THE RESULTS

The reputation of a law firm is built entirely on the respect and experience it is able to offer clients who need assistance with their professional liability defense issues. The senior trial lawyers at Kjar, McKenna & Stockalper have been practicing in the industry for over 25 years and have dealt with nearly every kind of defense issue there is. With the support of our young, innovative legal team, KMS has won victory after victory for our clients ranging from trial and arbitration victories, dispositive motions and dismissals. These are examples out of a small sample set of our cases. Please keep in mind that every case is fact specific and different, and that these outcomes do not represent what we may be able to obtain for you in your specific case.

Ali Martino and Jim Kjar secure a defense verdict on behalf of their plastic surgeon client and defeat Plaintiff’s motion mid-trial to add a cause of action for medical battery

Plaintiff was a prominent entertainer promoted by Rolling Stone Magazine and other media outlets in the music industry, who had silicone breast implants placed by the Defendant Plastic Surgeon in the year 2000 by as part of an Adjunct Study Protocol. The implants then ruptured 17 years later. Plaintiff argued that the silicone implants caused…

Robert McKenna successfully defends anesthesia provider in a 6 week jury trial where plaintiff sought 25 million in damages for a spinal cord injury

Robert McKenna obtained a defense verdict following a month and a half in trial in Lancaster, CA. Plaintiff’s counsel alleged oversedation of the plaintiff during a cervical epidural steroid injection that resulted in spinal cord damage from the needle entering the cord and causing upper and lower extremity paralysis and loss of function. The defense…

Appellate Court Affirms a Series of Dispositive Wins by Molshree Gupta to Plaintiffs’ Medical Malpractice Claims and Constitutional Challenge to MICRA

In recent related decisions, the California Court of Appeal has affirmed a series of substantial legal victories by Ms. Gupta in several actions alleging medical malpractice, wrongful death, infliction of emotional distress, as well as a purported class action to advance a constitutional challenge to the Medical Injury Compensation Reform Act of 1975 (“MICRA”)] –…

Molshree Gupta and Chaena Dade Secure Dismissal with Prejudice of Constitutional Rights Violation Claim for Large Public Entity

Ms. Gupta and Ms. Dade prepared a motion for summary judgment as to an incarcerated Plaintiff’s claim that a large public entity Defendant acted with deliberate indifference to Plaintiff’s medical needs pursuant to an unconstitutional policy, custom, or practice (a “Monell” claim). The United Stated District Court for the Central District agreed with Ms. Gupta…

Robert McKenna makes new law that shields doctors from liability for Elder Abuse

Robert McKenna obtained a dismissal of an individual doctor defendant who was sued for alleged Elder Abuse under the Elder Abuse and Dependent Adult Civil Protection Act. The dismissal was affirmed on appeal in a published decision entitled Frankland v. Etehad. The court found that individual physicians do not render the requisite “robust custodial care”…

Patrick Stockalper and Hannah Hogoboom win dismissal in premises liability case on behalf of large California stadium

Patrick Stockalper and Hannah Hogoboom obtained a dismissal of a high exposure premises liability case on behalf of a major Southern California stadium after the Court granted Defendant’s motion for summary judgment. Plaintiff alleged premises liability in connection with injuries sustained at Super Bowl LVI after another spectator allegedly fell on top of her from…

ALI MARTINO AND JIM KJAR WIN JURY TRIAL FOR OPTOMETRIST PLAINTIFF ASKED FOR $2 MILLION IN DAMAGES.

Plaintiff, a successful entrepreneur, visited the defendant optometrist for an eye exam due to complaints of visual problems including pain and blurred vision. The defendant diagnosed mild inflammation of the eye. Plaintiff went on to develop acute retinol necrosis which led to complete retinol detachment and underwent several surgeries at Jules Stein Eye Clinic at…

Robert McKenna III and Michael Pittman Obtain a Defense Award in a Prostate Cancer Medical Malpractice Case

Robert McKenna III and Michael Pittman obtained a defense award in arbitration in a case involving allegations of failing to timely diagnose and treat Gleason 9 prostate cancer in a then 64 year old male. The arbitrator found that the care and treatment provided by the respondent urologist complied with the standard of care at…

Hannah Hogoboom Wins Appellate Affirmation of Trial Court’s Dismissal of Sexual Battery and Invasion of Privacy Case Against California University

Hannah Hogoboom of KMS successfully persuaded the California State Court of Appeal to affirm dismissal in favor of University of Southern California (“USC”) in a case brought by a Jane Doe plaintiff alleging causes of action for sexual battery, assault, invasion of privacy, gender violence, product liability, conspiracy, negligence, and violation of the Bane Act.…

Hannah Hogoboom Secures State and Federal Appellate Affirmation of Dismissals in Civil Rights Cases Against California University

Hannah Hogoboom of KMS successfully persuaded the California State Court of Appeal to affirm dismissal in favor of University of Southern California (“USC”) in a case brought by a plaintiff alleging causes of action for various civil rights violations and secured an affirmation of the United States Central District Court’s dismissal of Plaintiff’s identical federal…