Plaintiff, age 78, suffered a traumatic brain injury when she tripped on a plate with a height differential of less than a quarter inch. Defense initially offered $450,000 and claimed it was their last and final offer. DKB dove in head first and was not only able to defeat Defendant’s Motion for Summary Judgment, but also obtain a $2,000,000.00 settlement against the public entity.
Broken Neck Leading to Wrongful Death
Obtained a $1,000,000 settlement in a wrongful death action against an
athletic facility. DKB didn’t stop there and obtained another $582,000.00
from the various manufacturers and sellers of the defective athletic
equipment that contributed to the incident.
Retaliation and Failure to Accommodate Disability
After a two-week jury trial DKB obtained this seven-figure verdict against the State of California for a Correctional Officer who sought a simple accommodation. Due to a medical condition making it difficult to close one eye, DKB’s client asked to be stationed inside the prison on the one day per week he was usually stationed outside in direct sunlight. Defendant refused to accommodate his medical condition despite a doctor’s note, arguing that as a Correctional Officer the law required him to be able to work at every post in the prison. After the client filed a complained about the refusal to accommodate, the prison staff retaliated against him by claiming the client said he “might as well kill himself.” Despite having many internal options that were ignored, the lie about being suicidal was reported to police who involuntarily incarcerated DKB’s client for 3 days in a psychiatric hospital. DKB will be seeking approximately $1,000,000 in attorney’s fees and costs on top of the jury award.
Nationwide Class Action Defective Product
DKB obtained an award in Federal Court for up to 10,000 nationwide class members. Consumers from across the country purchased a brand name softball bat which cracked prematurely due to alleged design and manufacturing defects. DKB also brought claims for breach of warranty based on the company’s refusal to refund the purchase price or give store credit. After 3 years of contested litigation, the resolution was approved by the United States District Court for the Central District of California.
Settlement for Ride Share Passenger
Our client, an unseatbelted backseat passenger in a ride share vehicle, was injured when another vehicle struck the door and launched her head into the window and door frame. At the time the case was referred to our office, the client had undergone minor surgery in the emergency room to remove glass from above her eye as well as some conservative treatment for persistent low back pain. Sensing that the client was still suffering from the lingering effects of traumatic brain damage and PTSD, we convinced the client to have a full neuropsychological evaluation to understand the full extent of her injuries before engaging in settlement negotiations. When the ride share company refused to accept liability and continued to undervalue the case, DKB pushed the litigation all the way to the first day of trial to finally obtain a fair settlement for our client’s invisible, but life-altering, injuries.
Mild Traumatic Brain Injury
DKB obtained a gross settlement of $750,000 for a 21 year old man who was thrown out of a late night party and landed on the sidewalk on his head. The client was extremely intoxicated with a BAC of .40 when he arrived at the hospital. Witnesses testified that the client started the altercation which resulted in him being tossed out on his head. The client had no memory of the altercation. The insurance company for the defendant claimed there was no insurance coverage available for the incident because the act was intentional. Nevertheless, DKB focused on the accidental nature of the client landing on his head and the resulting brain injury to obtain this extremely favorable settlement.
Rear End Accident
DKB obtained a $710,000.00 settled on behalf of Plaintiffs, ages 50, 38 and 1, who were passengers in a vehicle driving from San Bernardino to Las Vegas when the check-engine light came on. The driver of that vehicle quickly reduced the speed from 70 mph to 30 mph and attempted to merge across the highway from the fast lane to the outside shoulder. As he was doing so, the vehicle was rear-ended by a large commercial truck. The police report placed fault on both the commercial truck driver for traveling too fast/not being able to stop and the driver of Plaintiffs’ vehicle as all of the taillights were broken. One of the adult Plaintiffs had a one level lumbar fusion recommendation and the other had three injections and no surgical recommendation. The minor Plaintiff was seen by the pediatrician the next day and given a clean bill of health. The commercial truck Defendant tried to place all of the blame on the driver of Plaintiffs’ vehicle. However, DKB convinced that Defendant that a jury would place the majority of the blame on the commercial truck driver. As such, the confidential commercial truck company paid $550,000 for the surgical Plaintiff, $135,000.00 for the non-surgical Plaintiff and $5,000.00 for the minor Plaintiff.
Motor Vehicle vs. Skateboarder
Plaintiff, age 13, was riding his skateboard without a helmet in Newport Beach when he was struck by a vehicle exiting an alley. The police report was silent regarding loss of consciousness and he called his parents to pick him up before an ambulance arrived. The initial ER records were also silent regarding loss of consciousness and the CT was normal. Plaintiff suffered severe academic problems in the 12 months post-accident. The defense tried to argue that the academic problems were “because of COVID.” KB Trial Lawyers leveraged the academic problems as a way to measure the harm from the mTBI even though there were no objective signs of injury and the defense found social media posts of the Plaintiff doing vigorous activity. The case resolved for $650,000.00, which was more than double the first offer.
Bad Drug Wrongful Death
Plaintiffs’ son obtained a synthetic drug from a high school classmate, and after consuming the drug, jumped off a bridge causing immediate death. However, before doing so, Plaintiffs’ son reached out to his classmates forhelp regarding his “bad trip.” The classmates dissuaded Plaintiffs’ son from calling 9-1-1 or seeking medical attention. DKB sued the classmates and their parents on various negligence theories including interference with aid, and obtained the total amount of insurance available of $601,000.00.
Premises Liability Settlement
Plaintiff and his family were vacationing at a 5 star resort in the Caribbean. Plaintiff got up from his beach chair to adjust the seat back when the back of the chair suddenly slammed down and severed the tip of his finger. Despite the same chair at the same resort severing someone’s finger months earlier, the resort and the seller of the chair denied liability. The resort, and its owners, spent over 6 months fighting having to even appear in Los Angeles Superior Court due to the resort being an international LLC. After DKB successfully litigated that issue, the resort and the seller agreed to a joint settlement of $550,000.00.
Premises Liability Settlement
Plaintiff, a 33-year-old male, was running through a government owned parking when he tripped over a hidden and dangerous metal wire used to separate two parking lots. On the eve of trial, the government entity paid DKB’s final demand in order to avoid trial.
Slip and Fall
DKB obtained $450,000.00 for our client after her slip and fall in a bathroom. While deposing the various employees of the facility, DKB learned that one of Defendant’s employees not only created the slipping hazard but also failed to warn the client when she handed her the keys to the bathroom. The case settled 30 days before trial.
Car Accident Settlement
Plaintiff, a 45 year-old business owner, was making a left-hand turn on a green light when a tow truck that ran the red light struck Plaintiff’s vehicle directly behind the driver’s side door. Plaintiff incurred approximately $68,000 in medical bills and was recommended for spinal surgery, but did not have the operation. Defendants argued that DKB’s client’s back was so bad before the accident that he would have needed surgery regardless of the collision. After only 1 year of litigation, DKB obtained the mediated settlement.
Trip and Fall At Work
DKB obtained $450,000 for a client who was injured when she slipped on water in the bathroom of a medical facility where she was working. The fall exacerbated a prior lumbar spine injury and resulted in surgery. Despite the defense disputing everything including whether the client actually fell, DKB was able to leverage inconsistent deposition testimony from the cleaning staff to obtain this result.
In the face of three eyewitnesses testifying that the accident was caused by our client, DKB obtained $400,000.00 for our client’s broken hand. DKB was able to discredit the eyewitness testimony due to their physical location in relation to the accident such that there was no way they could have seen who caused the collision. DKB leveraged the client’s inability to work on luxury motorcycles to obtain this favorable result.
Trip and Fall Against Municipality
DKB Client, age 83, tripped and fell on a loose electrical cord while attending a singing class at a senior center. As a result of the fall, she suffered a broken hip which required 2 surgeries including a complete hip replacement and were all paid by MediCare. Despite no eyewitnesses to the incident or pictures of the cord, DKB was able to expose the municipalities complete lack of due care regarding the safety of elderly patrons at the senior center. The case settled a month before trial for $355,000.00.
Premises Liability Settlement
Plaintiff, a 20-year-old sports agent, was in Scottsdale, Arizona for spring training. After leaving the bars, Plaintiff, along with a friend, jumped into a golf cart taxi for a ride home. The driver of the taxi made an illegal left turn causing Plaintiff to be thrown from the golf cart onto the street. Plaintiff’s BAC at the time of the incident was .22. The driver of the golf cart denied making an illegal left turn and contended that Plaintiff jumped out of the golf cart on his. DKB picked apart the driver’s story and received the policy limits on both the owner’s commercial auto and the driver’s personal auto policy.
Pedestrian v. Reversing Auto
DKB was able to obtain the full policy limits for an elderly client struck in a parking lot by a slowly reversing vehicle. Defendant blamed our client and argued that she darted into the parking lot before he could appreciate her presence. DKB convinced the insurance company that this argument would not do well in front of a jury and within 7 months of the accident obtained the full amount of available insurance.
KB obtained a $250,000.00 settlement for a client who suffered severe spine injuries after being rear-ended by the Defendant. Prior to KB being retained on the case, the most the insurance company offered was $50,000.00. KB was able to expose the lies in Defendant’s story regarding how the incident occurred to force the insurance company to pay the full policy limits.
Motorcycle Accident Settlement
Plaintiff was riding his motorcycle on the freeway when Defendant abruptly changed lanes. Plaintiff, who was lane splitting, ran into the rear of Defendant’s vehicle at less than 15 mph sustaining minor damage to his motorcycle. Despite not seeking treatment for over 7 months, it was eventually determined Plaintiff suffered a torn rotator cuff which required surgery. Total past medical specials were approximately $45,000.00. DKB obtained a pre-litigation settlement of $250,000.00
DKB client received $248,000 for a workplace injury when a shelving unit
installed by a construction company tipped forward and crushed him as he
attempted to level it as requested by his employer. Despite arthroscopic
surgery to repair his shoulder and clear lower back injuries as a result of
the incident, the Defendant argued that the client was lying about the
source of his injuries. In fact, the defense even attempted to argue that
the DKB client was also lying about his military service. Nevertheless,
DKB and, more importantly, the client held strong as the Defendant settled
less than a week before trial.
Dog Attacks Child
A family of four obtained $195,000.00 in a heavily contested dog bite case. Plaintiff, age 7, and his mom, were attacked by a neighbor’s dog while playing outside their home in Santa Ana. Their daughter/sister, age 3, witnessed the attack on her brother and mother. DKB was able to obtain psychological therapy for the entire family, including the father/dad, and plastic surgery for mom’s scaring on their forearms. DKB exposed the fallacy behind defendants’ adamant claims that mom and son had provoked the attack, and mom was untruthful about how the attack occurred.
DKB obtained a gross settlement of $180,000 for a woman who was rear-ended on the freeway. As a result of the incident, the client, age 76, exacerbated a long standing knee injury. The exacerbation resulted in a total knee replacement which the defense argued was inevitable due to the client’s advanced age and pre-existing knee injury. In order to obtain this favorable settlement, DKB first obtained the driver’s complete insurance of $15,000.00 and collected the remaining $165,000 from the client’s Under-Insured Motorist policy.
Plaintiff was extremely intoxicated at a bar and was verbally assaulting the bartender. Bartender responded by grabbing a mini baseball bat and smashing Plaintiff’s finger. Medical specials totaled approximately $24,000 which included surgery. DKB leveraged the bartender’s gross misconduct for a $120,000.00 settlement.
Motorcycle v. Auto
While lane splitting on his motorcycle, our client struck the rear of Defendant’s truck while he exited the HOV lane. Despite claims that our client was speeding on his motorcycle, we obtained the full policy limits in only 5 months.
Client Likely At-Fault
DKB obtained the policy limits despite all indications that our client caused the accident. DKB used the location of the vehicles after the incident to establish enough fault for the insurance company to not want to take the case to trial.
Client was struck by uninsured motorist suffering a back injury. Client’s insurance company claimed he only had a $25,000 policy despite previously having a $100,000 policy with the same insurer for an older vehicle. After 4 months of threatening a bad faith lawsuit, DKB was able to prove he never authorized the enormous reduction of his policy. DKB not only forced the carrier to reinstate his prior policy but obtained the full policy limits for the accident.
Client received the full available policy limits when he was rear-ended in his work truck. The insurance company initially offered the client $5,000. DKB got the case and immediately filed a lawsuit. The defense paid the policy in response to DKB’s policy limits demand.
DKB obtained the policy limits after the client was rear-ended on the freeway. The defense initially offered less than half of the client’s medical bills and argued that his knee injury was pre-existing. Nevertheless, DKB pushed the case through litigation and the insurance company paid the policy limits.
Car Accident Injury Settlement
Plaintiff, an 18-year-old female, was driving on a local surface street when she was t-boned by Defendant. The police report concluded that the Plaintiff was at fault and the Defendant’s insurance company initially offered $0. DKB obtained the data recorder for Defendant’s vehicle which indicated Defendant was traveling almost twice the posted speed limit at the time of impact. Defendant’s insurance company paid the policy limit.
Car Accident Injury Settlement
Plaintiff, a 67-year-old male, suffered minor injuries after being hit broadside by a driver running a red light. Although Plaintiff’s injuries on the day of the accident did not require immediate medical attention, DKB was able to settle his claim pre-litigation for the policy limit after convincing the insurer that Plaintiff’s knee replacement 18 months later was related to the accident.
Premises Liability Settlement
Plaintiff, a 32-year-old female, tripped and fell over a shopping cart placed behind her by a store clerk of a nationwide department store. She suffered a broken wrist that did not require surgery. DKB leveraged the employee’s gross violation of company policy and resolved the claim.