Darrell A. Forgey, Esq.

Construction Defects

• Mediated a construction defect case brought against subcontractors that arose when a general contractor failed to build a residential swimming pool.

Discrimination

• Mediated an employment case against an auto dealership claiming wrongful termination, retaliation, religious discrimination, adverse action, and more. A mediator's proposal was ultimately accepted by both sides.

Labor Code

• Mediated a case involving catastrophic injuries suffered by a large machine operator whose point of operation guards were removed. This resulted in a workers' compensation suit with a direct suit under Labor Code Section 4558, with 132a serious and willful violations and punitive damages for despicable conduct sought.

Wage and Hour

• Mediated settlement of claims of labor code violations brought forth by an employee who was allegedly misclassified as exempt instead of non-exempt, resulting in reduced pay and benefits.

Subrogation

• Mediated subrogation case involving a Plaintiff whose business was subject to a water leak as a result of construction work performed upstairs.

Medical Malpractice

• Mediated and settled a medical malpractice case wherein a pharmacy mistakingly filled the prescription of a minor with Graves Disease with the wrong medication. The minor suffered from hyperthyroidism as a result of the incident.
• Mediated settlement of claims of medical malpractice, negligence, emotional distress, and loss of earnings arising from burns and scarring caused by a laser hair removal treatment.

Warranty of Habitability

• Mediated case involving multiple apartment tenants who alleged that the building owner failed to repair and maintain the premises in a safe condition. The Plaintiffs also alleged that the property had bed bugs and cockroaches.

Catastrophic Injury

• Mediated settlement of multi-million dollar claims from a motorcycle CHP officer who was injured on duty, suffering catastrophic injuries.
• Mediated case involving an elderly pedestrian who was hit by an automobile while in a crosswalk, suffering serious injuries, including brain injury.
• Arbitrated multi-million dollar award for a woman pinned between her vehicle undercarriage and the curb resulting in massive leg injuries.

Elder Abuse

• Mediated a case brought forth by an 83-year-old female Plaintiff who alleged neglect and a general lack of care and concern by the skilled nursing facility whose care she was under. The Plaintiff alleged the negligence led her to develop a chronic rash and a ruptured ileostomy bag. The Defendant denied the allegations, saying their care was appropriate and not negligent.

General Negligence

• Mediated settlement of claims arising from tenant's loss of business from the damages caused by a flood from an adjacent business.

Personal Injury

• Mediated settlement of seven-figure premises liability claims that arose when a shopping mall patron tripped on a gardening hose being used by a gardener. The trip allegedly resulted in head trauma and catastrophic injuries.
• Mediated a case where a horse bit the 71-year-old female Plaintiff on the left breast at the Defendant's stables. The bite caused the Plaintiff to experience scarring, trouble breathing, bleeding, and breast implant issues.
• Mediated a slip and fall at a Los Angeles County mall. Injuries to the Plaintiff included a nondisplaced ankle fracture and a coccyx bruise in addition to depression from the incident. The Defendants denied all liability.
• Mediated a case involving a slip and fall case at the Defendant's market. The Plaintiff required left knee surgery. The case settled with a mediator's proposal.
• Mediated a case wherein the Plaintiff slipped and fell on a newly re-surfaced floor in the common area of the condo where she lived and injured her shoulder. She had surgery and still suffers significant ongoing residuals.

PI Auto

• Mediated settlement of claims arising from an incident where a police vehicle collided with another vehicle on the freeway resulting in injuries.
• Mediated a case centered around an incident in which a large County public service truck collided with a car causing catastrophic injuries.
• Mediated an auto vs. auto rear-end motor vehicle accident involving 2 plaintiffs: a husband and wife. The pair sustained back and neck injuries. The Defendant admitted liability and disputed causation and damages. The case was settled for a confidential amount.
• Mediated an auto vs. County truck "side-swipe" accident. Two plaintiffs were involved - one hurt with back surgery. The Defendant disputed liability, causation, and damages.
• Mediated a case that started as an uninsured motorist arbitration. Involved an incident in which a bicyclist flew off their bike while attempting to avoid an oncoming golf cart. The bicyclist sustained serious injuries and fractures however, neither he nor his bike ever collided with the cart.
• Mediated a complex skateboard vs auto accident arbitration by stipulation. The Plaintiff was out of control on their skateboard when they were hit head-on by the Defendants in an SUV. Plaintiff sustained serious injuries including multiple fractures and surgeries. The Defendant disputed any liability.

Premises Liability

• Mediated settlement of claims that arose when, during a car chase of a fleeing suspect, an undercover police officer's vehicle crashed into an onlooker's vehicle.
• Mediated a case wherein the Plaintiff fell on an escalator at a mall in Orange County. The Plaintiff had many pre-existing conditions. Due to the fall, the Plaintiff sustained injuries to their back, neck, and right ankle. The case involved 3 defendants who disputed the damages.

Product Liability

• Arbitrated a product liability claim of manufacturing defect and design defect that caused the plaintiff's vehicle to unexpectedly accelerate and crash.
• Mediated settlement of claims of products liability, negligence and breach of contract relating to the malfunction of a power saw.

Toxic Torts

• Mediated a case involving a college student who was exposed to toxic chemicals while cleaning up the chemistry lab. The case was eventually settled.
• Mediated settlement of claims that plaintiffs were exposed to toxic chemicals in their apartment when other apartments were repaired and remodeled.
• Mediated a case in which an elderly woman allegedly developed a permanent disability from long-term exposure to carbon monoxide and mold, in addition to other breaches of warranty of habitability.

Workers Compensation

• Mediated a case in which the Plaintiff tripped and fell off a loading dock when the stair became detached. The Plaintiff alleged they experienced TBI, multiple fractures, and contusions due to the incident. Comparable negligence on plaintiff and employer.

Wrongful Death

• Mediated settlement of claims of construction defect and building code violations that resulted in the wrongful death of a teenage boy who died in a residential fire.
• Arbitrated claims for disbursement of underinsured motorist insurance policy. The insured party was killed in the motorcycle accident and proceeds were to be divided between wife and children.
• Mediated case involving a single car accident where the unlicensed Defendant driver lost control and drove off the road killing two and injuring three. The Defendant driver fled the scene and was later arrested and convicted on two counts of manslaughter. Dead and injured were not wearing seat belts. The Plaintiff claimed the roadway was uneven and poorly maintained. The Defendant Driver testified that she was arguing with her boyfriend when he pulled the steering wheel, causing loss of control.