Business Litigation - Theft of Founder's Company

Some people have great ideas and rely on others to carry them out. This was the case of the Founder of the Company being ousted after doing all that he could to get his idea off the ground. The company was at the forefront of the internet boom and with money flowing in from all parts of the world, this company was a sure bet to be a winner. The matter arose because while the Founder was thinking of new ways to build the company, those running and supplying the money took control. The Founder found himself on the outside while his "friends" took control. Interestingly however, the Founder retained the sole and exclusive right for the world wide distribution of the company. This legally prevented the corporation from expanding outside the boarders of the United States. Despite such restriction, the company continued to do business outside the boarders giving rise to this litigation and through a creative and aggressive litigation campaign managed to level the playing field. After a year of tough, aggressive, proactive litigation and 15 video taped depositions with nearly each deposition taking 3 days, the matter resolved in a confidential settlement. The Settlement was valued at $14,000,000.00 - 1 million shares trading at $14.00 per share with rights to purchase 1 million more shares at $1.00 each.

Product Liability Case

A 53 year old sales person for large motor homes suffered a back injury resulting in three back surgeries when part of the motor home collapsed while he set it up. Confidential Case settlement $1.3 million.

Car Accident Case

The tire change that lead to a life change. A 46 year old woman driving on the Hwy 73 Toll Road looses her tire and manages to pull her car off the roadway without crashing into other vehicles or plunging into the mountain abyss. However, when the tire came off the car dropped the distance of the rotor to the ground causing the driver to strike her head on the roof of her Mercedes. The initial injury was considered soft tissue - or connective tissue injury. The client authorized a settlement of $35,000, but the defendant tire company offered only $25,000. The case went to trial in the Orange County Superior Court before Hon. Randell L. Wilkinson: Verdict $277,500 plus costs and interest of another $107,000. total Judgment, total recovery: $384.500.00. McCallister v. Allen Tire Company Case No. 00CC12276.

Product Liability Case

A 43 year old lineman for a utility company was injured when his hand was crushed due to the failure of a component device in a light board. The client suffered a crush injury to his non-dominant hand ending his 28 year career. After two years in litigation and three weeks before trial the three entities sued broke ranks in their unified front and turned on each other each paying an undisclosed, confidential amount. The litigation was stalled when no actual defect was found and the component device. Then through tenacious perseverance and highly trained experts hired by James D. Daily, the defect was proven. "I trusted the client - he did not make up what happened - so I knew there was a defect, we just had to find it. Find it we did for an undisclosed settlement that changed an industry."

Motorcycle Accident Case

A 39-year-old special education teacher was driving a motorcycle on Brea Boulevard near its intersection of Alder in Brea, California. The defendant driving a Chevy Nova made an unlawful left hand turn directly in the path of the motorcyclist. As the client struck the side of the Chevy his body left the motorcycle, a portion of his body caught on the key of the ignition. Judgment $1.0 Million. Honorable David Chaffee. Case No. 816236.

Dependant Adult Abuse

A confidential settlement was reached in a case against an Orange County Hospital when the 56 year old client suffered Grade IV bed sores while a resident of the hospital. The bed sores are the result of neglectful nursing services due to the failure of nurses to turn the patient every two hours. The patient was suffering paralysis and needed the assistance of nurses to keep off his backside. The standard of care is to turn a patient every two hours. When they failed to do so the integrity of his skin deteriorated.

Elder Abuse

A confidential settlement was reached in a case against one of the nations largest nursing home providers when it lost a patent within its facility resulting is a sun burn to the patients foot. The foot became gangrenous and eventually resulted in partial amputation. 20 depositions were taken in the case including the deposition of a surprise witness living in South America. Literally traveling the world to locate and find the key witnesses to discover the truth. This case is part of a confidential settlement and prevents disclosure of further information. The Daily Law Firm is committed to advocating for those who are unable to represent themselves.

Probate Litigation

Did the wife kill her husband by providing him enough alcohol to drink himself to death? In this case we represented the decedent's brother who found out his sibling had died from literally drinking himself to death. The wife had left her husband in the last weeks of his life going back to her native Thailand. An international team of private investigators discovered that while in Thailand she changed her name from her prior married name into her maiden name the day before Police discovered the body. Depositions proved that the wife maintained a "close" relationship with a card dealer from a Vegas Hotel who had driven past the house while the wife was gone - checking on the house - not on the husband. Police photos and testimony demonstrated that before leaving he country the wife bought 30 cases of beer and 30 boxes of wine (boxed wine, a crime in and of itself). Loading her husband up with nothing but alcohol and Ensure - the man drank himself to death. The case was filed in Orange County though the death occurred in Nevada. Recovered over $1 million.

Medical Malpractice

The client a 29 year old part time irrigation worker injured herself at work. She was sent to the defendant Doctor for reconstruction of her Anterior Cruciate Ligament (ACL). During the surgery a 4x4 inch sponge was left inside the client's leg. Despite the seemingly straight forward case, the doctor refused to offer any settlement and denied responsibility for placing the sponge in the knee and denying responsibility for failing to detect it following the surgery. Finally 53 days after surgery the client went to an emergency room where an x-ray technician said of the x-ray "hey lady, go back to your doctor and tell him to take the sponge out!" The case was tried over the course of two weeks before Hon. PETER H. NORRELL Judge presiding. Case No.: RCV 32343 Fehiler v. Hajj Jury Verdict, costs and interest: $107,000.00. The squiggly line next to the femur is the actual metal filament that is contained in surgical sponges so that they show up on x-ray. A verdict was rendered by the jury against Dr. Hajj who continues to practice in California.

Car Accident Case

A 35 year old female hand therapist was injured when a large van owned by a local utility rear ended her on the 55 freeway near the Dyer road overpass. The woman saw the van approach and braced herself for the impact. Her vehicle was nearly totaled and she injured her shoulders, arm and back. She underwent surgery on her ulnar nerve and a relatively new procedure called the IDET on her back to attempt to reduce the pain she experienced. This case settled within two weeks of trial for $690,000.00. Here, the client's doctors operate on the ulnar nerve.

Boating Accident

A young athletic woman was a passenger in a speed boat operated by a friend. He was driving the boat up from Newport Harbor to Long Beach when he hit a wave at 65 miles per hour. The boat frame actually cracked under stress as the cross waive struck sending the operator out of the boat. The passenger, our client held on actually doing a horizontal cartwheel as she was unable to withstand the forces sending her into the ocean. She sustained a torn ACL and a compression fracture of a vertebra in her thoracic spine. In a confidential settlement, the case settled for $250,000.00 prior to litigation. Attorney James D. Daily is a boating enthusiast being a trained deputy in the Orange County Sheriff's Department Harbor Patrol. His knowledge of the maritime laws governing boaters resolved this matter within months, not years even before the matter ever entered into litigation. This x-ray image of compression fracture.

Slip and Fall Case

An apartment complex allowed grease and debris to build up on its parking lot. The client, a resident slipped and fell on such spot braking his nose. The case was litigated aggressively by both sides - the landlord taking the position that if it settles even one case - a flood of cases will be brought. The case settled within a week of trial for $50,000.00. The parties signed a confidentiality agreement.

Slip and Fall Case

A 43 year old woman and her husband were at a Riverside County business for their annual parking lot sale of large outdoor water fountains. The client was looking at the fountains and did not notice that a plank of wood on broken wooden pallet extended in her pathway. The environment created by the parking lot sale was that of a circus thus the client was not necessarily watching every step she took. The client fell and landed on her arm. While there were no broken bones, the client suffered Reflex Sympathetic Dystrophy. This was aggressively treated and the client has gained back full use of her arm. The case settled three months before trial for $197.103.79. The parties signed a confidentiality agreement.

Vicious Dog Attack

A 21 year old female designer for Roxie saw a dog get hit by a car. She ran out to assist the dog but was bitten in the hand by the injured animal. The client a good Samaritan would not have been bitten had the owner of the dog not violated the local ordinance that animals must be on a lease or chained the yard. In other words, but for the negligence of the owner, the dog would not have been hit and thus the client would not have sought to rescue this animal. Scarred finger: Recovered $70,000.00.

Bicycle Accident Case

Our client, a 43 year old scientist for local pharmaceutical manufacturer was riding his bicycle on Harvard at the intersection of Michelson in Irvine, California. The defendant did not observe the bicyclist traveling into the intersection. The driver made a left hand turn directly in the path of the oncoming bicyclist. The bicyclist was locked into his pedals and struck the side of this SUV at nearly 30 miles per hour. His body flew over the hood of the SUV but his feet being locked in kept the bike on one of his feet - this twisted his knee tearing his Anterior Cruciate Ligament (ACL). At the clients request we referred the client to a local orthopedic surgeon. Surgery was successful and two years later the client was able to compete in the Iron Man Competition. The case settled for $200,000 which represented the policy limits of both the driver and the clients own uninsured motorist coverage.

Medical Malpractice

The client a 79 year old senior was considered a fall risk by the hospital he had been admitted to for "observation" after he had trouble with his dialysis regimen. The senior was assisted to the bathroom, but the attendant failed to wait for the senior to return. Alone, the client decided to walk back to his bed only to slip and fall breaking his hip in the process. Case settled at mediation for $210,000.00.

There are a thousand other cases the have been handled by attorney James D. Daily and his staff. These are only a representative sample of the diversity of claims handled by the firm and the results obtained. James D. Daily uses cutting edge technology, aggressive litigation tactics and presentation techniques to influence the outcome of cases, all the while maintaining a very positive, energetic and professional demeanor towards his opponents. "I really enjoy what I do and I take pride in what we are accomplishing - changing the world one case at a time" says Daily. Not all cases are handled the same way. Each is individually cared for to produce the maximum outcome for the client's benefit. These exemplar cases are not to suggest that your case will have similar results. Accordingly, this is not a guarantee, warranty, or prediction regarding the outcome of your particular legal matter. Like wine making, we believe that no case should settle before its time.

The Daily Law Firm, a law practice with uncommon integrity and extraordinary results, we are the right attorneys ? right now, for you. For more information, please contact our firm today.