James Laina v. Music Express Inc., Stacey Koon (56-2012-00427670-CU-PA-VTA)

The jury rendered a defense verdict finding Defendants not negligent following a three week trial in Ventura County Superior Court.

On April 29, 2011, Plaintiff James Laina was a rear-seated, belted passenger in a 2007 Mercedes Benz S-550 driven by Defendant Stacey Koon on behalf of Defendant Music Express, Inc., who had been hired to drive Mr. Laina from LAX to his home in Newbury Park, California. Plaintiff contended that Mr. Koon while driving on U.S. Route 101 north-bound made an unsafe lane change and an abrupt stop at the Wendy Drive off ramp, which caused the Mercedes Benz to be rear-ended by another vehicle. Plaintiff James Laina contended that as a result of the accident he suffered a stroke 27 days later on May 26, 2011, leaving him with permanent injuries and damages. Defendants contended Mr. Koon drove safely at all times and argued that the vehicle that rear ended the Mercedes Benz was solely at fault. Defendants also disputed that Plaintiff James Laina’s stroke and any claimed damages were caused by the accident. Plaintiff did actually suffer a bilateral vertebral artery dissection resulting in a stroke. The three week trial focused on liability and causation issues. At closing, Plaintiff requested $12,000,000 for past and future medical damages, past and future loss of earnings and general damages. Following deliberations, the jury returned a 12-0 verdict that Defendant Music Express, Inc. was not a common carrier and a 12-0 verdict that Defendants Music Express, Inc. and Stacey Koon were not negligent.

Plaintiff – Brian S. Kabateck, Douglas A. Rochen (Kabateck, Brown & Kellner LLP, Los Angeles).

Defendant – Sean T. Cahill (Cahill & Associates, San Diego) for Music Express, Stacey Koon; James K. Lo (Harrington, Foxx, Dubrow & Canter LLP, Los Angeles) for Music Express, Stacey Koon.

Evanoff v. Edick & Watt, Inc. RIC542713

The jury rendered a defense verdict following a six week trial in Riverside Superior Court.

On Oct. 26, 2006, at approximately 5:57 p.m., plaintiff Frances Evanoff, a self-employed 60 year old, was working in her yard adjacent to the Audie Murphy Project in Menifee when she was allegedly struck in the head by a piece of flyrock. She claimed the flyrock was from a construction blasting at the site, causing her to sustain a brain injury and emotional distress from the incident. Evanoff sued the blasting contractor, Edick & Watt Inc.; the grading contractor of the project, Sukut Construction Inc.; and the property owners, Audie Murphy Ranch LLC, A. Murphy Ranch LLC, Brookfield Homes Holding Inc. and Woodside Homes of California. Evanoff alleged that the plaintiffs’ actions constituted negligence, negligence per se and strict liability. Prior to trial, Audie Murphy Ranch, A. Murphy Ranch, Brookfield Homes and Woodside Homes were dismissed from the case. Thus, the matter proceeded to trial against Edick & Watt and Sukut Construction only. Evanoff’s counsel presented the testimony of neighbors, who also claimed their property was struck by flyrock from the same blast. Thus, counsel contended that the blast was shot without adequate precautions. Counsel for Edick & Watt and Sukut Construction argued that Evanoff was not struck by any flyrock, and that the subject blast was shot without issue. The defense’s expert geophysicist testified that it was not physically possible for the rock to travel 950 to 1,000 feet from the blast site to Evanoff’s property. Defense counsel moved for a directed verdict as to Evanoff’s causes of action for negligence and negligence per se, and it was granted. Thus, only Evanoff’s sole remaining cause of action, for strict liability, was submitted to the jury. Evanoff went to her family doctor with head, neck and back complaints six days after the alleged incident. She was subsequently diagnosed with a concussion and, years later, was diagnosed with a mild traumatic brain injury. Evanoff stopped working shortly after the incident. She claimed that as a result of her brain injury, she now suffers from a loss of memory, hearing loss, headaches, and anosmia, which is the loss of smell. She also claimed she suffers from post-traumatic stress disorder and a loss of sleep from the incident. Thus, Evanoff sought recovery of $2.5 million in future life care costs, $3 million in damages for her past pain and suffering, and $7 million in damages for her future pain and suffering. In addition, Evanoff’s husband, Keith, sought recovery of damages for his loss of consortium. Defense counsel argued that Ms. Evanoff did not receive any emergency medical treatment following the alleged incident. Counsel also noted that Ms. Evanoff was observed by Edick & Watt personnel after the alleged incident and found to have no signs of trauma whatsoever (i.e., swelling, bleeding, abrasions or bruising). The defense’s expert neuropsychologist and expert neurologist testified that Ms. Evanoff did not sustain a concussion or mild traumatic brain injury from the alleged incident, and that all of her claimed symptoms were the result of unrelated depression and other physical conditions. Prior to the completion of the case and submission to jury, defense counsel moved for nonsuit as to Mr. Evanoff’s claim of loss of consortium. However, Mr. Evanoff dismissed his complaint with prejudice, shortly thereafter. • Sean T. Cahill; Cahill & Associates; San Diego, CA, for Defendant Edick & Watt, Inc. • John H. Gomez; The Gomez Law Firm; San Diego, CA, for Plaintiffs Frances Ruth Evanoff, Keith Evanoff

Stone v. Hot Dogger Tours, Inc., dba Gold Coast Tours LASC No. EC048419

The jury rendered a defense verdict on liability finding Defendants not negligent following a three week trial in Los Angeles Superior Court-Glendale.

On Sept. 16, 2007, decedent Nicholas Stone, 27, an automobile body repairman on disability, was riding his motorcycle eastbound on Angeles Crest Highway in Los Angeles County. Stone, and two other riders, allege to have lost control of their motorcycles on coolant deposited on the road by Defendant’s bus. Decedent and his motorcycle struck the mountainside. Stone suffered fatal injuries in the accident, dying immediately at the site as a result of blunt force trauma to his head. Hailey Stone, decedent’s daughter, by and through her Guardian Ad Litem, Elise Enrico, sued the bus owner Hot Dogger Tours, Inc., dba Gold Cost Tours and the driver Efrem Jamal Geary . Enrico alleged the defendants were negligent in maintaining one of their buses, and causing the accident which led to Stone’s death. Plaintiff’s counsel claimed that coolant from a Hot Doggers Tours bus, which was traveling in front of decedent on Angeles Crest Highway, leaked onto the road and caused Stone and the other riders to crash. Counsel claimed that the bus was improperly maintained, causing the coolant to leak and causing the accident. The defendants argued that the bus was properly maintained, and that no coolant from the bus came into contact with the road surface. The defendants further argued that the accident resulted from Stone’s negligent operation of his motorcycle, and that he was operating the vehicle under the influence of marijuana. Nicholas Stone died immediately at the accident site due to blunt force trauma to his head. Hailey Stone, a minor, through her mother Elise Enrico, sought wrongful death damages of $2,000,000 for general non-economic damages for loss of companionship, comfort, care, protection, affection, support training and guidance and $457,519 in special economic damages related to loss of financial support. The Defense did not present evidence related to damages. The jury rendered a defense verdict on liability finding Defendants not negligent. Sean T. Cahill, Cahill & Associates, San Diego, CA (Defendants Hot Dogger Tours, Inc., dba Gold Coast Tours, Efrem Jamal Geary) Eric Bryan Seuthe, Law Offices of Eric Bryan Seuthe and Associates, Beverly Hills, CA (Plaintiff) Gary A. Dordick, Law Offices of Gary A. Dordick, Beverly Hills, CA (Plaintiff)