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Arevalo v. U.S. Cycling Federation

Plaintiff was injured while participating in a bicycle race when his bicycle came into contact with fluid on the track, causing him to fall. Our motion for summary judgment was granted despite plaintiff’s arguments of fraud and misrepresentation. $5,000 in indemnity was paid in exchange for a waiver of plaintiff’s right to appeal the ruling.

Caballero v. Willow Springs International Motorsports Park

Plaintiff was injured while motorcycle racing and sustained medical expenses in excess of $300,000. Our motion for summary judgment was granted, despite allegations in the complaint of fraud, negligent misrepresentation, and violations of the law. The case was dismissed and nothing was paid in indemnity. The ruling was upheld on appeal.

Castillo v. L.A. Fitness

Plaintiff was injured when she fell off of a treadmill at one of the insured’s national health clubs. She alleged substantial soft tissue injuries and continuing problems. Our motion for summary judgment was granted in the face of numerous legal challenges. Judgment was entered against the plaintiff and plaintiff gave up her right to appeal for a waiver of costs. No indemnity was paid on behalf of the insured.

Dermenjyan v. Quantum Rock

Plaintiff suffered torn ligaments in her knee while jumping on a trampoline at an extreme sports event held at the Santa Monica Pier. Our motion for summary judgment was granted and judgment was entered against the plaintiff. No indemnity was paid on behalf of the insured.

Gaytan v. Close Encounters Paintball

Plaintiff was struck in the eye while participating in a paintball game at the insured’s facility and suffered permanent eye damage, including vision loss. Our motion for summary judgment was granted despite numerous legal challenges by plaintiff and judgment was entered against plaintiff. Plaintiff elected not to proceed on appeal and no indemnity was paid on behalf of the insured.

Gritton v. Extreme Competition Park

While motorcycle racing at this international extreme sports and entertainment complex, plaintiff, a 16-year-old boy, sustained severe head injuries. The boy’s motorcycle left the track and crashed into a truck parked nearby. In addition to the boy’s negligence claim, the boy’s father sued for negligent infliction of emotional distress. We filed a motion for summary judgment against only the father based on his execution of a waiver and release, but the trial court denied the motion. We then filed a writ petition with the Court of Appeal, which was granted, thereby ordering the trial court to enter judgment in our favor against the father. We next moved for summary judgment against the minor based on implied assumption of risk, as no waiver was signed on his behalf. While the motion was pending, plaintiffs’ attorney voluntarily dismissed the insured for zero dollars in indemnity. Plaintiffs’ case proceeded against co-defendant Yamaha, which paid at least one million dollars at mediation.

Kougasian v. TMSL

Decedent died while skiing on the ski slopes operated by the insured and his family filed suit. Decedent fell after taking a ski jump and hit an unexposed rock. Our motion for summary judgment was granted and judgment was entered against plaintiffs. Plaintiffs thereafter filed separate lawsuits in other jurisdictions, including in Federal Court. All of the subsequent lawsuits and all appeals related thereto have been successfully defeated such that no indemnity has been paid on behalf of the insured.

Medina v. L.A. County Raceway

Plaintiff, a spectator at a racing event, was injured after being hit by a motorcycle and incurring medical expenses in excess of $300,000. In response to the filing of a motion for summary judgment, the case settled for $2,500.

Miller v. Big League Dreams

Plaintiff was playing in a recreational softball league when he tripped and fell entering the dugout, suffering a fractured ankle. The premises were still under construction such that the dugout was not completely finished, and plaintiff alleged that it constituted a dangerous condition on the premises. Our motion for summary judgment was granted and no appeal was taken. No indemnity was paid on behalf of the insured.

Paniagua v. L.A. Memorial Coliseum

Plaintiff suffered numerous soft tissue injuries as a result of an alleged assault and battery committed by security officers at this historic sports monument. Plaintiff alleged intentional torts along with negligent security. The matter was submitted to binding arbitration and the arbitrator issued a defense award. No indemnity was paid on behalf of the insured.

Sosa v. Riverside Riding Club

Plaintiff was injured when, while riding a horse, she hit a tree and fell to the ground sustaining head injuries, incurring over $100,000 in medical expenses. Plaintiff did not sign a waiver and release. We brought a motion for summary judgment based on implied assumption of risk, which was granted. The case was dismissed and no indemnity was paid.

Wright v. Green Day

Plaintiff was a stagehand at a concert held at the Universal Amphitheater. The insured, Green Day, performed as part of the concert. Plaintiff claimed that Green Day’s security guards pushed his over a table and assaulted and battered him, causing him multiple soft tissue injuries and residual problems. After extensive discovery and investigation, plaintiff reluctantly settled the case for a mere $15,000.

Zanger v. Alec Baldwin

Plaintiff, a member of the paparazzi, was staked out in front of famous film and television actor Alec Baldwin’s home as he and his wife were bringing home their new baby. An altercation ensued with plaintiff allegedly suffering a fractured nose, deviated septum, and a hip injury. Plaintiff made numerous claims, including for assault, battery, intentional infliction of emotional distress, and he sought $500,000 in damages. The case proceeded to trial and the plaintiff was awarded a mere $4,500 in damages.

Medical Malpractice Cases

Represented the County of Los Angeles in a medical malpractice claim. We moved for summary judgment on the ground that the plaintiff failed to properly comply with the claim requirements before filing a lawsuit against a public entity. The motion was granted at the trial court level and judgment was entered against the plaintiff. The ruling was later upheld on appeal.

Successfully defended an emergency room physician who was sued, among other co-defendant physicians, for malpractice in the wrongful death of a child. Plaintiffs alleged the physician failed to diagnose and properly treat the patient. Plaintiff’s attorney elected not to oppose our motion for summary judgment.

Defended a California hospital against medical malpractice and Elam claims in a surgical case. Plaintiff’s counsel alleged that our client hospital had inappropriately allowed a surgeon to perform bariatric surgery. The court granted our motion for summary judgment for both the Elam claim and the malpractice claim against the hospital. The court also awarded our costs and fees.

Obtained summary judgment in favor of our clients, a nurse and a hospital, in a case alleging civil rights violations, assault and battery and medical malpractice. The motion was granted in favor of our clients, although a similar motion brought by a co-defendant was denied.

Successfully eliminated an elder/dependant adult abuse cause of action at the demurrer stage against a Los Angeles hospital. The decedent was a rehabilitation patient in defendant’s hospital recovering from a stroke, who sustained a head injury that ultimately led to his death.

The aforementioned is merely a representative sampling of some of our recent results. Numerous other cases have been successfully resolved by way of demurrers, motions for summary judgment/adjudication, and favorable settlements. In addition, our firm has been quite successful in facilitating tenders of defense and requests for indemnity on behalf of the insureds.

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