The attorneys and staff of Walsh & Furcolo LLP work hard to deliver excellent results for our clients.  In the majority of litigated cases, this means achieving a favorable and early settlement.  But settlement is not always a viable option. Here are some of the recent victories we have been fortunate enough to secure for our clients:

 

• Millard v. Biosources, Inc.                                                        
 Summary Judgment – Fourth District Court of Appeal Published Opinion

 

 Judge Kevin Enright of the San Diego Superior Court granted summary

 judgment to Walsh & Furcolo’s client, defendant and general contractor

 Biosources, Inc., in a case involving a worksite injury to an employee of an

 HVAC subcontractor.  Plaintiff was injured when he fell from a catwalk in an

 attic space to the floor below.  Millard alleged that Biosources had violated

 various OSHA provisions, resulting in unsafe conditions at the site.  Walsh

 & Furcolo partner Dinah McKean argued that the action was barred by the

 case precedent set forth in Privette and Hooker.  The Court agreed that

 OSHA regulations may set standards of care under Elsner, but do not

 establish a duty of care in the absence of direct causation. The Court of 

 Appeal upheld the ruling in a published opinion, Millard v. Biosources

 (2007) 156 Cal.App.4th 1338.

 

• O’Brien, et al. v. Masterpiece Properties, et al.
  San Diego Superior Court Jury Trial – Defense Verdict

  After a three and a half-week trial, the jury deliberated less than two hours

  before rendering a defense verdict on all causes of action including

  negligence, trespass to real property, encroachment, public nuisance,

  nuisance per se and unfair business practices.  Plaintiffs sought

  damages in excess of $500,000 against their Rancho Santa Fe neighbors

  for grading violations, encroaching slopes and excessive and

  contaminated water run-off onto plaintiffs’ property and alleged illegal

  operation of a commercial horse facility.  Walsh & Furcolo attorney Regan

  Furcolo successfully defended the action. 

 
• Jones v. Westcoast Marine Construction, et al.
  Federal Court Trial – Defense Judgment

  The Federal Court rendered judgment in favor of defendant, A.T.C. Rentals 

  & Repair, Inc. – a crane and equipment leasing company represented by   

  Walsh & Furcolo – in a case involving allegations of a ship welder being 

  injured when a crane load of 5,000 pounds slammed him against the side

  of a naval ship.  Plaintiff alleged he was working aboard the U.S.S. 

  Constellation in San Diego Bay when the load struck him, causing career-

  ending back, neck and shoulder injuries.  However, Walsh & Furcolo

  partner John Walsh and attorney Tom Kelleher proved that plaintiff had

  pre-existing complaints of neck and back injuries and that A.T.C. did not

  cause the accident.  Plaintiff had sought $3 million from A.T.C.

 

• Gates v. Hallmark RBSD, et al.
  San Diego Superior Court Bench Trial – Defense Judgment 

  Plaintiffs’ home was destroyed in a wildfire and they contracted with 

  defendants to build a new house on the existing lot.  The contract price per 

  square foot was based on “production” building costs which assumed that

  the house would be built on the same construction schedule as a number

  of others in the same area.  A county agency refused to approve

  construction of the new home due to limitations of the lot’s septic system,

  and delays ensued.  Defendants later offered to build a different house at a

  higher price per square foot.  Plaintiffs sued defendants for breach of

  contract, negligence, fraud, negligent misrepresentation and unfair

  competition and refused to accept less than $500,000 in settlement.  After

  a week-long trial defended by Walsh and Furcolo partner Dinah McKean,

  San Diego Superior Court Judge Steven Denton agreed that the original

  contract was excused by impossibility and found for defendants on all

  causes of action. 

 

• Fredericks v. Jacobson, et al.
  San Diego Superior Court Jury Trial – Defense Verdict 

  A jury voted 12-0 in favor of co-defendants, Rookies Sports Bar and its

  employee, in a case involving a woman who was struck by a car in the

  street after being served at the restaurant.  Walsh & Furcolo represented

  Rookies and its employee.  Plaintiff claimed she was assisted by the

  Rookies’ employee in crossing a busy boulevard without a crosswalk,

  resulting in serious injuries that required life flight transport to the

  hospital.  Walsh & Furcolo attorney Tom Kelleher convinced the jury that

  the Rookies’ employee was not responsible and neither defendant bore  

  any liability for the accident.

 

• O’Brien, et al. v. Mitchell, et al.
  San Diego Superior Court Jury Trial – Defense Verdict

 

  Plaintiffs alleged assault, battery and negligent infliction of emotional  

  distress, claiming defendant property owners had attacked them while  

  plaintiffs were on a nature walk behind their neighbors’ property.  The jury

  rendered a unanimous defense verdict.  Walsh & Furcolo attorney Regan

  Furcolo successfully proved that plaintiffs were trespassing in an attempt

  to gather evidence in support of a separate lawsuit and had initiated the

  altercation. 

 

• Reese v. Morrison Drilling, Inc., et al.
  San Diego Superior Court Jury Trial – Favorable Result

  Plaintiff, the owner of extensive rural property, including a residence and a

  palm tree nursery, demanded $2.4 million in property damage and

  physical injuries as a result of defendant servicing a water well which

  rendered the well unusable.  No replacement water well was located, and

  the property was left without a water source.  As a result, plaintiff alleged all

  of the valuable palm trees died and that the family suffered health ailments

  such as rashes from trucked-in potable water.  Plaintiff sued for

  continuous nuisance.  The case was defended by Walsh & Furcolo partner

  John Walsh and attorney Christopher Lea.  The jury awarded a total of

  $233,000, which was reduced to $141,500 in post-trial motions.  Plaintiff

  had previously rejected a defense settlement offer of $250,000, insisting

  that damages were over $2.0 million.

 

• American Safety Indemnity Co. v. Admiral Insurance Company
  San Diego Superior Court – Summary Judgment (Insurance Coverage)

 

  San Diego Superior Court Judge Jeffrey Barton held that American Safety

  was not entitled to any reimbursement or contribution from Walsh &

  Furcolo’s client, Admiral, for over $2.0 million in defense fees and costs

  paid by American Safety in defending a landslide case against Admiral’s

  named insured (developer), pursuant to an additional insured

  endorsement on American Safety’s policy issued to a grading contractor. 

  American Safety sought contribution from Admiral on the basis that the

  developer’s separate liability was beyond the scope of the additional

  insured coverage and that its coverage was excess to Admiral’s due to a

  manuscripted endorsement and “other insurance” clause.  Walsh &

  Furcolo partner John Walsh and attorney Jim Derfler successfully moved

  for summary judgment based on the argument that the express-indemnity

  provision in the subcontract,  coupled with the language in the Admiral

  policy, defeated any indemnity or contribution claim by American Safety. 

 

• Group Builders, et al. v. Admiral Insurance Company, et al.
  Circuit Court, Hawaii – Summary Judgment (Insurance Coverage)

  In an underlying action in Hawaii based on mold damage to the Hilton

  Hotel Kalia Tower in Waikiki, Walsh & Furcolo client Admiral Insurance

  Company had disclaimed coverage principally due to a lack of property

  damage during its policy period and certain business risk exclusions.  The

  insured, Group Builders, was defended by the insurer affording coverage

  prior to Admiral.  After a multi-million dollar settlement, Group Builders and

  its defending insurer, Tradewind, sued Admiral for breach of contract, bad

  faith and contribution.  Walsh & Furcolo partner John Walsh and attorney

  Lynn Pham served as regional counsel, with the case handled directly by

  local Hawaii attorneys Allen Wolff and Joseph Kotowski.  In successive

  motions for summary adjudication, the court ruled that Admiral had not

  breached the covenant of good faith and fair dealing owed to Group

  Builders, that Tradewind had no claim for bad faith independent from

  Group Builders’ extinguished claim and that Admiral had no obligation to

  indemnify either plaintiff for settlement proceeds paid by them in the

  amount of $4.3 million.  The case has been certified for appeal.

 

• Jeld-Wen v. Action Iron Works, et. al.

  San Diego Superior Court – Summary Judgment 

  San Diego Superior Court Judge Luis R. Vargas held that Jeld-Wen was 

  not entitled to any indemnity or contribution from Walsh & Furcolo’s client,

  Pacific Coast Roofing Corporation, in a claim for over $4.5 million in

  defense fees and costs paid by Jeld-Wen as part of a judgment in an

  underlying construction defect action. Walsh & Furcolo attorney

  Christopher Lea successfully brought a Motion for Judgment on the

  Pleadings as to Jeld-Wen’s claim that it was a third party beneficiary of

  Pacific Coast Roofing Corporation’s contract with Pardee Homes and a

  Motion for Summary Judgment which disposed of the remaining causes of

  action. Walsh & Furcolo also successfully obtained a substantial

  attorney’s fees award against Jeld-Wen under Civil Code section 1717

  and Code of Civil Procedure section 1038. The case is currently on appeal.

 
• Canyon Beach Offshore, Inc. dba Sea Tow Newport v. Hughes, et al.
  Binding Arbitration – Favorable Result

 

  Plaintiff sought $216,856 for removal and related storage costs of

  defendants’ wrecked 38-foot Bayliner from the public beach at Newport

  Beach, CA.  Defendants offered $70,000 for the reasonable value of

  services provided.  Walsh & Furcolo attorney Regan Furcolo limited the

  award to $73,740. 

 

Walsh & Furcolo fully recognizes that these successes, as with every good outcome, are the result of close teamwork with the claims representatives and clients who work with us every step of the way.  We thank them for the confidence they have in us and we look forward to the opportunity to be of service in the future.

WALSH & FURCOLO LLP