Child Abuse victim awarded $1,000,000
Attorneys: Shawn Nelson & Gregory Rizio
A 36 year old was diagnosed with a multitude of disorders which were eventually linked to forced sexual contact between ages of fifteen and eighteen. Waivers were filed to allow for the statute of limitations allowance (age 27 maximum) stating she could not have known about the issues prior to this. Rizio & Nelson Plaintiff counsel gave him 48 hours to settle or face an expedited, videotaped deposition, a motion for early discovery of assets, and expedited (within 120 days) trial.
Rear End Collision survivor awarded $1,030,000
Case: Wrongful Death
Attorneys: R. Shawn Nelson and Gregory G. Rizio.
Truck driven in the course of business ran a red light and hit a vehicle with a four year old child in proper restraints who was instantly killed. The father filed the claim on behalf of his only child’s’ estate claiming wrongful death and seeking maximum insurance payouts. Rizio and Nelson successfully claimed full policy values from defendant and insurer.
Father killed with security gate awarded $1,100,000
Case: Property Liability/Wrongful Death
Attorneys:
Gregory G. Rizio & R. Shawn Nelson
Closing employee age 56 was closing gate when it came off the tracks crushing and killing him instantly. Surviving spouse and child sued manufacturer of the gate, the general contractor, the installer of the gate as well as the property owner for wrongful death and manufacturers’ defects. The original demand was for $1.2 million dollars and the insurance companies involved offered to settle for $750,000. The plaintiffs settled with all defendants for $1.1 million. All Cities paid $1.03 million, slightly over its policy limit. Fullmer paid $30,000. The DePietro defendants paid $40,000, including $17,500 from DiPietro & Sons and $22,500 from DiPietro Corp.
Stalled Car driver struck on highway awarded $1,750,000
Attorneys: R. Shawn Nelson & Gregory G. Rizio
S. Nakamora age 21 is driving in bad weather when car stalls. After contacting 911 he waits in his vehicle which is struck by a tractor trailer driving in the lane he’s broken down in. He received extensive injuries which will prevent him from working in his chosen field (cosmetology) and requiring him to have long term care. After he was transferred to a hospital in Japan after being in the hospital for more than five months in California, Nelson and Rizio was settled during mediation for $1,750,000. Of the settlement, $1 million was paid by Estrada's insurance, Sutter Insurance Company, his policy limit. $750,000 was paid by Espinosa's (driver) insurance, also Sutter Insurance Company, which totalled the policy's limit.
Failure to Defend awarded $14 million
Attorney: R. Shawn Nelson
Diamond Woodworks has a contract with Builders Staff providing payroll and workers compensation benefits. Employees are hired by Builders Staff and ‘leased’ back to Diamond Woodworkers.
D Wilcox 19 is hired by Diamond Woodworks and during first day of employment severs three fingers on a saw. A workers’ compensation is filed and denised claiming the employee was not an employee since paperwork had not been filed and they refused to defend Diamond Woodworks.
Seeking $500,000 in damages including $124,000 reimbursement of premiums paid plus interest; lost business profits of $234.000 plus interest; attorney fees in underlying case of $21,548 plus interest; and attorney fees in pursuit of the policy benefits in the amount of $229.209 Rizio and Nelson won a the compensatory award in the firm phase was $678,090. The punitive damage award in the second phase was $14,000,000.
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