News

In November 2014, Mark Tokunaga went to trial in a snowmobile case in which the plaintiff alleged brain injuries and sought a nine-figure judgment. The case settled during the second week of trial for less than the amount of medical expenses.

We are pleased to announce that in July 2014, attorneys Robert Smith, Brian Rosenthal and Paul Cardinale became equity members of the firm.

In a September 2011 jury trial, Ray Gates and Robert Smith presented evidence of inconsistent allegations and conduct of the plaintiff that brought into question the veracity of her claims. The jury also heard additional evidence that plaintiff had a history of making false claims of sexual misconduct against her ex-husband, former boyfriends and co-workers.

Raymond Gates and Brian Rosenthal defended a hospital and a number of their employees in an assault and battery action filed in San Luis Obispo County. The plaintiff was entering areas of the hospital that were restricted and got into an altercation with various hospital staff that were attempting to stop him. The matter was tried in August 2011. Ray and Brian argued that the hospital staff did not commit an assault or battery, but instead they took reasonable steps to protect patients. The jury unanimously found for the defense.

In June 2011, Ray Gates represented Renown Regional Medical Center, the sole trauma center in Reno, Nevada. This case involved a 2 ½ year old child with claims of failure to diagnose a small bowel obstruction resulting in permanent bowel damage and shortened life span. The jury returned a defense verdict after a four week trial.

In June 2010, the California Court of Appeal affirmed in Whittemore v. Owens, 185 Cal. App. 4th 1194 (2010) the trial court’s dismissal of the claims against our client a retail pharmacy. In the original trial court action, Ray Gates and Brian Rosenthal successfully argued that the doctrine of “unclean hands” bars the plaintiff from recovery as she was engaging in illegal conduct. Plaintiff appealed this judgment arguing that the Drug Dealer Liability Act (Health and Safety Code § 11700 et seq.) created an exception to the unclean hands doctrine. Ray Gates and Brian Rosenthal also represented the pharmacy during the appeal. The appellate court affirmed the Judgment of Dismissal and published the decision.

In Towns v. Davidson, Mammoth Mountain, 147 Cal.App.4th 461 (2007), is one of Mark Tokunaga’s victories in the Court of Appeal. In Towns, the plaintiff was injured while skiing at Mammoth Mountain when she was involved in a collision with a ski host, an employee of Mammoth Mountain. The plaintiff argued that Mammoth Mountain increased the risk of collisions by requiring employees to be skiing on the slopes. The trial court granted summary judgment in favor of Mammoth Mountain. The Court of Appeal affirmed, holding that collisions between skiers is an inherent risk of skiing no matter who the other skier is. The Court of Appeal also ruled that the trial court correctly struck the entire declaration of the plaintiff’s expert, who submitted a declaration alleging that Mammoth Mountain’s employee was reckless, not merely negligent.

Ray Gates defended a vascular surgeon in a month long medical malpractice, wrongful death trial in Placer County. Plaintiff alleged failure to treat an abdominal aortic aneurysm. The jury returned a defense verdict.

In Korton v. Conrad, Inc., 119 Nev. Adv. Rep. 14, 67 P.2d 316 (2003), the Nevada Supreme Court upheld a grant of summary judgment Ray Gates obtained in favor of an employer who was sued for wrongful death allegedly caused by the employer’s employee. The case, which Ray handled both the trial court and Supreme Court levels, further defined Nevada’s “going and coming rule”, which establishes when an employer is liable for injuries caused by an employee’s driving.

In 2003, Mark Tokunaga defended a California ski resort.  Plaintiff claimed that the ski resort created a dangerous condition on a ski run and failed to remedy or warn of that condition.  Mark successfully defended the ski resort at trial in which the jury took only 11 minutes to deliberate before returning the defense verdict.