Darrell A. Forgey, Esq.

Construction Defects

• Mediated construction defect claims against subcontractors that arose when a general contractor failed to build a residential swimming pool.
• Mediated settlement of claims

Discrimination

• Employment case against auto dealership claiming wrongful termination, retaliation, religious discrimination, adverse action, etc. Mediator's proposal was accepted by both sides.

Labor Code

• Mediated claims arising from catastrophic injuries suffered by a large machine operator where point of operation guards were removed resulting in workers' compensation suit with 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 when an employee, allegedly, was misclassified as exempt instead of non-exempt, resulting in reduced pay and benefits.

Subrogation

• Subrogation case involving water damage at plaintiff's business. Property damage and business income loss. Liability case.

Medical Malpractice

• Mediated settlement of claims relating to illness a minor with Graves Disease with hyperthyroidism suffered when a pharmacy mistakenly filled his prescription with the wrong medication.
• Mediated settlement of claims of medical malpractice, negligence, emotional distress and loss of earnings arising from burns and scarring from laser hair removal treatment.

Warranty of Habitability

• Mediated settlement of warranty of habitability claims made by multiple apartment tenants against building owner due to alleged presence of bed bugs and cockroaches and failure to maintain and repair the premises in safe condition.

Catastrophic Injury

• Mediated settlement of multi-million dollar claims of a motorcycle CHP officer injured on duty who suffered catastrophic injuries.
• Mediated settlement of multi-million dollar claims of an elderly gentleman pedestrian who was hit by an automobile while crossing in a crosswalk and suffered serious injuries, including brain injury.
• Arbitrated $6 million award for a woman pinned between her vehicle undercarriage and the curb resulting in massive leg injuries.

Elder Abuse

• Matter alleging negligence and elder abuse. Plaintiff, an 83-year-old female, allegedly neglected by defendant skilled nursing facility to include chronic rash, ruptured ileostomy bag and general lack of care and concern. Defendant denies and says care was appropriate and not negligent.

General Negligence

• Mediated settlement of claims arising from tenant's loss of business 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 was tripped by a gardening hose being used by a gardener and allegedly resulted in head trauma and catastrophic injuries.
• Plaintiff, a music teacher, and tenant at a condo building slipped and fell on a newly re-surfaced floor in a common area and injured her shoulder. She had surgery and still suffers significant ongoing residuals. Case settled in mediation.
• Horse bite case. 71-year-old female plaintiff was bit on left breast at defendant's stables. Scarring, breathing, bleeding, and breast implant issues.
• Slip and fall at mall in Los Angeles County. Nondisplaced ankle fx; coccyx bruise. Questionable liability, husband claimed loss of consortium.
• Slip and fall at defendant market. Problem with liability. Left knee surgery was good with good recovery. Case settled with a mediator's proposal.

PI Auto

• Mediated settlement of claims arising from police vehicle colliding with another vehicle on the freeway resulting in injuries.
• Mediated settlement of claims arising when a large County public service truck collided with a car causing catastrophic injuries.
• Auto vs. auto rear-end motor vehicle accident involving 2 plaintiffs: a husband and wife. Back and neck injuries. Admitted liability, disputed causation, and damages. Settled for a confidential amount in mediation.
• Auto vs. county truck. "Side swipe". Two plaintiffs involved - one hurt with back surgery. Disputed liability, causation, and damages.
• UM Arb converted to mediation. Golf cart versus bicyclist. Serious injuries and fxs. Multiple coverage issues.
• Complex skateboard vs auto accident arbitration by stipulation. Plaintiff, 20 year old male, was out of control on skateboard when he was hit head-on by Defendant in SUV. Plaintiff sustained serious injuries including multiple fractures and surgeries. Primary issue: whether Defendant driver could have avoided the accident. Experts on both sides. Defendant disputes 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.
• Fall on an escalator at a mall in Orange County. Many pre-existing conditions. Back, neck, fx right ankle from this fall. Questionable liability; disputed damages and 3 defendants.

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

Workers Compensation

• Trip and fall off loading dock when stair became detached. Alleged TBI, multiple fractures and contusions. 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 under insured motorist insurance policy where insured was killed in motorcycle accident and proceeds were to be divided between wife and children.
• Single car accident when unlicensed Defendant driver lost control and drove off the road killing two and injuring three. Defendant driver fled the scene and was later arrested and convicted on two counts of manslaughter. Dead and injured were not wearing seat belts. Plaintiff claimed roadway was uneven and poorly maintained. Defendant Driver testified that she was arguing with her boyfriend when he pulled the steering wheel, causing loss of control.