The risk of a lawsuit has become a reality for every business. As a result, businesses of all kinds need protection for their assets, yet also need to pay for its obligations—medical costs, property damages and legal costs.
Walsworth’s team works with in-house counsel and claims representatives to resolve claims in an efficient and cost-effective manner. We represent a variety of businesses, including retailers, restaurants, public entities, commercial property owners, and individuals in self-insured and insured claims and lawsuits under general liability insurance policies.
We litigate a full scope of general liability matters, including but not limited to:
- Personal Injury (from slip and falls to catastrophic/wrongful death)
- Assault and Battery
- Premises Liability
- Property Damage
- Government Entity Liability
- Unfair Business Practices
- Trespass and Nuisance
- Motor Vehicle/Commercial Automobile
- Trucking Law
Understanding Our Clients
Our investment in understanding our clients’ businesses and operations tailors our representation and helps to inform a strategy that is suitable to meet specific objectives. That, coupled with our experience in handling numerous property and personal injury claims, allows us to not only oversee a claim or lawsuit, but to also suggest new and improved policies and procedures for managing both existing and future matters. Our goal is to stabilize or decrease the number of claims or lawsuits our clients face.
Actively Defending Claims
With a general liability team of over 40 attorneys, for more than 25 years, Walsworth has handled hundreds if not thousands of this type of claim, which affords us the opportunity to actively manage and thoroughly evaluate them to identify risk and potential exposure.
While we focus on resolving cases early in the process, we are fully prepared to defend our clients in trial when necessary.
- Desimone v. Select 1 Realty – Represented owners and managers of a leased residential property where the plaintiffs/tenants claimed that a four-month-old baby died as the result of exposure to mold, allegedly caused by water leaks in the home. Following the retention and review of the case by our expert, the defense position was that the baby died as the result of sudden infant death syndrome (SIDS). The plaintiffs ultimately accepted an extremely low value settlement.
- Various Plaintiffs v. Regional Grocery Store Chain – Oversee and manage numerous litigation matters for a regional grocery store chain, resulting in the favorable resolution of multiple slip and fall and Americans with Disabilities Act (ADA) claims.
- Robinson v. Large Corporation – Successfully defended and favorably resolved a catastrophic personal injury matter with debilitating injuries. The case involved a vehicle collision where we defended an employee driver who was under the influence of alcohol, and had admitted liability. The case resolved for less than 25 percent of the initial demand following expert depositions and pre-trial motions.
- Plaintiff v. Auto Insurance Company – Represented the defendant in an admitted liability case involving a car accident with disputed costs involving past and future medical treatment and loss of earnings. After trial, plaintiff was awarded 10 percent of his final 6-figure demand.
- Lhotka v. Geographic Expeditions – Successfully negotiated a settlement for a fraction of the original demand in a wrongful death case involving a climb on Mt. Kilimanjaro.
- Cardinalli v. Monterey Checker Transportation, Inc. – Successfully secured a defense verdict for a taxi company and corporate directors in a business dissolution, employment and breach of fiduciary duty jury trial. The defense verdict was subsequently appealed by the plaintiff. The verdict was upheld on appeal in the Sixth Appellate District with the California Supreme Court and United States Supreme Court denying review.
- Vivas v. Southern Counties Express – Secured a defense verdict in an accident involving a small car and a tractor-trailer. It was suspected that this was a fraudulent lawsuit and, during trial, we proved that two of the plaintiffs had lied under oath about critical aspects of the case.
- Green v. Property Owner – Represented the property owner of a large commercial and retail center in Los Angeles in a case where a disabled woman in a wheelchair fell and broke her neck on the premises. Compliance with building codes and a prior accident at the same location were at issue. Successfully secured a settlement for a fraction of the 7-figure demand.
- City of Huntington Beach v. Red Onion Restaurant – Secured a defense verdict in a First Amendment and nuisance case involving an alleged obscene bar promotion that purported to violate a city ordinance. We convinced the jury that city ordinance acted as a prior restraint on free speech.
- Plaintiff v. Franchisor – Successfully represented a franchisor for a full-service casual family restaurant chain where the plaintiff questionably claimed a slip and fall resulting in orthopedic injuries. The case was dismissed after video surveillance was sent to plaintiff’s attorneys.
- Ekdahl v. Holmes Western Oil Corporation – Summary judgment granted in an action involving an independent contractor’s employee who was rendered a paraplegic during a workplace accident in which the employer failed to secure its own oil service rig in accordance with California safety regulations.
- Represented the largest natural gas distribution utility in the United States in the settlement of an employee-driven auto accident case.
- Plaintiff v. Local Restaurant – Represented restaurant in a claim for negligence, intentional tort and premises liability. Plaintiff alleged that the restaurant allowed alcohol to be served to intoxicated customers and employees without a liquor license, which resulted in an altercation in which plaintiff was seriously injured.