YC-InFocus-Pages-09.2019

Y|C IN FOCUS Y|C WINS DEFENSE VERDICT FOR FERRARI seatbelt was not defective, and performed exactly as ordinary consumers would expect. The defense On April 24, 2019, it took a jury less than 25 minutes to also presented eye witness testimony which was render a unanimous defense verdict in favor of Ferrari contrary to the testimony of the plaintiff. North America, Inc. (Aslan vs. Ferrari North America, United States District Court, United States District Judge The case was tried by James Yukevich and Andre Birotte, Jr. Case No. 2:16-cv-02574-AB SS). Cristina Ciminelli. Plaintiff Aslan claimed that while driving within the speed limit in his 2002 Ferrari 360 Spider on Mureau Road near Calabasas, California, he was run off the road by another vehicle and impacted two trees, which resulted in the vehicle catching fire and his sustaining second and third degree burns. Mr. Aslan claimed that a defect in the occupant restraint James Yukevich system caused enhanced injury because his seatbelt did Partner not unlatch after the accident, and elected to proceed Yukevich | Cavanaugh only upon the Consumer Expectation Test, specifically (213) 362-7777 Ext.212 requesting that the Risk Utility Test for Product Defect [email protected] not be given to the jury. During the trial, Ferrari presented extensive accident Cristina Ciminelli reconstruction which showed that the plaintiff was Partner proceeding at a high rate of speed when he lost control of Yukevich | Cavanaugh the vehicle. The defense showed that the plaintiff failed (213) 362-7777 Ext.276 to maintain his rear tires, causing the vehicle to slide [email protected] into the median. Ferrari established that the vehicle’s TWO Y|C CASES CHOSEN AS DAILY JOURNAL 2018 TOP DEFENSE VERDICTS Two cases—Linares v. Crown Equipment and Capps v. Safariland have been selected by Daily Journal as Top Defense Verdicts of 2018. Linares involved a stand-up forklift operator who claimed negligence in service and maintenance as well as design defect. Todd Cavanaugh was lead Y|C attorney. In Capps, plaintiff claimed negligence and design defect after accidentally shooting herself in the calf. Steve Smelser was lead counsel. The 2018 Top Verdicts were published February 20, 2019. Todd Cavanaugh Steven Smelser Partner Partner Yukevich | Cavanaugh Yukevich | Cavanaugh (213) 362-7777 Ext.220 (213) 362-7777 Ext.206 [email protected] [email protected]

YUKEVICH | CAVANAUGH ATTORNEYS PARTNER SPOTLIGHT: PATRICK CIMMARUSTI Patrick (Pat) Cimmarusti joined the Firm in November 2012 and joined the Partnership in January of 2018. Pat’s colleagues honored him with the 2018 Partner Spirit Award, calling him “an incredible asset to the Firm, and is always available for Associates, Paralegals, Patrick Cimmarusti Secretaries, and staff, and fosters comradery and Partner professional development.” Yukevich | Cavanaugh (213) 362-7777 Ext.235 Pat is known for his outgoing personality, his humor, [email protected] and his boundless energy. He is a happily married father of three young boys. ASSOCIATE SPOTLIGHT: JEFFREY CALIGIURI Jeffrey Caligiuri joined the Firm in 2012, and has proven himself as an exceptionally dedicated client advocate, lawyer, and colleague. Most recently, Jeffrey worked on the Aslan v. Ferrari North America case, where his stellar work ethic and client service proved to be Jeffrey Caligiuri a significant contribution to the unanimous defense Associate verdict in favor of our client. Jeffrey is currently Yukevich | Cavanaugh working on a major environmental case, as well as the defense of a large auto manufacturer. (213) 362-7777 Ext.243 [email protected] CONGRATULATIONS ON PASSING THE BAR! Yukevich | Cavanaugh congratulates our newest attorneys who passed the bar in 2018: Arthur Sun, Mojdeh Bowers, and Vincent Xu. Arthur Sun Mojdeh Bowers Vincent Xu All three Associates started as Associate Associate Associate Law Clerks and are now full time Y|C Associates. WELCOME OUR NEWEST ASSOCIATES! Yukevich | Cavanaugh is committed to nurturuing young legal talent and promoting from within. Our Associates gain hands-on experience and enjoy close relationships with Partners who serve as mentors. Michael Mauceri Paula Musharbash Cynthia Ung Associate Associate Associate

YUKEVICH | CAVANAUGH VERDICTS & DECISIONS 2018–2019 VERDICTS AND SELECTED DECISIONS Aslan v. Ferrari North America Unanimous defense verdict in favor of defendant rendered in under 25 minutes. Ricky Wisdom v. Easton Diamond Sports, LLC U.S. District Judge Dale S. Fischer issued an order striking proposed class claims and reducing the suit down to just three causes of action. Shirley Gross v. Rolando Lazatin et al. Yukevich | Cavanaugh achieved a significant victory for Rolando Lazatin and Chateau of Oaks, Inc. – Motion for Summary Judgment won. Capps et. al. v. Safariland, LLC Plaintiff sought $2.5 million. Full defense verdict. Jose Linares v. Crown Equipment Corporation Following a seven-day trial, a federal jury took fewer than 45 minutes to render a unanimous defense verdict in favor of Crown Equipment Corporation. Tieu v. Sina International, Inc. Favorable verdict after jury trial in an admitted liability bus accident resulting in fatal injuries to a passenger. Plaintiffs received 5% of what they asked for. Lisa Frank, Inc. The Firm’s Tucson-based client filed suit in 2015 to defend its intellectual property rights against an international toy company. Yukevich | Cavanaugh attorney Nicholas Hoffman served as co-trial counsel to Lisa Frank, Inc. and secured a favorable settlement following a week of jury trial. YUKEVICH | CAVANAUGH NEWS YUKEVICH | CAVANAUGH KEEPS GROWING The firm has increased attorney headcount by approximately 30% in the last 12 months, and is on track to hit 50 attorneys by the end of 2019. To accommodate the growing attorney workforce, Yukevich | Cavanaugh has leased an additional 10,000 square feet of office space in the 355 S. Grand building in downtown Los Angeles. The Firm continues to occupy all of the 15th floor, and has expanded to the 17th floor, which holds more offices, conference rooms and meeting spaces for depositions, client meetings, and more.

YUKEVICH | CAVANAUGH IN THE COMMUNITY Y|C SUPPORTS LOS ANGELES REGIONAL FOOD BANK Yukevich | Cavanaugh believes in giving back to our community. We share the vision of the Los Angeles Regional Food Bank, that no one goes hungry in Los Angeles County. Jim Yukevich serves on the Emeritus Council of this vital organization, which celebrates over 45 years of feeding the hungry. “It’s important that we give back to the community.” Jim Yukevich Y|C BUILDS BIKES FOR KIDS: DONATES 100+ BIKES TO CHARITY During the Firm’s annual attorney retreat, our attorneys and Paralegals broke into teams and participated in a bit of friendly competition to see who could build the most bicycles for charity. Yukevich | Cavanaugh was able to donate over 100 brand new bikes to Toys for Joy, a San Diego charity that helps to brighten the holiday season for families in need. Jim Yukevich explains “We heard that nearly 19 percent of children in San Diego are living in poverty, and that there was a charity that gave bicycles to kids whose parents could not afford one at Christmas. All our Partners got together and contributed enough to purchase over 100 bicycles and $5,000 worth of toys for underprivileged kids in San Diego.” YUKEVICH | CAVANAUGH SPORTS Yukevich | Cavanaugh attorneys and staff work hard and play hard. Y|C SOFTBALL Y|C BASKETBALL Summer fun includes team softball Congratulations to the 2018 Y|C games with The Yukes. Basketball Team Fall Basketball Roybal C-League Champions!

YUKEVICH | CAVANAUGH NEWS BRIEF PEBLEY V. SANTA CLARA ORGANICS: MORE CALIFORNIA CONFUSION In Pebley v. Santa Clara Organics, LLC (2018) 22 held that evidence of billed medical expenses is not Cal.App.5th 1266, plaintiff Dave Pebley sought admissible at trial where a plaintiff is covered by damages for personal injuries sustained in a motor insurance. Under Howell, insured plaintiffs may only vehicle accident involving defendant-motorist Jose admit evidence of the medical expenses incurred Estrada, an employee of defendant Santa Clara based only on the fee amount negotiated by their Organics, LLC. insurer, not the initial billed amount. Pebley also seems to suggest that plaintiffs who seek lien-based medical Plaintiff sought medical treatment for his injuries with services (instead of through health insurance) are not medical providers outside his insurance plan and precluded from introducing evidence of those liens in coverage. Ultimately, the jury awarded plaintiffs money support of their claim for damages. damages based on the medical bills incurred from the medical providers outside Mr. Pebley’s insurance. Pebley establishes some disagreement amongst California appellate courts regarding what evidence The court’s decision in Pebley is admissible at trial for proving up, or disputing, is a significant departure from plaintiffs’ claimed medical expenses. Thus, Howell Howell v. Hamilton Meats is still good law unless the California Supreme Court chooses to overturn Howell. The California Court of Appeal held that it was proper for plaintiff to introduce evidence of the medical bills Trial courts are technically not bound by the Pebley incurred by Mr. Pebley’s medical providers not within decision. Nonetheless, it would be wise that defense her insurance plan. The Court of Appeal ruled that trial counsel directly address the obvious confusion in for purposes of determining economic damages, California courts for deciding what medical bill evidence and where an otherwise insured plaintiff chooses to should be admissible at trial. Defense counsel should receive medical services outside her insurance plan, zealously argue against application of Pebley via the plaintiff is in the same position as an uninsured motion in limine, and avoid agreeing to CACI jury plaintiff and should be classified as such under the law. instruction 3903A, which plaintiffs’ counsel will likely argue supports the rationale set forth in Pebley. In support of its holding, the court acknowledged that Mr. Pebley confirmed he was personally With the growing complications associated with liable for his [out-of-network] medical bills, not his the insurance industry in general, and now the insurance company. The court further noted that disagreement in courts over which medical evidence the fact a plaintiff decides to pay for such services should be presented at trial, it is only a matter of time out-of-pocket, rather than use his insurance, is this issue will reach the California Supreme Court, irrelevant so long as he establishes that he is and quite possibly the United States Supreme Court. entitled to recover the lesser of (1) the amount incurred or paid for medical services, and (2) the Delmar Thomas reasonable value of the services rendered. Partner Yukevich | Cavanaugh The court’s decision in Pebley is a significant (213) 362-7777 Ext.253 departure from Howell v. Hamilton Meats, 52 Cal.4th [email protected] 541 (2011). In Howell, the California Supreme Court

LOS ANGELES SAN DIEGO SAN FRANCISCO LOS ANGELES ART AT Y|C Artist: Steve Metzger, 1990, oil on canvas Firm partners, left to right, top to bottom: Raymond H. Hua, Thomas Borncamp, Yukevich | Cavanaugh has received Steven D. Smelser, David A. Turner, Nina J. Kim, Todd A. Cavanaugh, James J. Tier 1 ranking in Los Angeles for Product Liability Yukevich, Cristina M. Ciminelli, Delmar S. Thomas, Patrick J. Cimmarusti Litigation – Defendants by U.S. News – Best Lawyers® “Best Law Firms” in 2019.