Boulder Case Settles While Criminal Prosecution Stalls
In October 1996, Baum & Blake filed suit on behalf of the husband of a Marin County woman killed when a truck went out of control on a freeway overpass and dumped a load of boulders on her car below. The suit claimed the trucking company and a construction company were negligent in causing her death.
The victim, who was 6 1/2 months pregnant with her first child, had no opportunity to avoid 40 tons of granite which the truck dropped onto Highway 101. Her vehicle was crushed and she and her unborn child were killed.
The Marin County District Attorney's office refused to prosecute anyone, claiming insufficient evidence. Discovery and investigation in the wrongful death civil action, handled by David Baum, established that an unlicensed driver was operating the truck with the owner's knowledge, and that the construction company was also responsible for the acts of the trucking company under a non-delegable duty doctrine.
The case settled in March 1998 for $3 million at the start of trial in Alameda Superior Court.
"Ghost Surgery" Lawsuit Breaks New Legal Ground"
In a class action suit that has gained national attention, Baum & Blake filed suit charging that University of California Hospitals throughout the state regularly substitute less qualified student physicians for faculty physicians during operations without informing patients.
The suit, filed in April 1997, alleges that the University of California also falsified patients' medical records to avoid evidence that a student performed the surgery. Substitution of physicians, known as "ghost surgery," has led to instances of malpractice on patients.
The lawsuit charges that the University fraudulently charged patients for surgeries performed by top physicians when, in fact, they were performed by students. Plaintiffs seek damages and an injunction preventing the continuance of this practice.
John Metz, a director of the California Consumer Health Care Council, a non-profit consumer protection group supporting the suit, said, "Our group is committed to ending deceptive health care practices and we believe this lawsuit will further our goal."
Of interest is that this class action suit is based, in part, on California's deceptive business practices statute. According to Martin Blake, who is handling the case, this is a rare instance where the University may be accountable under the statute, despite its privileged status under the California Constitution.
Novel Procedures Used to Resolve Balcony-collapse Litigation
In February 1996, a third-floor balcony collapsed during a party in San Francisco, causing more than a dozen people to fall more than 35 feet to the ground. One woman was killed and others were severely injured.
Baum & Blake was requested to represent one of the more seriously injured plaintiffs, a young woman with multiple fractures of her feet and pelvis, and severe back injury. A series of lawsuits were filed against the landlord, property management companies, and other defendants. They were consolidated in San Francisco Superior Court.
Because of the complexity of the issues and disputes among defendants' insurance carriers, a novel procedure was established to expedite a resolution. In exchange for an admission of liability, plaintiffs agreed to submit the case to binding arbitration, reserving all rights against various insurers who are involved. Using the expedited procedure, it is anticipated that the entire litigation will be resolved by mid 1998, providing immediate payment to the plaintiffs while leaving the parties free to pursue their remedies against recalcitrant insurers.
To date, $3 million has been paid into court by some insurers, with substantial additional coverage still in dispute.
New Evidence Code Rule Opens Up Expert Cross Examinations
Newly enacted Evidence Code S. 721 (a) allows the cross examination of experts on texts determined to constitute "reliable authority"; even if the expert has not referred to or relied upon the text! This change dramatically broadens the scope of cross-examination, but has received little publicity.
