Wayne J. Boehle, Esq.

• The tenants were in the house on a one-year lease. The lease ran from 10-2015 to 10-2016. Plaintiffs were unable to pay their rent and received a 3-day notice to quit and eventually an Unlawful Detainer action was filed. The tenants did not respond to the UD action. Plaintiffs filed an action for nuisance negligence and breach of the warranty of habitability. They raised numerous issues with respect to the property including insect infestation and numerous claims of failure to maintain the property.
• Mediated a six-figure dispute between a hotel and a customer of that hotel who contracted Legionnaires Disease while on vacation.

• Plaintiff entered into a construction contract to take over a job at a gym. The contract required that all change orders had to be signed off by the gym owner. The general contractor was in a rush to get the job done, and most, if not all, of the change orders were verbally approved. There were seventeen change orders in all. The Plaintiff gym owner contended that the change orders did not reflect any work that wasn't already included in the contract. The owner also withheld some of the original contract price from the general contractor. The case settled.

• Handled over 50 cases involving employment issues, including but not limited to: wrongful termination, breach of contract, whistleblowing, and dissolution of corporate assets.
• Mediated several cases involving employment evaluation and wrongful termination issues.

• In a post-fire subrogation matter, the insurer sued a dishwasher manufacturer whose relatively new product allegedly started a fire in a home. The manufacturer argued that the home owner actually caused the fire and that the insurer overpaid for the damage caused by the fire. Successfully settled at a price both sides could accept.
• A home in Marina Del Rey was flooded when a water heater located on the roof exploded, causing damage to all three floors of the home. The property damage was estimated at nearly a million dollars, and Plaintiff had to pay hundreds of thousands of dollars out of pocket to complete renovatins. Defense claimed that Plaintiff improved his home beyond what existed on the night of the flood. There was also an issue with respect to the ALE (additional living expenses) which caused Plaintiff to seek damages for Breach of the Covenant of Good Faith and Fair Dealing. The case settled.
• Insurance bad faith on a business interruption insurance policy. The claim happened following the mudslide that occurring in the Santa Barbara area on January 9, 2018. Plaintiff’s business was blocked off from employees being able to get to due to road closures. The business was not in the closure area, but the veterinarian’s four members of her staff were. They were prevented from going to work.

• Habitability, negligence, and constructive eviction case. Issues of harassment from a co-tenant not dealt with properly were also raised.
• Handled a pre-litigation case involving a landlord/tenant dispute. Plaintiff Tenant contended Fair Employment and Housing Act (FEHA) violations, along with seeking damages for emotional distress. Plaintiff also contended discrimination due to familial status violations. Defendant Landlord denied all allegations. The case also involved alleged violations of the Fair Credit Reporting Act (FCRA). The case settled.

• Liability was admitted in an auto versus pedestrian accident with six-figure lined medical bills. Settled via mediator's proposal.
• Plaintiff during COVID was shopping at supermarket when she was approached by an employee about shoplifting. She took offense and asked to speak with the manager. She was loud and disruptive and the manager asked the security guard to remove her from the market. The guard grabbed her purse and took it outside. She followed him and she got more belligerent. A scuffle ensued and the guard pepper sprayed her. She called the police, who had a difficult time sorting out what occurred, though a witness ultimately stated that Plaintiff started the altercation. A citizen's arrest was made and Plaintiff was taken away. She claims she was wrongfully accused, lost her COVID housing, and that her life was turned upside down, and sought damages.
• In auto versus auto accident, Defendant hit the left side of Plaintiff's car when changing lanes from the car pool lane to lane number one. Plaintiff did not seek treatment until three weeks following the accident, but had no similar priors in his medical records, resulting in a mixed evaluation of the case.
• Settled multi-car and truck freeway accident where the plaintiff's vehicle was the second car hit by defendant's truck. Plaintiff's car was totaled and both the driver and passenger sustained injuries. Mid-to-high 5-figure medical bills for the driver and the passenger. Surgery for the driver was recommended but not performed, and the passenger had wrist surgery. Defendants claimed no causation and attorney driven medicals, supported by a defense medical report. Settled via mediator's proposal despite a wide gulf between party positions.
• Admitted liability car accident in an intersection. Plaintiff incurred low-to-mid six figures in medical bills, all on liens. Plaintiff had 2 surgeries and 3 epidurals as a result of the accident, but also has a child with special needs, who she has difficulty taking care of because of her injuries. Settled following mediation after giving defendant time to put together final offer.

• Auto versus truck accident that occurred when a large truck made a wide right turn while being partly in lane 2. Plaintiffs car driver and passenger were seriously injured. Defendant truck driver claimed he was driving safely and properly signaling when Plaintiff driver tried to beat the truck into the other lane. Plaintiffs both had significant blood alcohol levels when they arrived at the hospital. The Howell numbers were six figures for both Plaintiff driver and passenger. Case settled post-mediation following successful mediator's proposal.
• Slip and fall in a bathroom at a large nightclub. Plaintiff was a frequent visitor to this club and testified that there always were problems in the bathroom. Two of the urinals were covered in black bags and Plaintiff used urinal number 3 out of 6 that were there. Plaintiff turned, took two steps and slipped on water or a combination of water and urine. The bathroom was supposed to have a person in the washroom but no one was there. Plaintiff did not contact the manager after the accident. No report was filed which is normal when an accident is reported. He fell on both knees and incurred medical bills with no surgeries, though he received opinions that he would require surgery later in life. Defense claimed no notice, no dangerous condition, and substantial comparative. After significant back and forth, including post-mediation follow up, the case was successfully settled.
• Auto vs auto resulting in the defendant paying policy limits with plaintiff filing a UIM claim. A mediators proposal was served on the parties.
• Plaintiff claimed he was injured while at his dentist's office. While in the examination chair, a nurse pulled a lamp from the ceiling, which hit Plaintiff's knee. Plaintiff underwent subsequent surgery on his knee and incurred significant liened medical expenses, all of which he claimed stemmed from the contact with the lamp. Defendant contended that the injury which resulted in knee surgery could not have been caused by the lamp hitting Plaintiff's kneeand that the actual reasonable medical expenses for this accident were far lower.
• Claims arising from a slip and fall at a bank when a customer fell on wet flooring while entering the bank while it was raining outside. Plaintiff had shoulder surgery and substantial resulting medical expenses. Settled following mediation.
• Claims arising from a very serious rear end collision, which totaled the plaintiff's vehicle. Plaintiff's neck and back injuries led to multiple back injections and a recommendation for future back surgery. At mediation, held almost three years following the accident, the defense claimed that the accident was not the cause of plaintiff's back treatment.
• Dispute arose from a vehicle-pedestrian hit and run in an unmarked crosswalk, which caused substantial injuries to the pedestrian, including claimed TBI. The driver, who had been drinking, subsequently turned himself into the police, though no charges were filed. Following submission of evidence supporting the TBI, along with a timely mediator's proposal, the matter settled.
• In a trip and fall case involving a pothole, multiple surgeries with significant liens, and allegations of contributory negligence and that it was a "trivial defect," mediation resolved the case despite demands for payment within a very short timetable.
• 18 wheeler vs auto on the 210-605 interchange. The vehicles collided on the 210 Eastbound. Plaintiff was 69 at the time of the accident and passenger was 59. Both were retired so no loss of earnings claims. Both sought similar medical treatment. Defendant had no prior medical reports or entries to go along with the claim of aggravation of a pre- existing injury.
  
• Plaintiff was visiting the grave of her son when she got a phone call. She walked 30-35 feet and fell while stepping on the gravesite of someone who had been deceased for 33 years. She hurt both shoulders and had surgery on both after conservative therapy was completed. She was 62 at the time. She was a nurses aid and never returned to work. The defense claimed an Act of God caused the accident.
  
• A scooter hit a pothole that should have been fixed by one or both of the Municipalities named as defendants. Plaintiff sustained injuries to her back and knee.
  
• Pl an IC fell from a scaffold which was negligently installed by the hiring contractor. Defendant's admitted liability. Pl sustained a compression fracture at T-1. He also had additional injuries, including disc herniations, a left hip degloving , and resultant psychological issues. Pl. was forced to move out of his home of 12 years and move in with his adult daughter.
• This is a slip and fall that Plaintiff, a 72 year old male sustained while exiting an airplane. He had experienced two delays which necessitated he and his wife spending the night at a hotel. The next day mechanical difficulties caused another delay. They had to get off the plane a s the delay resulted in them missing their connecting flight. He fell while exiting and broke his hip. He was taken toCedars Hospital for the surgery. He had 4- weeks of PT. He developed knee pain which he dealt with conservatively. He is scheduled for knee replacement surgery in the next 2-3 months. Defense argues that Plaintiff was not injured where he claims, and if so, he was 50% comparatively negligent.
• Slip and fall by an unregistered tenant (the tenant's mother) on a 5 step staircase that had no railings in violation of multiple BC sections. The property manager was served as a defendant. His position was that he advised the out of the area owners that the tenant was a 78 year old woman instead of the signer of the contract (her son). Plaintiff had a multitude of related back problems but this accident was the straw that broke the camels back.
• Plaintiff is a 55 year old undocumented stucco laborer who was electrocuted (1600 volts) when a piece of flashing came into contact with a live wire. 14 months earlier the Edison company noticed the construction and put the general contractor and the owner on notice about the construction being too close to the live wire. No further inspections by Edison were made and the general and owner did nothing to correct the problem. After the accident, Edison went to the job site and moved the wire. Plaintiff's injuries included multiple burns, a subdural hematoma, multiple facial injuries, and multiple psychological issues.
• Plaintiff slipped and fell while walking back to his apartment from the carport. The walkway was raised 5/6 of an inch. The defendant owner of the apartment house (100) units. Plaintiff weighed 318 lbs. and had 4 prior back surgeries, and 2 prior facet injections. His claim was that his whole life was ruined and that he is in pain 24 hours a day.
• This was a rear end collision that occurred on PCH near Temescal. The impact was at 65-80 mph. Defendant fled the accident scene and hasn't been found yet. He was served by plication and was in a rental car.
• Slip and fall on a platform of the LACMTA. Pl. contends that there was vomit on the platform that she slipped on after exiting the train.
• This was a slip and fall that occurred at the intersection of Highland and Sunset Blvd. Plaintiff was in a crosswalk and tripped on a depression that had to have existed for a long time due to the condition of the depression. Plaintiff incurred medical bills for neck, left knee, and back issues. Plaintiff had 3 injections to relieve her pain. Two back epidurals and an injection to the knee.
• A personal injury case arising out of an accident when a vehicle ran over the Plaintiff's left foot after dropping off his passenger. The injury developed into a claim of CRPS which has no cure.
• Pl. while leaving a cannabis store had a heavy iron gate fall on her. She had multiple injuries with the most serious being a 6" laceration tohte back of her right leg. It was sutured, but she developed cellulitis and had knee and back injuries as well.
• Auto vs auto with deployed airbags in Pl.t's vechile. Pl suffered neck and back injuries and later developed Carpal Tunnel Syndrome.
• This was a wrongful death case where defendant ran his motorcycle into a concrete slab located at the intersection of Atlantic Blvd. and Bandini Ave. The work being performed was an expansion of the 710 freeway. Defendant was 32 years old at the time of the accident. He was married for 10 years, had three natural children and three step children that he was in the process of adopting. The defense claimed that defendant caused the accident by speeding, not having a M/C license, driving over the construction work zone numerous times prior to the accident while on his way to work, having a BAC of .033, and not having good eyesight in that the dangerous condition was open and obvious.
• Plaintiff was injured twice while backing out of his driveway. Plaintiff alleged that a wall built by his neighbor prevented him from seeing down the sidewalk, and when a pedestrian banged on his car while backing out of the driveway, he jerked his head and subsequently injured his back and neck. He had fourteen epidurals and both a fusion and disc replacement were recommended. His medical bills were over six figures. Plaintiff had two cases: one against his neighbor and one against the City for failing to get the wall taken down after it had been brought to their attention with prior emails. Both cases settled.
• A security guard fired a warning shot at a transsexual woman who was taping footage of a synagogue/school for what she claimed was for its architectural beauty. Plaintiff, the woman, was dressed in all black with a black backpack and a large camera. The entire confrontation was filmed. Plaintiff refused to answer questions asked by the guard and the school was subsequently put on lockdown and 911 was called on several occasions. The guard stated that he was afraid that there was an explosive in the backpack, and he fired a warning shot which hit the ground and then hit Plaintiff in the left thigh. Paramedics came and treated the wound. Plaintiff claims she suffered Post Traumatic Stress Disorder (PTSD) along with anxiety and depression as a result. The case settled for six figures with a confidentiality agreement.
• Handled a Traumatic Brain Injury (TBI) case that occurred at a large apartment complex when it held a Halloween party for its tenants. One of the tenants had too much to drink and after the party closed, he invited friends to his apartment to continue partying. He decided to wait in the hallway to his apartment and sat on the guardrail which was 36 inches high. While waiting for his guests, he fell over the guardrail and hit one of his guests, causing serious injuries. Defendant's blood alcohol reading when tested at the hospital was .327. Plaintiff contended that the guardrail was built in violation of both the building code and industrial safety orders. His fall was approximately 12 to 15 feet. Plaintiff's injuries included a left parietal hematoma, frontal lobe fracture, broken clavicle and traumatic amnesia. Defendant claimed that plaintiff made a good recovery after one year of recovery, and they also argued that the owners of the building were not at fault. The case settled for millions of dollars.
• Handled rear-end accident which occurred on the freeway. Plaintiffs, husband and wife, sustained multiple soft tissue injuries, some broken ribs, and a subdural hematoma which resolved in three weeks, in addition to PTSD. This was an uninsured motorist (UIM) claim as the defendant driver only had minimum coverage limits. The case settled for six figures.
• This was a slip and fall personal injury case that occurred at a residence. Plaintiff, a large woman weighing over 300 pounds, tripped over a three-inch concrete walkway separation. She fractured her patella and had to have a second surgery, with a possible knee replacement in the future. The case settled for six figures.
• Auto vs. Pedestrian personal injury case. Plaintiff, the 70-year-old mother of the driver, was in the back seat of her daughter’s car. The daughter had pulled into their driveway, which is on a slope, and got out of the car and entered the home. Plaintiff exited the vehicle and the car began to move. She fell to the ground and the car ran over her left side. She suffered multiple fractures requiring surgery and spent six months in a rehab facility. She has residual pain that the Defense IME doctor said will remain with her for the rest of her life.
• Wrongful death of a 34-year-old motorcycle driver that occurred on the interchange of the 90 freeway transitioning to the 405 North. Decedent was traveling at 55-65 miles per hour when he lost control of the motorcycle and entered a 120 degree turn. The motorcycle hit a curb, and decedent was ejected into a light pole. He died instantly. Decedent was a single man who lived with his mother and brother. He was a video game developer. Case settled for seven figures.
• Handled a Slip and Fall case that occurred at a community college in Los Angeles. Upon entering an elevator in the school parking lot, Plaintiff slipped on urine that was left there by a person who entered the elevator two hours before. She fell and incurred injuries. There was security footage of the urinating person and the Plaintiff’s fall, occuring two hours apart. Plaintiff claimed medical bills and lost earnings. Defendant claimed that no dangerous condition was created, and that Defendant had no prior knowledge of the condition.
• Plaintiff fell while leaving a car dealer"s establishment. She fractured her 5th metatarsal and also had an avulsion fracture of the fibula on the left leg.
• Mediated a wrongful death case involving an 18-month old baby who suffocated while wearing an amber beaded teething necklace, which he had been wearing daily since he was 8 months old. The baby’s mother dropped him off at a day care center. When a center employee noticed that the baby was not breathing, she called the day care owner first rather than 911. A few minutes later, 911 was called and the baby was taken to the hospital, where he survived 5 days on life support before passing away. The day care center was found to be criminally at fault and lost their license to operate. However, the day care center had a minimal policy limit. Plaintiffs further sued the necklace’s online manufacturer. The case resulted in a multimillion dollar settlement.
• Auto vs auto car crash case. A police car at 1:00 in the morning was code 3 heading to help another officer. The police car made a wide right turn traveling at 60 mph from Hollywood Way onto Verdugo Road. Because the police car failed to slow down due to the time of day, the police car ran head into the plaintiff’s vehicle which was stopped or stopping in the left turn lane of Verdugo. Both vehicles were totaled, and all airbags were deployed. Plaintiff sustained multiple injuries mostly soft tissue and some PTSD issues.
• Trip and fall in an office building with substantial injuries and residuals. Plaintiff had four surgeries and developed a deep vein thrombosis that resolved with the placement of a filter. The filter lodged in her leg and could not be removed. There were multiple cross-complaints for express and implied indemnity that were resolved as well.
• Dog bite case occurring at the City of San Bernardino Animal Shelter. Both Plaintiffs were looking at a dog when the attack took place.

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• Settled two product liability cases against a blender manufacturer. Cases involved burns which occurred when using the blender. The defense claimed the accidents were a result of product misuse and failure to heed the manufacturer warnings.
• Mediated a matter involving claims that a kitchen appliance led to plaintiff sustaining a hand injury with lacerated right fourth and fifth digits, requiring surgery.

• A seemingly standard sale of commercial property turned contentious when structural issues were discovered shortly after excrow opened. The buyer demanded a reduction in the sales price and the seller refused and claimed entitlement to the buyer's deposit when escrow did not close. The buyer still wanted the property, but at a substantially reduced price. Despite much back and forth, at the conclusion of mediation, the sale was back on track with renegotiated terms and a price both sides could accept.
• Settled a case involving the fraudulent concealment of defects in a high-end piece of realty, where there was a failure to disclose the fact that a neighbor’s upcoming construction would block the view from the property, as well as other collateral issues.

• Handled over 40 cases where sexual misconduct, harassment, or battery were claimed.
• Handle sexual assault case where a dentist allegedly sexually assaulted a patient after giving her an anesthetic.
• Settled a 40 year old case where a former student accused a priest of sexually assaulting him, causing him to use drugs and alcohol as a result of the molestation.
• Handled a case where a student sued a school counselor for alleged misconduct including improper sexual touching.