Ms. Allison Schneider joined FC&F as an Associate in Winter of 2009, practicing in the areas of Auto and Trucking Liability, Insurance Coverage, Commercial Auto/Transit Liability, and Premises Liability.  Following her work in the political arena in Washington, D.C., Allison completed law school and joined the professional ranks in San Diego.  She and her husband, a USMC helicopter pilot, currently reside in Encinitas, CA.  In her free time, Ms. Schneider enjoys reading, frequenting San Diego’s beaches and trails with her Giant Schnauzer, Otto, and spending time with family and friends.

For more information on Allison Schneider, visit her profile at http://farmercase.com/profiles/schneider.html

Anthony Case obtained a defense verdict on behalf of a driver of a vehicle who allegedly assaulted a Border Patrol agent during an incident at the Otay Mesa International Border Crossing. While driving home to the United States, the defendant and his wife were in their vehicle at the crossing when a heated exchange began between the wife and Border Patrol agents. Defendant’s wife exited the vehicle and was taken down by Border Patrol agents. Defendant went to assist his wife and, while getting out of the vehicle, allegedly struck plaintiff in the face. Plaintiff claimed substantial injuries, including a broken nose that caused chronic sinus infections that led to middle ear problems that required surgical intervention, a black eye, and teeth and mouth injuries with subsequent tooth loss and root canal surgeries. Plaintiff claimed past medical expenses of $18,000, up to $20,000 in future medical expenses, and $14,000 in loss of earnings. Plaintiff, whose $25,000 demand the defendant previously rejected, asked the jury for a verdict in excess of $500,000. After a 4 day trial, the jury deliberated 1 hour before returning a defense verdict.

Plaintiff’s motions for judgment notwithstanding the verdict and for a new trial were denied, and Mr. Case secured a substantial costs award in favor of his client.

Dennis O’Neill has been elected a member of the 2009 Board of Directors of the San Diego Defense Lawyers. Judge Herbert Hoffman (Ret.) administered the oath to Dennis during the January 24, 2009 Installation Dinner at the Hard Rock Hotel in San Diego. We at FC&F are proud that Dennis was elected by voting amongst his peers for this honor, who recognized Dennis’s commitment to professionalism and outstanding service to clients and within the legal community. We wish Dennis and his fellow Directors much success.

John Farmer and Lisa Freund recently obtained a defense verdict on behalf of an asphalt slurry contractor in the trial of a motor vehicle accident case.  Plaintiff, travelling home from the grocery store on July 2, 2005, was struck head on by a drunk driver who had crossed the center line of the roadway.  The week before, the asphalt slurry contractor had slurried the roadway, necessarily covering up the existing lane lines and double yellow line defining the center of the roadway.  The City had undertaken the responsibility for placing temporary reflective tabs on the roadway after the slurry had been applied to replace the lane markings, pending the repainting of the lines several days later.  The yellow tabs placed in the center of the roadway were alleged to have been single as opposed to double tabs and were claimed to have been spaced too far apart.  Plaintiff, who did not join the City as a defendant, claimed the temporary markings were insufficient per the Caltrans manual, confusing to drivers and contributed to the accident.  Plaintiff claimed that the slurry contractor was responsible because it had not completed its work at the site, despite the City's apparent assumption of responsibility.  Plaintiff had substantial injuries, including two shattered kneecaps with 4 open reduction surgeries, a broken rib, pneumothorax, DVT with insertion of a vena cava filter and a comminuted fracture of the right fourth metacarpal with surgery.  Agreed past medical expenses were $240,000.  The defense contended plaintiff's loss of earnings was $21,000; plaintiff claimed past and future lost earnings/earning capacity of $192,000.  Plaintiff's counsel asked the jury for $1,432,000, including $900,000 in general damages.  Prior to trial, plaintiff demanded $1,000,000 from the contractor, reduced to $850,000 by CCP 998 demand, and further reduced to $700,000 while the jury was out.  The carrier for the intoxicated driver co-defendant offered its $15,000 policy.  The carrier for the contractor offered $147,875 by CCP 998 offer, increased before trial to $200,000.  After a 2 1/2 week trial, the jury returned a verdict of $511,000 ($261,000 economic, $250,000 non-economic) and allocated fault at 85% to the intoxicated driver, 15% to the non-party City and 0% (no negligence) to the slurry contractor, Farmer Case & Fedor’s client.

Anthony Case and Daniel Fallon successfully defended a dual agent and broker in the August 2008 trial of a real estate fraud and non-disclosure case in the San Diego Superior Court in El Cajon.  In Trejo v. Brikho, et al., plaintiffs alleged fraud, realtor malpractice, breach of fiduciary duty and breach of contract with respect to their purchase of real property, and requested damages in excess of $800,000 in addition to punitive damages. Farmer Case & Fedor represented the dual agent and broker in the transaction. Plaintiffs claimed that the agent and broker intentionally failed to disclose a reciprocal driveway easement affecting the subject property, failed to disclose certain alleged defects at the residence, and failed to make certain repairs at the property that were allegedly promised. Following plaintiffs’ case-in-chief, the defense argued a Motion for Judgment.  After reviewing the moving papers and hearing oral argument thereon, Judge Halgren entered judgment on behalf of the FC&F clients.

John Farmer and Lisa Freund were recently successful in obtaining summary judgments in a declaratory relief action in Marin County, to establish the lack of coverage for damages arising from the alleged wrongful death of the named insured under the applicable policy.  In State Farm v. Ranft, the named insured, a Pixar Studios executive, was riding as a passenger in his own vehicle, driven by a permissive user.  As the vehicle approached a bridge, it was either struck by another vehicle passing on the left over the double yellow lines, or otherwise forced to veer to the right.  The vehicle went off the bridge and into the river below.  Unfortunately, the named insured and the permissive driver died in the accident although a third passenger escaped.  The survivors of the named insured sued the other driver, the estate of the permissive driver and the State of California for multi-millions of dollars in loss of support and future income.  The State cross-complained for indemnity against the estate of the permissive driver.  The State Farm policy describing the car excluded liability coverage for "bodily injury to any insured."  In its ruling on State Farm's summary judgment motions in the DRA as to both the plaintiffs' claims in the complaint (decided in February of 2008) and the State's indemnity claim in the cross-complaint (decided in June of 2008), the court found that the exclusion applied, such that State Farm had no duty to defend or indemnify.  The order granting the motion as to the underlying plaintiffs is currently on appeal.

Mr. Farmer and Ms. Freund continued their success in this matter in defense of the appeal. The California Court of Appeal, First Appellate District issued an unpublished opinion on January 30, 2009 affirming the judgment in full.

John Farmer and Merris Washington teamed up in the May 2008 trial of a wrongful death motorcycle v. truck case in the El Cajon branch of the San Diego Superior Court.  The issues of liability and damages had been bifurcated on motion prior to trial.  In Kennedy v. Cummings, plaintiffs' decedent was riding in a group of three motorcyclists on a two lane road in east San Diego County.  The defendant water truck driver, who was proceeding from a stop at a T-intersection, entered the roadway and begun his turn when the motorcycles appeared and the decedent, the lead motorcyclist, struck the left front wheel and tire of the truck and sustained fatal injuries.  Counsel for Plaintiffs claimed that the motorcycle was traveling at the speed limit and was well in view when the truck began its turn, giving the decedent the right of way.  The defense presented lay and expert witness testimony contending the decedent's excessive speed was the cause the accident.  The pretrial demands from plaintiffs varied from $1 million and more to $500,000 just before commencement of trial.  The defense offered $300,000 just before trial.  Plaintiffs were prepared to seek $3-4 million had the trial gone into a damage phase.  After a 5-1/2 day jury trial, the jury returned a verdict in favor of both defendants, 10-2.

On January 19, 2008, Daniel Fallon was recognized by the San Diego Defense Lawyers as the 2007 Outstanding New Lawyer.  The award was presented by Ken Greenfield, President of SDDL, during the Installation Dinner at the U.S. Grant Hotel in San Diego. The award is intended to recognize the hard work and dedication of young lawyers who exemplify abilities beyond their year of experience and the professionalism of their more experienced colleagues.  We at FC&F are proud that Dan received professional recognition for his outstanding level of service about which clients frequently comment.

In January of 2008, Phil Hack obtained a defense verdict in Clifford Hoggatt v. Laidlaw Transit, Inc., a San Diego County Superior Court case in which the plaintiff claimed he injured his left arm, rotator-cuff and shoulder when the bus driver closed the doors on him as he was boarding a transit bus.  The jury unanimously rejected plaintiff's prayer for $160,000 in damages and found in favor of the bus driver and bus company after less than one hour of deliberation.
 

In July of 2007, John Fedor represented Motel 6 Operating L.P. in the matter of Mary & William Butler v. Motel 6, a trip and fall case in San Diego County Superior Court.  While liability was not truly at issue, Motel 6 believed the plaintiffs' claimed damages - personal injuries with need for future surgery by Mary Butler and loss of consortium damages by William Butler - were highly exaggerated.  At trial, plaintiffs requested awards of $500,000 - $700,000 and $150,000 - $200,000, respectively.  Essentially agreeing item by item with the defense's presentation of its damages defense, the jury was out less than 2 hours before returning with the expected plaintiffs' verdict, but with awards of $69,685 and -0-, respectively.

In May of 2007, Phil Hack had a successful trial result in Jose Canela v. American Medical Response of Southern California, a Los Angeles County Superior Court case that arose from a March 19, 2003 auto versus ambulance accident in the Vernon community of Los Angeles.  Forced to go to trial on a liability case by the plaintiff's $2,000,000 settlement demand, Phil effectively challenged the plaintiff's medical claims and expert witness testimony so that a jury returned the expected verdict for plaintiff, but awarded $190,000 ($237,500 award reduced 20% for plaintiff’s comparative negligence), less than the statutory offer to compromise AMR made prior to trial.  In light of AMR's position as "prevailing party" due to plaintiff's inability to obtain a verdict more favorable than the rejected compromise offer, Phil further saved the client substantial money by negotiating a post-trial settlement for $140,000.  This case illustrates that sometimes an adverse verdict is actually a client win when a proper FC&F liability and damage evaluation reveals an unreasonable plaintiff demand.