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Biesty, Garretty & Wagner - An Association of Professional Corporations BG&W
27 Years of Trial Experience, Service and Results

Representative Cases

The firm has tried numerous cases to conclusion over the past 27 years. However, statistics have not been maintained for the entire period. The following list only includes cases tried during the past five years and may not be comprehensive.

  1. Spinner v. Cooper. Case involved trespass to land, breach of contract, negligence and other causes of action for damage to a road in Hidden Hills which resulted in damage to adjacent property. Three week trial in which the plaintiff was awarded 1.3 million in damages as against our client and a co-defendant who was an independent contractor. The co-defendant was an engineer who performed the grading work. A defense judgment was entered for our client after appeal and the case was ultimately settled by the co-defendant. Case was tried in Los Angeles Superior Court.
  2. Frausto v. Buenaventura, auto v. bicyclist tried in Santa Monica Superior Court. Case involved a young man riding his bicycle in a cross walk who was struck by the defendant driver making a right hand turn. He had serious facial injuries, including fractured front teeth. The verdict was for $34,000.00 in favor of plaintiffs
  3. Hill v. County of Los Angeles. County employee, Bernice Hill, got into an altercation with a police officer at King-Drew Medical Center after she refused to identify herself. She was detained and subsequently released. She make a claim for false imprisonment, civil rights violations, negligence and assault and battery resulting in a torn rotator cuff. This case resulted in a defense verdict for the County of Los Angeles and their employee. Case tried in Compton Superior Court.
  4. Weber v. Goedhart. Case involved allegations that the defendant surreptitiously videotaped himself and the plaintiff engaged in sexual intercourse. Defendant allegedly showed the videotape to various acquaintances, including mutual friends of he and the plaintiff. Plaintiff sued for negligence, invasion of privacy and negligent and intentional infliction of emotional distress. Case was tried in Ventura County Superior Court and plaintiff was awarded $50,000 as against our client. Offer of settlement prior to trial was $150,000.00
  5. Cox v. Thompson and Academy Trucking. Case involved three personal injury plaintiffs with allegations of serious objective injuries including brain damage of four year old child, child's mother alleged negligent infliction of emotional distress. Defendant driver in semi truck made turn into driveway in front of plaintiff vehicle. Case tried in Compton Superior Court. Case settled before returned verdict for less than pre-trial offers.
  6. Ranger Insurance Company v. Condor Insurance Company. Declaratory relief action between two insurance companies. Jury issue related to whether permission was granted to Ranger Insured to move vehicle insured by Condor. Jury concluded that no permission was given. Tried in Pomona Superior Court.
  7. Herrera v. Stulla - Rear end accident, herniated disc with surgery. Medical specials in excess of $70,000.00. Jury verdict $6,000.00. Tried in Van Nuys Superior Court.
  8. Freeman v. Lee - Minor impact accident, soft tissue injuries. Defendant backing out of driveway. Medical specials $5,350.00. Verdict was $100.00. Tried in Los Angeles Municipal Court.
  9. Maas v. Leonard - Auto v. auto rear end accident. Medical specials $11,500.00. Plaintiff claimed herniated disc with surgery. Plaintiff attorney was John Denove. Jury awarded $39,000.00. Tried in Los Angeles Superior Court.
  10. Willick v. City of Los Angeles - Premises liability, plaintiff tripped and fell on broken sidewalk in front of defendant's rental property. Broken hip, urological problems, hospitalization and surgery. Defense verdict. Tried in Santa Monica Superior Court. After appeal, trial court verdict was sustained. Petition to California Supreme Court by plaintiff was denied.
  11. Azusa v. Dittes - Auto v. auto. Claimant driver was pulling out of driveway crossing two lanes of traffic to make left turn when struck by defendant vehicle. Medical specials for passenger in claimant vehicle was in excess of $30,000.00. Other passengers had minor injuries. Case was bifurcated on liability and a defense verdict obtained. Tried in Van Nuys Superior Court.
  12. Sarkisyan v. Ovakimyan - Premises liability. Claimant fell off ladder while trying to repair roof in rain storm on defendant's rental property. Serious injuries, including heart attack with hospitalization. Defense verdict. Tried in Burbank Superior Court.
  13. McClennan v. Parrett - Premises liability. Plaintiff fell through sun deck on defendant's property. Defense verdict. Tried in Los Angeles Superior Court - Central.
  14. Conover v. McCarthy - Auto v. auto rear end accident. Plaintiff claimed knee injury with surgery. Medical specials were approximately $9,000.00. Defense verdict. Tried in Santa Monica Superior Court.
  15. Zaks v. Cheng - Plaintiff fell when her dog and insured's dog got into a fight in front of insured's residence. Medical specials of approximately $9,000.00. Plaintiff verdict of $3,000.00. Tried in Van Nuys Superior Court.
  16. Sosa v. Firth - Rear end accident. Economic damages of approximately $25,000.00. Plaintiff claimed substantial injuries including epileptic seizures as a result of accident. Verdict was $25,000.00. Case tried in Los Angeles Superior Court - North Valley.
  17. Bitan v. Oy - Auto v. semi truck accident disputed liability case. Plaintiff was a professional soccer player claiming herniated disc with neurologic impingement. Verdict was $45,000.00. Tried in Van Nuys Superior Court
  18. Spencer v. Ortega - Auto v. semi truck accident. Disputed lane change involving three vehicles. Plaintiff claimed medical specials of approximately $17,000.00. Jury awarded plaintiff $35,000.00 gross and liability was apportioned between the two defendants. Tried in Long Beach Superior Court.
  19. Marquez v. Martinez - Auto v. auto rear end accident. Plaintiff claimed herniated disc and carpel tunnel syndrome for which he had received multiple surgeries. Medical specials were in excess of $37,000.00, present value of future medical care was $104,000.00 and plaintiff had a wage loss claim commencing on the date of the accident through trial. Verdict was $122,000. Tried in Burbank Superior Court.
  20. Nevels v. Holzberg - rear end accident; SIU case, defense verdict, Los Angeles Municipal court, Los Angeles.
  21. Showalter v. Brown - rear ender, minor impact, soft tissue injuries to neck and back. Medical expenses were $1,615.00, loss of earnings $117.00. Demand was $4,000.00. Jury verdict $917.00. Tried in Los Angeles Municipal Court.
  22. D'Augustin v. Downs - multi vehicle rear end accident, plaintiff claimed herniated discs, radicular neuralgia in both hands, sciatica, and left shoulder pain. Medical specials were approximately $21,000.00, wage loss $29,000.00, claimed need for low back surgery. Plaintiff awarded $1,500.00 from each of two defendants which was offset by a prior settlement of $3,000.00 from a third defendant for a net verdict of $0.00. Tried in Van Nuys Superior Court.
  23. Engelstein v. Waldorf - Rear end accident on freeway. Two plaintiffs, Engelstein claimed herniated disc on MRI and lower back surgery. Romano claimed soft tissue injuries. Medical expenses were $6,800.00 for Englestein and $4,200 for Romano. Demand was $49,000 combined, offer $12,000.00 combined. Defense verdict. Tried in Glendale Superior Court.
  24. Russell v. Chintavorn - Freeway rear end accident. Plaintiff was transported by ambulance to emergency room. She was on disability for 32 months as a result of the accident. Claimed bursitis of hip, disc bulge at L4-5 and radiculopathy to left extremity. Medical expenses were $8,600.00 and loss of earnings was $5,000.00. Verdict was $7,263.06. Arbitration award was $20,000.00. Tried in Los Angeles Municipal Court.
  25. Scheer v. Park - Rear end accident at stop sign. Plaintiff claimed cervical disc injury with radiculopathy. Medical expenses were $4,300.00. Claimed need for surgery at $4,500.00. Defense verdict. Tried in Los Angeles Municipal Court.
  26. Gallego v. Miao - Rear end accident. Soft tissue injuries including rotator cuff, tendinitis and cervical injury with radiculitis to right wrist. Medical expenses of $4,055.00 with future of $100.00 a month for life; loss of earnings $1,680.00, property damage of $3,070.00. Defense verdict. Tried in West Los Angeles Municipal Court.
  27. Van Slyke v. Hickling - Auto v. motorcycle accident. Motorcycle hit car while making u-turn. Plaintiff (19 year old female) was passenger on motorcycle that was drag racing. Defendant was not involved in racing, but hit motorcycle while making a u-turn. Plaintiff sustained fractures of right and left pubic rami, displaced fractures of left ischium, dislocation of right sacroiliac joint, traumatic arthritis of right sacroiliac joint and pelvic disformity. Unable to deliver children vaginally. She was hospitalized for 2-3 weeks. Medical expenses of $15,000, future medical for surgery $36,000 plus $10,0000 for each proposed C-section (4). Loss of earnings $1,120.00. Jury found each defendant driver 50% at fault. Verdict was $109,241 gross, $54,620.74 net. Tried in Riverside Superior Court.
  28. DePatis-Kupka v. Simon - Three vehicle rear end collision. Defendant struck vehicle which was pushed into plaintiff's vehicle.. Plaintiff claimed soft tissue injuries, TMJ, post traumatic stress disorder and psychologic damages. Medical specials were $1,856.00. Jury found defendant negligent, but did not award damages. Case tried in Malibu Municipal Court.
  29. Foutch v. Watters - Auto v. auto accident. Two elderly plaintiffs, one claiming a total knee replacement, broken pelvis and herniated disc in lumbar spine, other claiming disc bulges in lumbar spine. Verdict was $350,000.00 for Mrs. Foutch and $28,000.00 for Mr. Foutch. Verdict as to Mrs. Foutch was overturned on appeal due to improperly admitted evidence and case was ultimately settled without being retried.
  30. Koudalakian v. Ramirez - Pick-up v. auto, left turn accident, plaintiff also struck utility pole after initial collision. Plaintiff claimed low back pain radiating down both legs with permanent abrasion on left arm. Medical expenses were $6,780.00, wage loss $4,500.00, future wage loss $5,000.00. Verdict was $16,151.00. Case tried in Santa Monica Municipal Court.
  31. Nicolai v. Mahmoudi - Auto v. auto rear end accident. Plaintiff claimed soft tissue type injuries and autonomic dysfunction. She was hospitalized for three days and received chiropractic, physical therapy and acupuncture treatment. She claimed seizure disorder and post traumatic stress disorder. She incurred medical bills in the amount of $18,771.00. The demand was $50,000 and the jury verdict was $6,900.00. The case was tried Los Angeles Superior Court - Central.
  32. Manoukian v. Jones - Auto v. auto, sudden lane change by defendant. Plaintiffs were drivers and passenger in vehicle which rear ended defendant after defendant made lane change. Defendant arrested for DUI. Plaintiffs claimed soft tissue injuries and had medical expenses of $2,775.00 and $1,650.00. Plaintiffs sued for punitive damages. Demand was $10,000.00 per plaintiff. A defense verdict was entered and costs awarded to defendant in the amount of $2,675.00. Tried in Los Angeles Municipal Court.
  33. Leal v. Nadel - Auto v. auto, unsafe lane change. Defendant allegedly entered plaintiff's lane of travel and forced her vehicle onto sidewalk. Two plaintiffs, both claimed soft tissue injuries with post traumatic anxiety reaction and continuing neck and back pain. Economic specials were $5,174.00. Verdict was $4,474.00. Tried in Los Angeles Municipal Court.
  34. McQuinn v. Hanachian - Auto v. pickup rear end collision. Plaintiff, a 50 year old dentist was rear ended by defendant. Plaintiff claims soft tissue type injuries and had medical expenses of $3,968.00 and a wage loss of $8,000.00. Case was tried in Van Nuys Superior Court and a defense verdict obtained. In addition, defendant was awarded costs in the amount of $5,899.00.
  35. Neuman v. Amar - Auto v. auto minor impact end accident. Both plaintiffs were medical doctors claiming soft tissue injuries. Medical expenses were approximately $3,500.00 apiece. Property damage claim included $500.00 in car rental expenses. Jury awarded $125.00 to each plaintiff for rental expense only. Judgment was entered for defendant for $8,000.00 in costs. Tried in Beverly Hills Municipal Court.
  36. Dupuis v. Dorn - Auto v. auto intersection accident. Plaintiff claimed soft tissue injuries and medical specials of approximately $3,500.00. Jury awarded plaintiff $400.00. Tried in Van Nuys Municipal Court.
  37. Anderson v. Cohen - Auto v. auto accident. Plaintiff claimed herniated discs with radicular complaints and need for surgery. Medical specials were approximately $10,0000 and wage loss claim was $10,000.00. Plaintiff was awarded $30,0000 which was less than the offer. Judgment entered in favor of defendants for $14,000.00 in costs.
  38. McCracken v. McCracken - Single vehicle accident. Passenger injured in roll-over and was ejected from the vehicle. Plaintiff claimed injuries to her neck, knee, pelvis, and concussion. Medical Specials were $9,300.00 and future medical was $32,000. Verdict was $7,040.00 gross, $6,336.00 net (plaintiff 10% negligent for not wearing seat belt). Tried in Los Angeles Superior Court - Central.
  39. Covarrubias v. Williams - Auto v. auto, defendant ran stop sign, minor impact, overtreatment by plaintiff. Medical specials were $4,043 for soft tissue injuries. Plaintiff awarded $800.00. Case tried in Van Nuys Municipal Court.
  40. Malek v. Jaime Trucking - Semi truck v. van rear end accident; plaintiff claiming double vision, vertigo, headaches, ringing in ear, depression, heart problems, aggravation of pre-existing ulcers, soft tissue injuries, medial specials in excess of $10,000, loss of earnings in excess of $100,000.00. Verdict $6,002.68 for plaintiff, however, defendant received judgment for costs in excess of $22,000.00. Tried in Riverside Superior Court.
  41. Williams v. Merrill - Auto v. MTA bus, plaintiff MTA bus driver, intersectional accident, defendant ran red light, defendant died in accident as a result of injuries sustained in accident. Plaintiff claimed approximately $8000.00 in medical specials and $11,000 in loss of earnings. Los Angeles Municipal Court, Non-Suit.
  42. Sun v. Winters - Plaintiff was 16 years old and involved in a fight at school with three other boys. Plaintiff claimed brain damage and civil rights violations. We defended parent of one of the boys who attacked plaintiff for vicarious liability under Civil Code Section 1714.1 Claimed severe brain injuries, bruises and bleeding from mouth the severe memory deficit. Plaintiff demanded $400,000.00. Medical specials were $2,048.00. Future medial of $25,000.00, $1,500.00 for future vocational training. Tried in Orange County Superior Court. The verdict was $2,292.00 against defendant, Winters only. Our client, the mother of one of the boys, was granted a non-suit.
  43. Diemer v. Fisher - Auto v. motorcycle accident. Plaintiff claims serious injuries including fractured left wrist and fractured right thumb with two surgeries. Our client had minimal insurance policy and claimed to be in the course and scope of employment which was disputed by the employer. Case was bifurcated and tried on issue of course and scope of employment. Client was found to be in the course and scope of his employment which limited his personal exposure to his minimal policy of $15,000.00.
  44. Cullen v. Magnuson - auto v. motorcycle accident. Defendant made a left turn in front of a motorcyclist traveling in a third/parking lane. Plaintiff sustained serious injuries including a fractured pelvis and erectile dysfunction, medical expenses in excess of $60,000. Defendant had a minimal policy of $15,000. Defense verdict on the issue of liability.
  45. Larry v. MTA - bus v. bicycle accident. Plaintiff alleged that the defendant bus driver struck him while he was driving his bicycle in the crosswalk after entering on a green light. The defendant claimed he had been stopped at the intersection, and when the light turned green for him, he proceeded forward and started a right hand turn. The plaintiff ran into the left front corner of the bus and claimed to have suffered a disclosed shoulder, neck and back injuries. Through expert testimony, the jury concluded that the plaintiff had entered the corss walk against the pedestrian "don't walk" sign. Plaintiff was found to be 80% at fault for the accident and was awarded a net verdict of $150.
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