Case Results

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.

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 H. Scarlett.

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 E. Marcos.

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.

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.

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 dysfunction.

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.

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.

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 the median.

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 her lifetime.”

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.

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 Padder, Inc.).

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 Law Group.

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 functionality.

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 approximately $300,000.

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.

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.

$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.