Recent Case Results
SAMPLING OF SUCCESSFUL JURY VERDICTS AND SETTLEMENTS
$320,000.00 settlement Sixty seven year old woman knocked down by a dog who escaped from an open garage. She suffered a fractured lower leg and ankle requiring surgery. The unleased dog also caused her to injure her shoulder. Her medical bills were $19,500.00. She still had symptoms of her injuries 2 years after the incident. The defendant dog owner was in violation of the Palm Desert Municipal Code Section 6.28.010 requiring dogs to be restrained by a substantial leash when off the premises of the owner.
$212,000.00 settlement for a 70 year old female who suffered a torn tendon in her hip after a slip and fall accident in Palm Desert California. There as no loss of earnings or loss of income claim. Her medical bills were $12,000.00.
$1,527,000.00 settlement for a wrongful death lawsuit based on a dangerous condition of public property resulted in the widow and children of a motorcycle accident victim settling their cases at a mediation hearing. The lawsuit was filed against a City in the Coachella Valley based on allegations against the City for maintaining a, "dead end" street, in the City that didn't have any warning signs posted advising motorists that the street was not a through street. There was also a dirt mound located at the ending of the street which caused the motorcycle rider to be launched off the top of the mound when his motorcycle climbed the mound causing the rider and bike to fly through the air causing the rider to strike the ground and dying at the accident scene. Unfortunately for the rider he was not wearing a DOT approved helmet; but was instead wearing a, "novelty" helmet that the defendants argued contributed to his death. The City argued that the motorcycle didn't have working rear brakes and the rider was wearing dark nonprescription glasses at the time of the accident which caused the rider not to see that the road ended and that there was a mound at the end of the road. The accident happened at night. This lawsuit was also filed against the property owners surrounding the dirt mound at the end of the road for allegedly creating the dirt mount which itself resulted in a dangerous condition of property.
$425,000.00 Settlement for a 59 year old female victim of a trip and fall accident occurring in 2012. Our client tripped because of a raised and broken sidewalk located in an apartment complex. The accident happened during daylight hours. Client claims to not have seen the dangerous condition because of being distracted by a child in the area. Client injured left elbow and arm resulting in a probable ulnar nerve injury. Client also alleged aggravation of prior neck and back injuries. Client was a casino dealer making approximately $50,000.00 per year before her accident and has not worked since the accident. Claimed wage loss for past and future exceeds $400.000.00. Past medical bills $25,000.00. Defendant and their insurance company argued that the client should have seen the broken and raised area of the concrete since the condition was open and obvious during daylight hours. They also argued that the extent of client's claimed nerve injury was in question. Defendant also disputes that client was totally and permanently disabled and not able to be employed. Case settled after a 5-hour mediation.
$375,000 Settlement in a Palm Springs medical negligence case for an 8 year old male who was born with a shoulder dystocia injury as a result of a doctor attempting a vaginal delivery for a diabetic pregnant women who was known to be carrying a 10 pound fetus as a result of prenatal testing. The doctor claimed that he advised the mother that she should consider delivering by C section because of the size of the fetus. The mother denied that she was advised or warned about the risks in proceeding with a vaginal delivery.
$389,000 Jury Verdict for a slip and fall case in Palm Desert. This was an admitted liability slip and fall incident where our client sustained a soft tissue injury with no evidence of disc injury, but they were experiencing neck and back pain. No confirmation on MRI or plain x-rays. The accident victim then underwent one cervical epidural injection and two ablations procedures in attempt to reduce her neck and back pain. However, the shots only helped for a brief period of time. The defense offered her $10,000 months after the fall for med bills which she explained had conditions attached that caused her not to accept the conditioned offer. The pretrial offer was $110,000 but our firm did not settle. The Coachella Valley jury awarded the Plaintiff, our client, $25,569 for past medical bills; $125,000 for past pain and suffering; and $200,000 for future pain and suffering. They awarded our client, the husband, $38,500 for his loss of consortium.
$315,000 Settlement for a bicycle rider who was struck by a motorist and suffered a fractured tibia. This client, a 45 year old male, missed 3 months of work for recovery and accrued $40k in medical bills.
$400,000 Settlement for a motorcycle rider who was involved in a
head-on crash with a truck resulting in the motorcycle rider suffering a non-displaced neck fracture that was treated with a neck brace for 4 months. He also broke both hands in this Indio
motorcycle accident. The police report stated that our client was at fault for the accident because he was riding on the wrong side of the roadway. We investigated the facts of this truck accident and hired accident reconstruction experts to cast doubt on the accuracy of the police investigation. The truck driver's insurance company became fearful of our ability to place some of the blame for this motorcycle crash on their insured and was convinced that we would take the case to a jury. They backed down and finally offered to settle out of court.
$5.71 Million Jury Verdict. This was a products liability case against Chrysler Motors for the manufacture of a defective ball joint. The ball joint failed, causing a van to lose steering control resulting in a head-on collision with Mr. Regar's clients. The impact resulted in the death of a business owner survived by his widow and two adult children. The decedent's income potential was more than $1.5 Million. The wrongful death verdict was $3.5 Million. The remaining three occupants of the vehicle, all over the age of 60, had the following injuries with verdicts as follows: Back injury requiring fusion: $1 Million. Shoulder surgery, jaw injury: $700,000. Aggravation of prior back injuries, no surgery: $500,000.
$2.4 Million Settlement. Mr. Regar settled a
medical malpractice case against a hospital for causing a permanent injury to a medical professional. Because of provisions in the settlement release, the specific facts cannot be stated. The injury resulted from the careless acts of a nurse which caused injury to Mr. Regar's client. The client was required to take a medication for the injury that adversely affected the client, resulting in a disability which caused a loss of income and earning capacity. The defendant hospital argued that the injury was not caused by the negligence of their nurse, but was caused by the careless acts of Mr. Regar's client..
$1.75 Million Settlement. Attorney Regar was able to settle a medical malpractice lawsuit for a minor under the age of 10 who had been given an improper dosage of medication while a patient at a hospital whose name cannot be revealed due to the terms of the settlement. The child suffered neurological injuries causing learning disabilities and the need for various modalities of therapy.
1 Million Settlement. Mr. Regar recently settled a case involving a reverse rear-end accident. Mr. Regar's client drove his pickup truck into the rear of a moving truck that had made a right turn against a red light.
$1.2 Million Settlement. During the third day of trial of a dangerous roadway case against the County of Los Angeles, Mr. Regar convinced the County to settle for $1.2 Million. At the beginning of trial the County offered no money to settle the case. Mr. Regar's 30-year-old motorcycle rider client suffered spinal injuries and became a paraplegic. Medical expenses were less than $100,000 because a government agency paid the bills. Loss of income was questionable. The theory of liability against the County was their failure to remove a drainage pipe that was located on the dirt shoulder of a mountain road in the Angeles National Forest. The County argued that Mr. Regar's client was speeding, lost control of his motorcycle, and actually did not strike the drainage pipe with his motorcycle.
$1.2 Million Settlement. Mr. Regar settled a wrongful death case for the two adult sons of a 53-year-old father who was killed in an automobile accident as a result of the defendant construction company's employee driving a pickup truck on the wrong side of State Route 62 in the Morongo Basin. Mr. Regar's clients were not being supported by their deceased father, nor were they living with their deceased father. They would visit with their deceased father several times a month before his death. Decedent had pre-existing cardiac and high blood pressure conditions which the defendant argued would have reduced the decedent's life expectancy.
$1 Million Settlement. Mr. Regar settled a premises liability case for a 4-year-old minor against an apartment house owner. The 4-year-old fell into an uncovered fire pit used by the tenants of the apartment house to roast and/or barbecue meat. The 4-year-old received second and third degree burns over parts of his body as a result of the accident. The apartment house attorneys argued that the accident occurred because the parents of the 4-year-old burn victim were not watching their child while the uncovered fire pit was burning. The apartment house lawyers also argued that there were other adults around the area and that someone should have been watching the child. Mr. Regar argued that the owners and managers of the apartment house knew that the tenants had a habit of using uncovered fire pits on multiple occasions to cook food and that during those barbecues minor children were constantly wandering throughout the area. Mr. Regar argued that the apartment house owners and managers should have provided covered barbecue pits and required that any outdoor cooking on the apartment house premises should not be done in the uncovered fire pits.
$1 Million Settlement for Auto Accident Victim. Mr. Regar represented a 48-year-old woman who was a passenger in a motor vehicle had been driven in a negligent manner at the time of the accident. The accident involved an intersection collision between the vehicle in which Mr. Regar's client was riding and an oncoming vehicle who Mr. Regar alleged was speeding and not keeping a proper lookout for traffic. Mr. Regar obtained a settlement for the total $100,000 policy limit of the oncoming vehicle and a $900,000 settlement from the insurance policy insuring the car in which Mr. Regar's client was a passenger. Mr. Regar's client sustained injuries to her neck, requiring a fusion; knee surgery; and shoulder surgery. Her medical expenses were approximately $150,000 and loss of income at the time of the settlement was approximately $45,000. At the time of the settlement, her neck had improved but her knee and shoulder were symptomatic. The $900,000 settlement was the policy amount remaining after the driver's insurance company paid the other driver $100,000 of the $1,000,000 policy.
Settlement. In this medical malpractice case, Mr. Regar represented a 30-year-old motorcycle rider who was involved in a motorcycle accident causing a fractured neck. Mr. Regar's client was taken by ambulance to a hospital and treated in the emergency room. Although Mr. Regar's client had signs of paralysis while he was in the emergency room, his neck fracture was undiagnosed for several hours. Mr. Regar argued that the failure to diagnose the neck fracture and follow proper medical procedure for the treatment of the fracture caused permanent paralysis. The hospital argued that Mr. Regar's client's injuries were already permanent and he was not caused any additional paralysis as a result of their two-hour delay in diagnosing his neck fracture. Plaintiff's medical bills were paid for by a government agency. Mr. Regar's client's loss of income was difficult to prove and somewhat speculative..
$1 Million Settlement. Mr. Regar obtained a $1 Million settlement for his 75-year-old client who was involved in a two-vehicle automobile accident resulting in blunt force trauma to the client's chest and heart. Mr. Regar's client also received injuries to his neck and back which did not require surgery. There was no loss of income claimed as a result of the accident. Mr. Regar's client's medical bills were approximately $175,000.
Verdict. This was a products liability case against an apartment house owner and the Gas Company for negligent servicing of the stove resulting in burns to a 7-year-old child leaving scarring. Medical bills were approximately $75,000. Mr. Regar argued that the apartment house owner provided old and poorly maintained stoves to tenants and that the stove in question failed to properly function, causing an "unrestricted height of flame upon ignition." Mr. Regar further argued that the Gas Company negligently serviced the stove after being called to the apartment by the minor plaintiff's mother. The defendants argued that the minor plaintiff was left home on the day of the accident without adult supervision, that she should not have been attempting to cook without supervision, and that there was actually nothing wrong with the stove when tested after the accident.
$625,000 Jury Verdict against a construction company for a 55-year-old construction worker who fell in a hole on a construction site, resulting in an ankle injury requiring internal fixation. Medical expenses: $75,000. Mr. Regar argued that there was a hole/depression in a walking area which was partially concealed and uncovered at the time Mr. Regar's client stepped in the hole. The defendants argued that the accident happened in daylight and that the hole, although it existed, was open and obvious and should have been seen by the plaintiff before stepping in the hole. Plaintiff was left with constant ankle pain which caused plaintiff to lose approximately $125,000 in earnings. The jury found Mr. Regar's client to be partially at fault for the accident and reduced the damage award accordingly.
$550,000 Jury Verdict. This case involved an auto vs. delivery truck accident occurring when the defendant's delivery truck made an illegal left turn in front of Mr. Regar's client's vehicle causing a two-car collision. Mr. Regar's client suffered an aggravation of a pre-existing neck condition which did not result in surgery. Mr. Regar's client required extensive treatment including physical therapy for more than six months. Mr. Regar's client was taken to the hospital by ambulance and remained overnight for observation of his neck injuries. He underwent extensive neurological and orthopedic testing and treatment and was left with intermittent neck pain requiring chiropractic care and pain medication as necessary. Mr. Regar's client sustained a $50,000 loss of income. The medical expenses were $47,000.
$183,000 Jury Verdict. This Indio Jury Verdict resulted from a Palm Desert auto accident. This car crash was caused by the negligent defendant running a red light and crashing into the side of Attorney Barry Regar's client's car. The insurance company for the negligent driver offered to settle the case before trial for $15,000. The plaintiff, the injured client, aged 25 suffered an injury to her neck resulting in several cervical injections, physical therapy, medication, and diagnostic testing. The MRI studies of the neck revealed a small 1.5 mm cervical disc protrusion. The medical charges were $14,262.00 and loss of earnings was $31,000.00. The lawyer for the insurance company told the jury that Barry Regar's client was looking for easy money and should be awarded $5000.00 for her injury. The jury disagreed.
$500,000 Settlement. Mr. Regar obtained a $500,000 settlement against a date grower responsible for Mr. Regar's client falling out of a date tree causing partial paralysis. Mr. Regar's client was an independent contractor and unfortunately was not covered by Workers' Compensation benefits. Mr. Regar argued that the date grower was responsible for the fall because of poorly maintained equipment that they made available for use by Mr. Regar's client. The date grower argued that their equipment was in good working order and that the fall from the date tree resulted from Mr. Regar's client simply not utilizing the equipment properly and by a further failure to take other safety precautions necessary for climbing date palms in order to harvest dates.
$500,000 Settlement. Mr. Regar settled a case against the County of Los Angeles for an alleged dangerous condition of public property of the Ontario International Airport. Mr. Regar's client was the driver of a Volkswagen automobile that was being driven at an excessive speed and while the driver was allegedly impaired by intoxicants. Mr. Regar's client lost control of his vehicle while traveling around a curve on the airport property, causing him to drive from the paved portion of the roadway onto the shoulder area, ultimately flipping his vehicle. Mr. Regar argued that the condition of the shoulder area was rutted, poorly graded, and improperly maintained, which caused the plaintiff's vehicle to flip, causing paralysis. Mr. Regar's client was unemployed at the time of the accident. The medical expenses were paid by a government agency.
$380,000 Settlement. This case involved an automobile vs. truck accident that was caused by the truck driver making an illegal U-turn in front of Mr. Regar's client. Mr. Regar's client was a passenger in a vehicle that sustained extensive damage. The client suffered a ruptured carotid artery, cuts and bruises, and some scarring to an area of the client's body that was normally covered by clothes. At the time of settlement, the client had almost completely recovered from her injuries, with the exception of the remaining scar.
$380,000 Settlement. Mr. Regar settled this automobile accident case for a 37-year-old female driver of a vehicle that was caused to collide with the driver of a truck who made an illegal U-turn in front of the client's vehicle. The client sustained a fractured leg and low back injuries.
$300,000 Settlement. Mr. Regar settled a case against the United States Government Postal Service for injuries suffered by his 47-year-old client resulting from a rear-end automobile accident. Mr. Regar's client was a handyman earning approximately $12,000 a year at the time of the accident. As a result of the accident Mr. Regar's client suffered injuries to his low back. He was not considered a surgical candidate. The doctor hired by the United States Government to examine Mr. Regar's client testified that Mr. Regar's client suffered an aggravation of a pre-existing degenerative condition of his low back. Mr. Regar's client's physicians testified that the accident may have in fact caused new injuries including disc bulges in the lower back. Mr. Regar's client's loss of income was difficult to establish because of a spotty earnings history.
$283,000 Settlement. Mr. Regar settled a dog bite case causing facial scarring to a 5-year-old girl that was allegedly bitten by a Weimaraner dog belonging to the owner of a home in which the plaintiff and her mother were staying as guests. The medical expenses were approximately $25,000. The child has facial scarring that will need scar revision with estimated costs of $20,000. The homeowner denied that it was her dog that bit Mr. Regar's client and that it was Mr. Regar's client's dog, a Chow, that actually bit the child. Unfortunately, there was no real scientific evidence to prove whether it was the homeowner's dog that bit the child or the child's own dog that bit her. The homeowner hired a dog bite expert that said that it was the child's Chow that bit the child. Mr. Regar hired a dog bite expert who testified that the homeowner's Weimaraner bit the child.
$250,000 Settlement. Mr. Regar settled a medical malpractice case against a doctor for failure to diagnose breast cancer. Mr. Regar's client was a 45-year-old employed female who had a partial mastectomy and chemotherapy treatment as a result of breast cancer. Mr. Regar convinced the defendant doctor's insurance company that the doctor had in fact failed to diagnose a lump which had been present for at least a year before the cancer was diagnosed. The case was settled for the maximum amount recoverable under California law for medical malpractice cases for pain and suffering. There was no provable loss of income. All medical bills were reimbursed and therefore could not be included as part of the settlement. At the time of the settlement the plaintiff was in complete remission, taking medication.
$250,000 Settlement. Mr. Regar settled a medical malpractice case against a hospital for a 68-year-old male who suffered damage to a nerve affecting bodily functions during a colonoscopy procedure. Mr. Regar settled the patient's claim for $250,000, which was the maximum recovery under the California statute capping medical malpractice lawsuit recoveries. The case was settled for $25,000 for the patient's wife's loss of consortium.
$225,000 Settlement against a School District. Mr. Regar represented a 16-year-old student who was injured during a wrestling practice at a high school. Mr. Regar's client suffered a closed head injury which caused headaches and some slight neurological residuals. At the time of the settlement, Mr. Regar's client was not under the care of any physician and/or disabled in any manner. In fact, Mr. Regar's client was an accomplished athlete at the time of the settlement. The defendant school district argued that the injury that was alleged to have been caused during the wrestling practice was not the fault of the wrestling coach but was just an accident that occurred when two wrestlers' heads made contact during a takedown maneuver. Mr. Regar argued that the spacing between the wrestlers during the practice was inadequate and improper and the injury occurred because the wrestling pairs/partners were told to wrestle too close to each other. Medical bills were approximately $40,000 with no loss of income claimed.
$213,000 Settlement. This was a wrongful death medical malpractice case brought for the wrongful death of a 65-year-old woman survived by her 80-year-old husband and her 40-year-old daughter. Mr. Regar argued that the decedent, who had undergone cosmetic surgery, was given an improper dose of Demerol causing her death. The defendant doctor argued that his medical facility did not have Demerol on their premises at the time of the death and in fact no member of his staff administered Demerol to the decedent. The maximum recovery for a wrongful death action in California is $250,000 for the loss of the love, care, comfort, society and affection of the decedent. There were no medical expenses in this case nor a loss of income. Burial expenses were $7500.
$200,000 Settlement. Mr. Regar settled a wrongful death medical malpractice case for the 78-year-old husband and two adult male sons for the wrongful death of a 77-year-old woman who was suffering from serious medical conditions before her death unrelated to the alleged medical malpractice. The decedent also was diagnosed with dementia before her death. Mr. Regar argued that the decedent was caused to die because of the negligence of a hospital and their staff for administering an excessive dose of potassium to the decedent. There was a $250,000 cap for the wrongful death damages under the California statute which limits wrongful death claimants to a maximum of $250,000 for the loss of the care, comfort, society, affection, and solace of a lost family member.
$200,000 Settlement. Attorney Barry Regar settled a Palm Desert auto accident case arising out of a 2 vehicle car crash injuring Mr. Regar's 35 year old female client. The lawsuit was set for a jury trial in Indio and was settled on the first day of trial for $200,000. The injured client's medical bills were $5800.00 and there was no loss of wages or income claimed. The client suffered a neck injury causing a 3mm disc bulge. The client had 2 epidural cervical injections and physical therapy for the pain. She was also required to take pain medicine and muscle relaxers for her symptoms. She was not considered a surgical candidate.
$160,000 Jury Verdict Mr. Regar obtained a verdict for the wrongful death of a 58-year-old woman because of complications resulting from failure to properly diagnose and treat diverticulitis. There was no loss of income or unreimbursed medical expenses and therefore the jury awarded the full $250,000 available under California medical malpractice law but reduced the award to $160,000. The jury found that the decedent and her husband had failed to follow the instructions of the emergency room doctor and nurses by returning to the hospital or their private doctor immediately if the plaintiff's condition worsened. The decedent was originally diagnosed with a stomach virus or other digestive condition when in fact she had diverticulitis. Her condition worsened over the next 48 hours before she returned to the emergency room with a perforation leading to peritonitis and ultimate death. The defendants proved that had the decedent returned to the emergency room the second time when the symptoms increased, she would not have died.
$225,000 Settlement. This case settled during the jury selection stage of the trial. The plaintiff was a 12 year old boy who was struck in a crosswalk by a negligent driver. He suffered a fractured arm and a sprained ankle that healed without problems after 4 months. He also suffered road burns to his back and ear area of his face. The scars were hypertrophic in appearance but were not keloid. His plastic surgeon said the scar in the ear area could be revised leaving only a faint straight line. He also stated that the scar on the back could be significantly improved.
THE FACTUAL AND LEGAL CIRCUMSTANCES THAT JUSTIFIED THE RESULTS LISTED ABOVE, INCLUDING THE BASIS FOR THE LIABILITY AND THE NATURE OF THE INJURY OR DAMAGES SUSTAINED, WERE ALL DEPENDENT ON THE FACTS OF THE SPECIFIC CASES AND THE RESULTS OF ANY OTHER CASE WILL DIFFER IF BASED ON DIFFERENT FACTS AND CIRCUMSTANCES.