Lewis Brisbois Bisgaard & Smith General Liability Newsletter Fall 2010
GENERAL LIABILITY GROUP VICTORIES
San Bernardino partner Lawrence Rookhuyzen received a defense verdict in the Riverside Superior Court case Stilwell v Final (9/03/10). Plaintiffs' lawsuit alleging Assault, Intentional Infliction of Emotional Distress and Trespass was retaliatory for our client's complaints to animal control that his neighbors were feeding dozens of cats who then used his backyard as their kitty litter box. The jury voted 12-0 in Defendant's favor. Mr. Rookhuyzen was able to obtain evidentiary rulings excluding plaintiff's expert witnesses, loss of earnings and a video tape that had not been shared.
San Bernardino partners Lawrence Rookhuyzen and Dean McVay and associate Manuel Sarmiento successfully defended an appeal from a 12-0 defense verdict in the SBSC case Camarata v Abbate claiming the trial court abused its discretion in granting a non-suit on the issue of assault, striking the testimony of plaintiff's child psychologist as to the ultimate fact, and allowing the defense expert to testify on issues of DNA and child sexual abuse. Oral argument was by Mr. Rookhuyzen. Plaintiff's Petition for Rehearing was denied.
On 8/5/10, San Bernardino Partner Lawrence S. Rookhuyzen received a defense verdict in the case of Yolanda Ochoa v Omnitrans, a public transit agency, tried before a jury in SBSC-Rancho Cucamonga. Ochoa, a bus passenger, was injured when a car pulled in front of the bus. Plaintiff's demand was $3.8 Million.
Los Angeles partner John Rea and San Bernardino partner Lawrence S. Rookhuyzen settled a wrongful death claim for $75,000 ($37,500 each to the decedent's divorced parents) in the consolidated Riverside Superior Court case Kazmark/Romero v Chappies Bar. The bar served the under aged [19] decedent, who later rear ended a parked mobile home, and died in the crash.
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