On July 23, 2020 at around 2:10 a.m., Calvin Everhart, 53, of San Fernando, was driving a Hino truck northbound on US-395, just south of the South China Lake Boulevard exit in Ridgecrest, CA when he crossed over the center line and collided head-on with plaintiff Luis Angel Valdes, 41, of Hesperia, who was driving a Freightliner. Calvin Everhart succumbed to injuries sustained in the collision and was pronounced dead at the scene. Mr. Valdes survived, but suffered catastrophic injuries including a traumatic brain injury that will require a lifetime of care. Mr. Everhart was transporting freight on behalf of Amazon Logistics, Inc., who denies liability for the crash. 

Plaintiff contends the following rule of law applies.  Highway motor carriers licensed by the Federal Motor Carrier Safety Administration are liable for the negligence of their independent contractor truckers who cause a traffic accident. (Gamboa v. Conti Trucking, Inc. (1993) 19 Cal.App.4th 663, 665-668.)  This rule of liability is derived from the public policy exception which imputes liability to the hirer of an independent contractor when the work delegated to the contractor involves an unreasonable risk of harm to others and can lawfully be performed only under a license or franchise granted by public authority. (Serna v. Petty Leach Trucking, Inc. (2003) 110 Cal.App.4th 1475, 1486.)  Amazon Logistics, Inc., therefore, owed a non-delegable duty to plaintiff pursuant to the above prevailing law and is vicariously liable for the negligent acts and omissions of its independent contractors.

On March 5, 2018, Judge James V. Selna of the United States District Court granted a motion for  Final Approval of a class action settlement involving defective Mercedes-Benz seat heaters. Eric Yuhl and Colin Yuhl were approved as class counsel.  It is estimated that the settlement may generate up to $72 million in recovery for affected consumers. The class alleged that approximately 270,000 Mercedes-Benz vehicles nationwide have defectively designed seat heaters that may smoke, spark, burn or catch fire while in use. The settlement provides a free repair for any affected vehicle, reimbursement for past repairs up to $1,000 for consumers that already experienced a seat heater failure, and automatic extended warranty coverage for seat heaters. The seat heater repair was specifically created by Mercedes as a direct result of this class action suit. Vehicles covered by the settlement include the M-Class, R-Class, and GL-Class SUV’s for model years 2000 – 2007. 

YUHL | CARR LLP is proud to be a title sponsor of the Urban Compass charity event "A Supreme Evening." This fantastic event, taking place April 27, 2017 at the Los Angeles River Center & Gardens, will be honoring Girardi Keese Lawyers and MUSE/IQE for their commitment to direct student support for Urban Compass kids.  Established in 2004, Urban Compass offers services to the youth and families of Los Angeles. Focusing on mentorship from local high school and college students, core academic support, and engaging enrichment activities, its after-school and summer programs for Kindergarten through 5th graders aim to help students navigate through elementary school, keeping them out of gangs and on a path to college and a hopeful future. Using a cohort model, Urban Compass works to support the same families through each of their crucial elementary school years to improve school attendance, family engagement, homework completion, reading and core academic performance, and create a solid foundation for a successful college pathway.  YUHL | CARR LLP is honored to be a title sponsor of the event.  To learn more about Urban Compass, visit its website.  For tickets and additional information about "A Supreme Evening," click here.

On August 31, 2015, United States District Judge William S. Duffey Jr., issued a 123-page order in the first bellwether trial for the consolidated Multi-District Litigation alleging that the Wright Medical Conserve metal-on metal hip replacement devices are defective. Wright faces claims in over 2,000 cases now pending between the MDL in the Northern District of Georgia and the concurrent proceeding in Los Angeles Superior Court, JCCP 4710. Christopher P. Yuhl of YUHL CARR, LLP is a member of the leadership group of attorneys spear heading the litigation.

The Court denied Wright’s Motion for Summary Judgment as to Plaintiff Robyn Christiansen’s claims for defective design, fraudulent misrepresentation and concealment and allowed punitive damages for this conduct to remain in the case. The court rejected Wright Medical’s claim that the Medical Device Amendment to the Food Drug & Cosmetic Act preempted the design defect claims. As to the specific device involved, the Conserve metal-on-metal total-hip device, the Court found that Wright’s decision not to submit the device via Pre-Market Approval “denied the FDA the opportunity to determine if the Conserve implant provided a ‘reasonable assurance of safety and effectiveness,’ and denied the FDA the opportunity to scrutinize and evaluate the device…” Instead, the evidence demonstrated that Wright chose only to submit a 510(k) short form clearance application to the FDA. The Court further rejected Wright’s argument that Comment K to §402A of the Restatement of Torts should apply to bar the plaintiffs strict liability design-defect claims, citing evidence that the Conserve metal-on-metal hip device was not made as safely as it could have been and was not properly marketed.

Although the Court held that the implanting surgeon’s failure to read the package insert ruled out the defective warnings claims, it also concluded that the evidence demonstrated questions as to Wright Medical’s active misrepresentations to and concealment of material information from the implanting surgeon. Thus, whether Wright Medical acted fraudulently and whether such fraudulent conduct supports an award of punitive damages against Wright Medical remains a question for the jury.

The Court also denied the motion for summary judgment by parent company Wright Medical Group, Inc. which argued that it had no involvement with the Conserve metal-on-metal hip devices and thus the court lacked personal jurisdiction. The Court found this “no involvement” argument was based entirely on a hearsay declaration by Wright Medical representative Debbie Daurer that failed to present competent, admissible evidence based on personal knowledge. The Court found the submission of Ms. Daurer’s under-oath declaration to be “troubling.” It concluded that Wright Medical Group’s SEC filings and other documents detailed Wright Medical Group’s involvement with the Conserve metal-on-metal hip device and that the personal-jurisdiction argument was untimely.

As to the multiple Daubert motions directed at Plaintiff’s experts, , the Court found on the whole that the expert evidence proffered by the Plaintiff, including her treating physician, another expert orthopedic surgeon, a pathologist, a biomedical engineer, a mechanical engineer, and a regulatory expert were reliable and could be considered by the jury. The Court excluded limited opinions and minor experts in the areas of toxicology, biostatistics and wear-volume calculation only.

Lead Plaintiff’s MDL Counsel Mike McGlamry, of Pope McGlamry, P.C. stated: “Overall, we are very pleased with the Court’s thorough and timely opinion which allows us to move ahead with the trial. Ms. Christiansen looks forward to presenting her case to a jury now that we know Plaintiffs’ claims against the Wright Medical defendants will be considered by the Court.”