Hon. David W. Abbott, Ret.

Wrongful Term & Discrimination

• Judge Abbott has extensive experience handling various employment disputes, including constructive wrongful termination, defamation, retaliation, harassment, racial discrimination, failure to provide reasonable accommodations, whistleblower cases, wage and hour disputes, and other intricate employment matters.

Government Liability

• Judge Abbott has experienced various government liability disputes. This includes cases involving hazardous public property conditions, negligent operation of emergency vehicles, and other related matters.

Public Policy

• Mediated a dispute between public entities regarding the resolution of issues arising from encampments of unhoused people.

Medical

• Mediated a case regarding a failure to timely diagnose, assess, and treat a malignant bladder lesion, that resulted in a terminal diagnosis for a middle-aged woman. The settlement included the potential claim for wrongful death.
• Mediated a medical malpractice case alleging the negligent placement of a spinal stimulator after an unsuccessful laminectomy/spinal fusion surgery.
• Mediated a case regarding the death of an early married man in his early forties with two children after a hernia repair surgery.
• Judge Abbott has handled many cases involving medical negligence, including matters involving failure to diagnose, mismanagement of psychiatric care, obstetric care, and more.
• Mediated a case involving an alleged failure to timely diagnose and treat cauda equina syndrome.

Legal

• Judge Abbott was involved in several legal malpractice cases, including fraud arising from non-compliance with the California Tort Claims Act, claims related to conservatorship creation, and matters involving judgment enforcement.

Real Property

• Judge Abbott presided and was involved in disputes involving homeowners' associations (HOAs) as well as commercial lease-related cases.

Catastrophic Injury

• Mediated a case a case involving a vehicle collision with a utility pole located on a sidewalk. The Plaintiff was a passenger in the vehicle teaching a juvenile driver to do reckless maneuvers when the driver lost control and collided with the utility power pole. The Plaintiff claimed the pole was too close to the curb. The public entity asserted design immunity and negligence of the driver as the sole cause of injury. Injuries included traumatic brain injury, subdural hematoma, subarachnoid hemorrhage, residual cognitive deficits, and left hemiplegia. The Plaintiff's demand was in the low seven-figure range.

General Negligence

• Mediated a case related to a dog bite injury to the plaintiff's right [major] hand, with residual degenerative changes to the medial metacarpal joint in the index finger. The Plaintiff was the sole source of income for her family and worked on a commission-only basis. Keyboarding was a critical element of her job. Degenerative changes to the injured joint caused persistent pain with normal work activity. The Defendant admitted liability resulting in a six-figure settlement.

Personal Injury

• Mediated a case stemming from a trip and fall incident that caused spinal and shoulder injuries to the Plaintiff which required multiple surgeries. Future economic damages for income loss and medical expenses were not claimed. Workers' compensation complaints in intervention remain unresolved. The total settlement was in the mid-six-figure range.
• Mediated a case involving Plaintiffs who were severely injured in a construction electrocution incident, resulting in severe burns, and loss of limbs and digits. One plaintiff was deemed negligent in the occurrence of the incident. The primary contractor defendant tendered policy limits in the seven-figure range and the parties agreed to mediate the division of the settlement proceeds.

PI Auto

• Mediated a case involving a Plaintiff who was struck by a delivery van while crossing a private road. The delivery van was attempting to enter a two-lane through a roadway. The Plaintiff suffered spinal injuries to her neck and lower back resulting in two fusion surgeries and the probability of future fusion at adjacent levels.
• Mediated a case regarding a rear-end truck vs car accident. Much of the specials, including surgery, had been subject of liens. The Plaintiff claimed past medical expenses and future expenses, including spinal surgery. Total settlement, including loss of consortium, was in the seven-figure range.
• Mediated a case regarding a high-speed rear-end collision The collision left the Plaintiff, a teenage girl, with a traumatic brain injury and multiple internal injuries/fractures. The Defendant driver was under the influence of marijuana and a benzodiazepine drug. The Plaintiff's father was driving and suffered less severe injuries, which included a claim for negligent infliction of emotional distress.
• Mediated a case centered around a three-vehicle, rear-end collision involving heavy-duty trucks. The Plaintiff claimed cervical and lumbar spinal injuries that required pain management care for the cervical and spinal fusion for the lumbar. The Defendants admitted liability but contested the nature and extent of the injury and the need for future care, including surgery. The total settlement was in the six-figure range, inclusive of the workers' compensation lien.
• Mediated a case wherein a forklift operator collided with an automobile driven by the plaintiff, penetrating the driver's side door and inflicting blunt trauma to the plaintiff's left leg and left torso. The incident resulted in the Plaintiff experiencing a residual loss of lung capacity and PTSD, with loss of consortium.
• Mediated case involving two low-speed motor vehicle accidents almost 3 years apart. The accidents resulted in spinal injuries to an HVAC installer with a vocational rehab assessment of "unemployable." The total award against both defendants was in the six-figure range, including the spouse's claim for loss of consortium.
• Arbitrated a case related to a rear-end motor vehicle collision. The collision resulted in permanent injury to the facet joints at two levels in the claimant's lumbar spine. Damages were past and future medical care and non-economic; no income loss was claimed.
• Arbitrated a case involving a rear-end collision between an uninsured SUV and a flatbed truck towing a trailer filled with rocks weighing thousands of pounds. Low Delta-V, but significant energy absorbed by impact. Disputed injuries included cervical disk herniation and lumbar disk injury in a cement mason operating a successful contracting business. Damages were determined to be in the mid-six-figure range.
• Mediated a case related to a clear liability motor vehicle collision between a CHP patrol vehicle and the Plaintiff's car. The Defendant admitted liability but disputed the Plaintiffs' injuries - including traumatic brain injury to one plaintiff - and damages.
• Mediated a case involving a motorcycle vs. auto collision that caused the Plaintiff motorcycle driver multiple fractures, and closed head injury that resulted in multiple surgeries and extended rehabilitative care. The Defendant admitted liability with economic damages in the low-seven-figure range. The case settled in the mid-seven-figure range.
• Mediated a case involving a Plaintiff who was involved in a head-on collision that resulted in multiple fractures, internal injury, and a traumatic brain injury. The Plaintiff alleged that the dangerous condition of public property was a contributing factor to the accident.
• Mediated a case that resulted in a TBI from a single vehicle collision due to brake failure resulting from negligent maintenance by plaintiff's employer and others, with a duty to maintain the work vehicle. Also, only one settling defendant was insured.

Premises Liability

• Mediated a slip and fall case that occurred in a retail checkout area due to water on the floor. The Plaintiff injured her hip, resulting in corrective arthroscopic repair of the joint and joint capsule. Liability was disputed.

Product Liability

• Judge Abbott handled numerous product liability cases, many of which pertained to automobiles.

Wrongful Death

• Mediated a case involving the wrongful death of a young man caused by the negligent discharge of a shotgun while the defendant and decedent were engaged in "horseplay" with the firearm. The Plaintiff was the mother of the deceased. A mid-six-figure settlement was reached.
• Mediated a case regarding the wrongful death of a child on a theory of dangerous condition of public property.
• Mediated a case stemming from an incident in which a Highway Patrol officer shot the significant other-plaintiff of his estranged wife with his service pistol, and killed his wife and then himself. The Plaintiff suffered permanent injury to the shoulder on his dominant arm and severe PTSD. The Plaintiff alleged causes of action in negligence, civil rights, and pursuant to Tarasoff v. Regents. Included as defendants were the licensed marriage and family therapists who were assigned to interview and assess the officer, and released him to return to full duty with his service weapon. The total settlement was in the mid-seven-figure range.