Verdicts & Settlements

Defense verdict.

Yacobucci v. County of San Bernardino, case number VCVVS 026937. This case involved civil rights excessive force claims involving the use of multiple blows from a baton. The jury trial lasted four weeks.

Settled

Tushkov v. County of San Bernardino, et. al. case number VCVVS 027415. This case is a double fatality road case claiming a dangerous condition of public property. The case was mistried during jury selection and is slated for trial to commence July 30, 2007.

Affirmed on Appeal.

Maragno v. County of San Bernardino, case number SCVSS 107262, Fourth District case number E039445. This is a case where summary judgment was granted on the issue of no duty owed by the Sheriff's Department in providing assistance to a 911 caller which resulted in a death. This summary judgment was affirmed on appeal by the Fourth District Court of Appeal

Reversed and qualified immunity granted.

Brittain v. Campbell, case number EDCV 01-595 VAP (FMOx), Ninth Circuit case number 03-57012. The Ninth Circuit reversed the trial court's denial of qualified immunity for Deputy Brian Campbell. Deputy Campbell was enforcing a child custody order and was sued for violating the Fourteenth Amendment for his interference with the family relationship between two divorced parents. The Ninth Circuit ruling further delineated the issue of qualified immunity for police officers.

Affirmed on appeal.

Sherburne v. County of San Bernardino, case number VCVVS 018662. Summary judgment was granted to the County of San Bernardino on various civil rights claims and state tort claims arising out of the execution of search warrants and seizure of property. The summary judgment was affirmed on appeal before the Fourth Appellate District and the California Supreme Court denied review.

Defense verdict.

Gile v. Briscoe, et al., case number CV 04-03796 SGL. This was a federal jury trial involving civil rights excessive force claims and wrongful arrest.

Defense verdict.

Center v. County of San Bernardino, et al., case number EDCV 99-00087 CJC (RZx). This was an employment case alleging termination based upon retaliatory actions in violation of the Plaintiff's First Amendment rights to freedom of speech and association. The defense verdict was rendered after approximately an 8 day jury trial. The Ninth Circuit upheld the defense verdict on appeal.

Dismissal after two mistrials.

Zwick v. County of San Bernardino, et al., case number EDCV 02-01115 VAP. Federal jury trial involving civil rights wrongful arrest and failure to train. Plaintiff's counsel dismissed after summary judgment was granted by the Court on key issues of the case.

Defense verdict.

Ogunrinu v. City and County of San Bernardino, et al., case number SCVSS 81279. This case included false imprisonment and excessive force civil rights claims.

Settlement during trial of $45,000 on 3 year old case.

Backer v. County of San Bernardino, case number EDCV 01-00724 VAP. This case was a federal jury trial involving civil rights excessive force and wrongful arrest claims.

Defense verdict

Boruff v. San Bernardino County, case number VCVVS 023191. This case involved a wrongful termination case involving ADA issues with Plaintiff claiming the Defendant failed to accommodate his disability.

Settled during trial before punitive damages phase.

Tom Austin v. County of San Bernardino, et al., case number EDCV 01-0081 VAP. This case involved multiple claims against the Sheriff's Department for a search, use of force and wrongful arrest. The case settled for $325,000 after a finding of liability before a punitive phase for trial.

Defense verdict.

Baumbauer v. County of San Bernardino, et al., case number SCVSS 074506. Motor vehicle personal injury case. Plaintiffs turned down $50,000.00 offer before trial.

Defense verdict.

Lowry v. County of San Bernardino, case number BCV 04454. This case involved wrongful arrest, excessive force and civil rights claims.

Verdict

Malkenson v. County of San Bernardino, case number BCV-64511. This was the third jury trial over a horrific car wreck that took place on I-40. The first two trials were mistried as the jury could not reach a verdict, first trial- 7-5 for plaintiff; second trial 8-4 for defense. The third trial resulted in a verdict in the sum of approximately $280,000 with medical specials of approximately $130,000. The demands were never less than $500,000 and neither side prevailed on their 998 demands.

Verdict reversed on appeal.

Neshat v. County of San Bernardino, et al., case number SCVSS 57511. This case involved defamation claims by a Deputy D.A. against a Deputy Public Defender not in the course of his job duties. The case went to trial and a verdict of $250,000 was rendered against the Defendants. This was overturned on appeal as the Appellate Court ruled the shouts were not actionable as the shouts were opinion and not factual assertions.