Rosenthal Injury Law

$10

Bicycle Accident, Traumatic Brain Injury

Our client was riding his bicycle in a bike lane when he moved to the left to avoid a tree branch that had been allowed to grow over and obstruct part of the bike lane. When our client moved to the left to avoid the branch, he was hit near the line dividing the bike lane and traffic lane by delivery van operated by a State of California employee. The police report placed our client at fault for veering out of bicycle lane into the roadway. Our accident reconstruction investigation proved that our client didn’t leave the bike lane and that the van driver violated Vehicle Code §21760, the Three Feet For Safety Act, by not giving our client the required safe clearance while passing his bike. The State of California paid a settlement of $10,000,000, which provided the client with financial support, home comfort and medical care for the rest of his life.

$4

Premises Liability, Traumatic Brain Injury

Our client was riding his bicycle in a bike lane when he encountered a tree branch that had been allowed to grow over the bike lane and partially blocked a bicyclist’s path. Our investigation revealed that the tree that caused our client to move to the left into the zone of danger was on County of Sacramento property, was overgrown and not properly maintained, and that the County violated its own code that required that trees on public property be trimmed to provide at least 14.5 feet of clearance above all roadways. The County contributed to a settlement that provided our client with financial support, home comfort and medical care for the rest of his life.

$1

Product Liability - Pharmaceutical

Mr. Rosenthal secured a settlement from American Home Products, also known as “Wyeth”, in the litigation over the diet drug “Fen-Phen”, which was shown to cause pulmonary hypertension and heart valve damage in people trying to lose weight for health reasons. Evidence established that Wyeth was aware of the damage its drug could cause and obtained FDA approval and marketed to consumers without disclosing the information.

$1

Drunk Driving Accident, Underinsured Motorist

Mr. Rosenthal secured a settlement for the passenger in a vehicle being driven by a drunk driver that ran off a wet roadway at 90 miles per hour and hit a tree. After recovering the $15,000 policy limit for the drunk driver, we pursued “underinsured motorist” coverage through our client’s parents’ auto insurance policy. Our client lived with his parents only part of the time and the insurance company hired a lawyer to fight coverage based on lack of residency in the home, but we were able to prevail and recover the $1,000,000 uninsured motorist policy limit. We also recovered an additional settlement from a landscape company that created a dangerous condition on the roadway by overwatering the median where the collision occurred.

$1

Auto Accident, T-Bone Collision

Mr. Rosenthal secured a settlement for a client who was driving down Madison Avenue when a Garda armored truck pulled out of a parking lot directly in his path, causing a t-bone collision. Our client had “chronic” back pain prior to the collision and the defense claimed the two-level L4-5 and L5-S1 lumbar spine fusion surgery was not caused by the accident. During trial, we were able to prove through expert testimony by our client’s treating orthopedic surgeon that, despite the pre-existing back pain, the collision was a substantial factor in aggravating the condition to the point that he required surgery. The defense steadily increased its offers during the course of the trial until a settlement was reached.

$850

Slip and Fall, Workers' Compensation

Our client was working at a Saks Fifth Avenue store when she slipped on a wet floor after the area had been mopped by a cleaning service company. Investigation showed that no sign had been placed warning of the wet floor in violation of safety policies and procedures. Our client suffered a neck injury that required a two-level cervical fusion surgery at C5-6 and C6-7. Although some of our client’s damages were covered by workers’ compensation, we sued the responsible third-party and secured a separate recovery for future medical expenses, lost income, and pain and suffering.