Our Winning Record in Sports and Recreation Verdicts & Settlements
San Francisco California Sports Injury Lawyers
Insurance companies often try to secure a quick and cheap settlement. Let the personal injury attorneys at Abramson Smith Waldsmith, LLP, speak on your behalf and get you the compensation you deserve. We invite you to review some of the verdicts and settlements we've achieved for past clients.
Contact us online or call 415.421.7995 or toll free at 888.745.2988. We represent clients in the San Francisco Bay area and throughout California. We also represent tourists injured while visiting California.
Bike Accident
Our Client, Son of Biker v. Truck Driver
$500,000 Settlement
Contra Costa County Superior Court
A 55-year-old Moraga man was riding his road bike with two friends just north of Orinda, California, on Bear Creek Road. The route he took, called "The Bears" because it includes three hills (Mama, Papa and Baby Bear), is popular for cyclists. He was riding, in front of the friends, on the "white line" separating the bike lane from the right travel lane. A passing pick-up truck bumped his upper body with its protruding rearview mirror, causing him to lose his balance when he was descending Papa Bear Hill at approximately 35 mph. He crashed onto the pavement. Despite wearing a helmet, the impact caused a massive brain bleed and brain swelling, which ultimately caused his death within 24 hours.
Our Client v. Other Driver
Confidential Settlement
Contra Costa County Superior Court
Our client was riding his bike in the bicycle lane, northbound on Danville Boulevard near the Alamo/Walnut Creek border in Contra Costa County. He had the right of way going straight on Danville Boulevard. A southbound car made a sudden left turn to reach the southbound Highway 680 on-ramp, into the path of the biker. The cyclist collided with the front of the car and was thrown with considerable force onto the hood and into the windshield. He broke the windshield and then rolled off the top of the car onto the pavement, suffering serious injuries, including brain bleeding and brain swelling.
Our Client v. Driver of a Car
Confidential Settlement
San Mateo County Superior Court
Our client was riding his bicycle in a bike lane on a roadway in Redwood City, California, when the driver of a parked car threw open his door. Our client was thrown from his bike. The top corner of the door hit our client's neck near his jugular vein and he was bleeding profusely. Fortunately, there was an ambulance nearby and paramedics saved his life. The defendant denied negligence in the "dooring" incident and accused our client of inattention and running into his door.
Motocross Accident
Our Client v. Sand Hill Ranch Motocross Park, et al.
$3,043,491 Arbitration
Contra Costa County Superior Court
Our client paid a $20 fee to ride his dirt bike at Sand Hill Ranch Motocross Park in Brentwood, California. He signed a release that waived many of his rights to make claims against the park.
While riding his motorcycle on Sand Hill Ranch's 40 acres of trails, he took one trail that unknowingly led him onto the property of a neighbor, the Brentwood Rod and Gun Club. That trail led to a 25-foot man-made cliff, which could not be seen because it was obscured by a tree. Our client rode his dirt bike around the tree at approximately 20 mph, and drove off the cliff. He landed on several large boulders at the base of the cliff.
Our client suffered numerous serious injuries, including a wrist fracture and a T7 spinal cord injury. He underwent spinal surgery to install hardware to fuse T3-T9. He missed 15 months from his employment.
We brought a claim of negligence and gross negligence against the Sand Hill Ranch Motocross Park and the Brentwood Rod and Gun Club for failing to warn riders of the boundaries of the motocross facility and the presence of the dangerous cliff.
The two defendants contended that 1) the release signed by our client barred his claim, 2) he assumed the risk of injury by participating in motocross, 3) he negligently caused his injuries, and 4) recreational immunity under Civil Code Section 846 barred him from bringing a claim.
On the eve of trial, the Brentwood Rod and Gun Club and the trucking company that dumped the bounders at the base of the cliff settled with our client for a combined $775,000. We agreed to binding arbitration with the remaining defendant and the arbitrator awarded our client $2,268,491 in damages against Sand Hill Ranch Motocross Park.
Boating/Cruise Ship Accident
Our Client v. The Berkeley Marina
$100,000 Settlement
Alameda County Superior Court
Our client owned a sailboat docked at the Berkeley Marina. He was seriously injured when he tripped and fell on a defective feature of the dock that was caused by poor maintenance.
Our Client v. Banks Maxwell Propeller Company
Confidential Settlement
Humboldt County Superior Court
Our client, a young farmer from Fortuna, California, purchased an airboat for fishing on the rivers in Humboldt County. The airboat consisted of a flat-bottom boat with a six-foot diameter propeller to power it. It resembled the airboats used in the Florida Everglades. Only the lower 180 degrees of the propeller was guarded; the upper 180 degrees was completely unguarded. While he was tuning the boat's engine in his garage, he tripped over a raised rib in the boat and fell forward. When he reached out to catch himself, he missed the single horizontal bar of the lower guard and his hand went into the spinning propeller, amputating much of his hand.
Our attorney argued that the boat was defective because the entire anterior portion of the propeller should have been guarded. The company argued that guarding 360 degrees of the front of the propeller would reduce the propeller's power to propel the boat and that our client was negligent for tripping over the rib and should not have had the propeller running at that point.
Client Family v. The Mary Jane
Confidential Settlement
Marin County Superior Court
This is a double wrongful death action that occurred in the Pacific Ocean just off the coast of Bodega Bay, California. Our clients were the heirs of a father and son who went on a sports fishing outing on a "party boat" called The Mary Jane. The captain returned to port by taking a shortcut through an area where "sneaker waves" were known to occur. A sneaker wave is a huge wave created near shore during the winter months. These waves are large enough to engulf or capsize a fairly large boat. The Mary Jane was hit by a sneaker wave that exceeded 20 feet in height. It threw several passengers off the boat, including the two men who drowned.
Our Client v. Cruise Ship Operator
Confidential Settlement
Los Angeles County Superior Court
Our clients were passengers aboard a cruise ship embarking at Long Beach, California. The husband fell 20 feet from the gangway into the water as he was attempting to board the ship. He sustained serious lacerations on his head and nearly died because he could not find the edge of the dock to get to the surface. His wife witnessed the entire traumatic event.
Water Skiing Accident
Client Family v. Boat Operator
Confidential Settlement
Contra Costa County Superior Court
Our client was the son of a man who was water skiing in the Delta in Northern California and was struck by a boat. The boat propeller killed him.
Our Client v. Voit Products
Confidential Settlement
Trinity County Superior Court
Our client, a business owner, went with friends to visit Trinity Lake (aka Clear Eagle Lake) near Weaverville, California. While there he decided to water ski for the first time. Friends lent him a pair of Voit water skis to use. The rubber bindings on the water skis were held down on each side by metal rods affixed with screws. On his first attempt to get up on the skis, our client got up briefly but then fell when one of the skis seems to go out from under him. He was unaware that he had been injured until he saw a large piece of his foot plop up in front of him while treading water waiting for the boat to come around.
One of the retaining plates had come loose and had been bent upwards by the force of his foot coming out of the binding. This raised piece of metal severed his entire forefoot, leaving him crippled. He now walks with a cane and his foot is extremely painful and ugly.
The owner of the skis had banged them into a tree after the incident and tossed them in a trashcan at the campsite. Fortunately, our attorneys were able to retrieve the damaged skis with rapid private investigation so there was a product for the experts to examine and determine that it was defective in design. The binding was unsafely designed and attached.
Diving Accident
Our Client v. City of Walnut Creek
$27.75 Million Verdict
Contra Costa County Superior Court
Our client was a 20-year-old state diving champion who became quadriplegic when he collided with a synchronized swimmer during diving practice in a public pool. The diver did not see the 15-year-old synchronized swimmer push off the wall under the diving board just as he began his dive.
The City of Walnut Creek, owner and operator of the pool, had rented its dive pool to a diving team and a synchronized swimming team to hold practices at the same time, without any means of separating the two groups. The pool now uses floating lane lines to separate the two groups. The verdict obtained by our firm was the 12th largest in California and the 67th largest in the United States in 2003.
Skiing Accident
Our Client v. Squaw Valley Ski Resort
Confidential Settlement
Placer County Superior Court
Our client was skiing alone at a Sierra resort. The trail appeared to continue forward and there were tracks to support his assumption that that was the case, but our client went over a drop-off into a creek bed, seriously fracturing his ankle and foot. There were no signs or warnings to indicate that the trail did not continue in that direction. The defendant contended that the area was not misleading and that our client had assumed the risk of harm. We sued the ski resort for negligence on the basis that the terrain was dangerous because it was not properly marked.
Our Client v. Squaw Valley Ski Resort, Garaventa Ltd.
Confidential Settlement
Placer County Superior Court
Our firm handled a very well-known Squaw Valley tram accident case that happened just north of Lake Tahoe at the Squaw Valley ski resort. Our client and her husband were passengers in a large tram that takes passengers from the ski village to the top of the mountain. The device that secured the cable pulling the tram failed, causing the cable to slice into the tram. Our client's husband was fatally wounded and died in her arms while waiting for rescue. The tram was defective in design.
Golf Injury
Our Client v. Golfer and Golf Camp
$5.1 Million Partial Settlement Plus Confidential Settlement
Alameda County Superior Court
Our young client attended a Nike Golf Camp operated by American Golf Corporation. He was struck in the head with a Big Bertha golf club by a fellow golf student. The blow crushed our client's skull, causing a traumatic brain injury. At the time of the incident the student golfers, ranging from 12-14 years old, were unsupervised by the golf camp staff.
Our client underwent an emergency decompressive craniectomy to remove skull fragments and relieve brain swelling. This treatment prevented further brain damage. Eventually, doctors implanted a computer-designed acrylic skull prosthesis to close the defect in his skull. Our client settled with the fellow golf student for $5.1 million, the policy limits of his parents' homeowner's coverage. The case proceeded to trial against the remaining defendants. Before jury selection the remainder of the case settled for an undisclosed amount.
Football Injury
Our Client v. St. Bernard's High School
$850,000 Settlement
Humboldt County Superior Court
This incident occurred during fall practice for high school football at St. Bernard's High School, a Catholic high school in Eureka, California. Our client suffered a brain injury when he was performing tackling drills under the supervision of a school coach. He was injured while "face tackling" another player.
The school argued that the tackling method was acceptable and that our client had assumed the risk of injury by participating in the contact sport of tackle football. We argued that face tackling is an illegal and dangerous tackling method because it increases the risk of head and neck injury.
Baseball Injury/Team Hazing
Our Clients v. San Francisco Unified School District
(Wallenberg High School)
Confidential Settlement
San Francisco Superior Court
Our clients were several freshmen on a high school baseball team. It had been a tradition at this particular public high school for freshmen to go through hazing to become members of the baseball team. The head coach knew, but turned a blind eye to this practice. The hazing consisted of sexual pranks that were degrading and demeaning to the students. As a result, several players quit playing baseball and were emotionally traumatized by the sexual acts. The school defended itself by arguing that it was unaware of these activities and that any involvement by the freshmen was consensual.
Gymnastics Injury
Our Client v. East Bay Gymnastics Center
Confidential Settlement
Contra Costa County Superior Court
Our client was a young girl attending a birthday party at a gymnastics center. The center had parallel bars, trampolines and other types of gymnastics equipment for the children to use during the party. Supervision was inadequate and our client seriously injured her arm while she was attempting to use the parallel bars.
Amusement Park Accident
Our Client v. Amusement Park Operator
Confidential Settlement
Alameda County Superior Court
Our client, a young boy from Fremont, California, was on a ride at an amusement park that involved a large conveyor belt to move people through the ride. As he was nearing the end of the belt, his hand got caught in the belt and his palm was ripped from his hand. We argued that the ride was defective and dangerous in that there was ample room for a small hand to get caught in the moving belt.
Car Rally
Our Client v. Classic Car Club
$900,000 Settlement
Contra Costa County Superior Court
Our client was the wife of the defendant who owned a vintage Austin-Healey convertible and was a member of the board of directors of a touring club that held rallies. She had accompanied her husband to a rally in the Monterey, California, area. During the rally he lost consciousness and veered off the road and crashed. Our client suffered serious facial injuries when her head hit the windshield and dashboard because the car was equipped only with a lap seat belt.
Our client contended that her husband was negligent in not telling her that some time in the distant past he had suffered from seizures. Had she known, she would not have ridden in such a vehicle with him. The defense argued that this was an act of God and there was no negligence. The defense also argued that it did not believe that our client was unaware of her husband's medical history. After extensive depositions and motions, the case settled during mediation.
Camping Death
Client Family v. Target Stores, Inc. and Academy Broadway, Inc.
$671,000 Jury Verdict
Alameda County Superior Court
Our client and his wife decided to go camping in the Hope Valley just south of Lake Tahoe. It was the couple's anniversary so as a gift they purchased a new canvas cabin tent from Target Stores in Dublin, California. The tent was made in China but it was designed, assembled and marketed by a Smithtown, New York, company named Academy Broadway Inc.
Our client set up the tent next to a quiet stream and used the metal stakes that came with the tent to anchor it. There were approximately 14 stakes and they were V shaped and six inches long. The tent had a floor and a zip-up window and door. The tent also came with an attached canopy, which was held up by poles and anchored by stakes.
While our client was cooking breakfast beneath the canopy, a strong gust of wind came up and the canopy collapsed. The wind uprooted all of the tent stakes from the ground and lifted the tent in the air, with the wife in it. She weighed over 150 pounds. The other material in the tent weighed at least another 100 pounds or more. The tent flew about 60 feet into the air before it landed on large rocks nearby.
The wife was unconscious and bleeding from her ears when her husband reached her. He screamed for help but it took more than an hour for emergency vehicles to arrive to treat her. She died of massive head injuries shortly after arriving at the hospital.
We retained a New Jersey tensile architect as an expert. He testified that the tent was defective in design because its stakes were too short and were of the wrong design. We conducted extensive discovery and found that Target's replacement stakes were considerably longer and better shaped to retain a tent. We also discovered that the manufacturer had never really "designed" the tent for wind and had no idea how it would perform in windy conditions.
The defense argued that the tent was not defective and that the wind could not have lifted it straight up in the air as our client described. The company argued that the number, quality and design of the stakes was adequate. It also argued that a large dust devil uprooted the tent.
The jury held for our client. This is the only such case of its kind in the country. Prior to this case, tensile architects had considered the effect of wind in the design of larger structures like the Hubert Humphrey dome in Minneapolis and the Denver Airport but most tent manufacturers had not. The verdict got the attention of the tent industry and it now realizes that tent designers must consider the effect of wind (e.g. lift) on tent structures.
Target Shooting Injury
Our Client v. Target Shooter
$125,000 Settlement
Contra Costa County Superior Court
Our client was driving in Orinda, California, with his wife and children in the car. He felt something hit his lower neck and discovered he was bleeding. A stray pellet from a pellet gun had lodged in his neck. He stopped at a nearby house to call 911, at which time he started to feel worse. When the police investigated the area, they found a young man in a house near the road who was target shooting. Apparently, the young man missed his target and the pellet struck our client.
Fireworks Accident
Our Client v. Manufacturer of Fireworks Device
Confidential Settlement
Alameda County Superior Court
Our client was a man in his 40's from Fremont, California. For the 4th of July, he bought some fireworks with the intention of lighting them with his children. One of the devices he bought was a Screaming Meemie that made a very shrill, loud noise when lit. Unfortunately, the noise was so loud that it permanently injured our client's hearing. The defense argued that he had sustained some hearing loss from attending rock concerts as a teenager but our medical expert and acoustical engineer proved that the device had the intensity and duration to cause significant high frequency hearing loss.
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