Case Results
Over the last 15 years, Attorney Paul W. Ralph has recovered millions of dollars for his injured clients, by way of trial verdicts, arbitration awards and settlement. Below are examples of cases handled by Mr. Ralph:
Automobile/Trucking Accident-Failure to Warn
In the early morning hours, a 35 year-old truck driver was operating a tractor-trailer combination owned by his employer. While in the number 3 lane and as he approached the offramp for County Line Road, the truck driver's vehicle struck the rear of another “big rig”, parked primarily along the shoulder but probably extending into the travel lane of the roadway.
In the evening before the accident, the driver of the parked truck had apparently experienced electrical problems with his tractor-trailer, making it ultimately inoperable. As a consequence, he parked his vehicle along the shoulder of Interstate 10 near County Line Road, but failed to place any reflectors or other warnings to the rear. He appeared to have every opportunity to warn other drivers of the presence of his disabled rig since reflector triangles were stored behind the seat of his tractor. At a minimum, the evidence in the case suggested that the driver of the disabled truck could have either properly placed the reflectors, driven his big rig off the highway at the nearest exit or parked completely out of the travel lanes.
It is important to note that the area where the accident occurred was “double marked” as to the white line establishing the outer edge of the roadway (between lane #3 and the shoulder). For some reason, that line of demarcation had been painted twice. Since both of the lines were still visible at the time of the accident, a driver could be confused about which line was actually the real edge of the travel lane. There was no artificial lighting near the location of the accident, which occurred just prior to sunrise.
When the front of the traveling rig struck the rear corner of the parked trailer, the impact with the fuel tank immediately resulted in a fire, and the victim was burned beyond recognition. The driver was survived by a wife and three children. Between the State of California and the employer for the parked operator, the case settled for a total of $572,000.00.
Medical Malpractice - Failure to Diagnose Colon Cancer
A woman in her forties is seen by her general practitioner with complaints of abdominal pain, nausea and episodes of diarrhea. Because of the severity of these complaints and their duration, the physician decides to perform, among other tests, a colonoscopy. During that test, performed by the GP (not a board certified gastroenterologist) polyps (pre-cancerous lesions) and stenosis of the colon were found. Instead of removing the polyps and carefully following the patient with periodic scans and/or scope testing, the GP simply treated the patient's symptoms with oral medication for the next seven years.
Unfortunately, this young woman developed colon cancer that ultimately took her life. She left behind a husband and two sons, one of whom has Down Syndrome. Had the defendant doctor done what he should have, the cancer would likely have been detected and prevented from spreading. By the time it was finally diagnosed, the colon cancer was, according to one of the Defendant's own experts, the largest abdominal mass he had ever seen.
In spite of the fact this young woman did not work outside of the home and notwithstanding the limitations of California law (limiting general damages to $250,000.00), the lawsuit settled before trial for approximately $800,000.00.
Automobile/Trucking Accident - Bus Versus Pedestrian
A nearly 50 year old woman living in the greater Los Angeles area used the bus system (MetroLine) for her daily travel to and from work. After she finished her shift as a hospital receptionist, she walked to the bus stop located just a short distance from her place of employment. As she attempted to board the bus, the bus driver suddenly closed the door, knocking the victim to the ground and pulling her into harms way. The would-be bus passenger ended up being crushed by the rear wheels, resulting in "degloving" of her skin and significant soft tissue loss, as well as broken bones in her legs and ankles.
In spite of witnesses who said the accident did not or could not have happened as described (some claiming the woman ran for the bus, slipped and fell under), the case settled for $1,000,000.00.
Medical Malpractice - Botched Breast Surgery
An attractive woman in her 30s was seen by an OB/GYN (not a board certified, plastic surgeon) holding herself out as a "cosmetic" surgeon. The doctor claimed a record of performing, among other things, "scarless" breast augmentation. Since an earlier surgery had resulted in some scarring around the areola, the young patient was looking to have the scars improved, via a scar revision and breast lift with augmentation.
The Defendant doctor assured her patient she would improve the scarring already present, but botched the procedure when she performed a "donut mastopexy" (where a round area of skin is removed from around the areola to lift and tighten the breast). The excessive tension placed on the areolar complex was enough to spread scarring around areola such that it looked like a closed, draw-string purse.
At trial, the Plaintiff's expert testified even though the Defendant had botched the surgery, the patient's scarring could be markedly improved at a cost of between $5,000.00 and $10,000.00. After hearing all the evidence and closing argument, the Orange County jury returned a verdict in the patient's favor for $160,000.00. The award even exceeded the amount requested from the jury.
Premises Liability/Falls-Speed Bump
A forty year-old woman walked through the parking lot of a medical facility owned by the Defendant, on her way to her son's 1 year-old physical. She had driven into the parking lot, parked her car, and then began carrying her son, her bottle bag, and her purse into the facility. As the client walked toward the main entrance, she tripped over an unpainted speed bump directly outside the front door to the building. There was some evidence the speed bump was indeed, at least, partially painted.
As a result of her fall, the client sustained soft-tissue injuries to her knees and an aggravation of a pre-existing back condition. A low back surgery was performed approximately 10 months after the fall.
The matter went to trial in Orange County on the theory the speed bump (painted or unpainted) presented a tripping hazard, given its location, right in front of the entrance to a health care facility. While the jury deliberated and after they had asked a question about the damages claimed, the defense agreed to pay approximately $100,000.00 to settle the case.
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