CASES OF NOTE
08
Hennessy v . Apache County , et al
January 12 , 2017 Apache County Superior Court Michele Molinario
Galano v . Tay
February 2 , 2017 Maricopa County Superior Court Stephen Bullington & Cory Tyszka
Michele Molinario successfully moved for dismissal in an unlawful arrest case against an Arizona County , and various County law enforcement officers . Prior to filing suit , the Plaintiff mailed a Notice of Claim pursuant to A . R . S . 12-821.01 to the Sheriff ’ s Office ’ s P . O . Box , instead of mailing it to the officers ’ home addresses or serving the officers in person . The legal question was whether service of a Notice of Claim by mail was valid at the officers ’ workplace .
The Superior Court Judge found that the Plaintiff did not properly serve the Notice of Claim upon the County officers in accordance with Rule 4 ( d ), Ariz . R . Civ . P ., which requires service upon an individual to be done personally , or by leaving a copy of the summons and complaint at the individual ’ s residence . Further , service of a Notice of Claim is mandatory and the failure to do so in the appropriate manner resulted in the dismissal of the claims against the County officers .
Koch-Gulloty v . Taylor
January 25 , 2017 Maricopa County Superior Court Robert Berk
Steve Bullington and Cory Tyszka obtained a unanimous defense verdict in this case involving allegations of medical malpractice arising from a penile prosthesis exchange procedure . Plaintiffs alleged that Defendant was negligent in leaving a fragment of tubing from the removed prosthesis in the Plaintiff ’ s groin area , causing Plaintiff to suffer an infection , additional surgeries , and loss of employment . Defendant maintained that he met the standard of care in removing the prosthesis and that Plaintiff ’ s infection was not caused by the fragment . Plaintiff claimed $ 900,000 in damages due to pain and suffering , loss of consortium , lost wages , loss of enjoyment of life , medical bills and expenses . The case was tried in Maricopa County Superior Court before the Honorable Susan Brnovich . After an 8-day trial , the jury returned a unanimous defense verdict on February 2 , 2017 .
Pruitt v . Garcia
March 7 , 2017 Sacramento County Superior Court of California Michael Halvorson
Bob Berk obtained a defense verdict in a legal malpractice case . The Plaintiff alleged that the defending attorneys committed malpractice while representing the Plaintiff in an underlying workers compensation case . The court granted Defendants ’ motion to split the case into a liability phase and a damage phase .
After an unsuccessful mediation , at which the Plaintiff demanded $ 1,900,000 and the Defendants offered $ 75,000 , the liability phase of the trial took place . After a 5-day trial , the jury was out less than 10 minutes before returning a unanimous defense verdict on liability . As a result of the verdict , the damage trial was vacated .
Mike Halvorson successfully represented a Defendant in a potentially substantial verdict in a personal injury case . The Defendant was operating a tractor-trailer weighing approximately 75,000 pounds when it impacted the rear of Plaintiff ’ s 1972 pick-up truck , which was stopped at a red light . Because Plaintiff ’ s vehicle lacked a headrest , the back of Plaintiff ’ s head smashed into the glass of his back window . Plaintiff , age 37 and a father of three , claimed this caused him to suffer a concussion , as well as severe head , neck , shoulder and arm injuries for which he treated with conservative care and epidural injections over the next two years . Plaintiff was ultimately diagnosed with a cervical disk herniation , and he subsequently underwent surgery that resulted in a fusion of his cervical spine at a total cost in excess of $ 118,000 . Plaintiff also claimed to have suffered in excess of $ 40,000 in lost wages , as well as damages for future medical care and economic losses .