks To Drunk Driver in Favor of Woman Employed By Bar. Plaintiff in this case worked in a bar where it was her job to flirt with the customers and get them to drink more. At the end of the night, one of the very drunk customers offered to give her a ride home. The driver drove his car off the road and plaintiff received a severe spinal cord injury and was rendered a quadriplegic. Unfortunately, the driver only had a $15,000 insurance policy.
Plaintiffs were fifteen tenants of various ages living in a
several hundred unit apartment building. The tenants became
ill and did not know why. Through the investigative work of
2 of the tenants, they learned that their illnesses may have
been caused by exposure to mold in the apartment building.
The tenants then formed a group and retained WINER, McKENNA
& DAVIS to represent them in a case against the landlord.
Plaintiff was a woman in her late 30’s whose doctor failed
to properly diagnose her medical condition after she
delivered triplets. Due to the failure to diagnose, she
suffered a catastrophic stroke resulting in partial
paralysis and brain damage. This case settled for the full
insurance policy limits available.
This case involved two Filipino and two Hispanic employees 2 males and 2
females who claimed that their employer first discriminated against them and
then retaliated against them once the employees brought claims of
discrimination.
Plaintiff was a 30-year-old woman who was referred to a psychologist due to
her chronic leg pain not responding to traditional physical treatment
modalities. Defendant was a specialist in treating patients with physical
disorders.
$2,000,000 --
Three Women Who Were Sexually Harassed During Physical Exams by a Company Doctor
Plaintiffs in this case were three young women who were
employees of defendant hospital. As part of their yearly
physicals, they had to be examined by a male doctor who was
on staff at the hospital. Plaintiffs alleged that the doctor
sexually harassed them by inappropriately touching them
during the physical examinations. They retained Winer, McKenna and Davis.
$2,000,000 --
Prescription Drug Claim Leads to Settlement of Bad Faith Case
Plaintiff in this case was a woman in her 40s who obtained a
large judgment after a jury trial in a civil case. The
defendant's insurance company refused to pay the judgment,
claiming there was no coverage. Winer, McKenna and Davis obtained the large judgment in the underlying case in the jury trial, and then received an “assignment” of the defendant's rights and sued the insurance company to attempt to recover the judgment.
2 girls were sexually abused by their volleyball coach at
school and on a private volleyball team. The volleyball
coach manipulated the young girls into trusting him and
befriending him. He then got them addicted to drugs and
engaged in sexual relations with them for an extended period
of time.
Plaintiffs were several female employees who claimed gender discrimination
and a combination of male and female employees who claimed discrimination
based on the fact that they were Hispanic. They wall worked for a large
transportation company. Several of the plaintiffs were truck drivers who
alleged that as women and/or Hispanics they were given inferior routes and
had to perform more heavy labor than their male counterparts. Another
plaintiff worked in the front office and claimed that she was paid
substantially less than a male counterpart who performed the exact same
functions.
Plaintiff was a former firefighter who was ordered by his doctor to stop
working in his field due to increasingly severe heart problems. He had
suffered two myocardial infarctions in one year and was at risk for
developing congestive heart failure.
The plaintiffs were the parents of a baby who died several hours after they
dropped the baby off at a family-run daycare facility. The baby was sleeping
peacefully in his car seat when he was dropped off. The baby was never taken
out of the car seat and found dead several hours later.
$1,500,000 --
Wrongful Death of a 28-Year-Old Man in a Freeway Collapse Case
This case involved a tragedy which could have been avoided,
the collapse of the Cypress Structure Freeway in Oakland,
California, during the 1989 San Francisco earthquake. Winer, McKenna and Davis represented plaintiff widow and her eight-year-old twins who were fatherless when the freeway collapsed on top of decedent's car, crushing him to death.
$1,450,000 --
Men Bring Disability and Racial Discrimination Case Against a Large Machinery Company Plaintiffs were four men who worked for a large machinery company. Their positions within the company varied from sales to service. They claimed that they were subjected to a hostile work environment and were subjected to abuse and discrimination by a tyrannical manager of the company.
Plaintiff, a young woman in her early 20s who had a very disturbed
childhood, began treating with a female psychologist she met at a counseling
center. Over time, the psychologist inappropriately engaged plaintiff in a
personal, sexual relationship which culminated in a fight in which the
therapist attacked plaintiff, and then used her authority to have plaintiff
arrested and criminal charges brought against her.
In December 2000, Plaintiff presented to Dr. Smith, his
primary care provider at Health Care Partners Medical Group,
with complaints of prostate pain, symptoms and discomfort.
From December 2000 through July 2002, during the nine visits
he had with Dr. Smith, Plaintiff’s prostate symptoms
worsened.
Plaintiffs alleged that the warden at a prison where they worked verbally
sexually harassed them on a frequent basis. When plaintiffs and another
woman finally complained the investigation took almost a year to complete,
despite the fact that California law mandates a prompt and reasonable
investigation.
Plaintiff was admitted to the hospital for shortness of
breath and pneumonia. Due to a series of negligent actions
on the part of the medical staff attending to his care,
Plaintiff’s condition worsened while he was hospitalized,
eventually causing him to stop breathing for a period of
minutes. Plaintiff never fully recovered and remains to this
day in what his current treaters have called a “persistent
vegetative state.”
This case involved seven young women in their early twenties
who were working part-time as waitresses. Each of the women
claimed to be subjected to varying degrees of sexual
harassment from the male cooks at the restaurant. They
alleged the cooks would frequently make catcalls at them,
and made crude and offensive sexual remarks. The women
further claimed these men would touch them often and without
reason on their hands and arms. Several of the women alleged
the cooks would block their passage and slam into them with
carts of food. A few of the women stated the cooks had
touched their breasts and buttocks.
Plaintiff was
a 35-year-old man who was operating a moveable machine as
part of his job in a grocery distribution company. He
alleged that when he moved the gearshift forward, instead of
going forward the machine went into reverse and as a result,
the machine crashed into a rack on which boxes were placed,
crushing his spine and causing a spinal cord injury with
partial paralysis. The plaintiff could not sue his employer
because of workers' compensation preclusions, so the case
proceeded against the machine manufacturer.
Plaintiff was a middle-aged man who was born severely brain
damaged. Plaintiff’s mother never knew the cause of the
brain damage until many years later she discovered that
defendant company had dumped chemicals next to her house:
chemicals containing lead, which is known to cause severe
brain damage.
This case was brought 25 years after the sexual abuse
occurred under a specific California statute that opened up
the statute of limitations for 1 year due to the church sex
abuse cases. Plaintiff was a teenage Explorer Scout at a
police department in Southern California. Two police
officers sexually assaulted and abused her, causing life
long emotional distress and damages.
While an associate with another law firm, WINER, McKENNA &
DAVIS associate Jennifer Prusak was heavily involved in a
mass toxic tort action against a municipal housing authority
on behalf of hundreds of residents of one of that city’s
housing projects. The housing authority, without informing
the residents, had exposed them to a number of chemicals
proven by scientific literature to be carcinogens over a
period of decades .
Plaintiff was formerly an artist with a very successful
business. He had a large, very affluent clientele who would
purchase from him regularly. In approximately 1998, however,
Plaintiff began suffering from debilitating hallucinations
and paranoid delusions, and had recurrent suicidal ideation.
By 1999 Plaintiff was diagnosed with schizophrenia. At this
point he was admitted to a psychiatric hospital in Oregon
and was taking extremely high doses of anti-psychotic
medications on a daily basis. He was no longer capable of
taking care of himself or of creating the art that
previously made his career.
Plaintiff was a woman in her twenties suffering from
Attention Deficit Disorder. She sought the treatment of a
Northern California psychotherapist. The female
psychotherapist ended up in a sexual relationship with the
plaintiff. When the psychotherapist’s husband found out
about the sexual relationship he entered the patient’s house
with a gun, threatening to kill the plaintiff. He was
arrested.
$ 867,135 - Cesar v. Kuminfor woman injured in
auto accident. (This case was tried by Emile Davis along
with other council)..
Plaintiff was a man in his mid-seventies who injured his back when he fell off a ladder. Although he fractured a thoracic vertebra in the fall, the fracture went undiagnosed for four months, despite the fact that plaintiff was in hospitals or nursing homes for almost that entire time period and was seen by dozens of physicians. As a result of the failure to diagnose the fracture, plaintiff developed spinal cord compression which necessitated an operation and left plaintiff with a compromised ability to walk and with a lifetime of pain.
Plaintiff was a wheelchair-bound, elderly man who alleged
that his healthcare providers failed to appropriately
address his disability, thus discriminating against him, and
further grossly neglected his care by failing to attend to
his needs, causing him to become extremely dysfunctional and
unable to care for his needs, thus becoming completely
dependent on his family.
Plaintiff was a 40 year old employee of a large national
mortgage company. She claimed that her work environment
became hostile when her supervisor began making
inappropriate comments about her looks. One day, when her
supervisor came back from a business trip he forced her
against a wall and attempted two times to kiss her.
Plaintiff was in his 20’s when a defective dough mixer at
his place of employment, a large commercial bakery, caused
partial amputation of his arm. The dough mixer was
manufactured in the 1950s and was still being used. The
dough mixer was stopped as Plaintiff was unloading the
dough, however, the machine started to cycle unexpectedly
and pulled Plaintiff’s entire body into the machine, causing
catastrophic injuries.
Plaintiff, a San Francisco resident, was employed as an
operating room nurse for twenty years prior to the onset of
bulging discs in her back that prevented her from twisting,
bending, or lifting any objects greater than 15 pounds. To
treat her constant back pain Plaintiff was required to take
a variety of painkilling medications, all of which had
serious side effects that kept her from being able to focus,
remember details, or think on her feet.
Plaintiff was a paralegal for nearly twenty years until he
was hit by a car and rendered unconscious. The result of
this accident was traumatic brain injury that severely
impaired his ability to reason, to think clearly and
quickly, and to make decisions. This brain damage and
resulting cognitive impairments were objectively verified by
several board certified neurosurgeons and documented in MRIs
and CT scans.
Plaintiff sustained serious head trauma and other injuries
as a result of an accident when he was off-loading a new
15,000 pound aerial boom lift from the bed of a highway
trailer to the ground. Plaintiff had been a service mechanic
for over 30 years and was employed in this position at the
time of the accident.
Plaintiff was an elementary school teacher in Sacramento for
fifteen years who at age 40 developed a seizure disorder.
She required several brain surgeries that removed entire
sections of her brain. Her disorder, coupled with the side
effects that resulted from the removal of portions of her
brain, rendered Plaintiff unable to continue in her teaching
position.
Plaintiff was the middle-aged daughter of an elderly woman
who she claimed was severely neglected while in a nursing
home. She claimed neglect against the nursing home and also,
more significant neglect by her mother’s physicians who
refused to come to her mother’s aid when the nursing home
called the doctors for medical intervention.
Plaintiffs were four African American women who were
employed by a health service provider. They alleged that
they were not treated as well as Caucasian employees and
that the president of the company made numerous derogatory
racial remarks.
Plaintiff was a 35 year old, foreign-born, married employee
of a large computer company. She claimed that her supervisor
(from the same country as plaintiff) coerced her into
performing oral sex on him on 3 occasions. After the third
occasion she became so disgusted that she told her husband
about the harassment and a report was made to the company.
Plaintiff was a 15 year old girl who was recovering from a
significant brain surgery at a hospital. Plaintiff alleged
that a neurosurgeon who was following her recovery molested
her two times. Plaintiff reported the first molest to her
mother. Her mother reported the molest to the hospital and
asked them to make sure that it never happened again. The
hospital failed to take appropriate action and the second
molest occurred.
Plaintiff in this case was a 40-year-old triathlete. He was injured during a head-on collision with a bicyclist traveling in the opposite direction, when the other bicyclist lost control of his bicycle. As a result of the accident, plaintiff was unconscious for several hours, and despite the fact that he was able to go back to work in the advertising industry, he was not able to work at the same level he worked at before the accident.
Plaintiffs were 3 waitresses and 1 waiter who worked at a
medium-sized nightclub chain. The waitresses alleged that
they were sexually harassed by inappropriate sexual comments
and come-ons perpetrated by the nightclub managers. The male
employee claimed that the managers sexually harassed him by
hiring a prostitute to attempt to sexually seduce him while
the managers secretly watched and made fun of the employee
at his expense.
Plaintiffs were a husband and wife visiting from another
country and driving from Lake Tahoe to the Bay Area with
their 25 year old daughter-in-law. A municipality-owned
truck made a left-hand turn in front of plaintiffs, causing
the accident.
Plaintiff, an expert bicyclist, was riding his bike to work
early one morning when a small truck driven by a repairman
took a left-hand turn in front of plaintiff. Plaintiff
collided with the side of the truck, suffering a severe
shoulder injury which required two operations and left
plaintiff with some limited motion and a slightly drooping
shoulder.
Plaintiff was a scientist in her late 30s working for a
medical research company. Shortly after she began her
employment one of the executives of the company pursued a
romantic relationship with plaintiff. Plaintiff consensually
entered into that relationship. However, once the executive
began to be abusive within the relationship she extricated
herself from the relationship and made it clear that she was
not interested in any further contact.
Plaintiff was a 25-year-old woman who was driving to work in a small SUV. When she approached train tracks she noticed a train passing by, but when she came to a stop she also noticed that the crossing arm which was supposed to stop her progress several yards back had come down parallel as opposed to perpendicular to the roadway.
Plaintiff was a 40 year old woman who was driving southbound
on Highway 101 outside of San Francisco when another vehicle
lost control and flipped over in front of plaintiff.
Plaintiff did not have time to stop her vehicle, which
plowed into defendant’s truck.
Plaintiffs were the adult children of a man is his late 50s
who was killed while riding through a construction zone when
he lost control of his bike due to uneven pavement.
Plaintiff, a young man in his mid-20's, suffered a
psychological breakdown when he discovered that he had been
tricked by his fiancee into participating in a national
reality TV show.
Plaintiff was a 45-year-old woman who treated with defendant
psychiatrist for 10 years for lifelong psychiatric issues.
During the course of the treatment relationship, defendant
prescribed inappropriate, non-psychotropic medication to
plaintiff including large doses of pain medication.
Plaintiff was a 40 year old Chinese immigrant. She went to a
psychologist when she became depressed. After a short period
of therapy defendant psychologist convinced plaintiff to
stay in her home, where defendant inappropriately engaged
plaintiff in a sexual relationship. After several days, when
plaintiff attempted to leave defendant’s home, she locked
plaintiff in and would not allow her to leave until
plaintiff called the police. When plaintiff did call the
police, the defendant told the police that the plaintiff was
imagining everything and that she was mentally unstable.
Plaintiffs were two women who worked in a male-dominated
factory in a fairly rural area of central California. They
claimed that despite numerous complaints they were
continually subjected to offensive sexual comments.
Plaintiffs were three young employees of a large retailer.
One of the plaintiffs discovered that the store manager had
placed a hidden camera in the unisex employee restroom
facing the toilet. This was reported to the police who
arrested the store manager. The store manager admitted that
he did in fact place the camera in the bathroom, but took
the position that it was not for any sexual reason, but
rather because he was sure that the employees were stealing
from him and the camera was placed in the bathroom to catch
an employee during the act of theft.
Plaintiff was an attractive young rental agent of a truck
leasing company. She alleged that a co-employee sexually
harassed her by continuing to romantically pursue her when
she indicated that she was not interested. The employee made
frequent sexually provocative comments to plaintiff. In
addition, plaintiff claimed that she was discriminated
against based on her race. In particular, the owner of the
company on occasion made derogatory remarks towards
African-Americans, including plaintiff.
Plaintiffs in this case were two women in their mid-thirties
who were employed in the business office at a Sacramento
area auto dealership. They alleged that they were treated
unequally compared to the men at the dealership and that
some of their male co-workers and supervisors used foul
language that was often directed at them.
Plaintiff was a young, fairly new associate attorney in a
medium-sized law firm. As part of her job duties she had to
attend an out-of-state seminar with her supervising partner.
Plaintiff was a young associate attorney in a Central Valley
California law firm. Her law firm litigation group was
required to attend a seminar in Los Angeles. Plaintiff’s
manager insisted that he utilize plaintiff’s hotel room
while plaintiff was out to write a speech. Later that night,
when plaintiff got into bed, she discovered a sexually
provocative and scary note written by her manager.
Plaintiff in this case was a woman in her late 20's who
worked for a Bay Area high-tech firm that had offices in Los
Angeles. The company had an apartment in Los Angeles for Bay
Area employees to sleep in when they had to visit the Los
Angeles office.
Plaintiff was an intern for a large cable television
network. During the course of her summer internship, she was
sexually pursued by her manager who she alleged eventually
sexually assaulted her in a communal shower in a hotel spa.
* The result in the cases above were based on the facts of the particular case, and results will differ if based on different facts. No guarantee, warranty or prediction is being made regarding any particular case or injury..
* No inference is intended regarding the dollar amount of any Confidential Settlement listed above.
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