Herzfeld & Rubin LLP

HERZFELD & RUBIN OBTAINS DEFENSE VERDICT IN ASBESTOS LUNG CANCER

admin — Sat, 15 Oct 2011 02:54:09 +0000

After a 33 day trial a Santa Barbara jury returned a defense verdict for H&R’s client Volkswagen Group of America, Inc. Plaintiff, Richard Steiner at the age of 49 was diagnosed with lung cancer. He and his wife sued 18 defendants. Plaintiffs sought damages from the defendants based upon Plaintiff, Richard Steiner, claimed 9 years of extensive and cumulative occupational exposure to respirable asbestos fibers during his high school auto shop class, and from his work at two Chevron service stations as well as non-occupational work on family and friends vehicles. Mr. Steiner admitted to smoking between 2 to 5 cigarettes per day. Plaintiffs alleged that Mr. Steiner’s lung cancer was caused in part by his exposure to asbestos-containing brakes, clutches and/or gaskets manufactured, supplied and/or distributed by the 4 remaining defendants, Pneumo Abex, Ford Motor Company, Nissan North America, and Volkswagen Group of America, Inc., and in part by his smoking. Plaintiffs alleged that the combination of the asbestos exposure and the smoking had a synergistic effect in increasing Mr. Steiner’s risk of developing lung cancer. The Honorable Thomas P. Anderle presided over the case. Volkswagen Group of America, Inc., was represented by Craig Winterman, Tara Jane Flynn and Chuck Finberg. Plaintiffs were represented Simona Farrise, Carla Minnard, Jennifer Johnson and Sharon Arkin.

ADDISON V. DEMIROZU

admin — Fri, 14 Oct 2011 04:42:50 +0000

The patient was referred by Dr. Demirozu to a surgeon for a procedure to remove excess tissue in the back of the throat and nasal cavity, which contributed to the patient’s sleep apnea, causing him hypoxic episodes and sonomulance. Post-surgery, the patient alleged he complained of leg pain which could be indicative of deep vein thrombosis. Dr. Demirozu testified that he was never advised of any such leg pain and that his examinations of the patient were normal and, further, that the patient was ambulating post-operatively which lessened the risk of lower extremity deep vein thrombosis. The patient ultimately did form such a clot which traveled to his lungs resulting in his instantaneous death. He left behind a wife and a son, and was employed as an executive in the transportation industry. The jury returned a defense verdict.

STEINER, ET. AL., V. PNEUMO ABEX ET. AL. SBSC CASE 1374169

admin — Fri, 14 Oct 2011 02:45:59 +0000

BARBARENA V. KEYES AUDI

admin — Wed, 12 Oct 2011 21:53:12 +0000

The California Court of Appeals, Second Appellate District affirms the grant of summary judgment that was authored by Partner, Gary S. Yates.

Plaintiffs, Luis and Heather Barbarena, appealed from the granting of a summary judgment and dismissal in favor of Defendant, Keyes Audi, a local Audi dealership. The lawsuit involved a 2005 Audi A4 which stalled on the Ventura Freeway and was rear-ended by an automobile driven by co-defendant, Matthew Salzberg. As a result of the collision, Luis Barbarena sustained neck, back and shoulder injuries necessitating a lengthy course of treatment. Heather Barbarena, who owned the Audi, sued for property damage and loss of consortium.

Plaintiffs contended that the Audi stalled as a result of a defectively and negligently designed fuel system and also asserted a breach of warranty claim. In the summary judgment, Mr. Yates argued that the Barbarenas had failed to furnish any competent evidence to support any of their theories of liability. The Appellate Court affirmed the Honorable Judge Richard Fruin’s granting of the summary judgment in favor of Keyes Audi. Keyes Audi’s appellate brief was authored by Gary Yates and Miriam Skolnick and Les Williams of Herzfeld & Rubin PC.

ASCARI V. BENTLEY MOTORS, INC.

admin — Wed, 12 Oct 2011 21:49:48 +0000

Craig L. Winterman and Gary S. Yates, along with Les Williams of Herzfeld & Rubin PC, successfully defended a products liability suit brought against Bentley Motors, Inc. and Bentley Motors, Ltd. Plaintiff, Fredric Ascari, a 40-year old attorney who was rendered a quadriplegic, contended that the seat in the 1990 Bentley Turbo R that he was driving was defectively and negligently designed. Mr. Ascari lost control of the Bentley as he was driving on the McArthur Blvd. on-ramp for the northbound SR 73 freeway. The Bentley collided with the metal guardrail that was adjacent to the on-ramp. Mr. Ascari argued that his seat collapsed when the rear of the Bentley struck the guardrail. As a result, Mr. Ascari ramped up the seat back striking his head into the rear window. Mr. Ascari sustained fractures to his C -5 and C-6 vertebral bodies and a 50 cm scalp avulsion. Plaintiff was represented by Gerry Spence’s former partners, Ed Moriarty, Brad Booke and Shandor Badaruddian, and San Diego attorney, Mary Downey. They asked the jury to return a $70,000,000 verdict. After a five-week trial, an Orange County Superior Court jury rendered a unanimous defense verdict after only 2 hours of deliberations. This was the first products liability trial in the United States involving a Bentley automobile.

Craig L. Winterman has been admitted to the Federation of Defense and Corporate Counsel

admin — Tue, 03 May 2011 19:14:05 +0000

Craig L. Winterman is a new member of the Federation of Defense and Corporate Counsel. The FDCC is an organization of recognized leaders in the legal community dedicated to representation of insurers and corporations. Congratulations Craig!

For more information on the FDCC please visit their website www.thefederation.org..

Craig L. Winterman will be speaking at the Audi Praxis Seminar on Class Actions January 6, 2013 – January 9, 2013

admin — Mon, 25 Apr 2011 18:55:51 +0000

This will be Craig’s 9th year speaking at the seminar.

Herzfeld & Rubin, LLP was a proud co-sponser of the 2011 California Hospital Medical Center Foundation Golf Classic.

admin — Wed, 30 Mar 2011 16:27:27 +0000

California Hospital Medical Center (CHMC) is a not-for-profit community healthcare facility that has been serving the needs of Los Angeles since 1887. Located near the Financial District, City Hall, and Staples Center, CHMC is the primary provider of emergency and other healthcare services in the greater downtown area. This year’s tournament will benefit the expansion of its cardiac care program, which will allow the hospital to provide comprehensive cardiac care to all patients who need it.

The tournament was held May 9, 2011 at the Wilshire Country Club. For more information please visit www.supportcaliforniahospital.org..

Herzfeld & Rubin LLP is Co-Sponsoring the Lemon Law Defense Counsel Seminar

admin — Sat, 05 Mar 2011 18:54:13 +0000

Herzfeld & Rubin LLP is once again co-sponsoring the Lemon Law Defense Counsel Seminar that will take place on June 17, 2011 at the Torrance Marriott.

The Lemon Law Defense Counsel Alliance*
IS PROUD TO PRESENT THE
NINETEENTH ANNUAL MANUFACTURERS’ LEMON LAW SEMINAR
Friday – June 17, 2011: Seminar: 12:00 p.m. to 5:00 p.m. Reception: 5:00 to 6:00 p.m.
Torrance Marriott, 3635 Fashion Way, Torrance, California 90503

For tickets, please download and submit the Guest Information Sheet below:

Ticket – Guest Information Sheet

Michael A. Zuk participated in the “All L.A. Conference” held on February 3, 2011

admin — Thu, 03 Feb 2011 23:41:23 +0000

Herzfeld & Rubin LLP partner Michael A. Zuk participated in the “All L.A. Conference” which was held on February 3, 2011. The conference was presented by the Department of Emergency Medicine of the Los Angeles County / USC Medical Center and the Keck School of Medicine. Over 150 emergency room physicians, residents and attending physicians participated in the conference. Mr. Zuk lectured to the physicians on the importance of adequate chart documentation and conducted a Mock Deposition based on an actual case of failure to diagnosis a condition which led to the untimely death of a 39 year old mother of three children.