• Decedent with mental health issues ran out of a car and was struck and killed by a passing truck while being transported to the emergency room by caretakers of his residential care facility.


  • Plaintiff riding a motorcycle struck a left-turning vehicle. Both drivers contended that their view was obstructed by foliage in the county-owned median. Severe brain damage resulted in permanent cognitive impairment and partial paralysis.


  • Plaintiff got his hand caught in a wood chipper and was severely injured. Multiple defendants sued and multiple insurance companies disputed coverage.


  • Plaintiff, 61-year-old window washer, fell from the roof of a 12-story building and landed on the roof of a passing car. He survived, but with multiple serious and permanent injuries. The case was complicated by a dispute between insurers and a contractual indemnity claim.


  • Male neighbor assaulted a female neighbor whose dog had defecated outside his house. Plaintiff claimed the defendant was choking her, which defendant denied but did admit to grabbing her.


  • Off-duty police officer riding a motorcycle hit another vehicle and caused the driver to be thrown to the pavement, sustaining traumatic brain injuries.


  • Plaintiff was a grandmother driving with her two small grandchildren when an unlicensed driver hit her. There were injuries caused.


  • Settled a high-end, six-figure matter where the plaintiff was injured by a vending machine falling on her foot.


  • Settled a case in which the plaintiff was operating a dirt bike on a public street and struck the defendant's vehicle, which had pulled out from a stop sign and was turning left. The plaintiff sustained multiple fractures and a brain bleed.


  • Plaintiff was an employee of Amtrak. The train she was on struck the defendant's trailer at 70 MPH. She claimed aggravation of pre-existing back problems leading to surgery.


  • Plaintiff, severely intoxicated, got into a dispute with a security guard at a complex. The guard shot the plaintiff twice, once after he was on the ground.


  • Construction accident involving father and son. Multiple fractures and related injuries.


  • Plaintiff motorcyclist struck a u-turning vehicle operated by defendant. Impact occurred at highway speed. Plaintiff sustained leg and shoulder injuries from which he has still not fully recovered. Case not yet in litigation.


  • Plaintiff injured himself on apartment stairs thus giving him anxiety-induced panic attacks, which resulted in death from not making it to the hospital fast enough due to having a heart attack that he thought was a panic attack.


  • Plaintiff struck in the head by the overhead gate in a service elevator. Gate was lowered by an employee of another contractor. Other defendants included building owner and elevator maintenance co. Plaintiff claimed permanent injuries influencing his ability to work.


  • Plaintiff was struck while walking his dog.  Defendant driver was towing a trailer which became disconnected and struck the plaintiff, causing extensive injuries.  Plaintiff alleges that the driver, who had no insurance, was in the course and scope of his employment by the defendant, for whom he was building a fence.  The defendant denied that he had any control over the driver/defendant’s work and therefore was not liable for injuries to third parties such as the plaintiff.


  • Defendant truck driver crossed partly into shoulder on a freeway and struck a motorist who pulled over to check a problem with his vehicle. He was standing on the driver's side when he was struck. The truck also sideswiped the parked vehicle.


  • 64-year-old male was killed crossing the street, and mother and heir died of a broken heart five days later. Siblings brought their mother's wrongful death claim, which survives. An additional issue was whether the mother survived more than 120 hours. If not, then the siblings could bring their own wrongful death claim for their brother's death.


  • Action for wrongful death brought by the parents of a boy killed when he rode his skateboard under a moving garbage truck. A second boy, also on the skateboard, brought suit for severe personal injuries.

  • Action for severe chemical burn injuries sustained when the plaintiff, driving a truck filled with pool chemicals, struck the trailer of a truck, causing the chemicals to crash into the cab of the plaintiff’s vehicle.

  • Action for extensive personal injuries sustained by the driver of a vehicle hung up on railroad tracks, which was struck by an oncoming train before the plaintiff could extricate himself from the vehicle.

  • Action for wrongful death by the two sets of parents of a newly married couple killed by a driver who fell asleep and struck the couple’s car head on. Significant emotional and personality conflicts between the two sets of parents.

  • T-Bone collision resulting in neck and back injuries. Carrier rejected $100,000 policy limits demand despite clear liability and surgical prognosis. Case settled for substantially above policy limits.

  • Action for wrongful death by two minors arising out of the death of their father when he was crushed by a runaway trailer. The two minors also sustained injuries and had Dillon v Legg claims. A female passenger claimed multiple injuries and a closed head injury.

  • Action for wrongful death for motorcycle rider killed when he struck a left turning vehicle.

  • Action for wrongful death by elderly woman survived by eight children. The woman was quite short and was below the truck driver’s vision when the light turned green and the driver started up, running over the woman in the crosswalk.

  • Action for injuries for mother and daughter struck from behind by a motorist while they were bicycling home.

  • Multiple claimants making claim to a 1.3-million-dollar liability policy which was being tendered. Injuries included death, closed head injuries, multiple fractures.

  • Action for personal injuries – crushed hand – sustained when operator of a forklift pinned a truck driver’s hand against the truck during the loading process.

  • Postal worker attacked by dogs and fell, sustaining traumatic brain injury.

  • Action for severe personal injuries sustained when a vehicle crushed the plaintiff against the side of a building while seated at a bench. Claim against building owner based on dangerous position of bench.

  • Burn injuries sustained by restaurant patron when hot liquid spilled on her.

  • Homeowner tripped over utility conduit, aggravating a pre-existing back condition.

  • Wrongful death of a child resulting from the ingestion of over-the-counter medication. Summary judgment for the manufacturer granted, settled on appeal.

  • Claimed tire defect caused single car accident resulting in paraplegia.

  • Claimed improper design of trailer, resulting in separation from tractor and wrongful death of occupant of stopped vehicle.

  • Claimed defect in design of ladder resulted in collapse, personal injuries.

  • Neighbor versus neighbor – long standing animosity – knee damaged in altercation over location of garbage cans.

  • Personal injuries sustained by bar patron in altercation with security guard.

  • Personal injuries (scarring) sustained by female bar patron when fight broke out between two groups of patrons.

  • Wrongful death of a woman at the hands of her boyfriend, who had a modest liability policy. Boyfriend was charged with murder and the insurance company filed a declaratory relief action. The case settled after a protracted mediation and just hours before the jury returned a guilty verdict in the murder case.

  • Breach of privacy against electronics company and its employee by female whose pictures were lifted from her cell phone and transmitted to the employee’s phone.

  • Neighbor versus neighbor – brain damage resulting from physical altercation

Personal Injury / Products Liability

REPRESENTATIVE CASES

John M. Drath, Esq.

Mediator  •  Arbitrator