Robert P. Hamilton, Esq.

• Personal injury case wherein Plaintiff and his 92-year-old mother were entering a retail store when an automatic sliding door struck the mother, who was ambulating with the use of a walker. Mom was knocked to the ground, suffered a broken shoulder, and was hospitalized. Mom was then transferred to a nursing home where she spent 2 months before dying of a heart attack. Various claims including negligence, wrongful death and survival damages (by the estate ) were asserted. There were 2 defendants, the retailer and the company servicing the doors, each claiming that any door malfunction was the responsibility of the other. Both defendants disputed allegations the death was related to the fall.
• Trip and fall at a self-storage facility. Plaintiff alleged uneven surface, code violations resulted in broken foot requiring surgery. Plaintiff further alleged ongoing and likely permanent problems with ambulation. Defense disputed liability and contested the nature and extent of Plaintiff’s damage claims, including the need for future care.
• Trip and fall at hotel. Plaintiff, age 78 alleged she fell and fractured her hip due to non code compliant ramp in parking lot. Claimed damages included home health care and alternative transportation expenses. Defense argued ramp was code compliant, Plaintiff was inattentive and damages were overstated.
• Personal injury case arising from plaintiff’s fall while using an industrial lift. Plaintiff suffered fractured femur, torn ACL, torn meniscus, past and future surgeries along with past and future loss of earnings. Defense argued plaintiff was inattentive and lost earnings were overstated.
• Wrongful death and elder abuse case arising out of alleged lack of adequate supervision at nursing home. Plaintiff claimed failure to supervise decedent during lunch, allowing decedent to choke on food. Defense claimed supervision adequate given decedent’s known past medical history.

• Wrongful death claim occurring at a Casino. Plaintiffs alleged decedent became disoriented, dehydrated, and exhibited erratic behavior which should have been evident to Casino security and staff. Plaintiffs claimed early intervention would have prevented death. Defense contended it was not clear defendant was in distress and did not have responsibility to monitor medical conditions of customers.

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• Elder abuse case where Defendant provided 24-hour home care to 97-year-old woman. A fall occurred in the home and a concussion and fractured femur were sustained. Hospitalization followed, the medical condition deteriorated and the woman died approximately 1 month later. Service agreement with the defendant specified constant attention was necessary as decedent was known fall risk. Defendant’s Caregiver left decedent’s side for a number of minutes prior to the fall and upon return found decedent on the floor. Suit was filed by Decedents’ estate and heirs. Causes of action included elder abuse, negligence breach of contract and wrongful death. Defendant argued there was no breach of the standard of care and decedents medical condition was so comprised that she would have died within a few months in any event.
• Medical malpractice case where Plaintiff had her gall bladder removal by defendant. The bile duct was clipped during the procedure and plaintiff developed sepsis. Plaintiff underwent 5 subsequent repair surgeries and was left with permanent stomach scars, fatigue and weakness. Plaintiff could no longer perform routine household duties or participate in activities with her husband. Defendant argued plaintiff’s injuries were a risk of the procedure and damages not as extensive as alleged by plaintiff.
• Wrongful death case involving a four-year-old boy. Allegations of failure to appropriately monitor and treat while under conscious sedation. Defense contended standard of care was followed and death not related to treatment.
• Wrongful death of 68-year-old man arising out of wisdom tooth extraction. Plaintiff suffered anoxic brain injury and cardiac arrest. Also alleged 16-minute delay in calling 911. Defense argued no medical causation, treatment was appropriate.
• Medical malpractice claim arising from alleged failure to diagnose cancer on pathology report. Plaintiff, age 52, alleged cancer was treatable if timely diagnosed but now fatal within the next 2 to 3 years. Significant past and future loss of earnings alleged. Defense contended no causation and that plaintiff would not have a different outcome even if diagnosed earlier.

• Arizona case arising from root canal overfill wherein it was alleged calcium hydroxide extruded through the canal and into the inferior alveolar nerve, causing permanent pain. Plaintiff also claimed lifetime of prescription pain medications. Defendant argued no breach of the standard of care and contested nature and extent of damages.
• 40-year-old male alleged severe dysesthesia (pain) (10 out of 10) following wisdom tooth extraction injuring both the lingual and inferior alveolar nerves. Plaintiff alleged injuries were permanent requiring a lifetime of prescription pain medications which was only slightly effective. Plaintiff claimed he could no longer work as a result of the pain and alleged loss of income, accordingly. Multiple defendants contested liability and extent of damage claims.

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• Breach of construction contract. Defendant contracted with Plaintiff to build/remodel home in the mid seven figures. Various delays occurred and approximately 1 year after the contract was signed construction still had not begun. Defendant terminated the contract and plaintiff claimed defendant breached the contract and owed nearly $1mm per a liquidated damages provision. Defendant argued he was entitled to terminate the contract and incurred several million dollars in damages due plaintiff delays and increased costs for a replacement contractor.
• Multi building/unit condominium case in which Plaintiff HOA claimed $11 million cost of repair. Plaintiffs alleged significant water intrusion requiring removal and replacement of building exterior and windows. Architect was also sued, with allegations of substandard design. Defendants disputed Plaintiffs claims and argued to the extent repairs were warranted, windows and exterior could be repaired without removal. Defense cost of repair estimate was approximately $ 2 million. Architect asserted there was no violation of the standard of care.
• Construction defect claim involving 148 townhomes and 26 buildings. Defects alleged at decks, stucco and roofing. Damages exceeded $13,000,000. Defense argued excessive cost of repair by plaintiff and lack of statistical basis for claims.
• Construction defect case involving 19 single family homes. Plaintiffs claimed defective concrete slabs requiring removal and replacement of stucco and drywall cracks. Defense argued slabs needed only minor repairs as did stucco and drywall.

• Breach of lease claim at skilled nursing facility. Plaintiff alleged damages included holdover rent, deferred maintenance, repairs and attorney fees. Defense argued no breach and Plaintiff was not entitled to claimed damages or attorney fees.