"One Call Does it All®" Call Today!
1-800-INJURED
se habla español
310-641-3335

Ellis Law Wins $2.4M Jury Verdict Following Three-Year Legal Battle

EllisLaw_Attorney_2_low

Ellis Law is pleased to announce our recent victory and a multi-million dollar jury verdict in a serious auto accident case. Our clients came to us after a heavy rear-impact collision on the 10 freeway at Yucaipa Boulevard in Redlands, which pushed the vehicle into the center divider, causing the airbags to deploy forcefully. The impacting vehicle was driven by a man working for the County of San Bernardino District Attorney’s office.

The accident left the husband with soft tissue injuries amounting to $10,000 in medical bills. The wife was initially treated for soft tissue injuries, but soon developed intercostal neuralgia – a severe pain in the abdomen – as well as neck and lower back injuries. She saw a pain management specialist for many months and underwent a number of nerve blocks and ablations to manage her condition.

The Battle

The defendants enlisted the help of a neurologist and a billing expert to dispute the medical expenses. Meanwhile, we brought in the couple’s medical team, which included their family practitioner, psychologist, pain management specialist, and orthopedic expert. We also tapped the expertise of a well-known accident reconstructionist and bio-mechanic and our own billing expert. We brought in the plaintiffs’ coworkers and children to enhance the emotional appeal of the toll these injuries have taken on the friends and loved ones they knew so well.

Our cross-examination of the defense counsel’s neurologist revealed that he was unprepared for trial. He not only was missing records and foggy on the details of the case, but he held the outrageous position that eight different doctors had missed a “preexisting condition” of herpes Zoster – which he blamed for the wife’s injuries. We simply referred to the National Institutes of Health standards for diagnosing viruses to crumble his entire theory.

It also helped that we were familiar in dealing with their so-called billing “expert”, who believes in the “Medicare + 130%” formula for calculating “reasonable” medical expenses, which is just not in line with reality. We pointed to records showing that Ventura County was charging Medicare + 154%. Beyond that, we made the case that our plaintiffs were not Medicare eligible, so the numbers had no bearing in this case. The defense also tried to tap their billing expert as a secondary “doctor”, but it became immediately evident that his expertise did not extend beyond billing.

Over the years, we have learned that conducting a series of interviews with our clients prior to trial is the best way to find the true, down-to-earth, core story that they have to tell. Our doctors – some of which had never testified on the stand before — performed very convincingly in court. It helps to have consummate professionals backed with MRIs and other documents who can enhance the credibility of your legal arguments. Our reconstruction expert brought his own fantastic exhibits.

It wasn’t always easy coordinating everyone’s schedules, particularly around the holiday season, but Paralegal Brenda Dranow, who has been with the firm for over 20 years now, was instrumental in making sure everybody got to the courthouse and was prepared.

The Result

The County of San Bernardino initially offered $120,000 to settle the case. In the final days before trial, they raised their offer to $375,000. We sought $965,000 in our lawsuit filing, but lowered the amount to $550,000, at the clients’ request. The discrepancy was enough to take us right to the trial. We weren’t backing down!

Judge Michael Sachs, a veteran of  the San Bernardino County court system for 20 years, has a reputation as a very fair-minded judge. The County of San Bernardino was ordered to pay our clients an extraordinary sum of $2.4 million.

“This was a hard-fought victory for our team,” reflects Andy Ellis. “Winning is not just about the black-and-white facts of a case, but about bringing out the powerful stories that people have to tell.”

He went on to praise his co-counsel. “Britt Karp is a rising star for the firm who went the extra mile in preparing the case,” he added. “She spent a lot of time with the clients to get the honest, emotional story that ultimately convinced the jury. I am certain we’ll soon see many more victories from Britt in her role as first chair.”

Let’s keep fighting for justice. Contact the Ellis Law Firm for a free case evaluation. You don’t pay a cent unless we win your case.

Lowe’s Slip and Fall Case Yields $16.4M Jury Verdict

slippery floor signIn July of 2013, Kelly Hendrickson went to a Lowe’s store in Las Vegas to shop for palm trees. While in the garden department, the 38-year-old mother of three slipped, fell and struck her head on the hard concrete. She contends that Lowes ought to be held liable for her permanent brain injuries and recently, a jury agreed with her. Hendrickson was awarded $16.4 million in compensatory damages.

The decision followed about six hours of deliberations, which took place at the end of the trial in April 2016. The award included $1.9 million for Hendrickson’s medical expenses and $14.5 million for her pain and suffering. The jury rejected the claimant’s bid for punitive damages.

Plaintiff sues after suffering severe injuries

Kelly Hendrickson had been checking out the palm trees not long after the inventory in the garden department had been watered. As a result, the concrete was quite wet. A Lowe’s employee did place a four-foot tall caution cone in the area. However, counsel for the plaintiff contended that the cone was obstructed by a planter table and not visible.

To give the jurors a visual demonstration of how a patron of Lowe’s might easily miss seeing the caution cone, the counsel for the plaintiff dramatically pulled out a similar caution cone from behind the witness stand at one point during the trial. He pointed out that as everyone had walked in the courtroom that morning, apparently no one had seen the caution cone because it was hidden from view.

During the course of the trial, the plaintiff’s counsel also poked holes into witness testimony for the defense. A man had testified that he’d seen Hendrickson jump and knock over the cone when she fell.

“It’s hard to imagine a better warning of something on the ground than being so close to the cone that you yourself knock it down,” asserted the counsel for the defense. The claimant’s counsel countered this witness testimony by pointing out that at the time of the incident, the witness was across the parking lot and only saw the fall from out of the corner of his eye. The attorney also pointed out that the witness was not able to recall the color of the caution cone when asked, incorrectly stating that it was orange when it was actually yellow.

The effects of comparative negligence

The slip and fall accident at Lowe’s changed Hendrickson’s life forever. After she fell and cracked her skull, she incurred significant medical expenses. She is believed to have permanently lost her senses of smell and taste, and she suffers from other neurological injuries.

The jury verdict will help her cover her expenses; however, it’s likely that it will be reduced. Nevada recognizes comparative negligence and the jury found that Hendrickson was 20 percent responsible for the fall and her injuries. This means that the verdict will be reduced by 20 percent. Additionally, it’s possible that the defendant could appeal the verdict.

Have you suffered injuries in a retail establishment?

Slip and fall accidents can lead to a wide range of injuries, from minor to debilitating. If you’ve suffered from fractures, head trauma, or any other types of injuries after falling on someone else’s property, you may have the basis for filing a premises liability lawsuit.

Contact Ellis Law to schedule a free case review. Our team of highly skilled personal injury lawyers will explain your legal rights and pursue maximum damages if litigation is the right path in your case. Residents of the greater Los Angeles area can call our office at 1-800-INJURED for a no-obligation consult.

Los Angeles Lawyer Gets $1 Million Dollar Settlement

Justina-Los-Angeles-Lawyer

In cases where a child is involved, a righteous indignation occurs within oneself. And for attorney, Justina Ramon, that’s exactly what occurred, leaving only one purpose in mind: ensuring a result which would afford the child with the necessary resources to address his special needs and the best opportunity for a successful future.

On the night of his delivery, the child’s mother was prepped to deliver through a cesarean section. The baby was 3 months premature so the recognition of delivering this baby with extreme caution should have been resoundingly clear to each of the involved physicians and staff.

Nevertheless, when the doctor began to cut the mother’s uterus in order to remove the baby the doctor cut too deep, resulting in a large and deep laceration to the baby’s scalp. As a result, surgical repair to the baby’s scalp was needed, as well as, a blood transfusion due to the loss of blood, antibiotics to avoid infection, radiology scans and prolonged hospitalization.

The mother and baby sued and under the careful leadership of her attorney, Justina Ramon, the matter was settled for a sum over $1 million dollars. The child, who is now three years old, is receiving the care and treatment he requires in order to address his ongoing needs to ensure a bright future.

It was Justina’s passion, arguments and relentless perseverance that led to the settlement. While by no means do these monetary settlements ever truly compensate these victims suffering or loss; the settlement provided a sense of justice and alleviated expenses and costs brought on by the accident.