KMS Partners Chip Cressey and Rick Wirick Prevail on Summary Judgment

After being convicted in state court of burglary and receiving an 8 year sentence, Plaintiff sued the State of California for false imprisonment. After the state’s motion for nonsuit was granted at the close of Plaintiff’s case in chief, Plaintiff sued his civil rights attorney arguing that the attorney had negligently failed to file a…

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Jon Schwalbach and Jim Kjar defense wrongful suspension case

A dermatologist practicing in a large Southern California medical group had his privileges revoked for failing to practice in a safe and reasonable matter. He appealed to a Superior Court Judicial Review Committee who overturned the findings of the medical group and found that the group’s actions were not reasonable. A lawsuit by the doctor…

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Robert McKenna Defenses a Wrongful Death Case in Riverside County

The decedent presented to a local emergency room with a month long history of spontaneous bleeding from the mouth and nose secondary to extensive over coagulation. The initial work up of the patient revealed an INR in excess of 10 and the patient was discharged home having been given oral vitamin K and being told…

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Judge Renders Defense Verdict in Favor of Jon Schwalbach and Jim Kjar

Plaintiff underwent a thymectomy procedure for Myasthenia Gravis. Following the surgery he developed a bilateral recurrent laryngeal nerve injury which left him without a functioning voice. Plaintiff’s expert, Chief of Thoracic Surgery at Rutgers University testified that the surgeon went too far laterally in his dissection and injured the nerves. The defense contended that the…

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