Cases

The Hollingsworth Kelly Law Firm attorneys have the type of trial case records that command respect from the insurance companies. The following is a brief synopsis of successfully litigated cases in personal injury from auto accidents, medical malpractice, as well as wrongful death.

Auto Accident

Hoyt v. Cameron, Case No. CV 333963
After 82-year-old retiree lost control of his vehicle, he caused a head-on collision, seriously injuring a 40-year-old bank employee.  Injuries to Plaintiff included brain concussion, and fractures of the hip, knee and ankle.

Northcutt v. McLeod, Case No. CV 2000-5919
College student failed to stop at a stop sign, crossing four lanes of travel and colliding with 53-year-old
emergency room physician, and causing the vehicle to roll over.  The doctor suffered a fractured right
foot and injury to the cervical spine, requiring an anterior cervical diskectomy and fusion.
Case was settled for $1,200,000 one month before trial.

Johnson v. Espinoza, Case No. CV 2001-090918
Carl Johnson and James Crunk, both state corrections officers, were en route, late at night, to Laughlin,
Nevada, on a gambling trip.  The van they were in overheated and they stopped in the I-10 emergency
lane.  Defendant Daniel Espinoza, a private security guard, passed their vehicle, pulled over some distance
down the freeway and backed his vehicle at a rate of 27 to 30 m.p.h. in the direction of the stranded
motorists.  When the Defendant was approximately 60 feet away he braked, causing his vehicle to slide
and rotate, while kicking up dirt and gravel in the direction of Mr. Johnson and Mr. Crunk.  Although the
Defendant was able to stop his vehicle 13 feet from where Mr. Johnson had been standing, Mr. Johnson
fled from in front of the van onto the freeway and was struck and killed by a passing vehicle.

Zopfi v. Williams and Estate of Sherow, Case No. C 2007 2810
Motorists Williams and Sherow were traveling side-by-side 80 to 90 miles per hour in area where a two-lane road merged into a single lane. The Williams vehicle made contact with the Sherow vehicle which then spun out of control and rolled, crashing into Plaintiff’s vehicle which had been going in the opposite direction. Plaintiff had mild concussion and foot injury requiring six surgeries.

Bicycle Accident

Floden v. State of Arizona, Case No. CV 311265
A college nursing instructor driving a vehicle turned into a high school student and amateur bicyclist who was on a training ride, causing the bicycle to hit the vehicle's fender, and the rider to catapult into the windshield. 
After Defendant applied the brakes, the bicyclist slid off the vehicle, striking his head on the asphalt. 
The bicyclist suffered a head injury, resulting in post-concussion syndrome and post-traumatic stress
disorder, which prevented him from pursuing his bicycling goals.

Medical Malpractice

Farinksky v. Bernstein M.D., Gettle, M.D., and Carondelet Health Network, Case No. C 2001 3739
Neurosurgeon Ronald Bernstein, M.D., performed a right occipital craniotomy to remove a tumor (acoustic neuroma). With little brain surgery experience, the surgeon removed portions of healthy brain tissue (mostly cerebellar) instead of removing the tumor. The patient was left in a state of quadriplegia and died two months later.
Settlements were obtained with all three defendants, with covenants not to disclose the terms of the settlement agreements.

Motorcycle Accident

Kent v. Immel, Case No. CV 2000-4497
Defendant negligently exited convenience store parking lot, causing 29-year-old to lose control of his
motorcycle to avoid collision.  Defense called eye witnesses who claimed motorcyclist was speeding. 
Plaintiff suffered a fractured left clavicle, which impeded his timely college graduation, and precluded
his entering the Army as an officer, and pursuing his career goal of serving in the Special Forces.

Storm v. Yocum and RecWest Inc., Case No. C-2003-2281
Please see Trucking Accident below.

Personal Injury – Assault

James v. El Campo Tire, Case No. CV 318336
After having mechanical work performed on his truck, Plaintiff, a 27-year-old flooring installer, returned to
the tire shop because of substandard repair work.  When Defendant refused to repair the vehicle that
day, Plaintiff became loud and disorderly.  After the tire shop manager asked Plaintiff to step outside,
a scuffle ensued, with the manager throwing Plaintiff to the ground.  The manager had two other
employees hold Plaintiff down, and he stomped on Plaintiff's left ankle several times.  Plaintiff sustained
a posterior malleolus hairline fracture of the heel.

Slip and Fall

Lopez v. Safeway Inc., Case No. CV 20036972
On April 25, 2003, upon entering a Safeway grocery store, Plaintiff, age 82, slipped and fell on
a water spill created by a store employee.  The fall occurred while the employee had gone to the
back of the store to retrieve a mop to clean up the spill.  The employee claimed to have placed
three warning cones in the area prior to leaving it. Plaintiff first indicated that she saw no warning
cones, then later stated there were cones but they were not properly placed to barricade
customers from walking into the area of the spill.  The fall caused Plaintiff to undergo a total
knee replacement, with $60,000 in medical expenses incurred.

 Trucking Accident

Storm v. Yocum and RecWest Inc., Case No. C-2003-2281
On March 14, 2003, Defendant truck-driver Yocum negligently turned left in front of Plaintiff's oncoming motorcycle. Plaintiff was operating his motorcycle slightly in excess of the speed limit, and was not wearing
a helmet at the time of the collision. Defendant claimed Plaintiff operated his motorcycle while under the
influence of marijuana (six nanograms of THC found in Plaintiff's blood at hospital). Plaintiff suffered a spinal
cord injury as a result of the impact. While Plaintiff is able to use a walker to walk very short distances, he is
primarily wheelchair bound. Further, as a result of the injuries, Plaintiff has only limited function of his hands.