Wrongful Death

In a tragic incident on a San Diego Metropolitan Transit System (SDMTS) bus, passenger Anthony McGaff lost his life after being placed in a lethal chokehold by another rider, Edward Hilbert. The altercation began when a third party started filming McGaff, leading to a confrontation where Hilbert intervened with force. Despite the visible struggle and the pleas of other passengers, the bus operator continued driving for approximately eight minutes without stopping the vehicle or summoning emergency services. A San Diego Superior Court jury found that SDMTS breached its "common carrier" duty to protect its passengers. The jury awarded $8.5 million in total damages, identifying the transit system and the intervening passenger as equally responsible for the preventable death.

The tragic death of Varnel Johnson Jr. serves as a harrowing reminder of the stakes involved in heavy machinery operation and site management. In August 2021, Johnson was operating a Caterpillar 725 water truck on a path constricted by culvert pipes and unstable soil. The collapse of the canal shoulder led to his vehicle submerging, resulting in his death by drowning due to a lack of emergency escape features in the truck's cabin. In a landmark decision reached on January 14, 2026, a Miami-Dade jury bypassed standard worker's compensation immunity by finding that the project superintendent’s actions constituted gross negligence. The case highlighted "serious" OSHA violations, including the failure to maintain safe travel paths, and scrutinized Caterpillar's equipment design regarding submersion safety and center-of-gravity stability.

On November 17, 2025, a jury in the Circuit Court for Duval County, Florida, returned a defense verdict in favor of Dr. Jack John Messina. The Plaintiff, Louise Tyson, representing the estate of her late husband Paul W. Tyson, filed a medical malpractice and wrongful death lawsuit alleging that negligence during a 2018 heart surgery led to Mr. Tyson's death. The complaint argued that the medical team failed to properly monitor anti-coagulation levels and manage the cardiopulmonary bypass (CPB) system, causing a massive stroke due to blood clots. Specifically, the plaintiff claimed Dr. Messina, as the surgeon, failed to ensure the CPB system was safe before use. However, the jury found that there was no negligence on the part of Dr. Messina that was a legal cause of injury to the decedent.

Rebecca Newman, representing the estate of Margaret Derderian, sued Dr. Matthew Brown, Dr. Anne Lally, and Starling Physicians, P.C. for medical malpractice and wrongful death. The complaint alleged that Dr. Brown failed to meet the standard of care during a fistulogram procedure on the elderly patient, specifically by failing to recognize the high risk of hemorrhage from a fragile vein and discharging her without proper observation. The patient died days later from exsanguination. The defense argued that the treatment met professional standards. A New Britain jury returned a verdict in favor of the defendants, finding no negligence.

Two young brothers secured a $10.5 million settlement against San Bernardino County and multiple social workers after the Department of Children and Family Services failed to protect them from abuse and returned them to parents who ultimately tortured and murdered their infant brother Jamari Mendez in April 2022. The plaintiffs, identified as J.G. and J.M., witnessed their baby brother's killing after social workers ignored warning signs including documented domestic violence, drug use, and protective orders against their father Ricardo Mendez. The case settled in March 2025, days before trial was scheduled to begin.

A three-year wrongful death lawsuit against the City of San Buenaventura ended in July 2025 with a $19 million settlement for the family of Peter F. White. The case centered on allegations that a dangerous condition on public land caused Mr. White’s fatal injuries. His widow and children claimed the City and its contractor, West Coast Arborists, ignored a known hazard and failed to keep the property safe. Both defendants denied responsibility and raised numerous defenses, including statutory immunities. As trial neared, the parties reached a confidential resolution that provided immediate compensation to the White family while avoiding the risks of a public jury verdict.

A federal civil rights lawsuit over the in-custody death of 35-year-old Cynthia Rizalla ended in a $900,000 settlement with Ventura County and several Sheriff’s deputies. Rizalla’s family alleged that she suffered fatal opiate withdrawal due to deliberate indifference and negligent medical care at the Ventura County Pre-Trial Detention Facility. The County and its deputies agreed to resolve all claims before trial, while the case against medical provider Wellpath, LLC, and a nurse remains pending following bankruptcy proceedings.

A Broward County jury delivered a powerful verdict against Johnson & Johnson, finding its talc-based powders caused the fatal cancer of Dr. Alberto A. Casaretto Sr., a respected Fort Lauderdale nephrologist. The jury awarded $20 million in compensatory damages to his estate, holding the company accountable for asbestos contamination in its consumer products. The Casaretto family’s legal team argued that Johnson & Johnson concealed the dangers of asbestos in its talc for decades, prioritizing profits over safety. The verdict stands as a landmark in Florida’s ongoing talc litigation, reinforcing corporate accountability for hidden product risks.

The family of a deceased Los Angeles man reached a $250,000 settlement with the City of Los Angeles Fire Department over claims of negligent emergency medical care. The wrongful death lawsuit accused two LAFD EMTs of failing to provide the standard of care required under California law, leading to the patient’s death. Filed in 2021, the case alleged professional negligence and loss of companionship. Before trial, the City approved the settlement to resolve all claims without admitting liability. The agreement brought closure to a grieving family’s pursuit of accountability while protecting the City from prolonged litigation.

A Los Angeles jury returned a $3.06 million verdict against the California Highway Patrol (CHP) and one of its officers, Daniel Castaneda, following the 2022 fatal shooting of Leonel Chavez. The civil case, filed by Mr. Chavez's family for wrongful death and survival actions, centered on the negligent use of deadly force and institutional failures in training and supervision by the CHP. The jury determined that both the officer's action and the CHP's negligence were substantial factors in Mr. Chavez's death. While total damages were assessed at $6,000,000, the final award was reduced to $3,060,000 due to the jury's finding of 49% comparative negligence on the part of Leonel Chavez himself. The verdict is a significant finding of liability against the officer (51% fault) and the state agency he represented.

After a wrong-way McLaren crash on I-805 killed Aileen and Aryana Pizarro, their family sued Trevor Heitmann’s estate, TJH Holdings, and San Diego agencies for negligence and wrongful death. Plaintiffs alleged police failed to act on a mental-health warning. Defendants denied liability, citing comparative fault and statutory defenses. The case settled for $3,573,286, compensating the family and ending further litigation.

On March 8, 2024, 56-year-old Vanessa Marie Taylor drove her Ford Focus westbound on State Route 18 near Palmdale. James Michael Wolfe, operating a Dodge Ram ProMaster van for his employers, Adapthealth, LLC and Verio Healthcare, Inc., veered across the solid line. His van collided head-on with Taylor’s vehicle. She died from the crash. Her daughter, Kai Ratliff, as successor-in-interest, filed this wrongful death lawsuit.Wolfe allegedly drove recklessly while in the course of employment. Plaintiff claimed he was fatigued, distracted, and reached for an energy drink before the crash. He crossed into oncoming traffic, striking Taylor’s vehicle. Plaintiff argued Adapthealth, Verio, and other unnamed defendants bore responsibility for employing Wolfe, entrusting him with the van, and failing to prevent unsafe conduct. She also claimed they acted in concert and condoned his reckless driving, making them jointly liable.Taylor suffered traumatic injuries, pain, and mental an