CLIENT VICTORIES

Ms. Martin slipped and fell on a slippery, water covered tile floor at the Pittsburg/Bay Point BART station. Unbeknownst to her, but well known to BART, the tile surface presented a veritable ice rink wherein, over the years, numerous BART patrons had been injured. As a result of the incident, Plaintiff suffered a severe fracture of her right ankle, requiring three surgeries.

Clients suffered serious orthopedic injuries in a motor vehicle collision. Ms. Heinrich was able to recover 3rd party policy limits in the amount of $30,000; and then recover 1st party Underinsured Motorist policy limits in the amount of $470,000.

This case involved a car versus electric skateboard collision that occurred in Oakland. Mr. Miratt, who was standing on his electric skateboard while stopped at a red light, was suddenly struck in the right leg by a car, whose driver got confused by the lane configuration and erroneously turned into the opposite lane of travel. Mr. Miratt sustained a comminuted right lateral tibial plateau fracture that required open reduction internal fixation surgery to repair. The claim settled for $500,000 in January 2020, thereby avoiding the need for litigation or trial.

Client was a pedestrian who slipped and fell over construction debris which had been left on a public sidewalk for months, suffering a concussion and soft tissue injuries. The matter was resolved at mediation following two years of litigation.

Ms. Marta lived in a condominium complex in Walnut Creek.  Ms. Marta sustained a severe right foot and ankle injury when she inadvertently stepped into a hole which had formed in the asphalt of the complex’s main thoroughfare.  Ms. Marta’s injuries required open reduction internal fixation surgery to repair the injuries to her foot and ankle.

Ms. Marta served on the board of the Homeowners Association (“HOA”) at the time of the incident.  The HOA and property management company argued that Ms. Marta was barred from recovering damages for her injuries because common area asphalt deficiencies had been discussed during association meetings prior to the subject incident.

Heinrich Law successfully argued that the client did not know, nor have reason to know, about the specific hole she stepped into; and individual homeowners, whether on the HOA board or not, are not responsible for maintenance of the common areas, including the location of the dangerous condition. We further argued that maintenance of the common areas are the responsibility of the HOA and property management company as corporate entities.

This matter settled shortly before trial, resulting in a $450,000 settlement for Heinrich Law’s client.

Mr. Moore suffered a mild traumatic brain injury after slipping and hitting his head on a concrete floor while in the process of exiting a hot tub at a private bathing facility. Suffering from both cognitive and emotional deficits, and sensitivity to light, Mr. Moore was virtually housebound as he treated for his injuries. Though Mr. Moore had signed a waiver upon entering the facility, Heinrich Law was able to establish that the dangerous condition created by the facility’s employees rendered the waiver ineffective.