TRIALSInteresting Trial Examples Motorcycle Collision Caused by Illegally-Parked Car – San Francisco We represented a 29-year old painting contractor who rode his motorcycle over the posted speed limit and collided with an automobile pulling from a stop sign in San Francisco. The automobile driver was uninsured so we sued the owner of a van allegedly parked in an unmarked crosswalk at the intersection. We argued to the jury that the van caused a visual obstruction for our speeding client and the uninsured auto driver as they entered the intersection. Our client sustained multiple upper and lower extremity fractures, rib fractures, and pulmonary injury. The illegally-parked van owner denied parking his van in the unmarked crosswalk and argued that even if it was parked there, it would not have caused a vision obscurement, and that the accident was caused solely by our client’s speeding. Prior to trial the defense never offered anything. The defendant’s insurance carrier believed that the bias against a speeding motorcyclist would result in a defense verdict. The jury returned a total verdict of $1,080,050, reduced by 50% for our client’s admitted speeding. “Dyke on Bike” Motorcyclist vs. Automobile – San Francisco Back in the day, Weber & Nierenberg represented a 28-year old charter member of the world-renowned “Dykes on Bikes” San Francisco lesbian motorcycle club when she attempted to pass a double-parked car which had neither flashers nor turn signal engaged. The car suddenly moved into her path. She sustained a lacerated and infected knee. The insurance company for the defendant believed there would be great bias against our client because of her sexual orientation. The jury verdict was four times as much as the defense had offered prior to trial. Lane-Splitting Motorcyclist “Doored” – Oakland Our firm represented a 43-year old auto mechanic who was lane-splitting on the San Mateo Bridge when the defendant opened his car door and our client ran into it. Our client dislocated his right great toe and had out-of-pocket expenses totaling $18,843. Prior to trial, we lowered our client’s settlement demand to $89,000 and rejected defendant’s offer of $80,000. We convinced the jury to award $171,000 to our client by neutralizing jurors’ bias against lane-splitting during jury selection. Bar Shooting – Oakland Our client, a 38-year old teamster, was drinking with some friends in the Dog House Bar in Oakland when he became involved in a verbal argument with the bartender. The bartender pulled a loaded pistol and struck our client on the head with it, causing it to discharge a bullet into his head. The bartender claimed self-defense. The defendant bar alleged that their own bartender was acting outside of his employment. Our client suffered a traumatic brain injury but by the time of trial he was back to work. The defendant bar offered $156,000 pre-trial. The jury awarded a verdict of $750,000 against both bar and bartender. Gold Scam – Money Stolen From Bus Station Locker – San Francisco We represented two well-to-do brothers who bought into a confidence man’s scam to sell them a large amount of gold bullion at a price far below market rate. The brothers never met the confidence man, but were instructed by him to deposit $409,000 in cash in a Richmond Greyhound station bus locker. Our clients complied, kept a key to the locker and followed the confidence man’s instructions not to speak to anyone for three hours, after which they would be notified where to pick up the gold in return for the key. After three hours, they heard nothing. The brothers called the police, who checked the locker and found it empty. It was later discovered that the Greyhound bus station was manned only by a 17-year old employee. A well-dressed man approached the employee and said that he had lost his wallet and the key to his locker. He described the briefcase accurately and opened the combination lock on it. The Greyhound employee had the man fill out a lost key form and gave him the suitcase. The money, the confidence man and the gold were never found. Greyhound contended its liability was limited to $10.00 by a notice posted on the locker. We contended that the locker was rented for 24 hours and Greyhound had a responsibility to retain the locker contents for that period of time before turning it over to anyone. We further contended that Greyhound’s employee violated Greyhound’s rules and procedures and did not obtain proper identification. Greyhound never made any significant settlement offer. We took this case to trial twice! The first total verdict for $409,000, was appealed. The second total verdict was for $409,00, plus Greyhound was required to pay $76,794 in interest. Both verdicts were reduced for our client’s comparative fault. Intersection Auto Accident – Intoxicated Client – San Francisco We represented a man who was driving with a .17 Blood Alcohol Level, and proved by neutralizing jurors’ bias against drinking and driving during jury selection that his intoxication did not matter when he properly entered an intersection on a green light and was struck at high speed by another car which made a left turn against the light and into his path. Our client suffered soft tissue neck injuries and headaches. Although the defense offered only $12,500, we were able to convince the jury to award our client $90,000. Muni Bus Slams Bus Shelter – Minor Client – San Francisco Our firm represented a 17-year old high school senior from San Francisco when a SF Muni bus struck her and then slammed into a bus shelter. Our client sustained lower extremity lacerations, soft tissue sprains and psychological injury. An arbitrator awarded her $37,500, which we rejected. On the first day of trial, Muni finally offered $95,000. We convinced a jury to award our client $150,000. |

