Mass Tort Disaster, Business Harm, Lost Profits
In 1989, Mr. Scarlett became involved in In Re Exxon Oil Spill Litigation,
United States District Court, District of Alaska, Consolidated Action
No. A89-095-CV (HRH). He remains an active member of the Plaintiffs’
Coordinating Committee. Mr. Scarlett represents approximately 750 individual
direct action plaintiffs in this litigation, including fishing processing
facilities, area businesses, tendermen, commercial fishermen, property
owners, and cannery workers.On April 13, 1994, the United States Federal
District Judge H. Russell Holland issued Order No. 204 which appointed
Mr. Scarlett as one of the trial lawyers on behalf of the mandatory punitive
damage class. The punitive verdict rendered against Exxon was $5,000,000,000.
While Mr. Scarlett did not try this case, he remains active in the litigation.
Judgments returned against Exxon exceed $5,000,000,000. The matter is currently
on appeal and before the United States Court of Appeals for the Ninth Circuit.
International Human Rights, Catastrophic Personal Injury, Wrongful Death
Jury verdict and judgment for plaintiffs In Re Estate of Ferdinand E. Marcos
Human Rights Litigation, MDL No. 840. Tried by Randall H. Scarlett who
served as lead counsel for the direct action plaintiffs in all three phases
of the trial of this complex case, and who served as one of the class
counsel during the mandatory exemplary damage phase of the case which
resulted in the record setting $1,200,000,000 judgment.In 1965, Ferdinand
E. Marcos was elected president of the Philippines. In 1969, he was re-elected
for his second term. Under the Philippine Constitution, Marcos would have
had to leave the office of Presidency after his second term ended in 1973.Instead,
Marcos suspended the Writ of Habeas Corpus, and through Proclamation 1081,
(entered September 21, 1972), Marcos imposed martial law in the Philippines.
For the thirteen years that followed before Marcos was deposed in 1986,
he ruled as “dictator” of the Philippines. In order to quash
legitimate political opposition, Marcos ordered, and failed to prevent,
the torture, summary execution, and disappearance of numerous members
of the political opposition.
In 1986, Marcos was finally thrown out of office through a popular uprising.
He fled to the United States, seeking safe haven. Numerous victims of
his atrocities had earlier fled to the United States, and met with Randall
In addition to seeking re-dress for his clients, Mr. Scarlett wished to
send a strong message, to wit: That the United States would not be a safe
haven for the fleeing dictators of the world. Suits were instituted against
Ferdinand E. Marcos beginning in 1986, the first suits filed in the United
States District Court for the Northern District of California.
The cases were coordinated before the Multi-District Litigation Panel.
The Panel assigned the action to Federal District Judge Manuel L. Real
(Central District of California). The case was venued in Honolulu, Hawaii.
Ultimately, the case was trifurcated for trial. Plaintiffs’ liability
verdict was received following trial on September 24, 1992. The $1,200,000,000
exemplary damage verdict on behalf of all plaintiffs was rendered following
trial on February 23, 1994. In addition to the exemplary damage verdict,
Mr. Scarlett’s direct action plaintiffs received millions of dollars
of judgments from the jury following conclusion of the compensatory phase
of the trial on January 20, 1995. One of Mr. Scarlett’s plaintiffs,
Manuel Buncio, received the largest compensatory award rendered by the
jury, case wide.
This complex international human rights case was the first of its kind.
Often written about, and often cited, plaintiffs were successful in defeating
all appeals through the United States Supreme Court. Complex settlement
negotiations are now underway involving the Government of the Republic
of the Philippines, various Swiss Bank interests, and the Estate of Ferdinand
Traumatic Brain Injury, Catastrophic Personal Injury
Recognizing the staggering costs of healthcare associated with traumatic
brain injury, a San Jose jury awarded Drew Dakota Bianchi $49,123,375.87
on September 21, 2009. The verdict followed a hotly contested six-week
trial involving two truck drivers who collided on State Route 152 (Pacheco
Pass), one of whom thereafter struck the car in which plaintiff was a
passenger.Plaintiff, Drew Dakota Bianchi, was a 21-year-old passenger
in a Toyota Avalon, when, on May 3, 2007, he was struck by a Peterbilt
truck driven by defendant, Samuel Bimbela. Evidence at trial established
that Mr. Bimbela, driving his Peterbilt truck, and codefendant Mr. Michael
Demma, driving a Gordon Trucking 18-wheel big rig, struck each other at
or near the centerline on State Route 152. No pre-impact evasive maneuvers
were undertaken by either driver.Mr. Bianchi, whose injuries necessitate
a lifetime of 24/7 care, brought suit against both truck drivers/trucking
companies, as well as the State of California.
The jury, recognizing the devastating cost of future care for an individual
sustaining traumatic brain injury, awarded $3.4 million in past medical
expenses, $27.6 million in future medical expenses, $4.5 million for future
lost wages, and $13.5 million in general damages.
The jury attributed fault in the amount of 35% to Gordon Trucking/Michael
Demma, 60% to Samuel Bimbela, and 5% to the State of California.
The verdict is thought to be one of the highest non-punitive verdicts in
the State of California for an individual sustaining traumatic brain injury.
Plaintiff was represented by Randall H. Scarlett of San Francisco, California
and Thomas Wm. Malone of Atlanta, Georgia. Mr. Scarlett dedicates his
career to individuals sustaining brain injury. He actively serves as a
Board Member on the California Brain Injury Association, and dedicates
both his professional and personal life to improving the lives of those
sustaining traumatic brain injury.
Medical Malpractice, Brain Injury, Catastrophic Personal Injury
Jury verdict for plaintiff in Wright v. St. Rose Hospital, et al. tried by
RANDALL H. SCARLETT
who served as lead counsel.On July 16, and July 28, plaintiff, Stephanie
Wright (then an 8 month old child), was rushed by her family members to
St. Rose Hospital for emergency room care. Stephanie maintained a fever
varying between 101° and 103° rectally. She was vomiting and had
lost (by July 28), approximately 10% of her body weight. She became increasingly
lethargic and was irritable. This symptomology persisted, and in fact
increased, despite a ten day course of ampicillin first administered on
July 14.Despite requests by Stephanie’s family that she be admitted
at St. Rose Hospital, defendant doctors sent the child home with a diagnosis
of middle ear infection. Defendant doctors failed to perform any laboratory
testing or otherwise perform diagnostic testing.
On July 30, Stephanie was rushed to Children’s Hospital, Oakland,
whereupon an immediate diagnosis of H-Flu meningitis was made. Unfortunately,
inner cranial pressure had built up to the point where Stephanie was rendered
permanently brain injured and spastic quadriplegic.
After deliberation, the Hayward, California jury rendered its verdict,
which totaled $26,053,000. The verdict is one of the largest medical malpractice
awards in the State of California.
Severe Brain Injury, Catastrophic Personal Injury
After being struck by the tour bus, Ms. Shi was thrown to the ground and
sustained skull factures with internal bleed. Ms. Shi underwent four life-saving
surgeries with the expert neurosurgical team at San Francisco General
Hospital, led by renowned neurosurgeon Dr. Geoffrey T. Manley.
On March 13, 2007, a San Francisco Superior Court Jury recognized the care
necessary to assist Ms. Shi who sustained severe traumatic brain injuries
as a result of the avoidable tragedy. The jury awarded Ms. Shi 22.8 Million.
The jury awarded 1.3 for past economic loss, including lost earnings and
medical/healthcare related expenses. The jury awarded 6.4 Million for
future economic loss, including lost earnings/lost earnings capacity and
medical and healthcare related expenses. The jury awarded 4.8 Million
for past non-economic loss, including pain and suffering, loss of enjoyment
of life, physical impairment, inconvenience, grief, anxiety, humiliation
and emotional distress. The jury awarded 10.3 Million for future non-economic loss.
This is thought to be one of the highest non-punitive verdicts for an individual
sustaining brain injuries in the State of California.
Ms. Shi was a 49 year old woman who had been earning approximately $15-20
per hour working part time at an on-line bookstore at the time she was
struck by the tour bus. Plaintiff’s counsel effectively argued that
the jury’s most difficult task was to assess a monetary award for
the loss of one’s cognitive capabilities. As a result of her massive
brain injuries, Ms. Shi sustained frontal lobe syndrome and executive
The case was tried by Randall H. Scarlett, Scarlett Law Group and
Thomas W. Malone of Malone Law Offices, Two Ravinia Drive, Suite 300 Atlanta, GA
At the conclusion of a wrongful death lawsuit filed against the California
Department of Transportation (Caltrans) and Bhandal Brothers Trucking,
the jury reached a verdict of nearly $18.7 million. The two victims, Maria
Almanza-Romero and Alex Navarro, had been killed in a multi-vehicle accident
on Highway 156.
Maria stopped on the highway to make a left turn when an 18-wheeler slammed
into her car from behind. The force of the collision pushed her into oncoming
traffic, putting her in the path of a vehicle driven by Navarro’s
mother. As a result of the accident, the families of both victims filed
a wrongful death lawsuit.
The plaintiffs claimed that Caltrans knew about the highway’s dangerous
conditions for more than 30 years, yet failed to take steps to make the
two-lane, 55 mph highway safer. They also alleged negligence on behalf
of the truck driver who rear-ended Almanza-Romero’s vehicle. In
the end, the families were awarded $18,681,052.
Failure to Diagnose Meningitis
In Jones v. Doe Hospital, the jury returned a unanimous verdict in favor
of our client. This ultimately resulted in a $13 million settlement from
the defendant. We had filed a medical malpractice lawsuit against a prominent
North Carolina hospital after they negligently failed to diagnose meningitis
in our one-year-old client. The case was settled in March of 2015.
Brain Injury-Medical Malpractice
In this case, Mr. Scarlett traveled to North Carolina and tried a medical
negligence case—failure to diagnose bacterial meningitis—with
Charles Monnett, esq.
Plaintiff, 1 year old child, is taken by ambulance to the Emergency Department
of a prominent North Carolina hospital following an accident at home where
a TV fell on his head. There is no reported loss of consciousness. Plaintiff
is admitted to the PICU for observation after initial CTs revealed multiple
skull fractures. Plaintiff’s behavior and mentation is consistently
described in the medical records as normal. Plaintiff is transferred to
the floor after 10 hours of observation in the PICU. 5 hours after transfer
to the floor Plaintiff spikes a fever to 104.8. Plaintiff’s doctors
elect not to administer antibiotics or perform a lumbar puncture following
the fever. They do order a blood culture which shows the presence of gram
positive bacteria in the Plaintiff’s blood when the results are
reported the following day.
After the culture results a diagnosis of possible pneumonia is made and
antibiotics are given at levels insufficient to treat meningitis. The
doctors decide not to do a lumbar puncture or treat with meningitic dosages
of antibiotics because of Plaintiff’s “normal mentation.”
By the following morning Plaintiff’s neurological status has significantly
declined. It is too late to save Plaintiff from severe neurologic complications
by the time the diagnosis of meningitis is made and proper treatment begins.
Plaintiff is seen by more than 25 doctors before the diagnosis of meningitis
is first made. I elected to file suit only against the entity that employed
the doctors and not against any individual health care provider. We also
made a strategic decision not to depose any of the treating doctors. Over
the years we have had several cases where the records were favorable to
us only to have those helpful portions explained away at deposition. I
was determined to make the defendant try the case on the records as written.
Without additional explanations not in the records the defense experts
were forced to base their opinions on the records alone. Not naming individual
doctors also limited the number of defense counsel. We did take a 30(b)(6)
depo of the defendant to establish it employed all of the key providers.
There was no offer from the defendant at mediation or before the verdict.
Traumatic Brain Injury
On June 16, 2015, the San Francisco Superior Court approved an $11 million
settlement between Brynn K. Stoll and the City and County of San Francisco,
the State of California Department of Transportation (Caltrans), and Andre
Richardson. The plaintiff, Ms. Stoll, was represented by Scarlett Law Group.
While walking to class on February 28, 2013, Ms. Stoll had been struck
by a light rail vehicle at the median of the intersection at 19th Avenue
and Junipero Serra Boulevard. According to Ms. Stoll, the light rail vehicle
operator, Andre Richardson, struck her after running through a red light.
She explained that the intersection was dangerous because the traffic light
timing sequence did not provide light rail vehicles with enough time to
clear the intersection before pedestrians were signaled to cross. She
also claimed that there was no indication where it was safe to stand in
Ms. Stoll sustained a traumatic brain injury and multiple skull fractures
as a result of the accident. She also fractured her pelvis, hip, clavicle
and ribs. She underwent numerous surgeries, and was even in a coma for
five weeks. She has since regained the ability to walk, but she is not
expected to ever fully recover.
Randall Scarlett explains that, “With these settlement funds, Brynn
Stoll will receive the care and treatment her injuries demand throughout
Traumatic Brain Injury
In November 2011, a California jury awarded our client $10,651,423.13 for
injuries he suffered in an auto accident. The case, Matthew T. Cole v.
Loretta E. Wend Family Limited Partnership, involved a severe and life-threatening
brain injury. Our client, Matthew Cole, had been a passenger in a vehicle
that collided with farm equipment offloading grapes on a two-lane rural highway.
At the conclusion of the case, the jury awarded $624,880.13 for past medical
expenses, $2,526,543 for the plaintiff’s diminished earning capacity,
$2 million for the present value of future medical expenses, $2,500,000
for past non-economic damages, and $3 million for future non-economic damages.
Automobile/Big Rig Accident, Wrongful Death
In Atayde v. Miller, et al, Mr. Scarlett was appointed lead counsel in
a coordinated action involving a multi-vehicle/truck accident taking place
on one of the busier Bay Area freeways. Mr. Atayde was killed as a result
of that accident, and was survived by his wife and children, Mr. Scarlett
coordinated the action and after extensive settlement conferences, the
matter was resolved without the need of trial.
Brain Injury, Construction Accident
Settlement reached with third party defendants as well as with workers’
compensation insurance fund. Plaintiff was working on a construction site
when a piece of machinery caught plaintiff’s shirt causing him to
be thrown to the cement floor. Loss of consciousness was questioned. MRI
Scan, CT Scan, and other neuro imaging all proved normal. Despite this,
plaintiff remained unable to work, was prone to violent outbursts, disinhibition,
and developed a seizure disorder.After mediation, the settlement reached
demonstrates the profound impact a brain injury can have.
Real Estate Fraud & Misappropriation
Co-owners of an office building in San Francisco received a settlement
of $4,125,000 against other co-owners who were managing the building involving
fraud and misappropriation of monies. This case was handed by Mr. Scarlett
and Mr. Ormiston. The settlement occurred through mediation at JAMS after
disclosure of expert witnesses which included a former Real Estate Commissioner,
real estate brokers, a forensic handwriting expert and two accounting firms.
Transient Traumatic Brain Injury, Severe Orthopaedic Injuries, Automobile/Truck Accident
On August 12, 2003, plaintiff sustained personal injuries as a result of
a motor vehicle accident occurring on S. Las Vegas Blvd. at or near the
intersection of Silverado Ranch Road in Las Vegas, Nevada. Plaintiffs
included Mr. Louis Gentile, his wife Diane Gentile, and their three minor
children, Gina Gentile, Christine Gentile, and Vincent Gentile.Plaintiffs
were on their way to the airport for a planned trip to Disneyland. the
vehicle in which plaintiffs traveled, a 2001 Buick Century, was owned
and operated by plaintiff Louis Gentile’s father, Pat Gentile.As
the Gentiles traveled to the airport on S. Las Vegas Blvd, defendant Curtis
Lee Hines made an illegal left hand turn across S. Las Vegas Blvd. in
front of the approaching Gentile vehicle. Mr. Hines was operating a 2000
Ford F-450 commercial pickup truck.
The Nevada Highway Patrol responded to the scene of the accident, and after
performing a thorough investigation, issued a citation against defendant
Curtis Lee Hines (who was employed by co-defendant, Ozzie’s Pipeline
Defendant was found to have failed to yield the right of way by making
an unsafe left turn in front of the oncoming vehicle operated by Pat Gentile.
As a result of the accident, plaintiffs initiated suit in the United States
District Court for the District of Nevada, asserting damages for general
negligence. The Gentiles retained Mr. Randall H. Scarlett of the Scarlett
Defendants contended that they were not at fault for causing the subject
accident, and defendants Curtis Lee Hines and Ozzie’s Pipeline Padder,
Inc. filed a third party complaint against Pat Gentile.
Plaintiff, Louis Gentile, sustained cervical and lumbar injuries. Mr. Gentile
underwent a two level fusion of his cervical spine and underwent a lumbar
disc replacement at L4/L5. He also sustained a concussion immediately
following the accident, though he returned to full pre-morbid levels of
Plaintiff, Diane Gentile, sustained bruising and contusions at the scene
of the accident. There was a questionable loss of consciousness, though
she was fully functional following the accident. After release from the
ER, Diane Gentile received limited physical therapy.
Minor plaintiff, Vincent Gentile, sustained emotional distress as a result
of his contemporaneous observation of his family members’ injuries.
Minor plaintiff, Gina Gentile, sustained bruising to her neck and left
chest area as a result of the shoulder restraint system. She also sustained
soft tissue injuries to her lumbar spine. She underwent limited physical
therapy for her injuries.
Minor plaintiff, Christine Gentile, received a concussion as a result of
the subject accident. She underwent limited neuropsychological treatment,
but fortunately, had returned to pre-morbid levels of functionality by
the time of the settlement.
Total medical expenses as a result of the accident for all plaintiffs was
Mild Traumatic Brain Injury/Rear End Auto Accident
On August 29, 2002, plaintiff George Leuenberger, then aged 35, was driving
to work on Highway 50 in Sacramento, California. He was stopped in traffic.
Behind him, defendant John Yandell, on duty for American Tower, looked
away from traffic to answer his cell phone, and rear-ended plaintiff at
an estimated 55 — 65 mph. Mr. Leuenberger’s vehicle sustained
significant damage to the rear, including trunk collapse.Plaintiff’s
complaint alleged that defendant’s Yandell/American Tower were negligent
in the operation of their Ford F-250 pickup truck, and that such negligence
caused plaintiff to sustain permanent and debilitating injury and other
damages.Defendants contested liability, and further alleged that plaintiff
did not sustain significant injuries as a result of the accident. Defendants
contended that plaintiff did not sustain any brain injury whatsoever,
and that any cognitive deficits were as a result of pre-existing psychiatric
conditions. Specifically, defendants experts contended that at most, plaintiff
sustained a transient concussion which entirely resolved shortly after
the accident. Defendants experts contended that plaintiff was entirely
capable of returning to the competitive workplace, and that his “imagined”
injuries resulted and were motivated by plaintiffs malingering and desire
to obtain secondary gain through the litigation.
Significantly, plaintiff had been represented by another law firm located
in Sacramento, California. This Sacramento law firm had tentatively accepted
a settlement on behalf of plaintiff of approximately $1 million. On November
4, 2005, plaintiff George Leuenberger discharged his Sacramento Council
and retained Randall H. Scarlett of the San Francisco, California, Scarlett
Law Group. In the 10 months which followed, settlement was achieved in
the amount of $3,000,000.00.
Premises Liability/Mild Traumatic Brain Injury
In Herndon v. Parball Corp., dba Flamingo Hilton Hotel, et. al., plaintiffs
Claude and Jill Herndon brought suit in the United States Federal District
Court, District of Nevada (Las Vegas) when the stool upon which Mr. Herndon
was sitting fell over due to a concealed hole in the floor of the casino
(under the carpet). Mr. Herndon was projected forward and struck his head
on the table before him. Defendants contested plaintiff’s claim
of loss of consciousness, and the emergency room records indicated that
Mr. Herndon sustained only a slight bruise and headache. All imaging was
negative, and defendants denied that the forces involved in the fall were
sufficient to cause brain injury to Mr. Herndon.Compounding proof of injury
difficulties, Mr. Herndon had a pre-existing seizure disorder, though
counsel was able to establish that the fall caused seizures of a different
type than those previously occurring. This extremely difficult case included
defense allegations of pre-existing depression, and an extremely low pre-morbid
vocational earnings history. Despite this, counsel was able to reach a
substantial settlement for the Herndon’s which recognized the strong
probability of a jury recognizing that Mr. Herndon had indeed sustained
a mild traumatic brain injury. Mr. Scarlett was assisted by co-counsel
Cal Potter, Esq.In addition, the expert witnesses involved in the case,
including a neuropsychologist, a physiatrist, a neurologist, a biomechanical
engineer, a life care planner, a vocational rehabilitation specialist,
and an economist, were essential witnesses establishing the true injuries
suffered by Mr. Herndon as a result of the casino’s negligence.
A portion of the $2,900.000.00 settlement went to purchase an annuity,
which is expected to pay out substantial additional funds over the course
of plaintiffs life.
Medical Malpractice, Personal Injury
Jury verdict for plaintiffs in Formby v. Bais, et al. tried by Randall
H. Scarlett after rejecting a $125,000 settlement offer.Plaintiff, William
L. Formby suffered from sleep apnea. The defendant doctor sought to resolve
plaintiff’s condition through a “new” surgical process,
which entailed the resection of part of plaintiff’s soft palate.At
trial, it was established that the defendant doctor had breached the applicable
standard of care through improper resection. The consequences altered
plaintiff’s speech and eating habits.
Despite defendant’s contention that the amount of resection was a
judgment call, and that he was clearly within the applicable standard
of care, the verdict is thought to be one of the largest, if not the largest,
medical malpractice awards in the Central Valley area of California.
Professional Negligence, Legal Malpractice, Personal Injury
District Court judgment for plaintiff Joseph Alosi in Alosi v. Brandenburg,
et al., tried by Randall H. Scarlett, who served as lead trial counsel,
together with his co-counsel, Cal J. Potter III, Esq.On March 8, Joseph
Alosi was registered as a guest at the Treasury Hotel in Las Vegas, Nevada.
While seated at a table across from a friend, the left front leg of the
chair on which Alosi was seated broke and Alosi was thrown in a twisting
motion to the floor. The chair which collapsed under Alosi was a standard
room chair at the Treasury Hotel. There was no evidence that the chair
was misused so as to cause it to collapse.Joseph Alosi suffered serious
and permanent personal injuries, including severe back injuries necessitating
two surgeries, including a laminectomy and a lumbar fusion. Significant
scar tissue and arachnoiditis subsequently developed.
On April 5, defendant undertook the legal representation of Alosi in an
action against the Treasury Hotel. In handling Alosi’s case, defendant
did not properly utilize discovery, and later lost the case via dismissal.
Mr. Scarlett, together with his co-counsel Cal J. Potter III, Esq. instituted
suit on behalf of Alosi against the prominent Las Vegas, Nevada attorney
who had handled his case.
At trial, it was established that plaintiff’s underlying personal
injury action was lost due to the sub-standard quality of representation
he had received. Although the case was subsequently settled for a confidential
amount on appeal, the judgment rendered by the Federal District Court
in Nevada is thought to be one of the largest legal malpractice judgments
rendered in Las Vegas, Nevada.
Mild traumatic Brain Injury, Minor Rear End Automobile Accident
On July 7, 2005, in Rasmussen v. Shade, et al., SCV 14935, Placer County
Superior Court, Lincoln Division, the jury reached it’s Verdict
awarding Kim Rasmussen $1,248,024.00 as a result of injuries he sustained
in a relatively minor rear end automobile accident occurring in Roseville,
California. On August 19, 2002, Plaintiff Kim Rasmussen, was operating
his 1997 Ford F-250 pickup truck on Eureka Road near Sunrise in Roseville,
CA. Defendant Bruce Robert Shade caused his 1999 Dodge Durango to rear
end plaintiffs’ pickup at about 7mph – 12mph.Plaintiffs truck
sustained $498.00 damage to the rear bumper. Despite the relatively minor
property damage, counsel was able to establish that the rotational forces
were sufficient to cause Mr. Rasmussen to sustain a traumatic brain injury.
Leading experts throughout the United States testified on behalf of Mr.
Rasmussen, and the Jury’s Verdict should ensure that he receives
the future medical care he so desperately needs.
$1,000,000 and Confidential- $1,000,000 partial settlement (medical malpractice)
Confidential (medical malpractice)
Settlement was achieved as against two remaining defendants in this catastrophic
personal injury/medical malpractice case. On March 28, 2000, plaintiff
James DeVito underwent bilateral calf-implant procedure performed by defendant
Robert Brink, M.D. This action involved certain health care providers
who subsequently saw Mr. DeVito and allegedly failed to take prompt corrective
action for his compartment syndrome.
Assault & Battery by San Francisco MUNI Bus Driver
Judgment was entered for $605, 556 for plaintiff, a passenger, in Gordon
v. City and County of San Francisco against a MUNI Bus Driver for assault
and battery. This case was handled by Mr. Ormiston. The MUNI bus driver
pushed the passenger off the bus, fell on top of her and punched her several
times. The passenger suffered bruises to the hip, back and head, but suffered
no permanent injuries. A neurological exam and CT scan were normal. MUNI
is also issuing a letter of apology.
Settlement for plaintiffs in Fidler, et al. v. San Mateo County Sheriff’s
Office, et al., United States District Court Northern District of California,
Case Number C 04 1404 SC.This matter involved the tragic jail suicide
of Ms. Angela Ramirez. On April 6, 2003, Angela Ramirez, who had a history
of psychological problems, took her life at the age of 23 while she was
incarcerated by the San Mateo County Women’s Correctional Center
as a post-conviction inmate. Ms. Ramirez was serving a 120-day sentence
for a minor drug charge.Lisa Fidler and Rito Ramirez contacted attorney
Randall H. Scarlett after Angela’s suicide. Though both were distraught,
they simply sought answers to the question of how their daughter had died.
Almost immediately after the suicide, the decedent’s family was
informed little about Angela’s circumstances of death.
After performing an initial investigation, the Scarlett Law Group, together
with co-counsel Cal J. Potter, Esq., initiated suit on behalf of Angela’s
parents alleging, among other things, that the defendant County of San
Mateo had negligently deprived Angela of her request, on at least four
occasions, to be seen by a mental health doctor. Simply put, plaintiffs
allege the jail’s failure to allow Angela to see a psychiatrist
enabled the suicide to occur.
Angela had a long history of psychiatric problems. It was established that
while incarcerated, she was deprived of medication which would have assisted
her with her psychiatric condition. Without the ability to obtain her
medication, and deprived of the ability to see a mental health doctor,
Angela took her life on April 6, 2003.
It should be noted that under Angela’s state law claims for the failure
to diagnose and treat Angela’s condition, the maximum plaintiffs
could have recovered in the State of California was $250,000 each for
a total of $500,000. Other claims alleged by plaintiffs included federal
claims under Section 1983 for the deliberate indifference with regard
to Angela’s known medical condition.
Mild TBI, Auto/Truck Accident
In Hall v. Lopez Brothers Trucking settlement was reached with defendant
trucking company when plaintiff’s vehicle was struck by run away
truck. Plaintiff sustained a mild TBI, though plaintiff had normal x-rays
and neuro-imaging. Plaintiff also suffered from a whip-lash during the
accident. Policy limits were obtained.
Excessive Force by Police
Aaron Rivera sustained serious injuries when, due to a case of mistaken
identity, police officers brutally pushed Mr. Rivera through a door and
proceeded to strike him repetitively with their batons. Mr. Rivera sustained
multiple subdural hematomas which required evacuation through a craniotomy.
Fortunately, Mr. Rivera underwent a miraculous recovery. He sustained
only about $3,000 in wage loss, though his medical bills were $50,000.
The settlement, reached on the first day of trial is thought to be one
of the highest involving the City of San Jose Police Department.
Mild TBI, Whiplash, Vehicular Collision
Settlement reached with defendant TRANSIT DISTRICT when plaintiff was rear-ended
by a transit bus. Plaintiff sustained a mild TBI, though plaintiff had
a ten-year pre-existing history of debilitating migraines. Plaintiff also
suffered from a whiplash during the accident though all x-rays and neuro-imaging
was negative. Case settled on second day of trial.
Property Damage, Negligent Repair, Mold Contamination
A home owner received a $90,000 property damage/negligent repair work/mold
contamination settlement against a plumbing company for negligent work
which caused a black water loss and resultant mold contamination to her
home. This case was handled by Mr. Ormiston. A first party liability case
is still pending against the property owner’s insurance company
for recover of substantial additional monies involving this same loss.
Randall H. Scarlett was the sole trial counsel in Warfield v. Peninsula
Golf and Country Club, San Mateo County Superior Court Action 258736;
10 Cal.4d 594.The Peninsula Golf and County Club precluded Mary Ann Warfield
from maintaining a proprietary membership in the Club on the basis of
her gender. The Club contended that its by-laws prohibited women from
holding a proprietary membership. (Mrs. Warfield had been awarded the
club membership as part of a Property Settlement Agreement in the divorce
with her husband. Mrs. Warfield was an avid golfer and had won the women’s
division club championship.)After trial,
Mr. Scarlett argued before the Court of Appeals, and ultimately, the California Supreme
Court ruled in favor of plaintiff, thereby disallowing discrimination
based on sex in certain clubs, even those purporting to be private. The
Court’s opinion is a strong precedent combating sexual discrimination
Medical Malpractice, Products Liability
Confidential settlement. Confidential settlement reached with defendants
as a result of the wrongful death of plaintiff’s father. Plaintiff
was an adult, non-dependent child of decedent. Plaintiff’s father
died as a result of combined medical/malpractice products liability. Decedent
was also survived by a spouse.
Medical Malpractice, Avascular Necrosis
In Gadye v. Hospital, et al., Mr. Gadye alleged that due to substandard
conduct in the prescription of prednisone, a steroid, Mr. Gadye developed
bilateral avascular necrosis requiring knee replacements in both legs.
This significant settlement provided Mr. Gadye (an asylum judge), with
sufficient funds to cover his pain and suffering and future medical needs,
including knee replacements.
Medical Malpractice, Brain Injury
In Greener v. Hospital, et al., plaintiffs brought suit on behalf of their
eight year old daughter as a result of a birth injury. Mrs. Greener was
asymptomatic, though Beta Strep positive. It was alleged that defendants
failed to give prophylactic antibiotics, and further, that defendant failed
to appropriately diagnose plaintiff’s child with meningitis following
birth.Plaintiff’s child did develop meningitis. The child went on
to develop learning disabilities as a result of the brain damage sustained
at birth. The significant settlement resulting from this matter will provide
funds throughout the child’s life, including funds for private education,
neuropsychological treatment, and other care.
Civil Rights, Wrongful Death, Brain Injury
In Harrison v. North Las Vegas, et al., Mr. Scarlett, together with his
co-counsel Cal J. Potter III, Esq., again took on the correctional facility
run by the City of North Las Vegas. This federal civil rights action was
settled for a confidential amount.On the day of his 32nd birthday, Mr.
Harvey Harrison was on the way to his mother’s house for breakfast.
Somewhere along the way, it would appear Mr. Harrison was himself the
victim of a crime, the attack leaving him with a closed head injury. Due
to his appearance and behavior, the North Las Vegas police were called.
Rather than provide Mr. Harrison the medical treatment he so desperately
needed, the police officers transported Mr. Harrison to the North Las
Vegas Detention Center.Mr. Harrison was double handcuffed, restrained
with leg irons, and thrown into a cell. Having been afforded no medical
treatment nor medical screen, Mr. Harrison died twelve hours later as
a result of complications from his closed head injuries.
Mr. Scarlett established that Mr. Harrison died when the jail failed to
properly diagnose the pre-arrest traumatic brain injury. Based on the
extensive pre-trial discovery conducted by Mr. Scarlett and his co-counsel,
Cal J. Potter III, Esq., a confidential monetary settlement was reached.
Following such settlement, the City of North Las Vegas again altered the
structure of medical monitoring rendered on-site at the jail.
Civil Rights. Wrongful Death
along with his co-counsel, Cal J. Potter III, Esq., obtained affirmative
remedies as a result of the death of plaintiff’s decedent, in addition
to a monetary settlement. Banks v. North Las Vegas Police Department.
This was a federal civil rights action involving medical monitoring and
medical care provided inmates in a jail operated by North Las Vegas.At
the time of his arrest, and before, Mr. Banks was in need of immediate
medical treatment and care. Instead of providing him such care, it was
alleged that he had been the victim of the use of excessive force, and
had been denied medical treatment and care. Ultimately, Mr. Banks died
in jail.Just prior to trial, Mr. Scarlett and his co-counsel, Cal J. Potter
III, Esq., confidentially settled the case. The settlement terms did include
a letter of apology from the Mayor of North Las Vegas and from the Chief
of Police of North Las Vegas. Additionally, the jail agreed to hire and
place in the jail an independent medical services company. Inmates were
thereafter afforded medical screening and onsite medical care as a result.