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$1,010,000.00

$1,010,000.00 Settlement For Man Struck by Falling Box in Tool Store

Attorney Howard Alan Kitay obtained a $1,010,000.00 settlement for a 41 year-old man who was struck by a falling box while shopping in a tool store in east San Diego.

The owner of the east San Diego tool store claimed that plaintiff assumed the risk of injury when plaintiff went to the aid of a store employee who lost his balance on a ladder.  The store employee was attempting to remove a heavy box from a high shelf when he began to lose his balance.  Seeing that the employee was in danger of falling, the plaintiff rushed over to steady the ladder.  The plaintiff steadied the ladder and saved the employee from falling, but the heavy box fell on the plaintiff’s neck.  The plaintiff sustained a head and neck injury in the accident.

The tool store argued that nobody asked the plaintiff for help, and, therefore, the plaintiff assumed the risk of the injury that resulted.  The tool store refused to offer any money to settle the claim.

Howard Alan Kitay filed a lawsuit in San Diego Superior Court, East County Division, and demanded $1,010,000.00 to settle the claim.  In preparing for trial, Mr. Kitay deposed every person in the store at the time, and proved that the employee on the ladder called out for help and plaintiff was the only person close enough to help him.  The tool store then offered $500,000.00 to settle the claim.  The $500,000.00 settlement offer was rejected.

Less than thirty days before trial, the tool store settled plaintiff’s case for $1,010,000.00.

The plaintiff sustained a bruise to his brain. Although he was at risk for seizures for a period of time after the accident, he made an excellent recovery, and eventually returned to full activity.

$1,000,000.00

$1,000,000.00 Settlement for Woman Injured by Defective Product at East County Store.

Attorney Howard Kitay obtained a $1,000,000.00 settlement for a woman who was injured by a patio Warmer/Cooler, while shopping at an East County store. While shopping, the woman picked up the lid of the item, which was advertised as a Patio Warmer/Cooler. A large metal object fell out of the lid and landed on her toe, causing a fracture. Plaintiff developed complications from the fracture and incurred over $39,000.00 in medical bills.

Attorney Howard Kitay obtained a settlement of $1,000,000.00 on the eve of trial.

$500,000.00

$500,000.00 Verdict for Slip and Fall at San Diego Restaurant

Attorney Howard Kitay obtained a $500,000.00 Verdict for a San Diego woman who slipped and fell on spilled cherry juice at an Italian Restaurant in San Diego. Prior to opening at 11 a.m., a restaurant employee spilled cherry juice on the floor and then mopped the floor with soap and water. No wet floor signs were posted. Plaintiff entered the restaurant shortly after 11 a.m. to pick up breadsticks to bring to her workplace, and slipped and fell on the wet floor. Plaintiff sustained a head contusion, neck and back strains, a bruised tailbone, ankle sprains, a left knee sprain and bruise, and a right wrist sprain. Her medical bills totaled over $56,000.00.

Attorney Howard Kitay filed suit in San Diego Superior Court. The restaurant insisted the floor was dry and the fall was not their fault, and that the cherry juice had been sufficiently cleaned-up. The restaurant refused to settle. The Kitay firm hired a forensic expert. At trial, the restaurant continued to claim the incident was not their fault. The forensic expert demonstrated to the jury that Plaintiff’s shoes had cherry juice residue from the fall, which proved the restaurant had failed to adequately clean up the spill.

After a four day trial, Plaintiff received a verdict of $500,000.00.

$400,000.00

$400,000 Settlement for Slip and Fall at El Cajon Store

Attorney Howard Kitay obtained a $400,000.00 settlement for an El Cajon woman who slipped and fell on spilled liquid at an El Cajon store. Store employees dragged full garbage bags throughout the store and failed to notice the bags were leaking. When plaintiff walked through the store, she slipped and fell. Plaintiff sustained a a neck injury and underwent surgery.

Attorney Howard Kitay filed suit in San Diego Superior Court and deposed several employees to determine how the incident occurred. Investigation established that the store had created a dangerous condition on their property that endangered and injured Plaintiff. The store eventually settled the case for $400,000.00.

$325,000.00

$325,000.00 Settlement for Woman Struck by a Box

Attorney Howard Kitay obtained a $325,000.00 settlement for a woman who was injured when a local store employee dropped a box on her neck. Plaintiff sustained a a neck injury and underwent surgery.

The store refused to admit liability and denied the injuries to Plaintiff were caused by the incident in their store. Attorney Howard Kitay filed suit in San Diego Superior Court and proved the store employee was negligent and that Plaintiff’s injuries were caused by the store’s negligence. Attorney Kitay took the case to trial. After several days of trial, and prior to closing argument, the store settled the case for $325,000.00.

$250,000.00

$250,000.00 Settlement for Slip and Fall on Spilled Ice at East County Grocery Store

Attorney Howard Kitay obtained a $250,000.00 settlement for an El Cajon woman who slipped and fell on spilled ice at a an El Cajon grocery store. The grocery store knew the ice machine was leaking water, and they placed a rubber mat to prevent falls. One day, before the store closed and while customers were still in the store, a grocery store employee removed the protective mat in front of the ice machine. When plaintiff attempted to get ice, she slipped and fell. Plaintiff sustained a fractured hip and underwent surgery.

Attorney Howard Kitay filed suit in San Diego Superior Court and deposed many of the store employees to find out what happened As a result, Attorney Kitay was able to prove the grocery store employee created a dangerous condition when he removed the rubber mat, and that Plaintiff was injured as a result. The grocery store settled the case for $250,000.00.

$246,000.00

$246,000.00 Settlement for Slip and Fall at Local Store

Attorney Howard Kitay obtained a $246,000.00 settlement for a woman who slipped and fell on water in the produce department at a local store. Store employees failed to clean up water on the floor which was leaking from a defective sprinkler. When the woman walked through the produce department, she slipped and fell. She sustained a tear to the rotator cuff in her shoulder and underwent surgery.

Attorney Howard Kitay filed suit in San Diego Superior Court. The store maintained it was not responsible for the spilled water. Attorney Kitay deposed numerous store employees and proved the store knew the sprinklers were defective and failed to fix them, creating a dangerous condition for customers. The store ultimately settled the case for $246,000.00.

$230,000.00

$230,000 Settlement for Woman Injured by Collapsing Chair at Nail Salon.

Attorney Howard Kitay obtained a $230,000 settlement for a woman who was injured at a local nail salon. While visiting the nail salon, the chair in which she was sitting broke, causing Plaintiff to fall to the ground. Plaintiff injured her neck and wrist.

Attorney Howard Kitay filed suit in San Diego Superior Court and proved the store was negligent and that Plaintiff’s injuries were caused by the store’s negligence. Attorney Kitay eventually settled the case for $230,000.00 on the eve of trial.

$175,000.00


$175,000.00 Settlement for Slip and Fall on Spilled Water in East County Store

Attorney Howard Kitay obtained a $175,000.00 settlement for an El Cajon woman who slipped and fell on water while shopping at a local store. Store employees failed to clean up water on the floor, and Plaintiff walked down the aisle, slipped and fell. Plaintiff sustained an aggravation of pre-existing arthritis to her knees. Her medical bills totaled $47,812.62.

Attorney Howard Kitay filed suit in San Diego Superior Court. The store insisted it had no legal notice of the spilled water. Attorney Howard Alan Kitay proved that several employees walked past the water and failed to clean it up, thereby permitting a dangerous condition that injured Plaintiff. The store eventually settled the case for $175,000.00.

$100,000.00

$100,000.00 Settlement For Woman Who Slipped and Fell on Wet Grass

Attorney Howard Alan Kitay obtained a $100,000.00 settlement for a 48 year-old woman who slipped and fell on wet grass while visiting a friend’s house. The owner of the San Diego home invited plaintiff to come into her backyard, which required walking down a ramp with a six-inch-wide “well-worn path.” While navigating the path, the plaintiff slipped and fell, fracturing her right ankle.

Plaintiff was taken to Sharp Cabrillo Hospital, where a complete examination was performed. X-rays revealed a fracture dislocation of the right ankle. Plaintiff was given intravenous Morphine for severe pain. The dislocation was then reduced and the ankle was placed in a splint. Immediately prior to release, plaintiff was given Percocet for increasing pain.

One week later, an open reduction internal fixation surgery of plaintiff’s right ankle was performed at Mercy Hospital. After surgery, plaintiff’s right ankle was placed in a splint. After healing, plaintiff underwent physical therapy to strengthen her ankle. Her medical bills totaled approximately $18.000.00.

Attorney Howard Alan Kitay filed a claim with the homeowner’s insurance company, alleging the well-worn path was dangerous and defendant knew it was dangerous. The insurance company denied the claim, saying the accident was plaintiff’s fault and that the ‘well-worn-path’ was not dangerous. The insurance company refused to offer any money to settle the claim.

Attorney Howard Alan Kitay filed a lawsuit in San Diego Superior Court, East County Division, and demanded the homeowner’s policy limit of $100,000.00 to settle the claim. The insurance company again stated the accident was plaintiff’s fault and refused to offer any money to settle the claim.

Mr. Kitay prepared for trial. He retained an engineering expert who inspected the “well-worn path” and reported: “The ramp where [plaintiff] experienced a slip and fall accident was an excessively sloped ramp, without a slip-resistant surface or handrail. This is a violation of the Building Code … The slope of the ramp measures 36% which far exceeds the maximum permissible 12-1/2% slope of ramps.”

Mr. Kitay forwarded the engineering report to the insurance carrier, noting the violation of the building code and citing Jury Instruction BAJI 3.45: “If you find that a party to this action violated the Building Code just read to you and that such violation was a cause of injury to another, you will find that such violation was negligence.”

Notwithstanding the engineering report, the insurance company refused to settle the case, and hired their own expert to testify the well-worn path was not dangerous.

Mr. Kitay then deposed the homeowner, who testified she had warned the plaintiff to “be careful” on the well-worn path. In response to questions by Mr. Kitay, the homeowner admitted warning plaintiff to “be careful” because she knew the well-worn path was dangerous. One week later, the insurance company paid the $100,000.00 policy limit to plaintiff.

$45,000.00

$45,000.00 Judgment For Man Struck by Falling Light Fixture In El Torito Restaurant

The Law Offices of Howard Alan Kitay obtained a $45,000.00 Judgment for a San Diego man who was struck by a falling light fixture in an El Torito Restaurant. The insecurely attached light fixture came loose due to vibrations from loud disco music played in the bar area. The plaintiff sustained an injury to his shoulder, which eventually healed. He was evaluated in the Emergency Room, diagnosed by an orthopedic surgeon, and received physical therapy. His medical bills totaled $8300.00.

El Torito insisted the incident was not their fault and refused to settle the case.

The Law Offices of Howard Alan Kitay filed suit in San Diego Superior Court. At trial, El Torito again claimed the incident was not their fault, as they had no prior notice the fixture was loose. After a four day trial, the jury determined the fixture came loose as a result of the loud disco music, and that El Torito should have periodically checked to make sure the fixture was secure. Because they did not, the jury found El Torito negligent, and awarded plaintiff $45,000.00.

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Location Pin

El Cajon

275 East Douglas Ave., #111
El Cajon, CA 92020
619.442.0542
Location Pin

Chula Vista

823 Anchorage Place
Chula Vista, CA 91914
619.754.6854