Verdicts and Settlements

Shore, McKinley, Conger & Jolley, LLP is one of the most respected personal injury law firms with offices in Walnut Creek and Stockton, CA, serving the greater San Joaquin Valley. Our attorneys work tirelessly with our clients to obtain fair and just resolutions for their injuries in all types of cases. Below is just a sampling of the verdicts and settlements we have secured for our clients recently.

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FAILURE TO DIAGNOSE SPINAL STENOSIS

Settlement of $600,000 in medical malpractice case

This client was a patient that experienced increasing gait, coordination and neurological complaints for a number of years. He was erroneously diagnosed and treated for parkinsonism, when in fact he had spinal stenosis. The failure to timely diagnose and treat his condition resulted in permanent physical impairment and limitation. Our personal injury attorneys were able to retain the proper medical experts to establish causation and help this individual obtain damages for his suffering.

Our attorneys work tirelessly with our clients to obtain fair and just resolutions for their injuries in all types of cases.

INJURY TO EYE

Settlement of $750,000 in negligence and products liability case

This client was allowed to use a water balloon slingshot without proper eye protection and supervision. The slingshot failed and a portion of the device struck the plaintiff in the eye causing loss of vision. Our personal injury attorneys were able to track down the manufacturer in Florida and establish liability allowing our client to recover damages for his injury.

INJURY TO FACE

Settlement of $250,000 in negligence and products liability case

This client was allowed to use a water balloon slingshot without proper eye protection and supervision. The slingshot failed and a portion of the device struck the plaintiff in the eye causing loss of vision. Our personal injury attorneys were able to track down the manufacturer in Florida and establish liability allowing our client to recover damages for his injury.

MOTOR VEHICLE ACCIDENT

Settlement of $300,000 for back injury

This client was rear-ended in a motor vehicle accident. She had previously undergone back surgery to fuse certain vertebrae. Our personal injury attorneys were able to establish that this accident had exacerbated her condition allowing her to recover from her injuries.

BURN DURING PHYSICAL THERAPY

Settlement of $65,000 for burn injury

This client was receiving heat during physical therapy. Due to improper application she was burned. Our personal injury attorneys were able to quickly negotiate a settlement to cover her treatment, pain, and suffering.

FAILURE TO DIAGNOSE ADDISON’S DISEASE

Settlement $350,000 for medical malpractice

This client presented to her physician with a number of symptoms indicative of Addison’s disease. The physician ran the proper test and then failed to appreciate and act on the test’s results. As a consequence, this patient suffered an Addisonian crisis with significant health consequences. Our personal injury attorneys were able to retain the proper experts and establish liability allowing our client to recover for her pain and suffering.

MOTOR VEHICLE ACCIDENT – DENTAL INJURY

Verdict of $65,000 for dental injury

This client was rear ended in a motor vehicle accident and suffered an injury to his front teeth. The insurer for the negligent party contested liability, causation, and damages offering approximately $7,000 to settle the matter. Our personal injury attorneys tried the case on behalf of our client and received a jury verdict that fairly compensated our client for his injuries.

ENFORCEMENT OF BUY-SELL AGREEMENT IN DIVORCE PROCEEDING

We represented the husband in divorce proceedings. The largest community asset was a majority interest in a chemical manufacturing company husband started 25 years earlier. Pursuant to a buy-sell agreement the parties had executed a few years before while updating their estate plan, wife had to sell her interest in the stock to our client should they divorce. The agreement detailed the procedure for determining the value of wife’s 50-percent interest in the stock she and our client owned together if they disagreed as to the value of the business.

The agreement also set forth the terms of payment – our client had to pay for the stock in installments over the course of several years. The wife asserted that the buy-sell was unenforceable because it gave our client an economic advantage, and thus the agreement came about through husband’s undue influence over the wife. For strategic reasons, we stipulated that the agreement gave our client an economic advantage. We acknowledged that the advantage to our client raised a rebuttal presumption that he procured her consent through undue influence.

At trial, partner John H. McKinley proved by clear and convincing evidence that our client did not exert undue influence over the wife. The wife appealed.

On appeal, she advanced many grounds for reversal. At its core, her position was that the trial court could not have found that husband rebutted the presumption of undue influence because there was no evidence and no findings on the elements of an undue influence issue.

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Whether it is a family law matter or a personal injury case, our lawyers have fought for our clients' rights for years and look forward to serving your needs. Call us at (209) 477-8171 or contact us online to schedule a consultation with a member of our team.