Results

The plaintiff filed a medical negligence claim against client, urgent care facility alleging they breached the standard of care by failing to diagnose a right ankle fracture. The treating nurse practitioner noted the pain started nearly two months prior to seeking treatment and the plaintiff continued to train despite the swelling and pain. Upon examination,…

Plaintiff was a patient in a large Southern California hospital. She claimed that while she was unattended by her nurses in a hallway waiting for her medication that she fell, lost consciousness and suffered a traumatic brain injury. Plaintiff relied on MRI studies and multiple experts who testified that she suffered a structural injury to…

During a laparascopic choleycystectomy, the surgeon injured the liver, causing significant bleeding. The patient suffered an intraoperative cardiac arrest and had to be resuscitated by aortic compression and 3 cardioversions. She required an extended hospitalization and claimed significant permanent injuries. The defense argued that injury to adjacent organs and bleeding are known complications of the…

In Rosales v. Los Angeles County USC Medical Center, et. al., Mr. Stockalper represented an attending orthopedic surgeon as well as Los Angeles County + USC Medical Center which was tried in downtown Los Angeles. Plaintiff, then a 10 year old boy, was involved in an automobile accident on December 17, 2014 wherein he sustained…

The plaintiff experienced a perforation of his bile duct during an ERCP procedure to remove a stone in the Common Duct. It resulted in massive sepsis and a 4 month hospitalization. Total recovery time was almost one year. He made substantial claims for past and future lost earnings in addition to permanent debilitating injuries. A…

Partner Jason Petersen presented a demurrer to Plaintiff’s causes of action for elder abuse and fraud against a Defendant hospice and home health care provider for alleged withholding of care in a residential care facility and fraudulent misrepresentation about the services that were provided. The demurrer argued that Plaintiff was unable to establish a custodial…

Jon Schwalbach drafted and argued the winning appellate brief in a wrongful foreclosure action against a property receiver. The firm’s client was a property manager who was appointed receiver by the court to oversee the foreclosure of four properties before they were sold. After the sales, Plaintiff sued the bank and the receiver for a…

KMS Partner Brian Selogie recently prevailed on two motions for summary judgment, successfully demonstrating in each case that plaintiffs could not carry their burden of demonstrating any genuine issue of material fact. In the first case, Selogie defended a psychiatrist in an acute care psychiatric facility who had been accused of negligence in relation to…

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…

After agreeing to bifurcate the case, the judge presided over a two day bench trial to determine if the case was filed within the applicable statute of limitations. Despite denying the same motion brought by way of motion for summary judgment, the court found that the defendants met their burden on proving their affirmative defense…