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.
Sixty four year old woman was at a friends rented condominium when she
was bitten by the friend’s Chihuahua dog. In the process of trying
to escape from the biting aggressive dog, my client twisted and sprained
her knee. The knee was in fact injured as documented in medical records.
Two weeks after the biting incident occurred, my client was descending
a second floor stairway when her injured knee locked causing her to slide
down the stairs on her backside resulting my client hitting a wall at
the bottom of the stairway and punching a hold in the drywall. The contact
with the wall caused my dog bite client to suffer personal injuries which
included in a heel fracture, and left and right knee injuries. She ultimately
required surgeries on her heel and both knees. Her medical bills were
$15,000.00 because she is Canadian and was treated under the Canadian
Health System. The owner of the dog was responsible for the dog bite under
California Civil Code Section 3342 which states, the owner of any dog
is liable for the damages suffered by any person who is bitten by the
dog while in a public place or lawfully in a private place, including
the property of the owner of the dog, regardless of the former viciousness
of the dog or the owner’s knowledge of such viciousness”.
The defendant’s argument against my client’s case was that
the dog bite didn’t cause my client’s knee injuries and certainly
didn’t cause her to fall down stairs 2 weeks later. The defendant
hired an insurance friendly doctor who didn’t believe that my client
could have generated enough force sliding down stairs to cause her heel
to punch a hole in drywall and that the falling down the stairway didn’t
occur as my client stated it did. The case settled several days before
the trial was to start after a 6 hour mediation hearing.
Slip, Trip & Fall Accident
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.
$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 Million 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.
$650,000 Jury 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
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
$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
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.
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.
Slip, Trip & Fall Accident
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.
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
Slip, Trip & Fall Accident
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.
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.
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.