TRIAL CASES
Cases Tried to Jury Verdict, Representing Plaintiff
Miller v. Ogden City, Second District, Utah
Premises liability, golf cart rolled over on poorly designed and maintained cart path; Case tried to jury verdict $361,661 in damages, last offer from Defendant less than $7,000.
Entjes v. Hart-Squires, Second District, Utah
Automobile intersection collision; Case tried to $189,000 jury verdict.
Nelson v. Johannsen, Second District, Utah
Automobile rear-end collision case; jury verdict in favor of plaintiff $10,365.67
Verley v. Teresa Johnson, M.D., Second District, Utah
Medical malpractice; Case tried to $258,000 jury verdict.
Bowman v. Shurtleff, Second District, Utah
Automobile collision; Case tried to $50,000 jury verdict.
A FEW OF THE CASES WHICH SETTLED CONFIDENTIALLY OUT OF COURT
Cases in which the insurer agreed to settle in order to avoid trial, names changed to preserve confidentiality.
Mother & Baby vs. Hospital & Doctor - $1,200,000 million settlement
Hospital and physician failed to take care of mother’s preeclampsia. Mother’s preeclampsia turned into full eclampsia with severe injuries to both baby and mother, including permanent blindness as a result of the medical malpractice committed by the hospital and the ob/gyn physician. Insurance company for both the hospital and physician settled in order to avoid defending this case in open court.
Truck Driver vs. Loading Company - $750,000 settlement
Loading company ‘hoisted’ truck driver up on forklift tine to check a load height. Driver fell off fork of fork lift and was rendered a quadriplegic, he later died. Loading company settled to avoid risk of jury trial.
Family Father vs. Physician - $350,000 settlement
Physician received blood work for father which indicated Father may have leukemia. Physician failed to diagnose leukemia, failed to inform father of abnormal blood work and lab results. Father died of undiagnosed leukemia one year later because of Physician’s negligence. Physician’s insurance company settled to avoid risk of trial.
Husband vs. Physician - $300,000 settlement
Physician failed to inform husband of elevations in PSA screening tests; Husband went for prostate cancer screening annually; Husband developed prostate cancer not diagnosed until late stage because of physician’s failure to review and relate increasing annual elevations in PSA.
APPELLATE CASES
Archuleta v. St. Mark’s Hospital, 2009 UT 36, --- P.3d ---
Hospital employed an allegedly unskilled or incompetent surgeon. Surgeon performed an unnecessary bariatric procedure and pierced bowel during exploratory laparotomy. Injury to bowel went unnoticed, infection from leaking stool developed, requiring over six additional corrective surgeries. Plaintiff claimed that St. Mark’s Hospital negligently allowed an unskilled and incompetent surgeon to enter the surgical theatre. By granting the surgeon access, the hospital engaged in negligent credentialing. Utah Supreme Court upheld the Plaintiff’s ability to sue the hospital for allowing the surgeon to operate.
Bybee v. Abdulla, 2008 UT 35, --- P.3d ---
Contested arbitration agreement in medical malpractice wrongful death case. Defendant attempted to force heirs to participate in arbitration. The Utah Supreme Court upheld the right of heirs to proceed in state court for their constitutionally guaranteed right to bring a wrongful death claim rather than force them to participate in the privatized pay-to-play arbitration system.
Dexter v. Bosko et. al., 2008 UT 29, 184 P.3d 592
Claims brought under Utah State Constitution. The Utah Supreme Court upheld right of prisoner to bring a claim after he became quadriplegic due to prison guard’s refusal to fasten safety belt. The prisoner, due to shackles, could not fasten his own safety belt and the van rolled over at freeway speed, ejecting Mr. Dexter.
Begaye v. Big-D Const., 2008 UT 4, 178 P.3d 343
Worker killed while erecting a wall as ordered by Big-D superintendents. Because worker was employed by a subcontractor, the Utah Supreme Court refused to hold Big-D accountable for sending the subcontractor employees to work that particular wall.
Brown v. Sears & Roebuck, 328 F.3d 1274 (10th Cir. 2003).
Products liability claim involving defectively designed riding lawnmower;Two-year old boy lost leg when seventeen year old uncle backed into him with blades engaged on riding lawnmower.
Carter v. University of Utah Medical Center, 2006 UT 78, 150 P.3d 467
Appeal involved application of venue selection statutes, proper venue for suit against State.
Dexter v. Bosko et. al., 92 Fed. Appx. 637 (10th Cir. 2004).
42 U.S.C. § 1983, defendants argued for qualified immunity and trial court denied. Defendants appealed. 10th Circuit overruled and granted dismissal based on qualified immunity.
Gunn v. PEHP/Utah State Ret. Bd., 2007 UT App 4, – P.3d –
Appealed dismissal of declaratory action seeking to invalidate subrogation claim allegedly held by PEHP. Utah Court of Appeals affirmed trial court decision, petition for certiorari pending.
Shafer v. State of Utah, 79 P.3d 936 (Utah 2003).
Claim against state for injury sustained while disembarking ‘Heber Creeper,’ a tourist train operated by State of Utah; Claim dismissed at trial court for alleged failure to comply with Notice of Claim requirements; Utah Supreme Court reversed.
Spackman v. Board of Education, Box Elder County et. al., 2000 UT 87, 16 P.3d 533.
Issue whether the Utah Constitution’s Due Process and Education clauses were self-executing; Female student and bully suspended from school after confrontation; Utah Supreme Court held female student could state claim for deprivation of due process and right to education under Utah Constitution.
