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California Trial Lawyer Law Blog
Catastrophic Injury, Wrongful Death and Business Litigation Blog
$100 + The Rotary Foundation = Changed Lives!
One of the things I enjoy most about being a lawyer is meeting dynamic people who sincerely want to make a difference in our world and consistently take action to help others. Rotary Clubs around the world are filled with these types of people. Individuals who, on a daily basis, walk their talk when it comes to serving their local, national and international communities.
This morning at our Rotary Club meeting (www.monarchbeachrotary.com) a friend passed out a flyer from the Rotary Foundation (www.Rotary.org). What jumped out at me was the huge impact a very small donation made to the Rotary Foundation will make in the lives of others. For example, a donation of…
Yours in Service,
Mitch
Law Firm www.JacksonWilson.com
FaceBook www.FaceBook.com/jon.mitchell.jackson
Twitter www.Twitter.com/mitchjackson
Law Blog www.jwlawblog.com
This morning at our Rotary Club meeting (www.monarchbeachrotary.com) a friend passed out a flyer from the Rotary Foundation (www.Rotary.org). What jumped out at me was the huge impact a very small donation made to the Rotary Foundation will make in the lives of others. For example, a donation of…
- $100 helps provide for two desks for an elementary school in Honduras, 50 mosquito nets for women and children in Tanzania and one year of tuition for a high school student in China.
- $500 helps provide for reading books for 150 elementary school students in South Africa, one electric/gas oven for an elementary school in Costa Rica to feed students lunch and 10 beds for an orphanage in India.
- $1,000 helps provide for one portable dental chair for dental care to indigenous children in Mexico, vitamins and safe delivery hygienic birth kits for 20 expectant mothers in Nigeria and computers, scholastic materials, and six bookcases for a girls school in Uganda.
Yours in Service,
Mitch
Law Firm www.JacksonWilson.com
FaceBook www.FaceBook.com/jon.mitchell.jackson
Twitter www.Twitter.com/mitchjackson
Law Blog www.jwlawblog.com
Military Men and Women Injured by Medical Malpractice- Legal rights being restored!
Military men and women injured by medical negligence are a step closer to having their legal rights restored. Click here to read an excellent article on this topic...
How To Contact "Real People" at the Credit Bureaus...
A friend of ours and fellow trial attorney, Brian Pedigo, shared a link on Twitter that shows consumers how to get in touch with and actually speak to a live person at the three major credit bureaus. Click here for this valuable info…
Scott Winer- One of the world's top surf and island photographers
Want to give a shout out to our friend, Scott Winer, one of the top surf and island photographers in the world. At any given time, Scott can be found photographing surf and sunsets in Tahiti, California, Fiji, Samoa, Hawaii, and Indonesia. I’ve always been fascinated with Scott’s stories and adventures. Check out all of the beautiful pics at Scott’s web site- www.scottwiner.com
Tricks of the Trade- How Insurance Companies Deny, Delay, Refuse and Confuse Consumers
New Report From the American Association of Justice...
Tricks of the Trade- How Insurance Companies Deny, Delay, Refuse and Confuse Consumers
Too often, insurance companies refuse to pay fair and just claims to policyholders. When they do, the only way to hold them accountable is through the civil justice system. Many insurance companies refuse to pay just claims, employ hardball tactics against policyholders, reward executives with extravagant salaries, and raise premiums while hoarding excessive profits.
At the same time, the insurance industry has enjoyed its highest yearly profits ever, all at the expense of consumers. AAJ has conducted extensive research to examine insurance company greed and how consumers can hold them accountable. Click here to read the article...
Tricks of the Trade- How Insurance Companies Deny, Delay, Refuse and Confuse Consumers
Too often, insurance companies refuse to pay fair and just claims to policyholders. When they do, the only way to hold them accountable is through the civil justice system. Many insurance companies refuse to pay just claims, employ hardball tactics against policyholders, reward executives with extravagant salaries, and raise premiums while hoarding excessive profits.
At the same time, the insurance industry has enjoyed its highest yearly profits ever, all at the expense of consumers. AAJ has conducted extensive research to examine insurance company greed and how consumers can hold them accountable. Click here to read the article...
California Daily Journal Profile on Lewis $5.5M Verdict...
California Daily Journal
RESULT DATE: April 28, 2009
Arthur Lewis, Jesse Lewis, Arthur Lewis III, a minor, by and through his Guardian ad Litem, Linda Benton, Nathaniel Lewis, a minor, by and through his Guardian ad Litem, Camille Davis v. County of Riverside (RIC412236) Hon. William E. Burby Jr. Riverside Superior
CIVIL RIGHTS
Excessive Force
Wrongful Death and Emotional Distress
VERDICT: $5,500,000
ATTORNEYS: Plaintiff - Jon Mitchell Jackson (Jackson & Wilson, Inc., Laguna Hills). Defendant - Bruce E. Disenhouse (Kinkle, Rodiger & Spriggs, Riverside).
FACTS: According to plaintiff's counsel: As what would happen several times each year and because of a pre-existing medical condition, Arthur Lee Lewis Jr., 33, was experiencing various medical issues resulting in him not eating, communicating or otherwise functioning properly. His parents, Arthur Sr. and Jesse Lewis picked Arthur Jr. up at his house and brought him back to their home to take care of him and get him back on his feet. On Oct. 30, 2003 at 9:15 p.m., after several days of Arthur Jr. not getting better, the Lewis' called 911 to request assistance in getting their son to the hospital for medical care.
In response to the 911 call, (which was considered a Welfare 5150 call by the Moreno Valley Police Dept.), several Moreno Valley Police Officers arrived at the Lewis home. According to the Lewis family, rather than helping get their son to the hospital, the officers instead used pepper spray on their son and without provocation, unnecessarily attacked their son and attempted to physically restrain him. One officer attempted a carotid restraint (blood choke) on Arthur Jr., lasting between 20-30 seconds. He was then slammed face down on to the floor, handcuffed and legs tied. Despite Jesse Lewis begging the officers to get off of her son, the deputies placed their knees on the back of his neck and lower back.
According to the Lewis' trial testimony, the deputies told them that, "we know what we're doing, we do this all the time." At this time, the Lewis' testified that they heard their son make a gurgle type of noise and then go limp. During this time, another deputy came into the house with his police dog and pulled it up on its leash and hind legs, and forced Arthur Lewis Sr. down hall and Jesse Lewis into the kitchen of their own home. The remaining officers then picked up Arthur Jr., and carried him outside onto the front lawn of the Lewis home. Immediately thereafter, the deputies discovered that Arthur Jr. was dead.
The decedent was a veteran of the U.S. Navy and worked in the pharmaceutical industry. He was employed by Unilab for four years as a phlebotomist prior to death. He was survived by his parents, Arthur Lewis Sr. and Jesse Lewis and minor children, Arthur Lewis III and Nathaniel Cameron Lewis.
PLAINTIFF'S CONTENTIONS: The plaintiffs contended that the deputies used unnecessary, unreasonable and excessive force while handling a Welfare 5150 call at the home of plaintiffs.
DEFENDANT'S CONTENTIONS: The defendants contended that the deputies did not use unreasonable force.
JURY TRIAL: Length, 10 days; Deliberation, two days
RESULT: $5,500,000 gross verdict to plaintiffs ($1.6 million to Arthur Lewis III; $1.6 million to Nathaniel Lewis; $750,000 to Arthur Lewis and $750,000 to Jesse Lewis).
OTHER INFORMATION: As a result of the trial, the jury found that each of the minor children of Arthur Jr. should be awarded $2 million reduced to $1.6 million based upon a finding that Arthur Jr. was 20 percent comparatively at fault. The family disagrees with the comparative negligence finding but is glad to finally have some level of closure in this matter. The jury furthermore found that Arthur Sr. and Jesse Lewis were each entitled to $750,000 for the emotional distress of being forced to watch the events concerning their son in their living room.
Two unsuccessful mediations were held. The first mediation was held several years ago at JAMS with the defendant making a $20,000 offer. A second six-hour pre-trial mediation was held at Judicate West in January 2009 with all parties agreeing to a single lump sum settlement of $475,000, which was subsequently rejected in closed session by the Riverside Board of Supervisors.
The information contained in this case report was provided solely by plaintiff's counsel. Defense counsel had objections but did not provide comments.
RESULT DATE: April 28, 2009
Arthur Lewis, Jesse Lewis, Arthur Lewis III, a minor, by and through his Guardian ad Litem, Linda Benton, Nathaniel Lewis, a minor, by and through his Guardian ad Litem, Camille Davis v. County of Riverside (RIC412236) Hon. William E. Burby Jr. Riverside Superior
CIVIL RIGHTS
Excessive Force
Wrongful Death and Emotional Distress
VERDICT: $5,500,000
ATTORNEYS: Plaintiff - Jon Mitchell Jackson (Jackson & Wilson, Inc., Laguna Hills). Defendant - Bruce E. Disenhouse (Kinkle, Rodiger & Spriggs, Riverside).
FACTS: According to plaintiff's counsel: As what would happen several times each year and because of a pre-existing medical condition, Arthur Lee Lewis Jr., 33, was experiencing various medical issues resulting in him not eating, communicating or otherwise functioning properly. His parents, Arthur Sr. and Jesse Lewis picked Arthur Jr. up at his house and brought him back to their home to take care of him and get him back on his feet. On Oct. 30, 2003 at 9:15 p.m., after several days of Arthur Jr. not getting better, the Lewis' called 911 to request assistance in getting their son to the hospital for medical care.
In response to the 911 call, (which was considered a Welfare 5150 call by the Moreno Valley Police Dept.), several Moreno Valley Police Officers arrived at the Lewis home. According to the Lewis family, rather than helping get their son to the hospital, the officers instead used pepper spray on their son and without provocation, unnecessarily attacked their son and attempted to physically restrain him. One officer attempted a carotid restraint (blood choke) on Arthur Jr., lasting between 20-30 seconds. He was then slammed face down on to the floor, handcuffed and legs tied. Despite Jesse Lewis begging the officers to get off of her son, the deputies placed their knees on the back of his neck and lower back.
According to the Lewis' trial testimony, the deputies told them that, "we know what we're doing, we do this all the time." At this time, the Lewis' testified that they heard their son make a gurgle type of noise and then go limp. During this time, another deputy came into the house with his police dog and pulled it up on its leash and hind legs, and forced Arthur Lewis Sr. down hall and Jesse Lewis into the kitchen of their own home. The remaining officers then picked up Arthur Jr., and carried him outside onto the front lawn of the Lewis home. Immediately thereafter, the deputies discovered that Arthur Jr. was dead.
The decedent was a veteran of the U.S. Navy and worked in the pharmaceutical industry. He was employed by Unilab for four years as a phlebotomist prior to death. He was survived by his parents, Arthur Lewis Sr. and Jesse Lewis and minor children, Arthur Lewis III and Nathaniel Cameron Lewis.
PLAINTIFF'S CONTENTIONS: The plaintiffs contended that the deputies used unnecessary, unreasonable and excessive force while handling a Welfare 5150 call at the home of plaintiffs.
DEFENDANT'S CONTENTIONS: The defendants contended that the deputies did not use unreasonable force.
JURY TRIAL: Length, 10 days; Deliberation, two days
RESULT: $5,500,000 gross verdict to plaintiffs ($1.6 million to Arthur Lewis III; $1.6 million to Nathaniel Lewis; $750,000 to Arthur Lewis and $750,000 to Jesse Lewis).
OTHER INFORMATION: As a result of the trial, the jury found that each of the minor children of Arthur Jr. should be awarded $2 million reduced to $1.6 million based upon a finding that Arthur Jr. was 20 percent comparatively at fault. The family disagrees with the comparative negligence finding but is glad to finally have some level of closure in this matter. The jury furthermore found that Arthur Sr. and Jesse Lewis were each entitled to $750,000 for the emotional distress of being forced to watch the events concerning their son in their living room.
Two unsuccessful mediations were held. The first mediation was held several years ago at JAMS with the defendant making a $20,000 offer. A second six-hour pre-trial mediation was held at Judicate West in January 2009 with all parties agreeing to a single lump sum settlement of $475,000, which was subsequently rejected in closed session by the Riverside Board of Supervisors.
The information contained in this case report was provided solely by plaintiff's counsel. Defense counsel had objections but did not provide comments.
Proper Use of Force?
Excessive use of force or reasonable under the circumstances? Taser used on grandmother. Click here to watch the video...
Your thoughts and comments...
Your thoughts and comments...
Recent Testimonial From a Senior Claims Manager of a Major Insurance Company...
“Mr. Jackson and his legal team should be the first choice for anyone seeking assistance with an unusual or complex legal matter. I’ve dealt with numerous attorneys over the past 22 years working for a major insurance company and I can honestly say, none are as professionally competent or care more about customer service than Mr. Jackson”
Senior Claims Manager- Major Insurance Company
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Note- We always look forward to helping people resolve their legal matters. Please feel free to call with your legal questions or needs!
Senior Claims Manager- Major Insurance Company
________________________
Note- We always look forward to helping people resolve their legal matters. Please feel free to call with your legal questions or needs!
Bankruptcy Filings Have Skyrocketed in the U.S.
California bankruptcy filings fueled by the recession have exploded across the U.S. In California, bankruptcy filings increased by 80 percent according to newly released statistics from the Administrative Office of the U.S. Courts. During the same period of time, bankruptcy filings jumped by 33 percent across the nation.
When discussing possible litigation, it is always important to advise clients that any judgment obtained against a defendant may eventually be discharged in bankruptcy. Because litigation can be very expensive, issues involving defendant’s insurance coverage and damages must be reviewed, discussed and agreed upon before litigation is commenced.
Always feel free to contact us with your California litigation questions or needs. We’re standing by to help!
When discussing possible litigation, it is always important to advise clients that any judgment obtained against a defendant may eventually be discharged in bankruptcy. Because litigation can be very expensive, issues involving defendant’s insurance coverage and damages must be reviewed, discussed and agreed upon before litigation is commenced.
Always feel free to contact us with your California litigation questions or needs. We’re standing by to help!
Asset Protection Issue Update
Asset Protection Issue Update
Many of our clients are unaware of the fact that for some time now, the U.S. Treasury has required each U.S. Person who has a financial interest in or signature authority over foreign financial accounts. This includes bank accounts, brokerage accounts, mutual funds, debit and prepaid credit cards or other types of financial accounts, with an aggregate value exceeding $10,000 at any time during the calendar year. The report is called a Report of Foreign and Financial Accounts and commonly referred to as an FBAR. Form TD F90-22.1 must be filed on or before June 20 of the succeeding year.
Full disclosure and following all laws is key to successfully implementing off-shore estate and asset protection tools. Please feel free to give us a call with any questions or comments.
Many of our clients are unaware of the fact that for some time now, the U.S. Treasury has required each U.S. Person who has a financial interest in or signature authority over foreign financial accounts. This includes bank accounts, brokerage accounts, mutual funds, debit and prepaid credit cards or other types of financial accounts, with an aggregate value exceeding $10,000 at any time during the calendar year. The report is called a Report of Foreign and Financial Accounts and commonly referred to as an FBAR. Form TD F90-22.1 must be filed on or before June 20 of the succeeding year.
Full disclosure and following all laws is key to successfully implementing off-shore estate and asset protection tools. Please feel free to give us a call with any questions or comments.
