Representative Cases: Please note that every legal matter is different. The outcome of each legal case depends upon many factors, including the facts of the case, and no attorney can guarantee a positive result in any particular case. Prior results do not guarantee a similar outcome.
Commercial Truck Strikes Elderly Pedestrian: $5 Million Recovery
Our client was the 75-year-old mother of five and grandmother to ten who was out for her morning walk in the Nob Hill area of San Francisco. While crossing the street, she was struck by a truck making a right turn, and dragged six feet. She suffered a crushed pelvis and required multiple surgeries, including amputation of her left leg. The truck company claimed our client was not visible to their driver. However, we proved through accident reconstruction and visibility studies that he would have seen her if he had been paying attention. Dale Minami, Mark Fong, Seth Rosenberg, and Eunice Yang represented the Plaintiff and settled the claim for $5 million.
Retired Minister Killed by Drunk Driver – $3.9 Million Recovery
Our clients’ father, a retired 61-year-old Methodist minister, was hit head-on by a drunk driver who swerved over the median into his lane. Our clients’ father died of his injuries 16 days later. Our clients, the minister’s daughters, filed claims against the driver and his employer for negligence and punitive damages. Dale Minami and Mark Fong alleged that the driver was acting in the course and scope of his employment at the time of the accident, which made the employer vicariously liable for his negligent and reckless conduct. The clients’ claims settled for a total of $3.9 million. After the settlement, Mark Fong negotiated with the decedent’s health insurer to waive its lien for reimbursement for his medical bills totaling $613,000, which allowed the daughters to net that much more from their settlement.
Garbage Truck Strikes Senior Pedestrian: $3.5 Million Recovery
We represented a 62-year-old MUNI mechanic who was struck by a garbage truck as he crossed the street near his home in San Francisco. He suffered a fractured skull, brain damage, broken ribs, and cognitive defects (personality changes). The truck company claimed our client was partly responsible for the accident because he was holding an umbrella that blocked his vision and ignored the approaching truck. Due to his brain injury, our client had no recollection of the accident. However, we performed a digital reconstruction of the accident which proved the truck driver should have seen our client crossing directly in front of him. We also obtained state-of-the-art MRI imaging of our client’s brain that showed the injuries causing his personality changes, which were likely permanent. After a series of mediations, the defendant settled our client’s claim for $3.5 million. Dale Minami, Mark Fong, Seth Rosenberg, and Eunice Yang represented the Plaintiff.
Elderly Cyclist Killed by MUNI Bus: $3.25 Million Settlement
We represented the family of a 78-year-old man killed by a MUNI bus while he was riding his bicycle in the South of Market neighborhood of San Francisco. The bus passed our client’s husband and father, then crossed over into his lane in order to pull into a bus stop. The bus either struck the cyclist or caused him to lose control of his bicycle, and fall under the rear tire of the bus, killing him instantly. The police report concluded the cyclist caused his own death by turning into the bus, citing the statement of an eyewitness. However, at deposition, this eyewitness stated the bus came into the man’s lane-in effect “cutting him off.” Mark Fong and Seema Bhatt proved the bus driver violated MUNI’s policy which required its drivers to maintain at least 3 feet of clearance from other vehicles, including cyclists. We also showed the bus was missing its “S-1 Gard,” a wheel guard designed to keep persons who fall under buses from being run over by the wheels. At mediation we obtained $3.25 million on behalf of the wife and adult children of the decedent.
Pedal Misapplication Results in Death of Senior Activist: $1.75 Million Settlement
Our clients’ wife and mother, an 84-year-old community activist, was walking across the street in San Francisco’s Chinatown intending to put groceries in the trunk of her car, when she was struck and killed by the defendant’s car. The defendant, age 76, had stepped on her gas pedal instead of her brake, causing her car to speed out of control and strike the decedent, three parked cars, and a light pole. Defendant claimed she suffered a stroke that caused her to mistake the gas for the brake, and this “sudden medical emergency” excused her from fault for the crash. She claimed bleeding on her brain seen on MRIs after the crash showed she had a degenerative brain condition that caused her stroke. By contrast, we argued the impact of the crash caused Defendant’s brain bleed, and the bleeding was the result-not the cause-of the crash. As the defendant placed her medical condition at issue in order to assert the “sudden medical emergency” defense, we deposed all of the doctors who treated her after the crash. They agreed that Defendant’s brain bleeds were caused by trauma from the crash, and therefore did not play a role in causing the crash. We also hired a world-renowned trauma neuroradiologist, who testified that Defendant’s brain bleeds were caused by the trauma of the crash. The case was settled at mediation for $1,750,500 shortly before trial, by Mark Fong and Seema Bhatt. Dale Minami also assisted.
Senior Suffers Pelvic Injuries From SF MUNI Bus Collision: $1.25 Million Settlement
We represented 84-year-old Hanna, who was struck by a left-turning MUNI bus as she walked across a street in San Francisco. Although she did not require surgery, Hanna suffered pelvic and hip fractures which required treatment with physical and occupational therapy. Before the collision Hanna lived independently, but her injuries required her to move in with her daughter, as her home had too many stairs for her to navigate safely. The City and County of San Francisco admitted its driver was negligent, but argued Hanna was also at fault for failing to look before crossing the street. Mark Fong and Seema Bhatt settled Hanna’s case for $1.25 million.
Car Strikes Senior Pedestrian: $1.11 Million Recovery
Our client was a 68-year-old, recently retired engineer who was crossing El Camino Real in Sunnyvale, CA when he was struck by an inattentive driver traveling 45 miles per hour. As a result of the collision, our client was in a coma for over a month and required disc fusion surgery in his neck. The driver claimed he did not possess adequate auto insurance, but we conducted an in-depth investigation to find alternative sources of recovery. We were able to determine that the driver owned a moving company for which he was working at the time of the accident, and settled the case against him for $1,115,000. After that, we focused our attention on reducing the claim by our client’s healthcare insurance for reimbursement of the medical bills it paid, which were over $1 million. We apportioned the total settlement between our client and his wife and were able to convince his insurer to accept only $184,500 as reimbursement, thereby maximizing the client’s net recovery. Dale Minami and Mark Fong represented our clients.
Taxicab Strikes Senior Pedestrian: $1 Million Recovery
While walking in a crosswalk in San Francisco, our client, a 65-year-old retired woman, was hit by a taxicab. She suffered traumatic brain injury, which resulted in vision problems, headaches, cognitive deficits, personality changes, depression, and difficulties with memory. The cab company claimed her damages were not as severe as we claimed, and initially refused to pay its policy limits of $1 million. After several mediations, we were able to obtain the policy limits. Dale Minami, Mark Fong, Seth Rosenberg and Eunice Yang represented the Plaintiff.