Personal Injury Case History
Ragsdale v. Ralphs Grocery Company
Ragsdale a Ventura Police Officer, was injured in a slip and fall incident in a Ralphs market in Ventura, Ca. Ragsdale suffered spinal injuries which limited his present and future abilities to work. The market’s staff had been aware of spilled cooking oil on the floor for over 20 minutes but, due to management attempts to limit man hours, had no one available to place warning notices or clean up the spilled oil. Ralphs offered $15,000.00 to settle the case. The Ventura County awarded Ragsdal $524,470.00 in damages. Attorney’s fees and costs were additionally awarded. (trial attorney Allen Ball)
Rosales V. Thermex-Thermatron, Inc
Juanita Rosales was seriously injured when the thermal heat plate on the plastic forming machine she was working on dislodged crushing her hand. The defective machinery was manufactured by Seal-O-Matic, Inc. part of a group of companies owned by Solydyne Inc. A few years before the subject accident Solydyne, Inc. closed the Seal-O-Matic division and consolidated their production with a sister company collectively known as ThermexThermatron, Inc. Later, Solydyne Inc. sold Thermex-Thermatron.. Thermex-Thermatron, Inc. advertised Seal-O-Matic products, had phonebook listings, and advertisements under the Seal-O-Matic name, and actively held themselves out to the public as if they were SealO-Matic.
Plaintiff brought suit against Thermex-Thermatron Inc. alleging that they were the successor in interest and liable to plaintiff, Juanita Rosales under the successor liability doctrine established in Ray v. Alad Corporation. At trial, the jury determined that Thermex-Thermatron, Inc. was the successor in interest to Seal-O-Matic, Inc. The jury awarded substantial damages to plaintiff, Juanita Rosales.
The Court of Appeal affirmed the jury findings strengthening the holding of the original Ray v. Alad Corporation decision. In addition, plaintiff was awarded over $100,000.00 for cost of proof sanctions for defendant’s refusal to admit Requests for Admission.
Bartish v. Berquisit
Bartish, a United State Marine, was badly injured in a horrific motorcycle v. vehicle accident in Ojai, California. The insurer for Defendant driver Berquist offered $30,000.00 in total to settle the action. After a 7 day jury trial, the jury returned a verdict of $474,754.00. Attorney’s fees and costs of suit were awarded. (Trial Attorney – Allen Ball, Appellate Attorney – Esther Sorkin)
Renshaw v. Cooke
Cooke, 17 year old returning from school turned left in front of Renshaw a retired Ventura County Fireman, who was driving a motorcycle in Miramonte, California. Renshaw suffered horrific injuries. Cooke claimed he had a green arrow and Renshaw, who was in a coma for 2 weeks after the accident had no recollection of the accident. The insurer for Cooke shortly prior to trial offered $250,000.00 to settle the action. A Ventura County awarded Renshaw $1,654,000.00 after trial. Attorney’s fees and costs were awarded. (Trial Attorney Allen Ball)
Reed v. Carella
In this action Ball & Yorke be Allen R. Ball represented the Reeds pro bono and without charge. Reed was an active duty Navy Sea Bee who had just returned from a tour in Afghanistan. His insurer USAA had recommended that he cancel his insurance for himself but not his wife while he was in Afghanistan. Reed was making a left turn in Oxnard, California when he was struck by Carella who was also insured by USAA. Reed was three quarters of the way into a driveway and Carrella was attempting to pass other vehicles on the right, driving in the bicycle lane, when he struck the rear of Reed’s vehicle. On behalf of Carrella USAA made no offer to settle the action and cross- complained against Reed for the damage for Carrella’s car. At trial the Court awarded the property damage to Reed in the amount of $19,022.84 plus cost of suit. Carrella took nothing by way of his cross-complaint.
(Trial Attorney-Allen Ball, pro bono)
Padilla v. Ballard
An on duty Ventura Police Officer struck a vehicle making an illegal left turn in front of his police car in Ventura, California. The officer had had prior back problems and suffered a severe exacerbation of previous back problems. Ballard claimed both that the officer was speeding and that the accident did not cause his back problems and offered to settle the action for $30,000.00 initially, raising the offer to $75,000.00 prior to trial. After trial in the Ventura Superior Court the jury awarded $866,697.00 to Padilla. Attorney’s fees and costs were additionally awarded. (Trial attorney Allen Ball)
Doe decedent was killed when an employee of a large company ran a stop sign on his way to work causing an automobile accident. Plaintiffs are the three minor children of the decedent. Doe Defendant Corporation defended this matter on the basis that an employer is generally not responsible for an employee’s conduct on the way to work or on the way home. This is known as the Going and Coming Rule.
Law Offices of Ball & Yorke established that the employer required its employees to regularly use their own vehicles to run errands and transfer on shifts to and from different office locations. Doe defendant driver was not defended by his company and his testimony coupled with the testimony of many other employees along with substantial written documentation established that the employer derived such a substantial benefit from their employees having vehicles available at the job site on a daily basis that the Defendant Corporation was responsible for the actions of their employees on the way to and on the way home from work. The benefit to the employer rule is an exception to the Going and Coming Rule. This case settled for $1.8 million
Employment Law Case History
Armstrong v. CJ Torre Construction.
Armstrong was the Vice President of Sales working for commission for CJ Torres a construction company. During Armstrong’s 10 year of employment the company had gone from $3,000,000.00 to approximately $40,000,000.00 a year. Armstrong was paid by commission. Armstrong left the company with commissions owed to him for work he had completed. CJ Torres refused to pay the commissions. CJ Torres offered $80,000.00 to settle the case. After trial, Armstrong was awarded $169,000.00 in unpaid commissions. Attorney’s fees and costs were awarded.
(trial attorney Allen Ball)
- Siegel was a sales manager for Prudential Insurance Co. He was fired for complaining of illegal churning activities in life insurance sales. After a 20 day arbitration before the NASD (National Association of Securities Dealer) Siegel was awarded $338,000.00 in loss of earnings and general damages and $1,000,000.00 in punitive damages against Prudential Insurance Co. Prudential appealed to the Superior Court initially, then to the California Court of Appeal, 16 Cal.App.4th 1270, and ultimately to the Supreme Court. Prudential lost all appeals
Peralta v. Hispanic Bus., Inc. (2005) 419 F.3d 1064 and Olive v. Am. Express Long Term Disability Benefit Plan (2001) 183 F. Supp. 2d 1191 saw Ball & Yorke set new ground in the Federal Courts for issues arising under the Employment Retirement Income Security Act (“ERISA”). The Peralta decision led the 9th US Circuit Court of Appeals to recognize that the legislature needs to address a remedy for fraud in ERISA cases.
(Trial Attorney – Allen Ball)
Business Law Case History
Santiago v. Velasco
The Velasco’s ran an immigration consulting agency representing themselves to be notaries (“notaries” in Spanish). The Velasco’s would charge immigrants properly seeking legal status exorbitant funds and then do nothing for them relying upon requisite time limits in which to complete immigration paperwork to expire and the threat of deportation to keep immigrants silent. After a 2 week trial in the Ventura Superior Court Judge Vincent O’Neill issued an award of $1,313,880.00, including punitive damages for Velasco’s violation of California’s Immigration Consulting Act (California Business and Professions Code §22440, et seq.) (Trial Attorney Allen Ball)