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Emerging Claims – What’s Hiding in the Bushes?National Trends in Claims and Litigation in the Public Sector
State Risk & Insurance Management Association
David Matthiessen – Director, ClaimsMunich Reinsurance America, Inc.September 10, 2007
2
Agenda:National Trends and EmergingClaim Issues in the Public Entity Sector
National Trends and Verdicts/Settlements
Public Entity Trends and Verdicts/Settlements
Public Entity Emerging Claim Exposures
1. Strip Search
2. Police Excessive Force
3. Employment Practice Liability
Other Significant Public Entity Exposures
1. Police Pursuit
2. Dangerous Conditions on Public Property
3. All other
3
National Trends and Verdicts
4Source: 2007 US Chamber of Commerce State Liability Systems Ranking Study. The full study is available at www.instituteforlegalreform.org.
Best Moderate Worst
Map of Overall Ranking of State Liability Systems
TX
NM OK
KS
AK
LA
CO
MS AL GA
FL
AZ
WY
NE
MO
IL
AK
SD
IAMI
OHUT
ND
MN
IN
PA
NY
KY
TN
VAWV
SC
ME
NC
NHVT
MA
NJRI
CT
DE
MD
NVC A
OR
WA
MT
ID WI
5
Cities or Counties with the Least Fair and Reasonable Litigation Environment
State Total %Los Angeles, California 13
Chicago/Cook County, Illinois 11Madison County, Illinois 9
Mississippi (other mentions) 8
New Orleans Parish, Louisiana 6
Miami/Dade County, Florida 6
San Francisco, California 5
New York Greater Metropolitan Region 4
New York (other mentions) 4
Philadelphia, Pennsylvania 4
Beaumont, Texas 3
Source: 2007 US Chamber of Commerce State Liability Systems Ranking Study. The full study is available at www.instituteforlegalreform.org. Base: General Counsel/Senior Litigators (N=1599)
6
Juries’ Predictability
Best WorstNebraska West Virginia
Utah Alabama
Indiana California
Tennessee Mississippi
Kansas Louisiana
Juries’ Fairness
Best Worst
Nebraska West Virginia
Minnesota Mississippi
Wisconsin Louisiana
Iowa Alabama
South Dakota Illinois
Source: 2007 US Chamber of Commerce State Liability Systems Ranking Study. The full study is available at www.instituteforlegalreform.org.
Summary of Top/Bottom 5 States By Key Elements
7Source: Insurance Information Institute, American Tort Reform Association. Judicial Hellholes 2006.
Texas
Rio Grande Valley and Gulf
Coast, TX
South Florida
ILLINOIS
Cook County
Madison County
St. Clair County West Virginia
*According to ATRA, “A number of factors contribute to a Judicial Hellhole designation, including the prevalence of forum shopping, novel legal theories, and discovery abuse, as well as the certification of class action lawsuits, the proliferation of junk science, contributions to judges and the uneven application of evidentiary rules.
Watch List
Miller County, Arkansas
Los Angeles County, California
Philadelphia, Pennsylvania
Orleans Parish, Louisiana
Delaware
ATRA’s 2006 “Judicial Hellholes”*
8
Highest Indemnity Award for aSingle Bodily Injury
$124.0
$10.8
$7.3
$7.2
$5.9
$5.8
$5.5
$5.0
$4.3
$3.4
$3.3
$3.2
$2.0
$1.9
$1.4
$0.6
$0.6
$0 $20 $40 $60 $80 $100 $120 $140
U.S.
Switzerland
Australia
Germany
Belgium
UK
France
Canada
Italy
Spain
Hong Kong
Japan
Austria
Sweden
Norway
Denmark
Portugal
Sources: Insurance Information Institute
Geography Matters
U.S. awards are gargantuan compared to those in other countries
10Source: Jury Verdict Research. Current Award Trends in Personal Injury, 46th Edition (2007)
LESS THAN$100,000
$100,000 -$249,999
$250,000 -
$499,999
$500,000 -$999,999
$5 MILLIONAND OVER
$1,000,000 -$4,999,999
1995 2005
63% 62%
11%
8%
13%11%
8%7%
6%5%
6%
Rising Jury Awards
11
Loss Severity Trends are ImpactingHigher Layers of Coverage
A Tillinghast study indicates that:
losses in excess of $25,000 have an annualized trend of 9.8%;
losses in excess of $100,000 = 12.2%;
losses in excess of $500,000 = 18.1%.
An analysis of ISO data and Jury Verdict Research data results indicates a loss trend in recent years to be between 15% to 22% for umbrella layers attaching excess of 1MM primary.
Source: Best Review, In Need of Repair, Nov. 3, 2006
12Source: Lawyers USA, July 2007.
Value Issue State
$216.7 Million Medical Malpractice (Misdiagnosis) Florida
$160 Million Nursing Home Negligence Texas
$106 Million Wrongful Death California
$61 Million Workplace Harassment (FedEx) California
$51 Million Vioxx Louisiana
$47.5 Million Death of Prisoner Texas
$46 Million Auto Accident Missouri
$44.2 Million Business Dispute (Real estate development) Florida
$44 Million Police Brutality (Baltimore) Maryland
$38.5 Million Product Liability (Truck accident) Texas
2006 Top Ten Verdicts - Nationally
13
2002 2003 2004 2005 2006
Top Award: $28B $11.9B $1.6B $1.4B $850M
Number of Top 100
Awards Greater
Than $20 Million:
100 92 83 87 89
Median Award for
Top 100 Verdicts:*$46.9M *$36.1M *$35M *30M TBD
Source: VerdictSearch top 100 verdicts of 2002, 2003, 2004, 2005, 2006; Marsh Limits of Liability 2006 * have been adjusted for inflation
Summary of Top 100 Verdicts by Year
14
Median Compensatory Awards for Personal Injury (1999 - 2005) – Highest and Lowest States
State Median Award
Highest:
New York $250,000
Massachusetts $165,000
Lowest:
South Carolina $ 5,715
Oklahoma $ 6,317
National, Overall $ 34,418
Source: Jury Verdict Research. Current Award Trends in Personal Injury, 46th Edition (2007)
15
Punitive Awards Reported by State for Personal Injury (1999 - 2005)
State Percent of Cases Awarded
Punitive Damages
Highest:
Alabama 14%
Wisconsin 11%
Lowest:
Connecticut 1%
Maryland 1%
Washington 1%
National, Overall 4%
Source: Jury Verdict Research. Current Award Trends in Personal Injury, 46th Edition (2007)
16
Percentage of Awards of $1 Million or More(Total Awards)
Region 1998-2000 2003-2004 2004-2005 Overall
Midatlantic 12% 12% 12% 12%
Midwest 10% 18% 16% 12%
North Central 11% 11% 10% 11%
Northeast 18% 22% 25% 21%
Northwest 7% 8% 12% 7%
South Central 15% 19% 29% 18%
Southeast 10% 15% 15% 12%
Southwest 17% 34% 35% 20%
Source: Jury Verdict Research. Current Award Trends in Personal Injury, 46th Edition (2007)
17
Liability 1998 – 2000 2001 – 2002 2003 - 2004 2004 - 2005
Products Liability 60% 63% 65% 64%
Medical Malpractice 47% 50% 57% 55%
Government Negligence 33% 41% 47% 41%
Business Negligence 30% 35% 34% 32%
Premises Liability 12% 16% 15% 13%
Personal Negligence 8% 12% 16% 17%
Vehicular Liability 4% 5% 5% 5%
All Liabilities 13% 15% 17% 17%
Million-Dollar Total Awards Reported by Liability
Source: Jury Verdict Research. Current Award Trends in Personal Injury, 46th Edition (2007)
18
Average Price per $1Million of Coverage by Industry, 2006
Sector $ Cost
Highest:
Health Care $47,426
Construction $23,449
Government $21,647
Chemicals, pharmaceuticals $20,405
Lowest:
Insurance $4,770
Finance $5,541
Printing/Publishing $5,873
Education, Nonprofit institutions $5,928
Source: Marsh – Limits of Liability 2006
19
Public Entity
Liability and Verdicts
20
Rank Value Issue Venue
1. $106 M Wrongful Death (Toxicologist murdered husband
whose family claimed county negligently hired a drug
addict)
California
2. $44.3M Excessive Force (Prisoner paralyzed when officer
threw him into a wall)
Maryland
3. $36.67 M Contract (Reservoir contractor claimed city wrongfully
terminated contract and harmed reputation)
New Jersey
4. $35.84M Motor Vehicle (Cook County deputy ran light going 70
mph with no sirens or lights – hit woman – causing
incomplete paraplegia)
Illinois
5. $24.5M Motor Vehicle (Police on high-speed chase injured
other vehicles’ occupants)
Illinois
6. $21M Professional Negligence (Infant was severely brain
damaged when state placed her with foster parents)
New Jersey
Source: VerdictSearch, www.verdictsearch.com
Ten of the Largest Verdicts Against Public Entities in 2006
(Continued)
21
Rank Value Issue Venue
7. $18.03M Motor Vehicle (City of Los Angeles was sued for failing
to correct a dangerous situation – no stop sign or
traffic light at an intersection. Pedestrian suffered
brain damage.)
California
8. $18M False Arrest/Civil Rights (The Los Angeles County
Sheriff’s office was sued for the false arrest and
incarceration of a man for 10 months/10 days.)
California
9. $18M Failure to Warn (Long Island Railroad was sued by
three workers who were exposed to asbestos.)
New York
10. $17.45M Employee Benefits/Class Action (The University of
Washington was sued for breach of contract by
employees.)
Washington
Ten of the Largest Verdicts Against Public Entitiesin 2006 (continued)
Source: VerdictSearch, www.verdictsearch.com
22
Public Entity Emerging Claim
Exposures
23
Strip Search
24
Jail Strip Search – A New “Mass Tort”
The expression "mass torts" generally refers to class actions
involving defective products, such as asbestos, breast implants,
tobacco, securities, etc.
It is rare for a government to be the target of a mass tort suit, and it
is very rare for a federal civil rights claims for damages to be the
foundation of a mass tort claim.
Yet this is exactly what is happening starting primarily with a class
action strip-search case against New York City that settled for $50
million in 2001.
25
TOP USPUBLIC ENTITY JURY VERDICTS & SETTLEMENTSFOR STRIP SEARCH CASES
Case NameTotal Settlement Description
Tyson et al vs. New York $50 M 65,000 people illegally strip-searched by jail guards after being arrested for minor offenses in Manhattan and Queens in 1996 and 1997. Case settled in 2001.
Eddleman vs. Jefferson County, KT
$11.5M 4000 people were subjected to illegal strip search.
Wilson vs. Franklin County, KT
Up to $6M Includes juveniles.
Gary, et al vs Sheahan, Cook County, IL
$6.8M 3000 women who where strip searched after the cases against them had been dismissed and ordered released from custody.
Mac vs. Suffolk County, MA $10M 5400 class members. Based on equal protection theory. City did not have an overnight facility and women were transported to County jail and subjected to strip search.
Source: Verdict Search, Westlaw *Through 6/16/06
26
TOP USPUBLIC ENTITY JURY VERDICTS & SETTLEMENTSFOR STRIP SEARCH CASES
Case Name Total Settlement Description
Leyba et al vs. Santa Fe County, NM
$8.5M (including $2M in plaintiff attorney fees)
Case settled 7/7/06
13,000 persons subjected to illegal blanket strip search from 10/01 to 4/2005. The first class action strip search settlement in NM. Same firm handling 3 other cases currently pending in the state.
Haney vs. Miami-Dade County, FL
$6.2M (including $1.35M in attorney fees) Case settled
4/05
Lead plaintiffs were non-violent protesters that were arrested and subjected to strip-searches. 1000’s of others that were search between March 2000 and February 2005 are part of class. Mark Merin plaintiff atty.
Foreman et al vs. New Haven CT.
$2.5M (includes $834K in plaintiff
attorney fees) Case settled 4/06
1,600 arrested on minor charges and subjected to strip search.
Source: Verdict Search, Westlaw *Through 6/16/06
27
TOP USPUBLIC ENTITY JURY VERDICTS & SETTLEMENTSFOR STRIP SEARCH CASES
Case Name Total Settlement Description
Brusaschetti, et al. v. County of Sacramento, et al.
$15.5M Settlement fund established.
16,156 people arrested and charged with non-violent drug/weapon related offenses were subjected to group strip searches from 3/00 to 6/03.
Hale v. County of Sacramento, et al.
$8,659,406 including attorney fees.
Final number of class participants was 3450.
LA County $2.75M. 71 bicycle activists strip-searched after being arrested at a protest outside the 2000 Democratic National Convention. None were charged. Two dozen of the women cyclists were ordered to strip by sheriff's deputies who performed visual body cavity searches. The women were awarded $70,000 each.
Source: Verdict Search, Westlaw *Through 6/16/06
28
Trends in Strip Search Cases
Plaintiffs allege strip search policy violates constitutional rules that allow a
strip search only if a newly booked inmate had been arrested for a crime
involving drugs or violence or if guards have reasonable suspicion inmate is
concealing weapons or contraband.
Multiple Class Action Suits related to strip searches have been filed in the
last few years accusing jail officials of routinely strip-searching inmates in
violation of their constitutional rights.
29
Police Excessive Force
30
Police Excessive Force- Systemic Problem?
Excessive force cases may be tied to systemic problems within police
department, which have existed for many years. Command structure in
some cases found to have failed to take appropriate corrective actions either
with individual officers or in instituting procedures for dealing with suspects
and the use of force.
Cases involve wide range of issues, from alleged physical abuse to
fatalities caused by firearms. The incidents involved are highly charged, with
political overtones in many cases.
Less than deadly force weapons, such as tasers, pepper spray, rubber
bullets have raised claims of excessive force and improper use of weapon.
31
Police Excessive Force- Characteristics
Issues of force involve:
Degree of force used for situation
Typically involves physical force during efforts to subdue suspect
Preference to use non-lethal force, such as pepper spray, tasers, etc.
Instances often involve suspects using alcohol, drugs and or are suffering
from mental illness.
Frequency of force used
Possible use of illegal force
Use of force within department impacted by efforts to respond to demands by public
to get tough on crime, potentially leading to aggressive techniques to deal with
suspects. Use of force issues usually involves a handful of officers.
Organizational issues tied to training, policies and discipline.
32
TOP USPUBLIC ENTITY JURY VERDICTS* FORPOLICE EXCESSIVE FORCE
Case Name Verdict Date Total Award Description
Estate of Roger D. Owensby v. City of Cincinnati/ Police Dept.
Mar-06 $6,500,000(Settlement)
Excessive force used by police at time of arrest resulting in death of 29-year-old
Jaramillo v. County of Napa
July-05 $6,250,000(Settlement)
Police officer shooting of unarmed man during altercation. Plaintiff rendered a paraplegic.
Mitchell v. Los Angeles Sheriff‘s Dept.
Nov-05 $4,000,000 Police officer shot and killed deceased during an altercation involving a burglary.
Estate of Richard Bledsoe v. City of Evanston Poilce Dept.
Mar-04 $2,700,000(Settlement)
Death resulting from quadriplegic injuries sustained from neckhold in arrest of 55-year-old
33
TOP USPUBLIC ENTITY JURY VERDICTS* FORPOLICE EXCESSIVE FORCE
Case Name Verdict Date Total Award Description
Cau Bich Tran v. City of San Jose
Nov-05 $1,825,000 Police officer shot and killed innocent homeowner.
Edward Domingues v. City of New York
Jan-05 $1,750,000 17-year-old kicked during arrest, sustaining a traumatic scrotal hematoma and repture of right testicle.
Local 10, International Longshore and Warehouse Union v. City of Oakland
Mar-06 $1,554,750(Settlement)
Nine dockworkers and 49 demonstrators protesting Iraq War injured by police officers. Plaintiffs alleged excessive force, false arrest and malicious prosecution.
Smith v. City of San Jose
Jun-05 $1,054,000 Death resulting from excessive force by police officers during arrest procedures.
Source: Verdict Search, Westlaw *Through 6/16/06
34
Employment Practice Liability
35
Trends in Employment Practice Liability
Causes of action: discrimination, ADA, hostile work environment,
retaliation, sexual harassment, wrongful termination, violation of whistle-
blower laws.
May involve Family and Medical Leave Act and Equal Pay Act, or any
equivalent state statutes
Frequently involves multiple contentions (e.g. sexual harassment and
hostile work environment)
Source: Jury Verdict Research. Employment Practice Liability: Jury award Trends and Statistics. 2005 Edition.
36
5%
37%
12%
46%
Transportation
Government Entities
Manufacturing/Industrial
Service/Retail
Employment Practice Liability:Analysis by Defendant Type (1998-2004)
Source: Jury Verdict Research. Employment Practice Liability: Jury award Trends and Statistics. 2005 Edition.
37
Employment Practice Liability:Award Trends (1998-2004)
Source: Jury Verdict Research. Employment Practice Liability: Jury award Trends and Statistics. 2005 Edition.
Defendant Type Median Probability Range Total Range Mean
Government
Entities
$200,000 $75,000 - $500,000 $1 - $36.5M $544,371
Manufacturing/
Industrial
$250,000 $65,749 - $767,250 $1 - $25.7M $839,212
Service/Retail $137,853 $40,000 - $417,717 $1 – $18.8M $492,913
Transportation $200,000 $50,000 - $500,000 $1 - $10.0M $544,473
All defendants $175,000 $50,527 - $500,000 $1 - $36.5M $553,761
38
Employment Practice Liability: Distribution of Awards Against Government Entities(1998 – 2004)
Award Range ($) Percentage
1 – 4,999 2%
50,000 – 9,999 2%
10,000 – 24,999 6%
25,000 – 49,999 8%
50,000 – 74,999 7%
75,000 – 99,999 6%
100,000 – 249,999 25%
250,000 – 499,999 20%
500,000 -749,999 8%
750,000 – 999,999 4%
1,000,000 – 1,999,999 9%
2,000,000 – 4,999,999 4%
5,000,000 + 1%
Source: Jury Verdict Research. Employment Practice Liability: Jury award Trends and Statistics. 2005 Edition.
39
TOP USPUBLIC ENTITY JURY VERDICTS* FOREMPLOYMENT PRACTICE LIABILITY
Case NameVerdict Date Total Award Description
Johnson v. State of California (CA)
Jul-05 $20,000,000 Age discrimination against an 80 year old prison physician.
Alberigi v. County of Sonoma (CA)
Mar-06 $6,500,000 County refuses to accommodate and retaliates against a mentally disabled long-time employee.
Yolanda Olivarri v. City of Public Service Board of San Antonio (TX)
Sep-05 $5,850,575 Sexual harassment – meter reader was groped and subjected to sexual comments.
Source: Verdict Search, Westlaw *Through 6/16/06
40
TOP USPUBLIC ENTITY JURY VERDICTS* FOREMPLOYMENT PRACTICE LIABILITY
Case NameVerdict Date Total Award Description
Welch v. City of Anaheim (CA)
Jul-05 $5,215,200 Police lieutenant – lack of promotion opportunities due to disability.
Arpad Tolnay v. City of New Haven (CT)
Dec-05 $5,150,903 Retaliation and demotion for office making comments on several individuals’ strong political influence.
Ulrich v. City and County of San Francisco (CA)
Jun-04 $4,300,000 Violation of physician’s civil rights by hospital in retaliation for criticism.
Source: Verdict Search, Westlaw *Through 6/16/06
41
TOP USPUBLIC ENTITY JURY VERDICTS* FOREMPLOYMENT PRACTICE LIABILITY
Case NameVerdict Date Total Award Description
Christine Boone v. Pennsylvania Office of Vocational Rehab. And PA Dept. of Labor and Industry (PA)
Nov-05 $3,355,000 Discrimination and defamation against a blind attorney employed as director of the Bureau of Blindness.
Johnson, Zubris, Pilosi, Bracchi v. School Dist. Of Philadelphia (PA)
Dec-05 $2,700,000 Plaintiffs’ terminations and denial of promotions motivated by racial discrimination.
Hogan v. Kansas City Board of Police Commissioners (MO)
Dec-05 $2,700,000 Age discrimination of a 54 year old officer – hostile work environment.
Source: Verdict Search, Westlaw *Through 6/16/06
42
TOP USPUBLIC ENTITY JURY VERDICTS* FOREMPLOYMENT PRACTICE LIABILITY
Case NameVerdict Date Total Award Description
Auvenshine v. Troy School District (NY)
Apr-06 $2,400,000 Racial discrimination of Chinese female math teacher in receiving negative evaluations and wrongful termination.
Morse v. City of Inglewood (CA)
Jan-05 $2,400,000 Two police officers subjected to disparate treatment due to race.
Kotla v. Regents of the University of California (CA)
May-05 $2,100,000 Employee fired for testifying on behalf of co-worker in sexual harassment suit.
Source: Verdict Search, Westlaw *Through 6/16/06
43
TOP USPUBLIC ENTITY JURY VERDICTS* FOREMPLOYMENT PRACTICE LIABILITY
Case NameVerdict Date Total Award Description
Glenn-Davis v. Oakland Police Department (CA)
Mar-06 $2,000,000 Failure to promote office – sex and pregnancy discrimination in violation of Title VII.
Barth v. Village of Mokena (IL)
Jun-06 $1,700,000 Ranking police officers retaliated against female office for complaining about hostile work environment.
Mokler v. Orange County Office on Aging (CA)
Apr-05 $1,700,000 County employee terminated after making claims her office violated state funding requirements.
Source: Verdict Search, Westlaw *Through 6/16/06
44
Other Significant Public Entity
Claim Exposures
45
Police Pursuit
46
Police Pursuit
Effect of Scott v. Harris
Still a Significant Claim Exposure?
47
TOP USPUBLIC ENTITY JURY VERDICTS* FORPOLICE PURSUIT
Case NameVerdict Date Total Award Description
Guardians of Eric Brody v. Broward County Sheriff’s Office (FL)
Dec-05 $30,609,298 Police vehicle struck another vehicle at more than 50 mph resulting in coma and brain injury.
Estate of Owen v. City of Dearborn (MI)
Jul-05 $25,000,000 Innocent driver killed by officer engaged in high-speed chase on newly fallen snow.
Gaston v. City of Springfield (IL)
Mar-06 $24,000,000 Three males injured including quadriplegia due to police negligence during vehicle pursuit.
Source: Verdict Search, Westlaw *Through 6/16/06
48
TOP USPUBLIC ENTITY JURY VERDICTS* FORPOLICE PURSUIT
Case NameVerdict Date Total Award Description
Hudson v. City of Chicago (IL)
Jul-05 $17,682,374 Driver struck by police vehicle involved in a chase that was neither wanted or needed.
Estate of Qing Chang and Baby Chang v. City of Chicago (IL)
Nov-05 $17,500,000 Negligent police pursuit – police vehicle struck and killed pregnant female pedestrian.
Plaintiff v. Pinellas County Sheriffs Office (FL)
No Date Given
$7,018,976 Negligent police pursuit – failure to warn of approach. Two people were killed ages 20 and 23.
Morrison, Lewis, Rosin v. City of Scottsdale (AZ)
Dec-05 $1,500,000(Settlement)
Illegal police chase on a one-way street caused fleeing vehicle to impact decedent’s vehicle.
Source: Verdict Search, Westlaw *Through 6/16/06
49
Dangerous Conditions on Public Property
50
Dangerous Conditions on Public Property
Generally, in order to recover damages related to a Dangerous condition on
public property, the plaintiff must establish the following:
1. The property was in a dangerous condition;
2. The dangerous condition was the cause of the plaintiffs injuries;
3. The condition created a reasonably foreseeable risk of the type of injury
plaintiff sustained and;
4. The entity either created the condition or had actual or constructive notice
of its existence.
51
TOP USPUBLIC ENTITY JURY VERDICTS* FORDANGEROUS CONDITIONS ON PUBLIC PROPERTY
Case NameVerdict Date Total Award Description
Medina v. City of Fontana
Sep-04 $37,500,000 Student struck and killed walking to school – absence of sidewalks blamed
Dominguez v. City of San Francisco
Sep-05 $27,000,000(Settlement)
Wrongful death by city’s failure to remedy hazardous condition at pedestrian crosswalk.
Betts v. State of California
Jun-05 $17,003,882 Improper location of designated chain installation on mountain pass highway.
Source: Verdict Search, Westlaw *Through 6/16/06
52
TOP USPUBLIC ENTITY JURY VERDICTS* FORDANGEROUS CONDITIONS ON PUBLIC PROPERTY
Case NameVerdict Date Total Award Description
Ramirez v. Cal Trans Oct-05 $9,995,000 Driver and occupant fatalities from dangerous highway condition and lack of guardrails at California aqueduct.
Maria L. Tipaldo v. City of New York (NY)
Mar-06 $9,500,000(Settlement)
Multi-vehicle impact from city failing to properly safeguard bridge.
Confidential v. Contra Costa County
May-05 $5,788,400(Settlement)
Collision occurred when driver failed to stop at stop sign partially obscured by vegetation.
Source: Verdict Search, Westlaw *Through 6/16/06
53
TOP USPUBLIC ENTITY JURY VERDICTS* FORDANGEROUS CONDITIONS ON PUBLIC PROPERTY
Case NameVerdict Date Total Award Description
Cornette v. State of California
Mar-04 $5,673,790 Couple injured when their vehicle struck by another due to CalTran failing to place median barrier on roadway.
Navarra v. City of Oakland
Nov-05 $5,270,000 Injuries sustained at intersection crash with improperly pruned vegetation restricting vision.
Estate of Christopher Scott v. City of NY and Edward Gladick (NY)
Nov-05 $4,500,000 City failed to maintain roadside foliage obstructing clear view of individuals in crosswalk.
Source: Verdict Search, Westlaw *Through 6/16/06
54
TOP USPUBLIC ENTITY JURY VERDICTS* FORDANGEROUS CONDITIONS ON PUBLIC PROPERTY
Case NameVerdict Date Total Award Description
Sehrer v. State of California
Feb-05 $4,399,401(Settlement)
Dangerous condition created on roadway as design did not allow for proper water drainage.
WEI v. The City of Pittsburgh (PA)
Oct-05 $3,679,000 Improper maintenance of roadway at intersection/crosswalk.
Villegas v. City of New York (NY)
May-06 $2,750,000(Settlement)
Pregnant female falls on wet stairway with hazardous handrail at a Staten Island public school.
Source: Verdict Search, Westlaw *Through 6/16/06
55
TOP USPUBLIC ENTITY JURY VERDICTS* FORDANGEROUS CONDITIONS ON PUBLIC PROPERTY
Case NameVerdict Date Total Award Description
McDonald v. City of Fort Bragg
Feb-04 $2,300,000(Settlement)
Disabled pedestrian injured in crosswalk – obstructed view.
Estate of D’Andre Joseph Monk v. Burlington County Special Services School (NJ)
Mar-06 $1,800,000 Non-swimmer drowned in community pool.
James L. Mazzarini Sr. v. Commonwealth of Pennsylvania (PA)
Oct-05 $1,500.000 Uneven roadway blamed for SUV rollover.
Source: Verdict Search, Westlaw *Through 6/16/06
56
All Others
57
All Others- Significant Exposures
Cases include various types of exposures, generally broken down between
law enforcement, transportation, and education.
The cases involve primarily vehicle-related accidents, though there are
also land use, professional liability, breach of contract, among others.
58
TOP USPUBLIC ENTITY JURY VERDICTS* FORALL OTHERS
Case Name Verdict Date Total Award Description
Estate of Huggins v. Eastern Healthcare Sumter Co. (SC)
Dec-05 $28,500,000 Inmate did not receive insulin while jailed.
Carol Ann Agster, et al. v. County of Maricopa, et al (AZ)
Mar-06 $9,000,000 Prison personal failed to properly care for inmate with methamphetamine overdose and drug history.
Blackwell, Carey, Kevalis v. Bailey Cook, Town of Seymour, et al. (CT)
Dec-05 $6,284,419 Fatal auto accident, motor vehicle municipal liability.
Source: Verdict Search, Westlaw *Through 6/16/06
59
TOP USPUBLIC ENTITY JURY VERDICTS* FORALL OTHERS
Case Name Verdict Date Total Award Description
Estate of Michele and Aleck Gunther v. Bay City Public Schools (MI)
Oct-05 $5,960,000(Settlement)
School bus struck and killed student walking across the street.
Shraff Ali v. NYC Transit Authority (NY)
Mar-06 $5,139,075 Driver failed to properly secure wheelchair-bound passenger.
Alboroy Bartley v. City of NY and NYC Board of Education (NY)
Apr-06 $4,500,000 Negligent supervision when student’s eye was destroyed by classmate’s punch.
Source: Verdict Search, Westlaw *Through 6/16/06
60
TOP USPUBLIC ENTITY JURY VERDICTS* FORALL OTHERS
Case Name Verdict Date Total Award Description
Marlene Allen and Estate of Allen v. Mass. Bay Transit Authority (MA)
Oct-05 $3,900,000(Settlement)
Failure to stop commuter train after passenger suffered cardiac arrest that led to his death.
Katina Poll v. New York City Transit Authority (NY)
Mar-06 $3,000,000 Municipality’s subway door closed on arm, causing fall.
Shadea Hamilton v. City of New York and Green Bus Lines, Inc. (NY)
May-06 $2,750,000(Settlement)
City vicariously liable for actions of bus driver who failed to look for foot traffic, striking pedestrian in crosswalk.
Source: Verdict Search, Westlaw *Through 6/16/06
61
TOP USPUBLIC ENTITY JURY VERDICTS* FORALL OTHERS
Case Name Verdict Date Total Award Description
Estate of Allen Ingoldby v. School Board of Pinellas County (FL)
Feb-05 $2,500,000(Settlement)
8-year-old student was struck and killed by a vehicle after a bus driver dropped a student off on a five-lane county road.
Estate of Rebecca N. Garrisi and Jesse R. v. Grand Traverse Metro Fire Dept. (MI)
Jan-06 $2,300,000(Settlement)
Fire truck struck occupied vehicle.
LaShonda Jones v. City of Eunice and Eunice Police Department (LA)
Sep-05 $1,758,107 Pedestrian struck by intoxicated driver who was moments earlier released from a police stop.
Source: Verdict Search, Westlaw *Through 6/16/06
62
TOP USPUBLIC ENTITY JURY VERDICTS* FORALL OTHERS
Case Name Verdict Date Total Award Description
Estate of Marcus Morgan v. Clover Park School District (WA)
Feb-06 $1,525,000(Settlement)
School bus struck and killed student walking in designated crosswalk.
Theodore Munoz v. City of New York, NYC Fire Depart (NY)
Feb-06 $1,340,000 70-year-old male struck by a fire truck in crosswalk.
Abraham Mitchell v. The State of New York (NY)
Oct-05 $1,250,000(Settlement)
State and local government failed to treat prisoner’s glaucoma leading to near total loss of sight.
Wright v. Neosho School District; Estate of Hoover (MO)
Apr-06 $1,000,000 Six-year-old student run over by school bus.
Source: Verdict Search, Westlaw *Through 6/16/06
63
TOP CALIFORNIAPUBLIC ENTITY JURY VERDICTS* FORALL OTHERS
Case Name Verdict Date Total Award Description
McGee v. City of Alameda
Oct-05 $25,000,000(Settlement)
Construction worker electrocuted when drill struck live wire that had not been secured underground.
Marroquin v. Los Angeles County Sheriff’s Department
Jun-06 $15,300,000 Sheriff made u-turn without lights or siren in front of oncoming vehicle.
Melendez v. Los Angeles County MTA
Aug-05 $12,000,000 Speeding city bus on residential street crashes into pickup backing out of driveway.
Adam Brothers vs. County of Santa Barbara
Nov-04 $5.6M including
$130K in punitive
damages and
$1.1M in plaintiff
attorney fees
Planners wrongfully designated
95 acres as protected wetlands.
Case is presently on appeal.
Source: Verdict Search, Westlaw *Through 6/16/06
64
TOP CALIFORNIAPUBLIC ENTITY JURY VERDICTS* FORALL OTHERS
Case Name Verdict Date Total Award Description
Castillo v. San Gabriel Unified School District
Mar-05 $5,300,000(Settlement)
A high school football player alleged his severe brain damage was a result of allowing him to continue to play after sustaining a head injury in a game.
Boggio v. Los Angeles County MTA
Apr-05 $5,200,000(Settlement)
Pedestrian in crosswalk is struck by a city bus.
Borja v. Santa Clara County Transportation Authority
Aug-04 $2,165,327 Disabled passenger’s scooter tipped over causing injuries when not secured properly by city bus driver.
Joshua C. v. County of Orange
Jun-05 $2,000,000(Settlement)
Foster children were negligently mistreated by the county.
Anderson v. County of Sacramento
Feb-04 $1,900,000(Settlement)
Slip and fall on an escalator that was inadequately maintained at Sacramento International Airport.
Source: Verdict Search, Westlaw *Through 6/16/06
65
TOP CALIFORNIAPUBLIC ENTITY JURY VERDICTS* FORALL OTHERS
Case Name Verdict Date Total Award Description
Condon-Johnson & Assoc. v. Sacramento Municipal Utility District
Jul-05 $1,265,166 Breach of contract. City denied a claim for equitable adjustment submitted by drilling company working at hydroelectric plant.
Plaintiff, Estate of Guardian v. Contra Costa County
Sep-05 $1,118,434 A 54-year-old diabetic was left in a comatose state as a result of patient being negligently transported.
Deschene v. City of Westminster
May-05 $1,100,000(Settlement)
Defendant negligent in marking, maintaining, and providing warnings about utility line locations.
Weir v. State of California
Feb-05 $1,100,000(Settlement)
California Highway Patrol vehicle made u-turn across highway in front of approaching vehicle.
Source: Verdict Search, Westlaw *Through 6/16/06
Thank you for your attention. Questions?
David MatthiessenMunich Reinsurance America, Inc.
© Copyright 2007 Munich Reinsurance America, Inc. All rights reserved. The Munich Re America name is a mark owned by Munich Reinsurance America, Inc.
The material in this presentation is provided for your information only, and is not permitted to be further distributed without the express written permission of Munich Reinsurance America. This material is not intended to be legal, underwriting, financial, or any other type of professional advice.
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