General Liability. LewisBrisbois.com

Transcription

1 General Liability

2 General Liability Lewis Brisbois Bisgaard & Smith LLP s General Liability Practice comprises more than 250 attorneys from coast to coast who have successfully represented defendants in significant exposure cases in numerous general liability areas. The General Liability Practice regularly provides defense for a variety of property and personal injury claims, for both businesses and individuals who may be insured or self-insured. While the attorneys within the firm are equipped to handle a wide array of matters, we specialize in the litigation and trial of catastrophic injury, wrongful death and complex litigation cases. The General Liability Practice partners and senior associates are seasoned and well-respected trial attorneys who have broad trial experience. Our attorneys have been cited by the National Law Journal for obtaining one of the "Top 10 Defense Verdicts of the Year", and have received other prominent recognition. The core practice areas include: PREMISES LIABILITY Lewis Brisbois regularly defends retail businesses, apartment and condominium complexes, movie and television studios, hotels, casinos, restaurants, grocers, nonprofit institutions, universities and schools, pharmacies and health care facilities, sports and entertainment venues, summer camps, other youth camps and organizations, automotive repossessors, and residential properties in a wide variety of premises liability actions, including claims for slip/trip-and-fall, criminal conduct of third parties on the premises, negligent security claims, false imprisonment and claims involving foodborne illness. The General Liability Practice s recent successes in defending premises liability matters include: Summary judgment on behalf of a restaurant franchisee disputing the failure to provide adequate security and requirement that they should have installed a bulletresistant window at a drive-thru. Jury defense verdict in a federal matter against a property owner where plaintiff sustained personal injuries after falling on a wheelchair ramp. Plaintiff claimed the wheelchair ramp was unsafe and not ADA compliant. Plaintiff was not disabled at the time of the fall and the court precluded counsel from mentioning the ADA in argument. Defense verdict in a case involving claims of inadequate security procedures by a Las Vegas casino and hotel leading to personal injuries when a fight broke out between casino patrons. Casino security officers escorted the fighting patrons out of the casino, and once outside, an unknown assailant attacked the plaintiff.

3 COMMERCIAL & PERSONAL AUTO, TRUCKING, PUBLIC TRANSPORTATION, RENTAL CAR & LIMOUSINE COMPANIES The General Liability Practice has represented a wide range of commercial transportation entities, including bus companies, trucking companies, emergency vehicles, and auto liability insurers. The firm distinguishes itself by providing a 24 hour on-scene response team to assist in securing, obtaining, and preserving evidence such as witness statements and photographs. Some of our recent successes include: Lewis Brisbois represented a company whose driver rear-ended a plaintiff s vehicle, pushing into the vehicle in front of plaintiff. Plaintiff claimed to need extensive future medical treatment, including spinal surgery. At trial, plaintiff asked the jury for $500,000 in damages. The jury returned a verdict in favor of plaintiff for just over $16,000, which was reduced to $11,700. This reduction is attributed to the strategic procedural maneuvers taken by our defending attorneys that allowed for the recovery of legal fees and costs as an offset. Lewis Brisbois represented a trucking company wherein their driver drove through an intersection at almost precisely the same time as another tractor-trailer of similar make and model. The similar truck, however, struck an elderly pedestrian. Plaintiff sued both our client and the other company, who adamantly denied being the tortfeasor. The firm aggressively worked up the accident reconstruction, and ultimately obtained a dismissal for $5,000. Lewis Brisbois represented a Fortune 500 company and its salesman, who had gotten into an accident while driving intoxicated. With liability not an issue in the matter, the firm focused its attention towards the damages claims, including $55,000 in medical expenses and an alleged $24,000 per year in loss of earning claims. The plaintiff demanded $1.125 million dollars for settlement prior to mediation, but was only awarded $275,000 at mediation. LIQUOR LAW The firm successfully defends bars, taverns, hotels and other social organizations against claims from third parties that claim injury or death from the sale of alcohol to intoxicated patrons or to minors. Lewis Brisbois has been successful in dispositive motions involving dram shop liability, including a case in favor of a private fraternity when a minor consumed alcohol at a private event and subsequently caused an accident. The firm has effectively negotiated low settlements in cases that involve serving alcohol to underage persons, including a claim where a minor plaintiff brought a lawsuit against a bar for injuries she received to herself after consuming alcohol at our client s facility. LEAD PAINT Our group has effected successful dispositions to hundreds of significant lead poisoning cases. Lewis Brisbois has developed strong working relationships with the foremost experts in the area of lead-based paint poisoning; we have litigated against the most preeminent plaintiffs lawyers; we have authored authoritative texts and national law journal articles in the area of lead-based paint poisoning; we maintain a national database of the latest developments in this burgeoning field. We have formulated strategies specific to the complex issues involved in successfully defending against lead poisoning lawsuits, as well as preventing, reducing and minimizing these claims, whenever possible. The practitioners in this group have success in defending these cases including: A defense verdict was attained in a lead paint litigation where infant plaintiff suffered from significant elevated blood lead levels and

4 defendants property received multiple violations involving impermissible levels of lead. The jury was convinced that the infant plaintiff s alleged injuries were pre-existing as confirmed by medical records, the infant had overcome any alleged injuries and was a well adjusted child. A defense verdict was attained in lead paint litigation where an infant plaintiff had an elevated blood lead level, underwent chelation therapy, and defendants property received significant violations involving impermissible levels of lead. The defense was able to successfully prove to the jury that the infant s exposure occurred in another country, the equipment used by the Department of Health was faulty and lead to inaccurate findings of increased lead levels. GOVERNMENT ENTITIES Lewis Brisbois General Liability Practice Group specializes in the defense of matters involving counties, cities, universities, police officers and police departments, school districts, waste management facilities, landfills and transfer stations in a variety of complex litigation matters. Our recent success in defending government entities include: Demurrer of entire wrongful death action against Sheriff s Department. U.S. District Court granted motion to dismiss entire action in a suit by a male college athlete claiming damages against a university arising out of an investigation of sexual harassment allegations against him. Plaintiff agreed to not appeal and to pay defendant s cost of suit. Summary judgment in breach of contract, FEHA violations, and retaliation suit against a university. The Court of Appeal affirmed the summary judgment. U.S. District Court granted summary judgment in a civil rights suit against the Sheriff s Department. Summary judgment granted in a dangerous condition death case against a municipality. FALSE ARRESTS We have defended clients in numerous cases alleging false arrests, malicious prosecution, false imprisonment and civil rights violations in state as well as federal courts. The Group s recent success in defending these cases include: Demurrer to civil rights complaint involving release of parolee. Motion to strike granted to a civil rights complaint alleging inadequate medical treatment in jail Defense verdicts in cases involving false arrests and excessive force, and Monell.

5 General Liability Practice Leadership ALAN KAMINSKY New York & New Jersey GREGORY S. KATZ New York DOUG W. LEWIS San Diego JOHN S. LOWENTHAL San Bernardino KENT M. ADAMS Houston & Beaumont KAREN CAMPBELL New York & New Jersey DARRELL D. DENNIS Las Vegas JAMES R. DOYLE Atlanta DANA A. FOX Los Angeles CARL F. MARIANO Phoenix & Tucson CHRISTOPHER J. NEVIS San Francisco SHAWN A. TOLIVER San Francisco CARY L. WOOD Los Angeles TIMOTHY J. YOUNG Chicago

6 Firm Overview Established in 1979, Lewis Brisbois Bisgaard & Smith LLP is a national, full-service law firm with nearly 900 attorneys and 30 offices, in 16 states and the District of Columbia. Our national practice is sophisticated, multi-faceted and well-versed in current legal trends, while our individual state practices provide vast resources and knowledge of procedural and legal nuances. Lewis Brisbois offers legal practice in nearly 30 specialties, and a multitude of sub-specialties associated with each practice area. Our attorneys have broad knowledge, expertise, and sensitivity to their clients unique needs. Through interaction among its practice groups, Lewis Brisbois provides a wide range of legal services to each client with a continuity of representation over multiple disciplines. We have built longstanding relationships with corporate and institutional clients based on our ability to provide comprehensive service on a national scale. At Lewis Brisbois, diversity is an integral part of our firm culture and our daily life. We accomplish diversity not by committee or initiative, but through the true and committed practice of hiring the best people for the job and consistently rewarding excellence. The success of these policies is reflected in the fact that Lewis Brisbois has repeatedly received national recognition for its commitment to embracing diversity. Lewis Brisbois is committed to hiring and retaining a diverse group of talented lawyers and staff, and demonstrates that commitment through non-discriminatory hiring, retention and promotion policies. The diversity of the firm s client base is matched by the diversity of our attorneys. With offices from Los Angeles to New York, our attorneys reflect the communities in which they live. The firm s culture has fostered a diverse group of professionals committed to promoting the best interests of our clients, our communities and the legal profession. We are committed to supporting diversity through new and ongoing relationships with minority and women-owned businesses. Lewis Brisbois is known for its commitment to principled advocacy, an unflinching work ethic, and unyielding recognition of our duty to provide the highest level of service to our clients, who choose us because we take the time to understand their business interests and philosophies. We have developed sophisticated proprietary risk evaluation and litigation management processes that many of our clients have incorporated into their business practices, and we help them manage and defend claims and litigation. As a result, they are avoiding and reducing losses that impact their bottom line. Our practice includes pre-suit counseling and problem solving based on a structured and accurate analysis of likely outcome. We know our clients objectives are often best served by a pre-suit resolution, and we are often judged by the advice and counsel we provide toward that end. However, when trial is the answer and in the client s best interest, no law firm in this country understands and better executes a trial strategy than Lewis Brisbois. We are truly client driven and result oriented. For more about Lewis Brisbois, please visit us at.

7 Nationwide Locations ATLANTA 1180 Peachtree Street NE Suite 2900 Atlanta, Georgia T: F: DENVER The Brind Mansion 825 Logan Street Denver, Colorado T: F: LAS VEGAS 6385 South Rainbow Blvd. Suite 600 Las Vegas, Nevada T: F: ORANGE COUNTY 650 Town Center Drive Suite 1400 Costa Mesa, California T: F: SAN FRANCISCO 333 Bush Street Suite 1100 San Francisco, California T: F: BEAUMONT 550 Fannin Street Suite 800 Beaumont, Texas T: F: BOSTON 75 Arlington Street Suite 500 Boston, Massachusetts T: F: FORT LAUDERDALE 200 Las Olas Circle 200 S.W. First Avenue Suite 910 Fort Lauderdale, Florida T: F: HARTFORD 100 Pearl Street Suite 1438 Hartford, Connecticut Tel: Fax: LOS ANGELES 221 North Figueroa Street Suite 1200 Los Angeles, California T: F: MADISON COUNTY, IL Mark Twain Plaza II 103 W. Vandalia Street Suite 300 Edwardsville, Illinois T: F: PHOENIX Phoenix Plaza Tower II 2929 North Central Avenue Suite 1700 Phoenix, Arizona T: F: PROVIDENCE 10 Dorrance Street Suite 700 Providence, Rhode Island Tel: Fax: SEATTLE 2101 Fourth Avenue Suite 700, Seattle, Washington T: F: TAMPA 3812 Coconut Palm Drive Suite 200 Tampa, Florida T: F: CHARLESTON 209 Capital Street Third Floor Charleston, West Virginia T: F: HOUSTON 3355 West Alabama Suite 400 Houston, Texas T: F: NEWARK One Riverfront Plaza Suite 350 Newark, New Jersey T: F: SACRAMENTO 2850 Gateway Oaks Drive Suite 450 Sacramento, California T: F: TEMECULA One Ridgegate Drive Suite 245 Temecula, California T: F: CHICAGO 550 West Adams Street Suite 300 Chicago, Illinois T: F: LA QUINTA, CA Main Street Suite 203 La Quinta, California T: F: NEW ORLEANS 400 Poydras Street Suite 1320 New Orleans, Louisiana T: F: SAN BERNARDINO 650 East Hospitality Lane Suite 600 San Bernardino, California T: F: TUCSON One South Church Avenue Suite 2100 Tucson, Arizona T: F: DALLAS 901 Main Street Suite 4100 Dallas, Texas T: F: LAFAYETTE 100 E. Vermilion Street Suite 300 Lafayette, Louisiana T: F: NEW YORK 77 Water Street Suite 2100 New York, New York T: F: SAN DIEGO 701 B Street Suite 1900 San Diego, California T: F: WASHINGTON, D.C. 601 Pennsylvania Avenue, NW Suite 900, South Building Washington, D.C T: F:

8 CLIENT FOCUSED RESULTS DRIVEN