ClickCease 2023 | Page 3 of 5 | Walkup, Melodia, Kelly & Schoenberger

Pedestrians v. Motorist

In Pedestrians v. Motorist (S.F. Sup. Ct.) Doris Cheng and Katherine Connolly were associated as trial counsel to represent a mother and two young children (ages 3 and 5) who were struck by an inattentive driver in a residential San Francisco neighborhood. The defendant was acting in the course and scope of his employment with…

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Surviving Son v. Portable Power, Inc.

In Surviving Son v. Portable Power, Inc. (Sacto. Co.) Jeffrey Clause negotiated a $3,000,000 settlement on behalf of a 35-year-old man whose mother died in a head-on vehicle collision. The defendant accepted liability but contested the severity and amount of the damages, arguing that the plaintiff and decedent did not maintain a close relationship given…

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Heirs of Pedestrian v. Auto Driver

In Heirs of Pedestrian v. Auto Driver (Nor. Cal. Sup. Ct.) Joseph Nicholson negotiated a $550,000 settlement for the adult children of an elderly woman who was struck and killed by a cargo van while crossing a street at night. Based on the driver’s version of events, the initial police investigation concluded that the decedent…

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Claimants v. Cryogenic Device Maker

Claimants v. Cryogenic Device Maker (S.F. Sup. Ct.) Following the tragic loss of eggs and embryos belonging to more than 400 couples and individuals, our team headed by Doris Cheng and Mike Kelly filed negligence and product liability cases against a fertility service provider and a cryogenic storage device maker on behalf of more than…

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Patient v. Internist

In Patient v. Internist (Nor. Cal Sup. Ct.) Richard Schoenberger and Joseph Nicholson reached a multimillion dollar confidential settlement arising from a delayed diagnosis of cancer. The plaintiff initially presented with complaints of knee pain. An ultrasound revealed a mass which was also visualized on MRI. Although the reviewing radiologist opined that the mass was…

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Patient v. Stroke Center

In Patient v. Stroke Center (Nor. Cal. Sup. Ct.) Doris Cheng and Christian Jagusch successfully prosecuted an action against a stroke center for failing to diagnose an evolving stroke in a vibrant and brilliant 48-year-old young woman. Before the stroke, plaintiff had a keen mind for math and game theory. She was taken by ambulance…

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Patient v. Anonymous Medical Provider

In Patient v. Anonymous Medical Provider (Orange Co. Arb.) Doris Cheng and Jeffrey Clause negotiated a $2,000,000 settlement on behalf of the family of a 30-year-old patient who died of chemotherapy-induced lung toxicity. The decedent was diagnosed with Stage 2a testicular cancer – a stage that should have a greater than 90% cure rate. The…

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Firm Obtains $11 Million Santa Cruz Verdict

On February 7, 2017, heavy rains caused a mudslide that closed northbound lanes of Highway 17 on the Santa Cruz side of the summit. The California Department of Transportation (Caltrans) hired Granite Rock Construction Company as the general contractor to clean up the slide. Granite Rock then hired Hildebrand & Sons Trucking as a subcontractor…

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1st District Limits Arbitration Rights

In Pacific Fertility Cases (2022) 85 Cal. App.5th 887, the First District Court of Appeal rejected a product manufacturer’s motion to compel arbitration on grounds that the manufacturer was not a signatory to plaintiffs’ arbitration agreement with their medical providers. The appeal arose from the 2018 fertility center tragedy where some 400 individuals and couples…

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SCHOENBERGER RECEIVES ABOTA HONOR

Pictured here is partner Rich Schoenberger on the occasion of being honored by the San Francisco Chapter of ABOTA with its Don Bailey award. The award was instituted in 2000 following the death of chapter stalwart Don E. Bailey to acknowledge an individual chapter member who models civility and humanity in their work. Bailey successfully…

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