PERSONAL INJURY / WRONGFUL DEATH / PREMISES LIABILITY DISPUTE RESOLUTION EXPERIENCE

Mr. Polsky has participated in the resolution of literally thousands of personal injury disputes ranging from automobile and premises claims to complex liability claims involving serious injury and death. He lectures throughout the country for bar associations, law firms, corporations and lawyer associations and has been widely published in this area.

REPRESENTATIVE PERSONAL INJURY / WRONGFUL DEATH CASES HANDLED BY MR. POLSKY

• Aircraft and airport design: Failure to properly maintain runway resulting in crash of small plane. Design failure of ultra-light resulting in crash and quadriplegia. (Settlement involving aircraft designer, airport and municipality)
• Flyaway wheel impacted passenger vehicle at driver's front roofline resulting in unconsciousness, physical injuries and brain injury to 35-year-old male. (Settlement $13 mm)
• Tractor/trailer vs. emotionally impaired pedestrian resulting in severed urethra, crushed pelvis and fractured lumbar spine. (Settlement $3.5 mm placed into special needs trust)
• Tractor/trailer vs. motorcycle resulting in paraplegia of 31-year-old father of three.
• Electrocution of 23-year-old construction worker at asbestos abatement project.
• Liability to tow truck operator for wrongful death of 28-year-old father of one following foot pursuit to recover towed vehicle.
• Automobile vs. motorcycle resulting in paraplegia. Plaintiff, intoxicated and not licensed to drive a motorcycle, drove into path of truck which was engaged in an unlawful turning movement. (Settlement lifetime payment of current earnings with 3% cola, payoff of past medicals and attorney fees)
• Crush death to an 18-month-old child who was left in the care of her grandfather and permitted to wander into a rural roadway while a trash truck was in the process of backing down the roadway. Allegation of impaired vision of truck driver. (Settlement $1.2 mm)
• Police chase culminating in crash through front window of home. Father of three asleep on couch lapsed into persistent vegetative state. Mediation included compromise of $1 mm Blue Cross lien, arrangement for lifetime care, negotiation of cost of care and purchase of an annuity with reversion back to buyer depending on length of payout, settlement of future wrongful death claims. (Settlement $7.5 mm)
• Pedestrian run over and dragged by trash truck. Neither truck operator nor pedestrian saw one another though it was a clear day and vision was not obstructed. Injuries were severe and permanent to this 35-year-old female mother of two. (Settlement $2.7 mm placed into structure)
• Assault by security guard on residents of community where he was performing services. Assault witnessed by family of plaintiff following plaintiff's refusal to put out fireworks. (Settlement $250 k)
• Sexual relations with mentally retarded female while being transported by taxi driver on behalf of local hospital. (Settlement $100 k)
• Closed head trauma following broadside accident at intersection. Dispute over nature of brain injury. (Settlement $150 k)
• Error in communication to police officer at intersection permitted release of motor vehicle into path of bicyclist competing in marathon. Bicyclist, an iron man tri-athlete who had lost his leg in an accident five years earlier was rendered a C-3 quadriplegic. Major issue regarding scope of release documents. (Settlement $3.4 mm)
• Rear-end auto accident at off ramp of freeway resulting in burn death of single mother of two. Mother worked two jobs to support children and was en route home from night job when accident occurred. (Settlement $2.0 mm)
• Minor shot while standing in living room of home. Shots were fired by a man shooting at fleeing robbers. Injuries to 8-year-old boy included ruptured intestine, colostomy, abdominal scars, non-coordination of urination and defecation functions. (Settlement $700 k placed into annuity)
• Trip and fall by 61-year-old security guard at motorhome park. Mobile home vacant and plaintiff entered to inspect. Rear steps had been removed. Plaintiff fell three feet and sustained a hip fracture, crushed testicle, and back injuries. Plaintiff's preexisting conditions superimposed upon current injuries rendered him unemployable. (Settlement $750 k)
• Collapse of lounge chair causing severing of tip of plaintiff's small finger. Dispute regarding maintenance of chairs by hotel vs. manufacturing defect. (Settlement $100 k)
• Crash of tour bus resulting from driver suffering an acute heart attack. No history of prior heart condition and driver had recently passed a Department of Transportation medical exam. Injured passengers were part of a traveling charity dance troupe and mentally retarded young adults benefited by the charity. Defense of lack of negligence argued. (Pre-suit mediation due to unique liability issue resulted in 24 individual settlements)
• Intersectional accident between pick-up truck and automobile. Driver who violated right of way was convicted of DUI and was residing in a Salvation Army rehabilitation center. Mediation was of UIM claim. (Settlement $200 k)
• Claim by estate of decedent. Decedent was working on a container ship at the Long Beach Shipyard when he was run over by a crane. His legs were severed and he died. At issue was the status of decedent under the Jones Act. Specifically whether he could be classified as a seaman possessing an employment related connection to a vessel in navigation thereby giving rise to tort damages, or an employee of the vessel owner thereby giving rise to worker's compensation benefits.
• Rear-end truck vs. auto resulting in plaintiff sustaining severe burns to the face, arms, airway and head. Truck rear-ended Bronco which rear-ended plaintiff. Occupant of Bronco died. This action was against the trucking company by the burned driver of the auto. (Settlement $3.4 mm) The next action was on behalf of decedent. (Settlement $2.5 mm)
• Truck vs. auto accident resulting in blunt head and chest trauma to 79-year-old retired father of eight. Plaintiff sustained brain damage and went from independent to dependent on family. (Settlement $950 k)
• Collision between motorist and bus occurring in Minnesota. Plaintiff was proceeding around a curve at 45 mph. Bus was traveling at 5 mph in preparation for a left-turn. Plaintiff was 61 years of age and was treated and released. One year later he had C4 - C5 spinal fusion. Issue was comparative negligence and causation due to plaintiff's longstanding medical history of degenerative joint disease. (Settlement $450 k)
• Personal injuries sustained by mail handler upon opening a sealed package that contained sodium hydroxide. Product not shipped using hazmat shipping guidelines. Claims against shipper and employer alleging loss of lung capacity. (Settlement for $200 k against shipper and preservation of worker's compensation claim with waiver of credit assertion rights)
• Plaintiff rendered a quadriplegic while operating a vibratory asphalt roller at a construction site. Plaintiff operated the vehicle close to a tree with an overhanging branch. The branch caught on the vehicle and snapped back, breaking plaintiff's neck. Claim alleges design defect in not having the operator caged, premises liability and negligence against property owner and job site superintendent for directing plaintiff near the tree without providing lookout. Plaintiff conceded massive comparative negligence and risk of defense award. However, due to size of special damages claim would be prosecuted seeking Proposition 51 allocation. (Each of five defendants settled for amount that totaled $2.8 mm)

• Fraternity and landlord/tenant liability for brain damage suffered by college student after fall from suspended bed. (Settlement $650 k)
• Failure to adequately secure pool resulting in death of child. (Settlement $1.2 mm)
• Numerous shopping center floor surface cases.
• Numerous lighting cases.
• Numerous cases involving sexual or physical assaults by security guard.
• 80-year-old patron of national chain restaurant tripped on leading edge of handicap ramp and fractured her hip. The ramp had defective striping and an edge elevated by 1/2 inch, which was difficult to observe due to the placement of a stripe over it. Medical expenses $65 k (Settlement $250 k)
• Claim against tour company and motel used as lodging for student tour arising from auto accident when teenage tour participants attempted to cross busy highway behind the motel. (Settlement $47 K)
• Trip and fall resulting in double fractures of left arm of 55-year-old female. Fractures resulted in non-union of ulna and mal-union of radius. (Settlement $250 k)
• Traffic death of jaywalking father of three. Decedent was crossing Pacific Coast Highway, at night, wearing dark clothing, when he was struck by defendant's Saab. Defendant did not see decedent at any time. Although defendant registered a .04 blood alcohol level, police at the scene testified he was not under the influence. (Settlement $1 mm)
• Injuries to sole driver of truck after a recently repaired braking system failed on its first use. The truck was proceeding down a grade. It struck a curb and flipped over. Action against repair contractor. Fracture of left humerus requiring open reduction and right leg crush injury. (Settlement $900 k)
• Plaintiff injured in auto accident. Defense positioned the case as low back strain. Plaintiff contended surgery was inevitable. Arbitrator agreed with defense and awarded $36 k. Three months later plaintiff had a laminectomy with fusion. (Settlement $400 k)
• 70-year-old man tripped and fell on green vegetables at produce area of super market. There was no mat on the tile floor. Fractured hip required replacement. (Settlement $225 k)
• Plaintiff rendered a quadriplegic while operating a vibratory asphalt roller at a construction site. Plaintiff operated the vehicle close to a tree with an overhanging branch. The branch caught on the vehicle and snapped back, breaking plaintiff's neck. Claim alleges design defect in not having the operator caged, premises liability and negligence against property owner and job site superintendent for directing plaintiff near the tree without providing lookout. Plaintiff conceded massive comparative negligence and risk of defense award. However, due to size of special damages claim would be prosecuted seeking Proposition 51 allocation. (Each of five defendants settled for amount that totaled $2.8 mm)
• Plaintiff was being dropped off at LAX by a commuter van. The van stopped in the second lane from the curb. As plaintiff was stepping out, another commuter van drove past in the first lane. Plaintiff's head was struck by the mirror assembly causing a closed head injury. Dispute regarding nature and extent of injuries, potential future loss of use and comparative negligence. (Settlement $750 k)
• Wrongful death of mother of three occurring when she was ejected from vehicle following single vehicle rollover. Witnesses observed decedent slumped over steering wheel prior to the crash. Allegation of seat belt crashworthiness based on testimony that decedent routinely used her seat belt. (Settlement)
• Alleged gas range tip over while small children were stepping onto the door. Scalding hot water poured over face of one child causing severe injuries. The installer had not placed stability brackets that were shipped with the range. Manufacturer defended based on lack of evidence of an actual tip over and failure to place the brackets. (Settled)
• Fall into newly placed manhole. Plaintiff was working on the highway project laying plastic when he stepped backward into the hole. The hole was three feet below grade. The surface was a black asphalt base coat. Injuries included fractured ankle, and surgery to reconstruct plaintiff's lateral ligament. Post surgery there was a spur and a scar. (Settlement $335 k)

OTHER RELATED EXPERIENCE

Mr. Polsky is a sought after negotiation skills trainer and has lectured throughout the United States. He is an adjunct Professor of Law at the University of Southern California Law School, where he teaches a course he designed on ADR and negotiation, and at the Straus Institute for Dispute Resolution at Pepperdine University He has resolved thousands of complex commercial and serious injury disputes and was named one of the top 20 mediators and arbitrators in California by the Daily Journal. Local bar association annual reviews consistently give Mr. Polsky high marks for fairness as an arbitrator and tenacity and commitment as a mediator.