Transcript National Trends and Emerging Claims Issues in the Public

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, Claims
Munich Reinsurance America, Inc.
September 10, 2007
Agenda:
National Trends and Emerging
Claim 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
2
National Trends and Verdicts
3
Map of Overall Ranking of State Liability Systems
WA
MT
ME
ND
OR
MN
ID
WY
SD
WI
MI
IA
NE
NV
UT
CA
IL
CO
VT
NH
MA
NY
CT
RI
PA NJ
IN
OH
WV
KS
MO
KY
VA
NC
TN
AZ
OK
NM
AK
SC
MS
TX
AK
Best
DE
MD
AL
GA
LA
FL
Moderate
Source: 2007 US Chamber of Commerce State Liability Systems Ranking Study. The full study is available at
www.instituteforlegalreform.org.
Worst
4
Cities or Counties with the Least Fair and
Reasonable Litigation Environment
State
Total %
Los Angeles, California
13
Chicago/Cook County, Illinois
Madison County, Illinois
Mississippi (other mentions)
11
9
8
New Orleans Parish, Louisiana
Miami/Dade County, Florida
6
6
San Francisco, California
New York Greater Metropolitan Region
New York (other mentions)
Philadelphia, Pennsylvania
Beaumont, Texas
5
4
4
4
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)
5
Summary of Top/Bottom 5 States By Key Elements
Juries’ Predictability
Best
Worst
Nebraska
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.
6
ATRA’s 2006 “Judicial Hellholes”*
ILLINOIS
Cook County
Madison County
St. Clair County
West
Virginia
Watch List
Miller County, Arkansas
Los Angeles County,
California
Philadelphia,
Pennsylvania
Texas
Rio Grande
Valley and Gulf
Coast, TX
Orleans Parish,
Louisiana
South Florida
Delaware
*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.
Source: Insurance Information Institute, American Tort Reform Association. Judicial Hellholes 2006.
7
Highest Indemnity Award for a
Single Bodily Injury
U.S.
Switzerland
Australia
Germany
Belgium
UK
France
Canada
Italy
Spain
Hong Kong
Japan
Austria
Sweden
Norway
Denmark
Portugal
$0
$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
$20
Geography Matters
U.S. awards are gargantuan compared
to those in other countries
$40
Sources: Insurance Information Institute
$60
$80
$100
$120
$140
8
Rising Jury Awards
$1,000,000 $4,999,999
$500,000 $999,999
$250,000
$499,999
$100,000 $249,999
8%
6%
8%
13%
63%
6%
11%
5%
7%
11%
$5 MILLION
AND OVER
62%
LESS THAN
$100,000
1995
2005
Source: Jury Verdict Research. Current Award Trends in Personal Injury, 46th Edition (2007)
10
Loss Severity Trends are Impacting
Higher 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
11
2006 Top Ten Verdicts - Nationally
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
Source: Lawyers USA, July 2007.
12
Summary of Top 100 Verdicts by Year
Top Award:
2002
2003
2004
2005
2006
$28B
$11.9B
$1.6B
$1.4B
$850M
100
92
83
87
89
*$35M
*30M
TBD
Number of Top 100
Awards Greater
Than $20 Million:
Median Award for
Top 100 Verdicts:
*$46.9M *$36.1M
Source: VerdictSearch top 100 verdicts of 2002, 2003, 2004, 2005, 2006;
Marsh Limits of Liability 2006
* have been adjusted for inflation
13
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)
14
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)
15
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)
16
Million-Dollar Total Awards Reported by Liability
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%
Source: Jury Verdict Research. Current Award Trends in Personal Injury, 46th Edition (2007)
17
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
18
Public Entity
Liability and Verdicts
19
Ten of the Largest Verdicts Against Public Entities in
2006
Rank
1.
Value
$106 M
Issue
Venue
Wrongful Death (Toxicologist murdered husband
California
whose family claimed county negligently hired a drug
addict)
2.
$44.3M
Excessive Force (Prisoner paralyzed when officer
Maryland
threw him into a wall)
3.
$36.67 M
Contract (Reservoir contractor claimed city wrongfully
New Jersey
terminated contract and harmed reputation)
4.
$35.84M
Motor Vehicle (Cook County deputy ran light going 70
Illinois
mph with no sirens or lights – hit woman – causing
incomplete paraplegia)
5.
$24.5M
Motor Vehicle (Police on high-speed chase injured
Illinois
other vehicles’ occupants)
6.
$21M
Professional Negligence (Infant was severely brain
New Jersey
damaged when state placed her with foster parents)
Source: VerdictSearch, www.verdictsearch.com
(Continued)
20
Ten of the Largest Verdicts Against Public Entities
in 2006 (continued)
Rank
7.
Value
$18.03M
Issue
Venue
Motor Vehicle (City of Los Angeles was sued for failing
California
to correct a dangerous situation – no stop sign or traffic
light at an intersection. Pedestrian suffered brain
damage.)
8.
$18M
False Arrest/Civil Rights (The Los Angeles County
California
Sheriff’s office was sued for the false arrest and
incarceration of a man for 10 months/10 days.)
9.
$18M
Failure to Warn (Long Island Railroad was sued by
New York
three workers who were exposed to asbestos.)
10.
$17.45M
Employee Benefits/Class Action (The University of
Washington
Washington was sued for breach of contract by
employees.)
Source: VerdictSearch, www.verdictsearch.com
21
Public Entity Emerging Claim
Exposures
22
Strip Search
23
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.
24
TOP US
PUBLIC ENTITY JURY VERDICTS & SETTLEMENTS
FOR STRIP SEARCH CASES
Case Name
Tyson et al vs. New York
Eddleman vs. Jefferson
County, KT
Wilson vs. Franklin County,
KT
Total
Settlement
Description
$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.
$11.5M 4000 people were subjected to illegal strip
search.
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
25
TOP US
PUBLIC ENTITY JURY VERDICTS & SETTLEMENTS
FOR 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 1,600 arrested on minor charges and
$834K in plaintiff subjected to strip search.
attorney fees) Case
settled 4/06
Source: Verdict Search, Westlaw *Through 6/16/06
26
TOP US
PUBLIC ENTITY JURY VERDICTS & SETTLEMENTS
FOR 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
27
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.
28
Police Excessive Force
29
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.
30
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.
31
TOP US
PUBLIC ENTITY JURY VERDICTS* FOR
POLICE 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 Excessive force used by
(Settlement) police at time of arrest
resulting in death of 29-yearold
Jaramillo v. County of
Napa
July-05
$6,250,000 Police officer shooting of
(Settlement) unarmed man during
altercation. Plaintiff
rendered a paraplegic.
Mitchell v. Los Angeles
Sheriff‘s Dept.
Nov-05
Estate of Richard
Bledsoe v. City of
Evanston Poilce Dept.
Mar-04
$4,000,000 Police officer shot and killed
deceased during an
altercation involving a
burglary.
$2,700,000 Death resulting from
(Settlement) quadriplegic injuries
sustained from neckhold in
arrest of 55-year-old
32
TOP US
PUBLIC ENTITY JURY VERDICTS* FOR
POLICE 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 Nine dockworkers and 49
(Settlement) 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
Source: Verdict Search, Westlaw *Through 6/16/06
$1,054,000 Death resulting from excessive
force by police officers during
arrest procedures.
33
Employment Practice Liability
34
Trends in Employment Practice Liability
 Causes of action: discrimination, ADA, hostile work environment,
retaliation, sexual harassment, wrongful termination, violation of whistleblower 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.
35
Employment Practice Liability:
Analysis by Defendant Type (1998-2004)
5%
46%
37%
Transportation
Government Entities
Manufacturing/Industrial
Service/Retail
12%
Source: Jury Verdict Research. Employment Practice Liability: Jury award Trends and Statistics. 2005
Edition.
36
Employment Practice Liability:
Award Trends (1998-2004)
Defendant Type
Median
Probability Range
Total Range
Mean
Government
$200,000
$75,000 - $500,000
$1 - $36.5M
$544,371
$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
$553,761
Entities
Manufacturing/
Industrial
Source: Jury Verdict Research. Employment Practice Liability: Jury award Trends and Statistics. 2005
Edition.
37
Employment Practice Liability: Distribution
of Awards Against Government Entities
(1998 – 2004)
Award Range ($)
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.
38
TOP US
PUBLIC ENTITY JURY VERDICTS* FOR
EMPLOYMENT PRACTICE LIABILITY
Case Name
Verdict
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 longtime 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
39
TOP US
PUBLIC ENTITY JURY VERDICTS* FOR
EMPLOYMENT PRACTICE LIABILITY
Case Name
Welch v. City of
Anaheim (CA)
Verdict
Date
Jul-05
Total Award
Description
$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
40
TOP US
PUBLIC ENTITY JURY VERDICTS* FOR
EMPLOYMENT PRACTICE LIABILITY
Case Name
Verdict
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
41
TOP US
PUBLIC ENTITY JURY VERDICTS* FOR
EMPLOYMENT PRACTICE LIABILITY
Case Name
Verdict
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 coworker in sexual harassment suit.
Source: Verdict Search, Westlaw *Through 6/16/06
42
TOP US
PUBLIC ENTITY JURY VERDICTS* FOR
EMPLOYMENT PRACTICE LIABILITY
Case Name
Verdict
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
43
Other Significant Public Entity
Claim Exposures
44
Police Pursuit
45
Police Pursuit

Effect of Scott v. Harris

Still a Significant Claim Exposure?
46
TOP US
PUBLIC ENTITY JURY VERDICTS* FOR
POLICE PURSUIT
Case Name
Verdict
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
47
TOP US
PUBLIC ENTITY JURY VERDICTS* FOR
POLICE PURSUIT
Case Name
Verdict
Date
Hudson v. City of
Chicago (IL)
Jul-05
Estate of Qing
Chang and Baby
Chang v. City of
Chicago (IL)
Nov-05
Plaintiff v. Pinellas
County Sheriffs
Office (FL)
No Date
Given
Morrison, Lewis,
Rosin v. City of
Scottsdale (AZ)
Dec-05
Total Award
Description
$17,682,374 Driver struck by police vehicle involved in
a chase that was neither wanted or
needed.
$17,500,000 Negligent police pursuit – police vehicle
struck and killed pregnant female
pedestrian.
$7,018,976 Negligent police pursuit – failure to warn
of approach. Two people were killed ages
20 and 23.
$1,500,000 Illegal police chase on a one-way street
(Settlement) caused fleeing vehicle to impact
decedent’s vehicle.
Source: Verdict Search, Westlaw *Through 6/16/06
48
Dangerous Conditions on Public Property
49
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.
50
TOP US
PUBLIC ENTITY JURY VERDICTS* FOR
DANGEROUS CONDITIONS ON PUBLIC PROPERTY
Case Name
Verdict
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 Wrongful death by city’s failure to
(Settlement) 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
51
TOP US
PUBLIC ENTITY JURY VERDICTS* FOR
DANGEROUS CONDITIONS ON PUBLIC PROPERTY
Case Name
Verdict
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 Multi-vehicle impact from city failing to
(Settlement) properly safeguard bridge.
Confidential v.
Contra Costa County
May-05
$5,788,400 Collision occurred when driver failed to
(Settlement) stop at stop sign partially obscured by
vegetation.
Source: Verdict Search, Westlaw *Through 6/16/06
52
TOP US
PUBLIC ENTITY JURY VERDICTS* FOR
DANGEROUS CONDITIONS ON PUBLIC PROPERTY
Case Name
Verdict
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
53
TOP US
PUBLIC ENTITY JURY VERDICTS* FOR
DANGEROUS CONDITIONS ON PUBLIC PROPERTY
Case Name
Verdict
Date
Total Award
Description
Sehrer v. State of
California
Feb-05
$4,399,401 Dangerous condition created on
(Settlement) 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 Pregnant female falls on wet stairway
(Settlement) with hazardous handrail at a Staten
Island public school.
Source: Verdict Search, Westlaw *Through 6/16/06
54
TOP US
PUBLIC ENTITY JURY VERDICTS* FOR
DANGEROUS CONDITIONS ON PUBLIC PROPERTY
Case Name
Verdict
Date
Total Award
Description
McDonald v. City of
Fort Bragg
Feb-04
$2,300,000 Disabled pedestrian injured in crosswalk
(Settlement) – 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
55
All Others
56
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.
57
TOP US
PUBLIC ENTITY JURY VERDICTS* FOR
ALL 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
58
TOP US
PUBLIC ENTITY JURY VERDICTS* FOR
ALL 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 School bus struck and killed student
(Settlement) 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
59
TOP US
PUBLIC ENTITY JURY VERDICTS* FOR
ALL 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 Failure to stop commuter train after
(Settlement) 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 City vicariously liable for actions of bus
(Settlement) driver who failed to look for foot traffic,
striking pedestrian in crosswalk.
Source: Verdict Search, Westlaw *Through 6/16/06
60
TOP US
PUBLIC ENTITY JURY VERDICTS* FOR
ALL OTHERS
Case Name
Verdict Date
Total Award
Description
Estate of Allen
Ingoldby v. School
Board of Pinellas
County (FL)
Feb-05
$2,500,000 8-year-old student was struck and killed
(Settlement) 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 Fire truck struck occupied vehicle.
(Settlement)
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
61
TOP US
PUBLIC ENTITY JURY VERDICTS* FOR
ALL OTHERS
Case Name
Verdict Date
Estate of Marcus
Morgan v. Clover
Park School District
(WA)
Feb-06
Theodore Munoz v.
City of New York,
NYC Fire Depart
(NY)
Feb-06
Abraham Mitchell v.
The State of New
York (NY)
Oct-05
Wright v. Neosho
School District;
Estate of Hoover
(MO)
Apr-06
Total Award
Description
$1,525,000 School bus struck and killed student
(Settlement) walking in designated crosswalk.
$1,340,000 70-year-old male struck by a fire truck in
crosswalk.
$1,250,000 State and local government failed to
(Settlement) treat prisoner’s glaucoma leading to
near total loss of sight.
$1,000,000 Six-year-old student run over by school
bus.
Source: Verdict Search, Westlaw *Through 6/16/06
62
TOP CALIFORNIA
PUBLIC ENTITY JURY VERDICTS* FOR
ALL OTHERS
Case Name
Verdict Date
Total Award
Description
McGee v. City of
Alameda
Oct-05
$25,000,000 Construction worker
(Settlement) 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 Planners wrongfully designated
$130K in punitive 95 acres as protected wetlands.
damages and Case is presently on appeal.
$1.1M in plaintiff
attorney fees
Source: Verdict Search, Westlaw *Through 6/16/06
63
TOP CALIFORNIA
PUBLIC ENTITY JURY VERDICTS* FOR
ALL OTHERS
Case Name
Verdict Date
Total Award
Description
Castillo v. San Gabriel
Unified School District
Mar-05
$5,300,000 A high school football player alleged
(Settlement) 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 Pedestrian in crosswalk is struck by
(Settlement) a city bus.
Borja v. Santa Clara
County Transportation
Authority
Aug-04
Joshua C. v. County of
Orange
Jun-05
$2,000,000 Foster children were negligently
(Settlement) mistreated by the county.
Anderson v. County of
Sacramento
Feb-04
$1,900,000 Slip and fall on an escalator that was
(Settlement) inadequately maintained at
Sacramento International Airport.
Source: Verdict Search, Westlaw *Through 6/16/06
$2,165,327 Disabled passenger’s scooter tipped
over causing injuries when not
secured properly by city bus driver.
64
TOP CALIFORNIA
PUBLIC ENTITY JURY VERDICTS* FOR
ALL OTHERS
Case Name
Condon-Johnson &
Assoc. v. Sacramento
Municipal Utility District
Verdict Date
Total Award
Description
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 Defendant negligent in marking,
(Settlement) maintaining, and providing
warnings about utility line
locations.
Weir v. State of
California
Feb-05
$1,100,000 California Highway Patrol vehicle
(Settlement) made u-turn across highway in
front of approaching vehicle.
Source: Verdict Search, Westlaw *Through 6/16/06
65
Thank you for your attention.
Questions?
David Matthiessen
Munich 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.