The following are some examples of the cases our lawyers have successfully litigated and the results obtained through settlement or following trial.
PERSONAL INJURY CASES:
Graham v. Unnamed Defendants, (US District Court, Northern District of California) – Confidential Settlement: $5.0 million recovered for volunteer worker who suffered quadriplegia injury. Case was dismissed on a summary judgment motion when client was represented by previous counsel. Following a reversal by the Ninth Circuit, we were able to secure favorable settlement in difficult case.
Doe Fisherman v. Roe Boat Owner, (US District Court, Central District of California) – Settlement: $2.85 million recovered for client who suffered amputation industrial injury to his dominant thumb and developed reflex sympathetic dystrophy in his hand and arm.
Captain of Government Research Vessel v. United States Government (United States District Court, Northern District of California) – Recovered $2.1 million for client who suffered head injury at sea when defective hydraulic fitting exploded.
Giglio v. Unnamed Defendants (California Superior Court, Alameda County) – Confidential Settlement: $2.1 million obtained for a vessel captain who injured his back.
Marchena v. Tri-Marine (US District Court, Central District of California) – Settlement of $1.2 million plus past medical expenses and living expenses for worker who suffered shoulder injury on the job.
Leota v. Hornet, (US District Court, Southern District of California) – Settlement of $3.1 million in a propeller accident case where employee was initially sued by employer but after client hired Brodsky Micklow Bull & Weiss LLP the employer dropped lawsuit and ultimately paid $3.1 million “on the courthouse steps.”
DeBrum v. Koorale, (US District Court, Central District of California) – Settlement: $2.1 million recovered for client from Marshall Islands for injuries involving loss of foot and ankle.
Deckhand v. Bay Cruise Company (United States District Court, Northern District of California) – Recovered $825,000, job and union seniority for deck hand who suffered back injury in emergency anchoring incident after vessel lost power on SF Bay.
Morandarte v. Toaimoana, (US District Court, Central District of California), Settlement: $350,000obtained for client who suffered industrial injury to pinkie finger with residual nerve damage.
Yeung v. Hussein, (California Superior Court, Alameda County) – Settlement: $1.175 million recovered for a bank executive injured in a car accident where the defendants primary auto policy had lapsed for non-payment.
WRONGFUL DEATH CASES:
Costa v. Unnamed Defendants, (US District Court, Central District of California) – Several Actions and Confidential Settlements: Over $8.9 million obtained from a shipowner, a foreign shipyard and a domestic parts manufacturer for the family of an engineer who was mortally injured in an industrial accident.
Baby Doe v. Unnamed Foreign Insurance Company, (San Diego Superior Court) – Confidential Settlement: $7.8 million recovered for a family from a foreign insurer that denied policy benefits for a premature infant.
Widow/Delivery Crew Member v. Luxury Yacht Owner (United State District Court, Central and Southern Districts) – $4.0 million recovered following the wreck of yacht on coast of Baja resulting in death of our client’s husband, required working the Mexican Navy, hunting down witnesses not only in Mexico, but from Hong Kong to Monte Carlo, and defeating efforts of the vessel insurance company to limit their liability to the value of the wrecked yacht.
Parent of Recreational Diver v. Dive Instructors, Dive Shop and Certification Entity (San Diego Superior Court) – Recovered $1 million settlement for father of young marine who lost her life diving off of the coast of San Diego during an instructional dive.
Family of Crew of Racing Sail Boat v. Owner (United States District Court, Northern District of California – Recovered confidential settlement for family of crew member who lost his life with other crew when their sail boat was wrecked on the Farallon Islands.
INSURANCE BAD FAITH, COMMERCIAL AND MALPRACTICE:
Pacific Telesis Corporation and Airtouch Cellular v. Nat’l Union Fire Insurance Co., (US District Court, Northern District of California) – Jury verdict:
Over $5 million recovered for corporate client from domestic insurer that improperly denied a defense and indemnity under a commercial liability insurance policy following jury trial handled by Partner Kurt Micklow.
Barandiaran v. TCW Special Credits, (US District Court, District of Guam) – Over $4.0 million received in this and several companion cases venued in American Samoa and California where seamen were not paid their full wages by a group of related companies.
Injured Commercial Fishermen v. Negligent Lawyers (San Diego Superior Court) – Recovered $2.5 million in legal malpractice case after two injured commercial saw their successful trial verdicts evaporate because their lawyers did not understand marine insurance and failed to arrest the vessel involved to satisfy their awards.
Vessel Owner v. Hull Insurance Company (United States District Court for the Southern District of California) – Recovered $2.1 million (in excess of policy limits) following the loss of the client’s yacht in a fire, and the insurance company denying the claim alleging arson.
FDIC v. Yacht In Rem and Yacht Owner (United States District Court, Southern California and AAA Arbitration) – Obtained judgment in favor of the our client (the United States Government) for $1.4 million in action to foreclose on a preferred ship mortgage following binding arbitration handled by Partners Ed Bull and Phil Weiss.
MISCELLANEOUS TRIAL VICTORIES:
Peake v. Chevron, (US District Court, Northern District of California) –
Jury Verdict: Obtained net judgment of $1,660,000 in a Jones Act, unseaworthiness and maintenance and cure case against international oil company following jury trial handled by Partner Ed Bull.
Deckhand v. Crowley Maritime (United States District Court, Central District of California) – Represented deckhand on Crowley tanker who suffered career ending back injury while at sea. After drawn our litigation and obtaining plaintiff verdict following a federal jury trial by Partner Kurt Micklow, case settled for a confidential sum.
Tug Engineer v. Crowley (San Pedro Superior Court) – Represented tug engineer who suffered neurological injury which were alleged to have been caused by diesel fumes. Case settled for confidential sum after a four week jury trial handled by Partner Kurt Micklow.
Amavisca v. Foss Maritime (United States District Court, Central District of California) – Represented long-time company deck hand who company would not compensate after on the job injury. The case settled for a confidential sum after a successful jury trial by Partner Ed Bull.
Moore v. U.S.A. (United States District Court, Northern District of California) – Represented Chief Steward after career ending injury aboard MARAD vessel. Case settled for a confidential sum after winning the case through a federal trial by Partner Ed Bull.
McGregor v. Westar Marine Services (United States District Court, Northern District of California) – Represented crew boat captain/deck hand who suffered serious injuries when he fell into an open hatch on a Westar crew boat. Case settled for a confidential sum after a successful federal jury trial handled by Partner Kurt Micklow.
Smith v. AHL (and ship in rem) (United States District Courts, Northern District of California and Eastern District of Texas)- Represented Steward on AHL tanker and had to join in the arrest of the vessel by the United States government after the owner went bankrupt. Tried case to successful verdict by Partner Ed Bull in Texas and obtained full payment of judgment from sale proceeds of vessel (sold at auction after arrest of ship) by the United States and our client.
Longshoreman v. German Ship Owner (United States District Court, Central District of California) – after drawn out litigation, travel to former Soviet Union to preserve witness testimony, and settlement with the Port of Stockton, obtained $1 million plus jury verdict for client by Partner Ed Bull, and confidential post-trial settlement.
Commercial Crab Fisherman v. Crab Boat Owner (United States District Court, Northern District of California) – after insurance company refused to settle back injury claim caused by lifting crab pots, and spent more than half the insurance policy on their own lawyers, case settled with owner having to contribute money out of pocket after crab boats were arrested by our firm and the case was tried to a plaintiff verdict before a San Francisco federal jury by Partner Ed Bull.
Commercial Fisherman (factory worker) v. Seattle Based Fishing Co (United States District Court, Western District of Washington) – obtained confidential settlement for fish processor worker who fell and was injured while working in the Bering Sea – after case was dismissed by trial court, obtained a reversal of the trial judge before the Ninth Circuit Court of Appeals, and a successful jury trial by Partner Ed Bull in Seattle on remand.