Trial Results Archive

A Ventura County jury returned a defense verdict in a nuisance and trespass case with multiple theories of liability which were fueling a whopping $8.9 million settlement demand.  WSHB trial lawyer Kevin Smith reported the jury took little time to return the defense award in this three week trial.

In a case involving the death of a construction worker by a 30,000 pound forklift in the Maricopa County Superior Court, a 10-person jury returned a defense verdict after deliberating only two hours. WSHB attorney led a legal team representing the forklift driver and his employer, in a 10-day wrongful death trial which was completed to verdict on June 24, 2014.

Following a two week trial, a Santa Monica jury returned a nearly unanimous defense verdict in a closely-watched products liability case involving complex claims of design defect and failure to warn, resulting in bodily injuries, economic damages, and claims for severe emotional distress before the Honorable Bobbi Tillmon. Wood, Smith, Henning & Berman LLP represented the lone remaining defendant in the case at the time of trial, Urban Motion, Inc.

In the largest SB 800 jury trial to go to verdict in California, Wood, Smith, Henning & Berman LLP obtained a resounding victory against 21 plaintiff homeowners in a closely watched construction defect dispute.  In the Boyd v Western Pacific Housing case, involving 21 single family homes located in Riverside County, WSHB trial lawyers Keith Smith and Gregory Amundson represented homebuilder Western Pacific Housing dba D.R. Horton America's Builder and secured a verdict that represents less than 14% of the cost to repair requested by plaintiffs at the close of trial.  The plaintiff homeowners were represented by Barry Vaughan, Esq. of the firm of Kasdan, Simonds, Weber & Vaughan.

After nearly two years of litigation and a 2½ week jury trial, a San Diego jury returned a 12-0 defense verdict in a habitability case involving claims of mold, vermin infestation and building defects. J. Paul Lewis with the law firm of Wood Smith Henning & Berman LLP represented the defendant.

On August 19, 2013, a jury in Modesto California returned a unanimous defense verdict after deliberating for only 25 minutes in a lawsuit filed under the Federal Employers Liability Act of 1908 ("FELA"), a statute enacted to protect railroad workers. The defense verdict was the second victory for defense team Kevin D. Smith with the law firm of Wood Smith Henning & Berman regarding the claims alleged by plaintiff, Brian Horton. Previously, Plaintiff had filed a claim with the Occupational Safety and Health Administration alleging wrongful termination, which was denied.

In a contentious professional liability jury trial venued in Orange County Superior Court, the Honorable David R. Chaffee entered judgment in favor of defendants at close of plaintiff's case. The jury trial lasted nearly a week and included complex facts and legal issues related to the conduct of an insurance broker engaging in solicitation and management of insurance for his clients.

In a landmark decision for the building and construction industry, the California Supreme Court handed down this morning a closely watched decision which addresses the hot issue of enforcement of arbitration clauses.  We are pleased for our developer clients who brought this appeal and proud of the impact this decision has for the entire building and construction industry.  Wood Smith Henning & Berman represented Pinnacle Market Development (US) LLC, Pinnacle International (US) LLC and Pinnacle Market Development (Canada), Ltd., in this litigation since its inception, initiating the underlying Motions to Compel Arbitration, drafted and argued the matter before the Court of Appeal, and assisted in the petition and substantive briefing as well as the oral argument before the California Supreme Court.

In a contentious personal injury jury trial in Orange County Superior  Court, a 12 person jury returned a verdict for a defendant shopping center owner and property manager in a personal injury action filed by Robin Agers, an employee of the Regency Movie Theater in Laguna Niguel that was struck by a vehicle driven by a movie theater patron and out-of-state driver, who settled out of the lawsuit before the trial began. Plaintiff was represented by Chris Purcell of Santa Ana. Defendants were represented by Greg Amundson of Wood Smith Henning & Berman's Newport Beach office.

In a landmark decision for the building and construction industry, the California Supreme Court handed down this morning a closely watched decision which addresses the hot issue of enforcement of arbitration clauses.

In the matter of Alfred Albano, et al. v. Shea Homes Limited Partnership, et al., the Arizona Supreme Court recently held that American Pipe and Construction Co. v. Utah, 414 U.S. 538 (1974), class action tolling does not apply to Arizona's Statute of Repose, Arizona Revised Statutes § 12-552.  The case was handled by Wood, Smith, Henning & Berman's Arizona office.  

Early this week, a Santa Monica jury returned a defense verdict in a closely watched case involving claims of catastrophic brain injury from alleged mold exposure. Plaintiff Steve White allegedly was exposed to mold while a tenant at a Simi Valley apartment complex.

On May 26, 2011, a Seattle jury returned a verdict in favor of one defendant (represented by WSHB) and against another in a case arising from demolition activities on a construction site. The plaintiff, a clothing wholesaler in a neighboring building, claimed damage to property and profits resulting from its high-end women's fashion inventory and samples being exposed to a large amount of dust. The source of the dust was contested.

An Alameda County jury just delivered a defense verdict in favor of an engineer/general contractor in a closely watched asbestos trial.  This two month trial is significant in that a jury exonerated the sole remaining defendant from any liability, despite evidence that the plaintiff, a prominent dentist, developed mesothelioma following exposure to asbestos fibers. The same jury rejected a claim for loss of consortium brought by the plaintiff's wife.

Late Friday, January 23, 2009, an Orange County Jury returned a unanimous defense verdict in favor of our client, Birdwell Holdings L.P.  Our client was sued by Hunt Investors for intentional interference with contractual relations relating to the failed negotiations to purchase an engine testing laboratory.  The co-defendant was Extengine Transport Systems, who also received a defense verdict.  Plaintiff initially sought millions of dollars in damages, which were significantly reduced during the trial due to successful motions in limine.

Kevin Smith received an overwhelmingly favorable jury verdict this afternoon in a wrongful death trial in Bakersfield, Silva v. Ortiz.   

Shea Homes was absolved of any liability for damages that a Stevenson Ranch family alleged had arisen out of mold  exposure in their home. Jurors in the closely watched personal injury suit returned a defense verdict for Shea, the nation’s largest private home builder, following a three week trial.