CLIENT VICTORIES

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.

Rhonda Gallo suffered injuries to her hip and wrist, both of which required surgery, as a result of tripping over a defective cable box cover owned and controlled by Comcast. The incident occurred on Union Street in San Francisco. The dangerous condition, which caused Ms. Gallo to stumble and fall, was a large 2.5 inch wide long and 1.75 inch deep lateral defect. Heinrich Law retained an engineer to help prove the dangerous nature of the defect. Ms. Gallo’s medical bills totaled $28,000 and her income loss totaled $8,000. Comcast agreed to settle the case for $395,000 shortly after a lawsuit was filed against Comcast and the City and County of San Francisco.

This case involved an automobile versus bicycle collision that occurred in Oakland. Ms. Lake was riding her bike down a residential street in Oakland, that contained shallow bike lane markings, when Mr. Chen, who was parked on the right side, suddenly and without warning flung his driver side door into the path of Ms. Lake’s oncoming bicycle. Ms. Lake was unable to avoid striking the car door. She was thrown over her handlebars and landed on her face, sustaining serious injuries to her jaw, nose and teeth. The matter had to be litigated because Mr. Chen denied fault, arguing that Ms. Lake was riding too close to his car door. Heinrich Law proved this wasn’t true, and the matter was resolved for $375,000 at mediation.

Client was a female bicycle rider, biking home from work in San Francisco, when she was struck at a high rate of speed by a red light running Town Car. Client was lawfully crossing the street in a cross walk when the crash occurred. Client sustained a severe concussion, several straining/spraining injuries, and abrasions as a result of the collision.

Plaintiff suffered serious personal injuries when a large plate glass window shattered on him while he was working out at a 24 Hour Fitness club in Oakland. Claims of premises liability, negligence and negligence per se were brought against 24 Hour Fitness and the building’s owner, arguing the plate glass window should have been made of safety tempered glass rather than untempered plate glass. Matter settled shortly before trial after client successfully defeated a Motion for Summary Judgment.