The Firm recently secured an appellate victory for one of the Firm’s hotel/lodging clients, Motel 6. In this case, the plaintiff/general contractor had demanded that Motel 6 pay it amounts the general contractor had paid to a subcontractor in relation to a welding project. The general contractor alleged that because it had to pay the subcontractor, Motel 6 was required to pay to the plaintiff/general contractor more than was allowed under the parties’ contract. Although the lower court had ruled against Motel 6, Tharpe & Howell appealed the decision on its behalf and obtained a victory in this contract dispute More
David Binder has secured yet another win in a string of appellate victories! In this case, the plaintiff sued his employer claiming he was terminated for being a whistle-blower, in retaliation for objecting to claimed unlawful acts, and in violation of public policy. After the Trial Court granted the Firm’s defense Motion for Summary Judgment, the plaintiff appealed. In a unanimous decision, the Second District Court of Appeal affirmed the granting of Summary Judgment giving attorney Binder yet another victory on behalf of an employer client!
Firm Partner Paul Wayne recently obtained a defense verdict on behalf of residential landlord and property manager clients! In this case, there was an ongoing dispute between a tenant who resided in the apartment complex, and the son of a neighboring tenant in the same complex – who would bring his pet pit bull with him when he visited his resident mother. During a dispute between the two (the tenant and the neighboring tenant’s non-resident son), the visiting son claimed that the neighboring tenant pulled a knife on him. Although the police were called, the officers did not find a More
Firm Partner Paul Wayne recently received another favorable verdict when a Jury found the opposing plaintiff 90% comparatively negligent for the underlying incident! Facts: After completing his job unloading produce trucks in the “skid row” area of downtown Los Angeles, plaintiff, a homeless man, claimed to have fallen asleep on a sidewalk adjacent to the nearby loading docks. While asleep, his left leg and hip were run over by the rear tires on the defendants’ tractor-trailer, causing numerous injuries including a broken left leg, dislocated hip, a fractured lumbar vertebrae, nerve damage, and a lacerated penis. Open surgical procedures were More
Tharpe & Howell’s Bad Faith Team successfully defended a nationally recognized insurance carrier in a bad faith action stemming from a claim for theft of a tractor. In this case, the insured made a claim under a commercial vehicle policy for the theft of his Freightliner tractor. In response to the claim, the insurer denied coverage on the basis that the insured’s independent insurance broker failed to properly apply for theft coverage on the insured’s tractor. As a consequence, the policy did not list the tractor as a vehicle for which theft coverage was provided. According to the insured’s wife More