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Alexander Hawes, LLP: Personal Injury Introduction

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Personal Injury Description
Personal Injury Cases

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Personal Injury Cases are those cases in which there are personal physical injuries. We have litigated many personal injury cases, and we are quite proud of our record of achievement. Below is a small sample of what we have done on behalf of our clients. Contact us for more information.

Personal Injury Cases[^]

Here are just a few of the injury and wrongful death cases that our personal injury lawyers have litigated. Contact us for more information. Or see our complete list.

$15,500,000 for electrical burn injuries against IBM for a 37 year old apprentice  technician employed by Fluor Corporation, which had contracted with IBM to service its high voltage electrical equipment.  The apprentice, in the presence of an IBM engineer and his supervisor, was sent to scavenge a replacement part from a power station that "locked off" and tagged "out of service."   When the apprentice applied his wrench,12,400 volts exploded causing burns to 60% of his body.  McNabb v. IBM, Santa Clara County Superior Court.

$3,500,000 recovery for a 19 year old passenger in a rollover who suffered a tragic spinal C-7 cord injury, but who through excellent medical care and great determination regained the ability to walk.  Fisher v. Pitts, Sonoma County Superior Court.

$3,200,000 recovery for the death of a college student caused by a delaminating rear tire on her SUV resulting in multiple rollovers. Before the crash, her father had the car repaired his regular dealer who noted that all four tires were "out of round." Those facts were never reported to the family. Witnesses saw the SUV traveling at 70 on an interstate highway and being driven safely immediately before the rollover occurred. Clark County District Court, Las Vegas, Nevada.

$1,000,000 recovery for the leader of the Palo Alto Police Department's SWAT Team for injuries caused by an ambulance making an illegal u-turn on Embarcadero Road in front of his motorcycle causing a broadside crash. Despite multiple fractures an truly miraculous recovery allowed this veteran police officer to return to his job in one year. Herrera v. American Medical Response, Santa Clara County Superior Court.

$1,300,000 wrongful death recovery for the loss of a 19 year old son caused by a driver violating a stop sign directly into his vehicle. The insurance carrier refused to settle this claim for policy limits before suit was filed and paid, in addition to the $100,000 policy, $1,200,000 to put to rest all claims as a result of the insurance company's mismanagement. Stewart v. Edgmon, Santa Clara County Superior Court.

$2,650,000 recovery for a below knee amputation suffered by a 70 year old elementary school volunteer who was struck in a crosswalk on South Park Victoria Drive, Milpitas, California. The insurance company refused to settle for policy limits before suit was filed. But for the policy limits demand at the outset, the total recovery would have been limited to $100,000. Epps v. Tang, Santa Clara County Superior Court.

$8,132,000 jury verdict for plaintiffs in Byer v. Market Transport tried by Richard Alexander after rejecting a settlement offer of $4.5 million. Byer, age 15, suffered irreversible brain damage when the Byer family car was sideswiped by a tractor and trailer. The jury deliberated one day before delivering its unanimous verdict.

$11,000,000. Lead attorney in Nevarez v. Foremost Dairies, a multi-vehicle auto-truck collision that resulted in identical C-5/C-6 quadriplegic injuries to a father and daughter, when their car was rear-ended on smoke-covered I-5 by the defendant's tractor and trailer. More than 25 depositions and motions were required to bring the case to trial in San Francisco. Following a five-day settlement conference, the defendant's insurance carriers offered $10,000,000 in settlement or promised they would try the case in response to my demand of $13,500,000. While waiting for a trial department to open in San Francisco, an additional $1,000,000 was offered and the plaintiffs accepted.

$5,000,000 for unbelted C-7 quadriplegia. On May 6, 2001, plaintiff, a 19 year old college student, was a passenger in a 1989 Toyota Camry driven by a college classmate. Both were returning home after the spring exams. The Camry was equipped with automatic shoulder and manual lap seatbelts. The students had agreed to share driving. The plaintiff slept in the front passenger seat as the defendant drove the first leg of the trip. Neither wore their lap belts. The defendant driver fell asleep at the wheel at 70 miles per hour. Eyewitnesses observed the Toyota drift from the slow lane into the level, flat median, where the driver made a hard right steering input. The left front tire plowed into the dirt; the Camry tripped and rolled, landing on the roof rail over the passenger's door. Both students were thrown from the car as it rolled twice before coming to rest. See computerized simulation (AVI: will take a few moments to download). Multnomah County Circuit Court No. 0109-09529, trial date September 23, 2002. Settled August 21, 2002.

$4,000,000. Lead attorney for Donald Coca, a passenger in a car stopped for a Vehicle Code violation, whose face was destroyed by a shotgun which had been placed on his shoulder by a San Jose Police Officer who was riding along with the California Highway Patrol. Cash settlement of $4,000,000 believed to be the highest dollar award in the history of the California Highway Patrol and the City of San Jose.

$7,500,000. Represented five families in wrongful death actions against PG&E arising from a defectively designed scaffolding system in a 500' vertical shaft which failed at PG&E's Helm's Creek Hydroelectric Facility in Fresno resulting in structured settlements providing in excess of $25 million in benefits to the surviving families over their lifetimes.

$1,000,000. Plaintiff, a 51 year old computer executive, suffered a skull fracture and brain injury when he fainted and fell to the deck of a WWII military cargo ship while it was in port preparing for a Saturday cruise. Passengers freely climbed onto hatch covers which were used for seating. This tragically serious injury case settled because even though there were no reports of previous injuries from similar falls, a sister ship berthed in Baltimore, Maryland did not allow passengers on its cargo hatches during cruises because of the risk of falls. Following surgery and two weeks of intensive care at San Francisco General, plaintiff received a month's rehabilitation at Santa Clara Valley Medical Center and eventually returned to work with his former employer. San Francisco Superior Court number 301570.

Confidential. Ingvardsen v. Lucky Stores, Santa Clara County No. 705350. June Ingvardsen, a 56 year old, Los Altos mother of three boys and paralegal assistant of 18 years, consumed one bottle of the contaminated L-tryptophan, an essential amino acid and food supplement. She began experiencing symptoms and was diagnosed with EMS. EMS is a painful and progressive, multi-system disease which causes permanent scarring and fibrosis to nerve and muscle tissues, continuing inflammation, and provokes a permanent change in the body's immune system. Showa Denko was sued by Lucky Stores and joined as a cross-defendant. Showa Denko's plan to delay Ms. Ingvardsen's case by consolidating all California L-tryptophan cases in Los Angeles was successfully opposed and discovery was actively pursued to bring the case to trial. The case settled immediately prior to trial in a day long settlement conference before the Hon. David Leahy. Pursuant to the demand of Lucky Stores and Showa Denko K.K. the settlement sum is confidential and neither counsel or plaintiffs are allowed to comment on the adequacy of the recovery.

Another confidential personal injury recovery in Wyatt v. Longs Drugs for EMS injuries caused by L-tryptophan.

Confidential personal injury recovery against Showa Denko for contaminated L-tryptophan in Selbach v. Stanford University Hospital, Santa Clara County Action No. 704321.

Additional confidential personal injury recoveries against Showa Denko for contaminated L-tryptophan in Aguiar v. Showa Denko, Bransford v. Showa Denko and Zigalo v. Showa Denko, San Francisco Superior Court.

Confidential personal injury recovery for the death of a 16-year-old who lost his life in a rollover of a CJ-7 Jeep in Mock v. Chrysler Corporation, Fresno County Superior Court Action Number 442560-9. One of three sons, Aaron Mock, was driving on a two lane, paved farm road with a keg of beer enroute to a high school party. He executed a right turn at a higher than safe speed, drifted into the oncoming lane, and in attempting to maneuver the Jeep back to the right side of the roadway, lost control. Jeep's classic instability, due to a narrow wheel base, short overall length, and high center of gravity, resulted in the rollover. The seat belted passenger suffered minor injuries. Aaron Mock was thrown from his seat and crushed by the rollbar. In addition to the seat belt defense, father's previous separate counsel's pursuit of a claim against Fresno County for a dangerous condition of a public roadway provided Chrysler with Prop 51 defense that the roadway was a major contributing cause of the death. The roadway was not a cause of this rollover. Settled on a confidential basis at the demand of Chrysler and agreed to by surviving parents.

$1,350,000 recovery in a defective product case where a model airplane caused a leg fracture. Plaintiff, a 48 year old United Airlines pilot when he was struck by a high speed model airplane being clocked for speed at a sanctioned competition of the Academy of Model Aeronautics at Whittier Narrows. The crash of the model airplane and the injuries to plaintiff were caused by faulty construction, faulty pre-flight inspection, and the failure to conduct such races in protected fenced arenas. In addition, the standard AMA pre-flight pull test is believed to have caused the failure of fuselage bolts which caused the plane to fly out of control at a speed of 184 m.p.h. Because he was a co-participant in the racing competition and had started the doomed aircraft, the Academy claimed the plaintiff assumed the risk of this injury, although this was the first known case of such an injury occurring. Assumption of risk is a complete defense in recreational activities under recent decisions of California courts. Because of a non-union of the tibia and fibula, eleven medical procedures were required at a cost of $220,000. Fortunately plaintiff returned to return to work as a pilot. Armstead v. Academy of Model Aeronautics, Alameda County Superior Court No. H-150430-1 settled before Hon. Daniel Weinstein, retired judge of the Superior Court, Judicial Arbitration and Mediation Service.

$750,000. Obtained $750,000 recovery for burn injuries caused by a defectively designed electrical switch for PG&E lineman who admitted causing his own injury. Smethurst v. G&W Specialty Company settled the morning of trial after extensive pre-trial discovery against manufacturers of a 12,000 volt oil-filled switch which exploded when Smethurst turned the switch to the wrong position and, contrary to good practice, attempted to return the switch to its original position. Similar switches caused 10 deaths and 21 serious injuries over a 25-year period, but no warnings were ever distributed to users. Smethurst suffered burns over 60% of his body and was disabled for 14 months before returning to work as a PG&E lineman.

$750,000. Chief counsel for plaintiffs in Furchtenicht v. Peabody Barnes and General Electric, a product liability case for wrongful death settled for $750,000. Plaintiffs' decedent, father of three, electrocuted himself when he clipped the grounding plug from an extension cord that was attached to a three-prong submersible sump pump. During a heavy downpour, Mr. Furchtenicht attempted to drain his swimming pool of ground water by using the submersible sump pump with the modified extension cord. The sump pump shorted as he stood next to it and he suffered cardiac arrest. Subsequent investigation showed the pump wiring had shorted due to defective insulation and the manufacturer's assembly protocols were designed to pass defective pumps, which all helped overcome the decedent's high level of contributory negligence (as an engineering student in college he had taken three courses in electricity).

$200,000,000 estimated total recovery for 33,000 owners of 1987-90 Nissan minivans which were the subject of three recalls because of engine failures and fires before suit filed. One week before the hearing on plaintiff's motion to certify a national class action, Nissan negotiated a settlement of the class action, stipulated to the certification of a national class, and resolved a federal investigation by the National Highway Traffic and Safety Administration by "voluntarily" agreeing to an unprecedented buy back of 33,000 vans at fair market value [$5,000 to $7,000]. Johnson v. Nissan Motor Company In U.S.A., Santa Clara County Superior Court No. 730558.

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