Peter J. Searle, Esq.

Construction Defects

• Mediated dispute between adjacent commercial property owners involving a landslide and slope failure that caused significant property damage. Claims included nuisance, trespass, and negligence. The matter involved complex geotechnical expert analysis, as well as issues of loss of use and cost of repair.
• Mediated dispute between adjacent property owners over alleged vibration-related damages. Contested claims included property damage, cost of repair, loss of use, past and future lost rents, diminution in value, stigma damages, and contractual damages involving indemnity, defense costs, and prevailing party fee provisions.

A D A

• Mediated settlement of claims that arose when an employer fired a newly hired employee upon learning she had a disability.

Discrimination

• Mediated employment dispute involving claims of pregnancy discrimination under FEHA, interference with pregnancy disability leave (PDLL), and wrongful termination. Plaintiff was terminated at six months pregnant in a mixed-motive context (Harris v. City of Santa Monica), alleging pregnancy was a substantial factor in the decision, while the employer asserted legitimate, non-discriminatory grounds for termination. Settlement included confidentiality, non-disparagement, Civil Code § 1009 waiver, structured payment terms, and rehire language.

Wrongful Termination

• Mediated settlement of sexual harassment and discrimination claims arising from allegations that a female employee was subjected to inappropriate comments and propositions by supervisors, and denied adequate rest breaks and proper compensation.
• Mediated resolution of claims involving constructive termination, assault, and intentional infliction of emotional distress, alongside a cross-complaint for embezzlement against the employee. The dispute involved a small, family-owned business without insurance and heightened emotional dynamics. Resolved globally with a payment plan, mutual confidentiality, non-disparagement, and a neutral reference provision for future employment.

Government Liability

• Mediated case involving severe injury to a child at school, resulting in permanent digestive tract deficiencies. Key issues included inadequate supervision, failure to inspect and remedy a dangerous condition, school staffing requirements, and comparative fault.
• Mediated case involving a solo motorcycle accident with claims of freeway deficiencies, including negligent roadway design, inadequate signage, poor drainage, insufficient lighting, and lack of maintenance. Governmental immunity defenses were a central issue.
• Mediated case involving multiple vehicles striking a sagging electrical cable across a freeway, resulting in significant physical and emotional injuries. Key issues included governmental liability, accident physics, and complex neuropsychological evaluations.
• Mediated wrongful death case against a governmental entity arising from a fatal highway accident allegedly caused by a pavement edge drop-off, improper lane delineation, and inadequate roadway maintenance.

Bad Faith

• Mediated settlement of claims arising from a sewer line break that caused significant damage to plaintiffs’ home and triggered additional living expenses. Dispute centered on the homeowner’s insurance carrier’s denial of coverage and reimbursement.
• Mediated first-party insurance bad faith claim arising from a minor auto accident complicated by the plaintiff’s extensive medical history, subsequent injuries, workers’ compensation claims, unrelated health conditions, and medical malpractice allegations. Plaintiff claimed significant financial losses due to the insurer’s multi-year delay in investigating and evaluating the complex claims.
• Mediated complex insurance coverage dispute arising from a catastrophic rollover accident in Utah, where a father fell asleep at the wheel while driving his son’s vehicle, resulting in the son becoming paraplegic and the father sustaining a traumatic brain injury. The father was undisputedly at fault. The case involved five potentially applicable insurance policies and raised multiple coverage issues, including: resident relative and 'drive other car' exclusions; non-owned auto endorsements; scope of employment questions implicating corporate coverage; bad faith and open policy exposures due to rejected policy limit demands; conflicting interpretations of 'following form' language between primary and excess carriers; and agent/broker liability for issuance of improper policy forms. The matter also included a declaratory relief action by the excess insurer seeking equitable subrogation from the primary carrier.
• Mediated bad faith lawsuit arising from a physician’s disability claim following a qualified disabling event. The dispute involved two policies: an individual disability policy providing total and residual disability benefits, and a 'key person' policy with total disability benefits payable to the medical group. Key issues included satisfaction of elimination periods, the physician’s inability to perform the substantial and material duties of his regular occupation, eligibility for residual benefits under a reduced capacity rating, insured cooperation requirements, and the sufficiency of documentation supporting the loss of earnings.
• Mediated federal court dispute arising from a collision between fire engines from neighboring cities, resulting in multiple injuries and property damage. The dispute was between a Joint Powers Authority (JPA) and its reinsurer, centering on the JPA’s handling and settlement of the underlying claims. The loss was reclassified from two occurrences to one, shifting greater financial responsibility from the cities and the JPA to the excess/reinsurance carrier. The reinsurer alleged that this reclassification constituted collusion and breached the doctrine of uberrimae fidei—the duty of utmost good faith owed by the JPA to its excess insurer.

Coverage

• Mediated settlement of underinsured motorist (UIM) claims arising from a collision in which the plaintiff sustained injuries and recovered policy limits from the third-party insurer.
• Mediated resolution of a large multi-party property damage and subrogation case arising from an electrical transformer explosion. Claims included nuisance, inverse condemnation, contractual indemnity, and additional insured coverage. The matter involved complex insurance coverage and Government Tort Claims Act issues. All claims, complaints, and cross-complaints were resolved following a multi-day mediation.
• Mediated resolution of an Occupational Accident Insurance policy dispute between a ride-share driver (independent contractor) and the furnishing company, involving claims for covered medical expenses, temporary disability, and continuing disability benefits.

Subrogation

• Mediated settlement of claims brought by an employer against a landowner for damages arising from an employee injury, after a pallet jack caught in a pothole on the driveway asphalt.
• Mediated product liability case involving the manufacture of an uninterruptible power switch following a high-voltage power-to-ground surge event. The matter involved competing fire origin and cause investigations, as well as electron microscopic analysis of failed and fire-damaged components.

Medical

• Mediated medical malpractice case involving a combat veteran suffering from severe PTSD and related conditions seven years post-deployment. Plaintiff alleged inadequate treatment and support from Veterans Affairs despite ongoing care.

Legal

• Mediated pre-litigation resolution of a bad faith claim directly with the insurer arising during underlying litigation. Defense counsel failed to inform the insurer and/or the Court of the insured’s non-cooperation, resulting in the Court striking the defendant’s answer and entering a default judgment in excess of policy limits. Key issues included: actual prejudice from the insured’s non-cooperation; enforceability of the default judgment; the insurer’s failure to intervene; defense counsel’s conduct and communication failures; and questions regarding defense counsel’s independent contractor status.

Landlord/Tenant

• Mediated contentious dispute arising from the eviction of a long-term tenant from a rent-controlled apartment in West Hollywood under the owner/relative occupancy provision of the West Hollywood Rent Stabilization Ordinance (WHMC §17.52.010(12)). The tenant later discovered facts suggesting the eviction was not conducted in good faith and violated statutory requirements. Claims included violations of the WHMC, Civil Code §1947.10, Unfair Business Practices (Bus. & Prof. Code §17200), negligence, and fraud—with punitive damages and attorneys’ fees at issue. The matter involved complex factual disputes and extended damages analysis based on rental market comparisons.
• Mediated dispute between a governmental landlord and a commercial tenant over a parking lot lease rendered unproductive during the COVID-19 shutdown. Key issues included contractual interpretation, the validity of the Notice of Termination, applicability of the force majeure clause, and negotiation of payment terms over time.

Warranty of Habitability

• Mediated a case involving claims that arose after a senior citizen housing apartment complex became overrun with bed bugs.
• Mediated a case involving claims brought by residents of an apartment complex located in an aging building.
• Mediated a case involving claims by minors residing in an apartment complex who suffered health and emotional harm due to pervasive cockroach, bed bug, and rodent infestations; inadequate plumbing; leaks; electrical hazards; unsanitary common areas; poor waste management; and insufficient security.
• Mediated a multi-unit, multi-plaintiff habitability case involving multiple insurers and complex coverage and Cumis counsel issues. Negotiated tenant move-out terms, Medicare affidavit language, and tenant reference provisions as part of the global resolution.
• Mediated a virtual habitability and personal injury case against the owner and management company of an apartment complex. Central issues included a prolonged cockroach infestation and negligent stairway maintenance that led to two separate fall incidents, one month apart. The matter also involved disputes over liability, damages, attorney fees, insurance coverage, additional insured tenders, contractual obligations between the owner and management company, and allocation of contributions for non-covered claims.

Assault and Battery

• Mediated settlement of claims that arose when a security guard started hitting Plaintiff and caused injury while at a night club.Mediated a case arising from an incident in which a nightclub security guard physically assaulted the plaintiff, resulting in injuries.
• Mediated a case involving claims arising from an incident in which a security guard attacked a young man wearing a hoodie during a church event.
• Mediated a case involving claims arising from an assault on a restaurant patron while walking to the restroom.

Business Torts

• Mediated a case against a mortuary involving the mishandling of a decedent’s remains. Causes of action included breach of contract, negligence, intentional and negligent infliction of emotional distress, fraud, misrepresentation, and violations of multiple California Health and Safety Code provisions. Allegations involved a 'bait and switch' on interment services, contract forgery, overbilling, false representations regarding disposition of the remains, and unlawful detainment of the remains pending payment of an alleged debt.

Catastrophic Injury

• Mediated a case involving claims against both private and governmental entities arising from a crash involving a privately operated bus transporting children, resulting in multiple catastrophic injuries.
• Mediated a case involving claims against a pool owner, maintenance company, and product manufacturer after plaintiffs suffered chemical burns from spa water due to a malfunctioning automatic chlorinator that released excessive chlorine.
• Mediated a multi-party bar shooting case involving negligent security claims.
• Mediated a case in which plaintiff contracted Legionnaire’s disease at a health spa, later suffering a debilitating stroke as a complication. The case involved complex coverage issues related to microbial exposure and significant claimed damages, including medical expenses, lost earnings, and a life care plan.
• Mediated a catastrophic injury case involving an 89-year-old woman who sustained severe crush injuries to her arm and leg after being run over by a trash truck. Key issues included quality of life, life expectancy, future medical care needs (home health vs. LVN care), and valuation of the transition from independent living to assisted or medically monitored care.
• Mediated a case involving a man accidentally shot in the chest by another patron at a shooting range. Key issues included liability waivers, firearm safety protocols, range regulations, and the gun owner's personal responsibility. The case also involved significant medical evaluation of internal injuries caused by the gunshot.
• Mediated a case involving a traumatic brain injury with skull fracture and cognitive impairments, later complicated by loss of smell and taste. The defendant was a public entity, and key insurance issues included intentional act exclusions and course and scope of employment questions.
• Mediated a slip and fall case involving alleged traumatically induced Thoracic Outlet Syndrome (TOS). Key issues included differential diagnosis between neurogenic and vascular TOS, prior undiagnosed similar symptoms, psychological overlay, appropriate treatment protocols and costs, future medical needs, and disputes over actual versus claimed functional limitations.
• Mediated a heavily disputed bus-versus-motorcycle accident case involving an objective brain injury, significant orthopedic trauma, and lasting medical complications. The matter was further complicated by an overlapping workers’ compensation claim and allegations of employer negligence.
• Mediated a railroad injury case involving a plaintiff who suffered catastrophic injuries after being struck by a train while walking alongside the tracks. Key issues included trespassing, the plaintiff’s failure to perceive the approaching train, alleged train crew error, and inadequate fence maintenance that allowed access to the area.
• Mediated a case against a gas utility, solar installation company, and fire department arising from a home explosion that occurred after natural gas migrated through the soil and into the residence. The plaintiff, who had been allowed to re-enter the home prior to the explosion, suffered serious injuries including a traumatic brain injury and PTSD.
• Mediated a wrongful death case involving a man who died within 24 hours of checking into a rehabilitation facility for alcoholism. Allegations included inadequate staff training and supervision, and failures in medical management and communication.
• Mediated a case involving a pedestrian who suffered a cranial injury after being struck by a falling street lamp while waiting to cross the street in Los Angeles. The incident rendered him unconscious, and within a year, he developed advanced traumatic dementia.

Elder Abuse

• Mediated a case involving claims of LARSO violations, elder abuse, and fraud arising from a long-term tenant-landlord relationship.

Food Safety

• Mediated a personal injury case involving dangerous conditions around food safety.

General Negligence

• Mediated a case involving claims arising from repeated dog attacks on a neighbor’s smaller dog, culminating in a fatal incident that also caused injuries to the neighbor’s face and hands.
• Mediated a dog bite case involving facial nerve damage, scarring, significant PTSD, and claims for future loss of earning capacity.
• Mediated a case involving a woman with polio-related disabilities who was injured on a public bus. Key issues included the exacerbation of her pre-existing physical impairments and inadequate safety measures for wheelchair-bound passengers.
• Mediated a personal injury case against a governmental entity involving a man who was struck by a garbage truck, resulting in a traumatic brain injury, two-level cervical disc replacement, and post-traumatic stress disorder.
• Mediated a personal injury claim by a bicyclist against a city and utility companies for injuries caused by a roadway defect related to an underground vault, utility trenching, and inadequate inspection.
• Mediated a catastrophic injury case involving a plaintiff struck by a curb-jumping vehicle while seated on a bench outside a large chain store. Disputed issues included the admissibility of nationwide incident evidence versus store-specific data, potential medical malpractice contributing to the plaintiff’s condition (raising Henry v. Superior Court arguments), and multiple indemnity and coverage disputes among the landowner, management company, and retail tenant.
• Mediated a catastrophic injury case involving the plaintiff and two governmental entities. Key issues included roadway design, first responder duties, disputed toxicology findings, evidentiary challenges, and the extent of damages.
• Mediated a golf cart rollover case involving claims of negligent golf course design and maintenance, inadequate signage, and alleged design and manufacturing defects in the golf cart.
• Mediated a case against a funeral home involving improper handling of remains, with state-issued citations and claims of negligence, intentional misconduct, and exposure to punitive damages. Cumis counsel was appointed for multiple individuals, and the case involved complex insurance coverage issues.
• Mediated a traumatic brain injury case involving a high school football player who alleged multiple practice-related concussions due to improperly sized and defective helmet equipment. Claims focused on the school and coaches’ failure to respond to equipment concerns and head injury complaints, as well as violations of Government Code §§ 815.2 and 815.6, Education Code provisions, and CIF Blue Book regulations establishing mandatory duties to protect student-athletes suspected of concussion.
• Mediated a severe dog bite case resulting in Complex Regional Pain Syndrome (CRPS) in the plaintiff’s lower extremity, with top CRPS specialists involved in treatment and evaluation. Settlement negotiations were complicated by large insurance policies, an unclear future medical picture due to pending Ketamine injections, and overlapping workers’ compensation issues.
• Mediated a case involving four family members attending a graveside service where the casket lowering device malfunctioned, causing the casket to fall into the grave twice in front of over one hundred attendees. The incident escalated into a physical altercation, and claims arose from emotional distress and mishandling of the funeral service.

Maritime Law

• Mediated a maritime injury case involving an MOT crane operator injured when the crane collided with a mega ship whose bridge extended beyond the range of the crane’s anti-collision sensors. Key issues included crane design and maintenance, sensor and seatbelt function, operator error, communication protocols between crane and dock personnel, Longshore and Harbor Workers’ Compensation Act (LHWCA) benefits, § 908(i) settlement provisions, medical causation for total disability, vocational alternatives, and potential § 8(f) relief for pre-existing conditions.
• Mediated a maritime case involving a cruise passenger who fell down a stairway, alleging that ship staff failed to accommodate her physical disabilities and denied her use of the elevator, resulting in injury.

Personal Injury

• Mediated a case involving a woman who suffered burns requiring hospitalization and surgery after receiving a treatment contraindicated for her known medical condition.
• Mediated a case involving a woman who tripped and fell over a construction line while walking on a public walkway, resulting in injury.
• Mediated a product liability case involving a young girl who sustained third-degree burns over 50% of her body when a teapot placed on a restaurant lazy Susan tipped over. Claims were brought against the teapot manufacturer and others in the stream of commerce. The matter resolved with seven-figure settlements.
• Mediated a product liability case involving catastrophic burns to a young child. Key issues included product identification, an alleged defect in a case of first impression, and extensive damages encompassing long-term medical and psychological treatment needs.
• Mediated a construction accident case involving catastrophic knee injuries to a worker. Key issues included allegations of employer and employee negligence, insurance coverage under an OCIP policy, and falsified safety inspection records by a defendant subcontractor.
• Mediated a product liability and negligence case involving a plaintiff who sustained severe burns to his face, arms, and upper torso after a propane fireball ignited while lighting his BBQ grill. Defendants included the gas station that sold the propane tank and the manufacturer/designer of the cylinder and valve. Allegations included illegal and improper refilling of the tank, failure to use the spitter valve, malfunctioning overfill protection device, and defective shutoff valve design. Defenses focused on plaintiff’s alleged misuse of the grill—leaving gas running for over 8 minutes before ignition—and excessive alcohol consumption.

PI Auto

• Mediated a case involving claims arising from a left-turn collision in which the defendant’s vehicle struck the plaintiff’s vehicle, resulting in injury.
• Mediated a complex personal injury case involving claims of Complex Regional Pain Syndrome (CRPS) and multiple cross-complaints for contractual indemnity. The matter also included a declaratory relief action by the insurer asserting no coverage under a commercial property policy. Resolution required personal contribution from the insured to fully settle the case and potential bad faith exposure.
• Mediated a personal injury/product liability case involving a Bard Meridian model Inferior Vena Cava (IVC) filter, designed for temporary use but never removed. Although properly placed, the filter’s continued presence posed significant long-term health risks to the plaintiff.
• Mediated a personal injury case involving a Deputy Sheriff, with disputed scope-of-employment issues at the time of the incident. The matter included cross-complaints for defense, indemnity, and property damage, as well as insurance coverage disputes and binding arbitration proceedings. The case is currently on appeal.
• Mediated a case involving a straw purchase and sale of a luxury vehicle that was later stolen and trafficked through the grey market to China. The matter involved complex insurance coverage disputes.
• Mediated a case involving a plaintiff with Multiple Sclerosis who sustained trauma resulting in neurological and psychological complications, including claims of disease progression due to the injury. The case was further complicated by the development of a DVT requiring six months of anticoagulant therapy with Warfarin.
• Mediated a bicycle versus automobile accident case involving complex liability, accident reconstruction, and investigation issues. The plaintiff sustained serious injuries, including a traumatic brain injury and multiple orthopedic injuries requiring surgery.
• Mediated a personal injury case involving significant third-degree burns allegedly caused by defects in a commercial hot water heater.
• Mediated an automobile vs. pedestrian case involving significant injuries and two potentially liable drivers, one of whom was underinsured, raising joint and several liability issues. The primary insurer refused to contribute its policy limits despite the excess carrier's position that excess exposure existed. Defendant insureds were actively involved and frequently at odds with their appointed counsel and insurers.
• Mediated a wrongful death case arising from a truck-versus-auto collision resulting in a felony homicide conviction. Key issues included employee vs. independent contractor status, vicarious liability, availability and insurability of punitive damages under a foreign policy, admissibility of evidence at trial, coverage for attorney fees under a criminal statute, and the decedent’s drug use as it related to life expectancy and damages.
• Mediated and successfully settled a Federal Tort Claims Act case involving a federal employee who struck a bicyclist at high speed, resulting in severe injuries.
• Mediated and successfully resolved a multi-claimant case involving a vehicle that jumped a curb while attempting to park and struck a crowd outside a restaurant. Claims included wrongful death and traumatic brain injury. The case involved multiple layers of insurance, indemnity, and additional insured issues, with significant defenses raised by the restaurant and a pending summary judgment motion.
• Mediated a personal injury case in which the plaintiff became paraplegic after a low-speed rear-end collision. Although the insurer timely tendered policy limits, the plaintiff sought personal contribution from the defendant driver. The case involved significant emotional dynamics and required detailed analysis of the defendant’s financial disclosures, loan funding, and line of credit qualifications to achieve resolution.
• Mediated an agribusiness personal injury case involving a cow that escaped through a ranch fence and was struck by the plaintiff’s vehicle, resulting in serious injuries and multiple surgeries. Key issues included the inapplicability of negligence per se, interpretation of Agricultural Code §16904, nuisance claims, and relevant agricultural statutes.
• Mediated a case involving a motorcycle accident.
• Mediated a case involving a motor vehicle accident where the plaintiff was diagnosed with a left vertebral arterial dissection injury. The vertebral artery runs along the back of the neck and supplies the brain and spine with oxygen-rich blood. The plaintiff's medical records from the hospital ICU say that the patient's condition was critical with high potential for death or physiological deterioration.
• Mediated a case involving a motor vechicle accident with the subsequent development of a syringomyelia following a cervical epidural steroidal injection, causing significant and permanent nerve damage which caused muscle atrophy and the loss of sensation and function to the hand and forearm.
• Mediated a motor vehcicle accident case with a traumatic brain injury with significant pre-existing psychiatric and psychological conditions. Following the accident, the plaintiff had a disturbing series of psychotic events, and was found to have excessive levels of psychotropic medication that the defense claimed caused the post-accident psychosis.

PI Bicycle

• Mediated a road bike injury case against a governmental entity and adjacent landowner after a cyclist sustained a traumatic brain injury and other serious injuries caused by roadway upheaval from long-standing tree root intrusion originating on the adjacent property.

PI Sexual Assault

• Mediated a case involving the forcible rape of an underage female by an adult school counselor at an after-school program. The perpetrator was convicted and incarcerated. Claims against the school district and program provider included vicarious liability, negligent hiring, failure to assess the employee’s fitness, notice of unfitness, and inadequate protective measures. The evaluation of damages was complicated by the student’s extensive history of prior and subsequent trauma.

Premises Liability

• Mediated a personal injury case involving a tree collapse onto a family. Key issues included the cause of the tree failure, requiring expert arborist evaluations, disputes over public versus private land ownership, and complex brain injury claims.
• Mediated a personal injury case involving a tree collapse at an amusement park that caused head and orthopedic injuries to the plaintiff. The case involved complex issues including traumatic brain injury, arborist evaluations, and psychological harm. The amusement park and its landscape contractor asserted cross-claims for contractual indemnity and contribution, along with disputes over additional insured status and insurance coverage.
• Mediated a personal injury case involving a plaintiff injured at a rural working dude ranch. An electronically signed liability waiver had been submitted on the plaintiff’s behalf, raising key legal questions regarding its enforceability under the specific facts of the case. Central issues included whether the waiver was valid and binding, and whether the plaintiff could meet the heightened burden of proving gross negligence to overcome the legal effect of the waiver.
• Mediated a personal injury action against a ski resort brought by a snowboarder injured while dismounting a ski lift. Plaintiff alleged there was no attendant present to monitor lift operations at the time of the incident. The ski resort disputed liability, presenting testimony from employees, ski patrol members, and other witnesses confirming staff presence and standard procedures. The case involved detailed factual analysis of ski lift operations and snowboarding protocols.
• Mediated a complex pediatric personal injury case involving multiple head traumas allegedly resulting in Chronic Traumatic Encephalopathy (CTE). The minor plaintiff exhibited speech, language, cognitive, balance, coordination, and verbal communication impairments. The medical diagnosis was heavily contested due to claimed pre-existing developmental delays and disabilities. Both sides presented extensive expert testimony, including child psychologists, neuropsychologists, neurologists, psychiatrists, school assessors, neuro-radiologists, speech and language pathologists, and County Regional Center specialists.
• Mediated a catastrophic construction injury case involving traumatic brain injury. The multi-party dispute raised complex issues, including liability, comparative negligence, contractual indemnity, additional insured status, and interpretation of insurance policy language. Additional complexities included subrogation waivers, excess coverage drop-down and horizontal exhaustion, completed and accepted work doctrines, sophisticated user defenses, distinctions between passive and active negligence, and related insurance coverage and bad faith claims.
• Mediated a personal injury case involving a young woman who lost vision in one eye after being struck by a batted baseball. Key legal issues included primary assumption of the risk, the inherent dangers of baseball, and preserving the integrity of the sport. The case also involved complex indemnity agreements and extensive expert analysis on liability, medical causation, and damages.
• Mediated a case involving the claim of an exacerbation of a genetic condition called Hidradenitis Suppurativa- an inflammatory skin condition with lesions including deep-seated nodules and abscesses, draining tracts, and fibrotic scars. The plaintiff needed crutches as a result of the injury accident and it caused a flare up of her condition that got out of control and required surgeries.
• Mediated a case involving a personal back injury that was complicated by the plaintiff's medical history of having Disseminated Coccidioidomycosis, a very rare form of a fungal infection caused by breathing in fungi spores. The plaintiff's form of this disease spread beyond the lungs to other parts of the body and carried through the blood. The issue in this case is what part of her total disability, and current lack of independence is due to the physical injuries caused by the accident, versus being caused by the Cocci, and whether the physical injury exacerbated the Cocci condition causing it spread more rapidly through her body, thereby contributing to her total disability.

Product Liability

• Mediated a wrongful death and catastrophic injury case arising from the explosion of an aluminum CO2 cylinder tank during pressurized filling with nitrous oxide. Product liability claims were asserted against multiple entities in the supply chain. Core issues included the functionality and failure of the valve, rupture disc, and pipeaway system; alleged combustion caused by cylinder contamination; and claims of design defect and failure to warn. The case also involved complex insurance coverage and indemnity disputes among the parties.
• Mediated a pre-litigation product liability case against a vehicle manufacturer involving a minor who suffered a partial finger amputation when the vehicle door closed on a pinch point. Key issues included accident reconstruction and biomechanics, the design and functionality of the door’s safety sensors, adequacy of guarding at the pinch point, and parental responsibility in light of multiple warnings provided on the vehicle and in the owner’s manual.

Toxic Torts

• Mediated a multi-party silica exposure case involving a young artificial stone fabricator diagnosed with silicosis, resulting in a bilateral lung transplant, permanent disability, and significant future medical needs.

Wrongful Death

• Mediated a case involving wrongful death claims arising from a fatal fall sustained by a roofer who fell from a ladder. The matter was resolved through settlement.
• Mediated a case involving wrongful death claims arising from a workplace incident in which an employee was knocked down, run over, and killed by a skip loader. The matter was resolved through settlement.
• Mediated a case involving wrongful death and personal injury claims after an 18-wheel truck lost control, collided with a car, and crashed into a coffee shop, resulting in multiple fatalities and injuries. Allegations included that the roadway was not safely designed or maintained for large commercial vehicles.
• Mediated a wrongful death case involving allegations related to freeway planning, design, and construction standards.
• Mediated a wrongful death case involving a motorcyclist and a food delivery service. Key issues included insurance coverage and bad faith, employment versus independent contractor status, vicarious liability, special employee designation, and disputes over additional insured coverage.
• Mediated a catastrophic injury and wrongful death case arising from a commercial vehicle striking three pedestrians crossing mid-block. The collision resulted in the death of a mother and injuries to her two children. Claims included wrongful death, negligent infliction of emotional distress, and personal injury. The decedent’s parents pursued loss of support claims under Civil Code § 377.60. The case involved heavily litigated liability issues under Vehicle Code § 21954(a), as well as complex insurance matters across both primary and excess layers.
• Mediated a wrongful death and personal injury case arising from a residential fire involving multiple plaintiffs represented by separate counsel. The insurer, relying on advice of counsel, initially declined to tender policy limits. Discovery and allegations led to the appointment of Cumis counsel for the individual defendants, and punitive damages were later added to the complaint. Defendants retained both bad faith and personal counsel. The matter settled above policy limits without any personal contribution from the insured defendants.
• Mediated a multi-million dollar wrongful death settlement involving a 17-year-old fatally struck by a ricochet bullet fired by law enforcement officers while shooting at an attacking dog. Key issues included self-defense, use of deadly force, failure to use available non-lethal alternatives, violation of backdrop clearance protocols, and the reasonableness of officers’ conduct under the circumstances. The case also involved comparative negligence claims against the parents, as the incident occurred at 3:00 a.m. and involved underage drinking.
• Mediated a virtual wrongful death case involving claims of concealment, intentional infliction of emotional distress, dependent adult abuse, and negligence arising from a patient’s admission into a drug and alcohol rehabilitation facility. The patient was found dead in his room just twelve hours after admission. Central issues included whether the death resulted from suicide or homicide by a roommate, and the facility’s alleged failure to follow intake protocols—specifically with regard to patient assessment, monitoring, and substance screening. Additional concerns involved understaffing, inadequate training, failure to conduct required bed checks, and a cover-up of evidence by a facility manager before police arrived. Legal complexities included alternate liability theories (negligence vs. third-party criminal act), governmental immunities, foreseeability, notice, burden of proof, and damages related to the nature of the relationship between the decedent and his spouse.
• Mediated a wrongful death case arising from the murder of an employee by the company’s general manager. According to employees, the GM had a known history of drinking on the job and routinely carrying—and firing—a loaded handgun at work. During an altercation, the GM fatally shot the employee at close range. Several employees and the GM attempted to conceal the crime. Legal issues included vicarious liability, imputed knowledge to the corporation, foreseeability of the criminal act, notice of prior dangerous propensities, scope of employment while handling an HR complaint, the impact of the civil settlement on criminal restitution, and non-economic damages. A confidential global settlement was reached.
• Mediated a wrongful death case involving the death of a four-month-old infant at an unregulated, non-profit 501(c)(3) homeless shelter. The mother alleged she had requested a crib, which the shelter denied. After two months of uneventful residence, the infant died during the night while bed-sharing with the mother. The autopsy concluded the cause of death as SIDS. Plaintiff claimed the shelter had a duty to provide a crib, and that the failure to do so was a substantial factor in the infant’s death. Defendant asserted no evidence of suffocation and argued it had no legal duty as a charitable, non-medical entity.
• Mediated a wrongful death case involving a 20-year-old female who died while attending a multi-day music festival. After being found incoherent and unresponsive, she was taken to the medical tent and referred to the harm reduction area under the assumption she was experiencing a 'bad trip.' She was left in bed for six hours without appropriate medical care or supervision and later died from multi-organ failure due to hyperthermia and dehydration. The case involved complex issues including the festival’s duty of care and special relationship to attendees (see Dix v. Live Nation Entertainment, Inc. (2020) 56 Cal.App.5th 590), comparative responsibility due to alleged drug use, medical malpractice and MICRA limitations, waiver and release enforceability, agency and independent contractor liability, insurance coverage disputes, and the evolving understanding and social context of psychedelic drug use.
• Mediated and reached a global settlement in a wrongful death case involving a minor who died while in the care and custody of a foster parent. Claims were asserted against the foster parents, the county, and the foster family agency.
• Mediated a wrongful death case of a married couple and their unborn son, leaving two minor children without their custodial parent. Settled in the eight-figure range.
• Mediated a wrongful death case involving a person walking on the railroad tracks. The claim against the defendants (railroad company, adjacent landowner and city) was for negligent maintenance of the fence, and for permitting crossing the tracks as a short cut.
• Mediated a wrongful death claim of the father of three young children who was killed in a head on collision caused by the lack of visibility in the roadway due to improper grubbing or scarifying of the adjacent property without sufficient watering performed to ensure that high winds in the area would not blow sand and dust into the roadway, thereby creating a blinding dust condition.