Scott J. Dickinson, Esq.

• Claim against nursing home for neglect of care and supervision resulting in alleged injuries from falling out of bed causing significant injuries to the hip and back. Surgery was recommended but due to the age of the plaintiff surgical intervention was not done.
• Claim against assisted living facility for neglect and bed sores around the hips and tailbone areas. Claimant was in her eighties.
• Claim by elderly man against nursing home for lack of medical care, neglect and deficient in the reporting of plaintiff’s condition in chart notes.
• Claims for elder abuse, negligence against skilled nursing facility along with wrongful death. The contention issues included whether or not the patient/decedent was abused/neglected by the nursing staff in violation of elder abuse and dependent adult civil protection acts; whether the nursing facility was negligent in the care and treatment, and if so, was the negligence the proximate cause of the claimed injuries and whether the nursing facility’s actions caused the death of the decedent.
• 30 year old female claims she was not mentally stable when she was admitted into nursing facility. She claims the facility was negligent in the supervision of the staff and in keeping poor chart notes. Plaintiff claims she was sexually molested by male attendants on numerous occasions. Plaintiff was unable to identify the perpetrator but narrowed it down to two males, both of which denied the allegations.

• Numerous cases as against elder care facilities for statutory violations and negligence resulting in bodily injuries.

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• Slip and fall with serious injuries requiring surgeries. the problem is whether or not the injury producing event was a dangerous condition.
  
• Slip and fall on public entity sidewalk with significant knee injuries. The City raised defenses of Notice, trivial defect and comparative negligence.
  
• Pedestrian v MVA soft tissue injury with knee surgery recommendation
• Huge impact with 18 wheeler. Serious PTSD injuries, rersulting in continuous counseling and treatment.
• Sexual abuse of a minor with no coverage and limited assets of the defendant.

• Severe leg injury requiring 3 surgeries with significant scarring and deformity from a slip and fall.
• Multi-vehicle accident rendered Plaintiff a paraplegic. Defense claimed defenses of failure to seatbelt along with negligently entering a vehicle knowing the driver was drunk and under the influence of drugs. Medical bill approx. 1 million with life care plan estimate of 10-15 million.
• Slip and fall in store parking lot with "dangerous conditions" being the contested issue.
• Settled claims brought by a minor for sexual abuse, sexual discrimination and sexual assault against a governmental employee and the employer. Issues of employment status vs. independent contractor status as well as causation issues were presented.
• Forklift accident – Plaintiff alleged employer failed to train any supervisor employees in the use and operation of a forklift resulting in Plaintiff (employee) to sustain severe hand injuries.
• Passenger in food truck without seatbelt sustained serious neck/back injuries resulting in multiple surgeries – workers compensation involved with $200K in benefits paid. Big issue of employee negligence and Plaintiff’s comparative negligence.
• Trip and fall – 65 year old male, workers comp case and third party case – hip fracture with 60,000 past med, future surgery needed to correct first surgery complication.
• Plaintiff motorcyclist accused of lane splitting while driving a “crotch rocket” impacted a vehicle making lane change in HOV lane – liability dispute
  - Soft tissue injury to wrist and leg.
  - $25,000 “Howell Bills”
  - 2 Weeks lost earnings.
  
• Slip and fall – liability dispute – 40 year old female. $25,000 medical bills. Good recovery.
• First party claim against carrier for S/T injury with 4 epidural injections: 68K in meds with continued complaints and surgery recommended = the remaining issue was causation considering the pre-existing pathology in the low back.
• Plaintiff motorcyclist accused of lane splitting while driving a “crotch rocket” impacted a vehicle making lane change into HOV lane – liability dispute. Soft tissue injury to wrist and leg.
• Middle aged male claimed soft tissue and cervical spine disk replacement from a rear-end accident. The surgery was successful with 100% recovery. Medical bills (Howell) were minimal.
• Middle aged female claims continued low back pain that won’t go away after motor vehicle accident. Treatment included physical therapy, chiropractic, three epidural injections, facet joint injections and radio frequency ablation. Medical bills waived.
• Elderly woman claims she needs hip replacement and knee surgery after slip-and-fall in grocery store. “Notice” was the issue. Summary Judgment Motion was pending at time of mediation.
• Young adult female claims lung and bronchial infection due to long term mold exposure in apartment dwelling. Plaintiff was taking medications for asthma prior to mold exposure but claims it got worse after moving into mold infested apartment.
• Middle aged male claims permanent nerve damage with “Parkinsons” type symptoms after electrical shock in warehouse. Doctors for both sides testified there is no cure.
• Neurological (palsy), ankle fractures. Bicycle v. motor vehicle accident requiring several surgeries to the leg and ankle along with diffuse brain injury with peroneal nerve palsy, with permanent limp.
• Slip and fall: Old roof causing water to drip on restaurant floor. Plaintiff suffered knee and shoulder injuries. There were surgeries to the shoulder and knee.
• Burn/Scarring: Auto v. Auto resulting in severe burns and scars to left hand and leg.
• Big rig 18 wheeler makes left turn in front of motorcyclist. Injuries included fractures to the femur resulting in internal fixation with metal rods and screws; shoulder meniscus tear resulting in arthroscopic surgery. Plaintiff hospitalized for 1 week, out of work for 1 year.
• Scar case/Face Lacerations: bike v. auto. 2 – 5 inch scars on both forearms on male 30 year old. Facial lacerations, possible 20% comparative.
• This was a longstanding claim for work related injuries to the knee (surgery) and back (2 surgeries) with a lien. Disputes in liability and causation – lienholder reduced lien.
• Mold exposure and sewer backflow into apartment dwelling. Plaintiff exposed to this condition for 18 months resulting in chronic sinusitis, allergic rhinitis, sore throat and asthma. Mold types included: 1) aspergillius; 2) penicillium; 3) chaetomium; 4) tricoderma.
• Severe lower back herniated disk case: Admitted to liability but denied causation for any injury as a result of the accident. Four years preceding the accident, the 33 year old plaintiff treated with physical therapists, pain management centers, MRI facilities, neurologists, and other health care providers. Surgery was conducted post-accident to the neck and low back. The defense contended that plaintiff was a surgical candidate prior to the accident.
• Numerous wrongful death cases resulting from auto cases, trip and fall, electrocution, drowning, boat accidents and sexual assault.

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• Settled a case involving a MVA TBI with cognitive deficit and memory loss.
• Big Impact with mild TBI along with ortho injuries.
• Sexual abuse claims by middle aged plaintiff for events that took place 40 years earliar. Defendant denies such claims and asserts that other than plaintiff's self serving version there are no other corroborating facts.
• Slip and fall on sidewalk with facial injury. Trivial defect on sidewalk elevation is the main defense being asserted, minimal economic loss
• Slip in fall on a dance floor. Claims for significant foot and ankle injuries and long lasting residuals and surgery. Defense claims no notice of dangerous condition and comparative negligence

• Slip n fall in apartment shower TBI claim with associated soft tissue injuries, disputed liability with causation on the TBI claim
• Sexual abuse and claims of sexual transmission of SDT. liability dispute
• 40 year old male claimed traumatic brain injury (TBI) resulting from MVA. Orthopedic injuries and internal organ injuries were reported as severe resulting in surgical intervention in the cervical spine. Orthopedists, neurologists and neuropsychologists testified. Medical bills were in high six figure range. Issue on the neurological aspect was extent of neurological deficit, if any.
• Teenage female claimed traumatic head injury and orthopedic lower extremity injuries from a fall off a balcony. Disputed liability as comparative negligence is major issue. Alcohol was also involved.
• Middle age female plaintiff was claiming a loss of smell and taste. Her head hit the ground in response to avoid getting struck by a motorcycle while standing on a corner waiting to cross the street. No loss of consciousness and hospital did not feel a CT of the head was warranted on the day of accident. A subsequent CT of head showed negative results. Plaintiff’s doctor suggested a residual compromise to the brain stem occurred which compromised the loss of taste and smell. Doctor couldn’t confirm or disaffirm a brain injury related to the accident.
• Motorcycle causing serious internal injury. Big issue here was one of “causation”. 45 year old male riding a “crotch rocket” when defendant’s tractor-trailer rig fishtails and jack knifes in front of plaintiff causing plaintiff to collide with the big rig. Other motorists were able to see the truck go out of control to avoid a collision and because plaintiff tried to accelerate to speed by the truck, he miscalculated and ended up impacting the truck causing his demise. Injuries include head trauma, foot, ankle and shoulder injuries (both requiring surgery) with post-traumatic stress syndrome and memory issues.

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• Successfully mediated case involving slew of alleged bad acts by employer leading to claims for breach of contract, wrongful classification of employment, FEHA violations for sexual harrassment, and fraud.
• Misclassification claims along with claims for overtime and attorney fees for labor code violations
• Misclassification case and wage hour claims. Plaintiff claims she was singled out and misclassified as an exempt EE rather than non-exempt along with retaliation when she complained to management
• FEHA claims of hostile environment due to racists comments by supervisor
• Wrongful termination and sexual harassment claims, FEHA claims

• Claims of age discrimination and wrongful termination, failure to accommodate for disability
• FEHA claims of hostile environment due to racists comments by supervisor
• Employment case – Plaintiff terminated without benefit of reasonable accommodation consideration or an “interactive process” to explore reasonable accommodation after Plaintiff requested a 30 day medical leave.
• Employment law – wage and hour claim – Plaintiff claimed employer did not pay overtime and failed to provide breaks for lunch. Plaintiff claims employer wrongly classified employment as exempt vs. nonexempt.
• Wage/hour dispute: Dispute between doctor and health care provider over amount of wages owed. Cross-Complaint against plaintiff for failure to provide services.
• Wrongful termination: Plaintiff claimed gender based discrimination was substantial reason for her termination along with violation of whistle blower statute.
• Sexual harassment/constructive termination: 30 year old employee of large company claims sexual harassment with sexually implicit comments by employer creating hostile environment. Plaintiff claims she was forced to quit her job due to hostile work environment. Defendant claims Plaintiff was insubordinate and had poor attendance.
• 55 year old male brought claims for disability discrimination under Gov. Code along with constructive termination and wrongful denial of sick leave/differential pay benefits. Defendant’s Motion for Summary Judgment was denied. Defendant claimed Plaintiff exhausted the extended sick leave and that a second disability claim was properly denied per Education Code §444977 (the subsequent claim was essentially a combination of the prior claim of 4 years earlier). Plaintiff placed in a 39-month reemployment list per Education Code. Plaintiff claims damages include extended sick pay/overtime pay and additional long term disability benefits, lost income, and attorney fees.
• 39 year old female claimed sexual abuse and harassment by co-worker on numerous occasions. Plaintiff also claims constructive termination due to hostile environment. Superiors claimed no knowledge and event was only a single occurrence and co-worker was immediately terminated upon being notified.
• 19 year old female claims sexual harassment when supervisor had plaintiff sit on photocopy machine and photocopies were taken. Supervisor claims no damages as plaintiff consented and the event was considered a “joke.”
• 35 year old female claims constructive termination, sexual battery, sexual harassment when employer/supervisor “tricked” plaintiff into sexual relations after work in the office and plaintiff contracted an STD and was forced to quit her job.
• Two female plaintiffs (mid 40s) claim sexual harassment with fellow employee making sexual remarks and innuendos about plaintiffs’ physical appearance. Both plaintiffs quit their jobs based on hostile environment. Defendants claim both plaintiffs played along and were not damaged.
• Dispute between doctor and health care provider over amount of wages owed. Cross-Complaint for breach of contract of Hospital against plaintiff for failure to provide services.
• Plaintiff claims gender based discrimination which was a substantial reason for the termination of her employment. Additionally, Plaintiff claimed violation of Civil Code Section 1102.5 (Whistleblower Statute)
• 34 year old employee of large corporation claims she was sexually harassed with sexually implicit comments by male employer creating hostile working environment. Plaintiff claimed she was forced to quit her job due to the hostile work environment. The defendant claimed plaintiff was insubordinate and had poor attendance.
• Numerous cases involving co-employees/owners of businesses claimed to be victims of unconsented “touching” of “private parts” while on the job. Defenses of “consent” or “trivial” touching were often the defenses.

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• Inverse condemnation water damage v. Municipality: Claims for damages against Municipality for water main leak causing water to enter the home of the Plaintiff damaging floors, furniture, appliances and exterior damages to stucco, roofing and windows. Claim was coupled with bad faith allegations for delay in carrier’s assessment of the damages and underestimating “low balling” the property damages. Damages claimed included personal property, repair of the house, living expenses, emotional distress (bad faith) and attorney’s fees.
• Plaintiff college student was injured while playing intramural basketball in college gymnasium. Plaintiff claimed the basketball court bleachers were constructed too close to the basketball court. Plaintiff was injured while attempting to block an opponent’s shot and landed on the bleachers.
• Plaintiff’s condominium caught fire as a result of defective wiring in the walls of building. Plaintiff sustained significant property damage to personal items.
• Numerous cases involved “falling” on landowner’s premises.
• Numerous slip and fall cases against grocery store chains.

• Bad faith claim for exposing insured to 2 years of failing to pay a verdict against the inured exposing the insured to potential exposure
• Disputed liability UIM with the issue of what amount is remaining on the UIM policy
• Bad faith matter against carrier for failure to pay policy limits with a jury verdict at excess the policy limits
• Plaintiff claims of carrier's failure to properly evaluate the property damage claim after fire and water damage resulted in plaintiff having to pay out of pocket for the restoration and remediation of the damages to the home.
• First party bad faith claim for carrier’s denial of property damage claim to real property. Conflicting statements under oath. Carrier investigation suggests arson.

• Homeowner had policy of insurance with “renter” exclusion – carrier denied coverage. Fire destroyed the home. Insured claims carrier wrongfully denied coverage based on ambiguity of exclusion coverage. Broker denied liability as all they did was provide a policy and it was the carrier who denied coverage, not the broker.
• Insured claims bad faith against carrier for cancelling the auto policy just prior to the MVA – carrier claims insured let the policy lapse due to non-payment of premium. So insured sues broker as well for not telling insured the cancellation notice went out. Insured was sent cancellation notice timely, but insured failed to pay the premium.
• Dispute between insured and auto-insurance carrier for bad-faith denial of coverage benefits after insured’s vehicle was struck by rolling object on freeway.

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• Ferrari was sideswiped in parking lot. Property loss; loss of use claim for 58 days, and diminution of value.
• Numerous cases involving exotic cars damaged in auto accident with Plaintiff out of possession of the vehicle for extended periods of time while repairs were conducted.
• Numerous cases involving high-end exotic cars where the issues included diminished value, loss of use, property damage and extended time delays due to the auto parts being delivered outside the United States.

• Habitability claims against Landlord due to rats and cockroaches.
• HOA dispute over hanging tree branches encroaching on HOA property.
• Bed bugs found in apartment dwelling case resulting in rash and itching for 6 months.
• Mold claims in a house rental with physical injury due to mold exposure
• 35 year old female – claiming mold exposure in 100 year old home. Various physical symptoms and medical bills.

• Successfully mediated case involving several alleged bad acts by employer leading to claims for breach of contract, wrongful classification of employment, FEHA violations for sexual harrassment, and fraud.