In March 2016, Ray Gates and Robert Smith successfully defended a dentist in a case involving treatment for TMD/TMJ pain as well as orthodontic care. The matter was tried in the Eighth Judicial District Court in Las Vegas, Nevada. A defense verdict was returned by the jury.
In January 2016, Tony Lauria and Paul Cardinale successfully defend a dentist and dental practice involving dental care and treatment regarding standard of care. The matter was tried in the Second Judicial District Court in Reno, Nevada. A defense verdict was returned by the jury. As a result of this defense verdict, several other pending actions against the dentist were ultimately dismissed.
In February 2015, Tony Lauria successfully defends a dentist and dental practice involving dental care and treatment regarding standard of care. The matter was tried in the Eighth Judicial District Court in Las Vegas, Nevada. A defense verdict was returned by the jury.
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.