William D. Shapiro

FIRM IMPACT:

Safer Roadways in the Community

Safer Premises

IMPACT ON OUR COMMUNITY:

The American Civil Jury system has had tremendous impact on the lives of people all over the world. As a direct result of civil liability actions brought in this country, products are constantly being made safer and roadways are more efficient, as well as being the safest they have been in history. Many large companies have "risk management" departments who evaluate potential areas of liability for the purpose of preventing accidents, thus preventing liability.

The Law Offices of William D. Shapiro is proud to be one of many law firms who have made a positive impact on the local community. So often we see the lawyer advertisements boasting of the millions of dollars recovered for a client, however, we never really know if that advertised recovery in that isolated case was truly adequate for the loss. Rather than focus on the millions upon millions of dollars we have, and continue to recover for our clients, we are equally proud of the fact that by prosecuting the many cases we have and still handle, the Law Offices of William D. Shapiro has and continues to have a direct impact in making our community a safer place. In addition to having a direct impact on our local roadways, we are proud to be instrumental in making national products safer, as well as aiding in removing dangerous products from the marketplace. In having an impact in the manner in which major insurance companies handle their claims, we have assisted in more fair and expeditious claims handling for both local as well as nationwide accident victims.

While we welcome inquiry on the many million and multi- million dollar verdicts and settlements we have recovered, below are just a few examples of the impact the Law Offices of William D. Shapiro has had in creating changes for a better and safer community:

SAFER ROADWAYS IN THE COMMUNITY:

Installation of Stop Signs:

*Litigation was instituted following the tragic death of a young teen who was struck by an approaching, crossing motorist while she was riding her bike on Devonshire Street, a road which "T" intersected with a larger roadway. The intersection had previously been "uncontrolled," which created the danger of two vehicles colliding as they did. Before the case was even successfully concluded, the City of Redlands placed a Stop sign along the street on which she had been traveling on.

Installation of Warning Signs:

*While plaintiff was riding his motorcycle northbound on Mt. Vernon Ave. in the City of Colton, a southbound motorist, who was unfamiliar with the roadway, rounded a curve on the two lane road and having misjudged the extent of the curve, crossed the centerline head impacting plaintiff, who was left a paraplegic. Mt. Vernon was an old roadway which provided access to what was formally a ranch area before the population boom. The City of Colton never brought its curve ahead, and speed placard signs up to conform with the State Traffic Manual, which were the guidelines the City followed. As such, there was a lack of curve signs, speed placards and what signs were present to warn southbound motorist were small and difficult to see. During the highly successful litigation, the City of Colton increased both the number of signs, as well as the size of the signs to more clearly warn motorist of the fact of and extent of the curve.

*San Timoteo Road in the City of Redlands is a long, dark and windy road that extends the length of the City. Several of the nearly right angles are extremely difficult to see at night, particularly for someone unfamiliar with the area. Plaintiffs' decedent was approaching from the east, heading westerly. A motorist was approaching from the west and was entering a sharp curve to the right. He was driving within the 55 mile per hour speed limit; however, crossed the center line and head impacted plaintiffs' decedent. The driver, a loving husband and father, was killed. While in trial, yet before the jury verdict was read against the City, the City of Redlands brought the traffic warning signs up to what was the City's own policy.

*The State of California placed a cross walk across the main highway in the Lake Arrowhead community. A non resident motorist unaware he was approaching a cross walk, fatally struck two pedestrians, a mother and her father, in the cross walk. During, and as a result of the litigation, the State investigated the signing that purportedly warned the approaching traffic of the upcoming cross walk. The State investigator requested additional signs that would make it clear to unfamiliar motorist that they were approaching a busy cross walk. In investigating this tragic accident, The Law Offices of William D. Shapiro canvassed door to door to determine what complaints were submitted to the state before this tragedy. We salute the many local citizens who stepped forward and provided information and statements which greatly assisted in the providing the necessary evidence that this roadway constituted a dangerous condition of public property. Just prior to the commencement of trial, the State of California entered into a settlement with the heirs and ordered additional warning signs making this community a safer place.

Widening Freeway Shoulders:

*A motorist stopped his nearly 7 foot wide truck in the right 7½ foot shoulder adjacent a call box on the Interstate 215 freeway. When the motorist went to exit by opening his door, the 4 foot door extended into the traveled lanes in which plaintiffs' decedent was approaching. After impacting the door, plaintiffs' decedent lost control of the vehicle and was killed. Cal Trans marked the shoulder with strips at 7½ foot. Cal Trans manuals called for the shoulder to be 8 feet wide, the difference arguably would have prevented the accident. Since the accident and litigation, Cal Trans has re-striped the freeway shoulder to conform with the State manuals, making the shoulder at least 8 feet as designed.

Making Signs Visible:

*Randall and Locust is a busy intersection in the County of San Bernardino's unincorporated area of Fontana, California. The intersection was controlled by a stop sign for north and southbound motorists. The east edge of Randall was bordered by several large trees on the adjacent private property. Several of these trees were overgrown to the degree that the stop sign was nearly completely hidden from the sight of northbound motorist. Not seeing the stop sign, plaintiff, driving northbound, entered the intersection and collided with an eastbound vehicle. Our swift investigation confirmed the stop sign was hidden by the trees. While litigation was pending against both the County and the bank who had repossessed the adjacent property upon which the trees were located, the County of San Bernardino removed the trees making the stop sign clearly visible. While the matter was in trial, the matter was settled for a record amount, fully compensating the brain injured victim.

SAFER PREMISES:

Improved Flooring :

*The staff traffic was so heavy next to the kitchen door of this Italian restaurant, it wore the linoleum off and, coupled with the constant trampling of oily food spills, the walkway was extremely slippery. Plaintiff fell on this slippery floor and suffered serious arm and back injuries. As a result of coefficient of friction testing, and the sheer condition of the floor, the entire floor was changed and upgraded, as well as safety mats being placed to prevent such dangerous condition.

Safer Landscaping:

*The defendant business park had, as a part of its decorative landscape, fake rocks that were made of a thin layer of cement and painted to look like real rocks. The park was located next to a popular restaurant at which the minor plaintiff's parents were waiting. While on one of the rocks, the cement of the fake rock broke through resulting in plaintiff suffering a severe leg injury. Following litigation, the "decorative" rocks were ultimately removed and/or made to withstand the weight of a person.

Safer Gas Stations:

*After plaintiff fell in an oil spill suffering serious arm injuries. During litigation, it was found that there was little if any inspection and clean up procedure for this chain of independently owned stations. By the successful close of the case, the inspection and clean up policy of a chain of gas stations soon changed increasing the number of inspections, as well as increasing the frequency of the cleanup of the bays and islands.

PRODUCT LIABILITY:

Safer Construction Equipment :

*While plaintiff was standing near a heavy piece of construction equipment, a co-worker turned on the unit while the drive function was engaged, resulting in a swing arm violently impacting plaintiff in the head, resulting in severe brain injuries. Litigation was instituted, seeking to modify the design of the equipment to include a neutral safety switch which would have prevented the unit from starting unless it was in neutral, (similar to automobiles). Following the litigation, the design of the unit did include a neutral safety switch for the protection of other workers.

*A factory employee was pinned between a pillar and a forklift that was backing up at a work site. The forklift had no backup bell. The worker was killed. After litigation was instituted, the manufacturer included back up warning devises on the lift, including audible and visual warning devices.

Improvement Garbage Truck Design:

*Plaintiff, a refuse collection employee, wore steel toed boots while having to climb on the side of the garbage truck. The truck was equipt with a stationary metal ladder made up of round bars for rungs that was welded approximately 1½ inches from the side of the truck. While plaintiff was climbing up, there was insufficient room for his boot to get a bite on the rung resulting in his falling and suffering serious knee injuries. Following litigation, the manufacturer provided a better design of ladder, which included squared off rungs that were located much farther out to enable a boot to fit safely on the step.

Changed Appliance Design:

*A major appliance manufacturer designed a large coffee pot with no "rubber feet" and with a spout that was so low the pot had to be placed on the edge of a table or surface to allow the user to put a cup below the spout. A young boy was injured in a mountain resort when the vibration of ski boots caused the pot to fall, resulting in extensive burns. Following litigation, the manufacture raised the spout and included rubber feet in the design to prevent the pot from moving.

Assisted in Removing Dangerous Products from the Market:

*A major ATC manufacturer designed a 3 wheel all terrain cycle (ATC) to include balloon type tires with no front suspension, as well as a differential which would enable the rear wheels to move independently, an allowing the unit to turn. While riding the ATC in sand, plaintiff went to turn to avoid a rock, the ATC did not respond and, upon impact with the rock, the balloon tires and lack of suspension threw plaintiff off the bike, rendering him paraplegic. The accident occurred during a time of much controversy as to the safety of ATC vehicles. Mr. Shapiro who was a member of the ATC litigation group, testified before sub-committee hearings of the Consumer Product Safety Commission with regard to the safety of these vehicles. Following this successful litigation, the manufacturer and the Commission entered into an agreement to remove all such vehicles from the market place.

*Minor plaintiff was severely burned over nearly 42 % of his body when the family home caught fire. During the investigation, it was suspected that the fire was caused by a gel candle due to the burn pattern. After litigation was commenced, extensive discovery and in-depth investigation uncovered that both the manufacturer and the distributor of the subject gel candle was aware their product was failing. As a result of this and other claims, both the manufacturer and the distributor are no longer manufactureing or distributing this or any type of gel candle.

INSURANCE MATTERS:

Help Change the Clains Handling Practices of a Major Disability Carrier:

*When a local railroad employee purchased a car from a local dealer, he was urged to and did purchase disability coverage that provided that in the event he became disabled, the insurance company would pay the car payments. Within a year of the purchase of the coverage, co-workers noticed he was becoming hunched over at the back. After a medical exam, it was found he had a rare form of arthritis and the railroad physician rendered him "permanently disabled." The insurance company began paying the car payments; however, after a year, they refused to pay, claiming he was able to return to his job. Even though the treating doctor stated he was "permanently disabled" in the submitted medical report, the carrier considered this as meaning the disability was for around 3 months. Aside from the verdict, including the payments that were due under the policy, the jury's verdict included a significant punitive damages award, a jury verdict that changed the policies of the company.

Help to Fashion Coverage Changes in Policies:

*Plaintiff was seriously injured when an adverse driver crossed the center line and head impacted into her vehicle. The adverse driver was a "permissive user" of the owner who was insured by the Mercury Insurance Company. Although the Mercury policy provided limits of $100,000.00 per person, there was a clause buried in the back page of the policy in 8 pt. pica type, not in bold print, not headed, and not italicized, that indicated a purported reduction in coverage for permissive users to only $15,000.00 as opposed to the declarations page policy limits of $100/$300. In a Declaratory Relief Action, the enforcability of that reduction clause was litigated as being inconsistent with the legal mandates of such limiting clauses. On behalf of plaintiff, the Law Offices of William D. Shapiro contended this clause was not conspicuous, thus unenforceable. The court held the clause was in fact not enforceable as it was not conspicuous as mandated by law. We look for the Mercury Insurance Company to change their policy.

NOTE: The insurance company appealed the verdict. The 4th District Court of Appeal affirmed the ruling in their published opinion which further made California Law on the subject. The appeal can be located at Thomson vs. Mercury Casualty Insurance Company (2000) 84 Cal App 4th 90.

Changed Appliance Design:

Assisted in Removing Dangerous Products from the Market:

*Minor plaintiff was severely burned over nearly 60 % of his body when the family home caught fire. During the investigation, it was suspected that the fire was caused by a gel candle due to the burn pattern. After litigation was commenced, extensive discovery and in-depth investigation uncovered that both the manufacturer and the distributor of the subject gel candle was aware their product was failing. As a result of this and other claims, both the manufacturer and the distributor are no longer manufactureing or distributing this or any type of gel candle.

MEDICAL MALPRACTICE:

Medical Care for Fractures:

*Plaintiff, a diabetic and an employee of a medical center, stepped on a can and experienced immediate pain in her heel. She saw the doctor at the medical center (her HMO) who within weeks took x-rays which were read as an old fracture. Plaintiff continued to return complaining of the pain, with no additional x-rays being taken, no referral to an ortho being made. After weeks and months went by, plaintiff kept returning only to ultimately undergo a bone scan, which clearly demonstrated the new fracture that the doctor had never treated. Plaintiff lost the majority of her heel after the fracture became infected. The physician certainly modified her medical protocol and manner of handling heel fractures following the 7 figure verdict against the doctor.

Surgical Procedures:

*Plaintiff's decedent had been beaten and robbed by vandals while on his food truck route. He was taken to a major medical center where, due to a fractured arm, he underwent surgery to reduce the fractures. While under the general anesthetic, this otherwise healthy middle aged man went into cardiac arrest. It was found that while on assisted breathing, no one assisted and he expired from what is a relatively simple operation. The medical facility modified its policies with regard to assisted breathing and checks.

Risks and Consent:

*Plaintiff had gone in to his HMO for an adult circumcision. The doctor advised of risks of bleeding and infection but nothing else. After the surgery, plaintiff had restricted use and limitations. With the jury returning the verdict against the negligent doctor, we are confident he will advise other patients of the real risks in certain surgeries.

Theft of a Song:

*After writing, copyrighting and recording an original song, local Southern California songwriters began the vocal tracks on the record. They were referred to a popular background vocalist, who normally worked with a huge nationally known, beautiful Pop singer. While this background vocalist was in the LA area with this national artist to do the Arsenio Hall show, he was given a copy of the plaintiff's song to become familiar with it and to learn it. Although he didn't sing on plaintiffs' song, the tape made its way to the nationally known artist, who recorded a song with music and instrumentation nearly identical to the song that was on the tape. After that song, which was the feature song on a smash hit album that went number one and 5 Platinum, litigation was instituted to recover for the copyright infringement. After years of litigation, plaintiffs accepted a very large settlement, the terms of which were court ordered not to be disclosed. It is believed that such experience will deter such conduct.

VEHICULAR SAFETY:

*As with many law firms handling serious personal injury law, the Law Offices of William D. Shapiro has long been involved in the prosecution of personal injury actions based upon the negligent driving of motorist. In addition to licenced drivers, we have litigated actions against Bus drivers and companies, Taxi drivers and companies, Commercial Truck drivers and companies, as well as public entity drivers and motorist from every walk of life. In most recent years, we have been involved in numerous fatal and multi-fatal accidents where drivers of major trucking concerns caused grave human tragedies on our roads and highways. By litigating such matters, the Law Offices of William D. Shapiro joins the other major law firms in bringing to the fore front major flaws in major trucking concerns, flaws in record keeping and flaws in drug use and excessive driving.

CONCLUSION:

We so often hear the exploits of the "lawsuit happy people" who do nothing but file ridiculous actions. How many times do we read in the paper, periodical or see on a TV commentary or magazine show outlandish cases being highlighted where an insurance company or investigative reporter has "caught" a fraudulent claimant on camera, segments dramatizing the misuse of the civil system.

The Law Offices of William D. Shapiro congratulates the many insurance companies that have Special Fraud Investigation Units to uncover and prosecute claimants and any attorneys who knowingly advocate fraudulent claims. However we hope each time a newspaper or TV show dramatizes a purported fraudulent claim, they give equal time to those catastrophically injured or killed by negligent drivers, products known by the manufacturer to be defective, roadways known to pose grave dangers or negligent health care. Equal time need be spent investigating the many insurance companies who wrongfully deny rightful claims, HMO’s or health providers who decline to provide necessary treatment; the disability carrier who denies benefits to the victim of a disability or a life company denying benefits to a needy widow or children.

Likewise, whenever the discussion turns to the alleged, "sue happy," society we now have, we hope the conversation points out that civil filings are significantly down, and that when cases are filed, they most often represent a seriously injured victim who is represented by an ethical lawyer, committed to help the cause of the client.

It is the civil lawyer who has long provided the non governmental system of checks and balances. The civil personal injury lawyer who through his or her representation of injured victim or their family, is able to bring about change, safer roadways, vehicles, premises, and conduct. It has been the "contingent fee agreement," that provides the victims and families of tragedies, to hire the very best in legal talent to fight even the wealthiest insurance companies, product manufacturers, health providers and others who have unlimited resources.

The Law Offices of William D. Shapiro is proud to be among those civil lawyers who, in addition to having improved the lives of our clients for the multi-millions of dollars recovered, we have been instrumental in creating change in our community, making the world a safer place.

The Law Offices of William D. Shapiro