Emerging Claims Whats Hiding in the Bushes? National Trends in Claims and Litigation in the Public Sector State Risk & Insurance Management Association David Matthiessen Director, Claims Munich Reinsurance America, Inc. September 10, 2007 Agenda: National Trends and Emerging Claim Issues in the Public Entity Sector National Trends and Verdicts/Settlements Public Entity Trends and Verdicts/Settlements Public Entity Emerging Claim Exposures 1. Strip Search 2. Police Excessive Force 3. Employment Practice Liability Other Significant Public Entity Exposures 1. Police Pursuit 2. Dangerous Conditions on Public Property 3. All other 2 National Trends and Verdicts 3
Map of Overall Ranking of State Liability Systems WA MT ME ND OR MN ID WY NV CA SD WI MI IA NE UT CO AZ IL KS OK NM IN
MO TX AK OH WV KY VA DE MD NC TN AK SC MS Best VT NH MA NY CT RI PA NJ AL GA LA
FL Moderate Source: 2007 US Chamber of Commerce State Liability Systems Ranking Study. The full study is available at www.instituteforlegalreform.org. Worst 4 Cities or Counties with the Least Fair and Reasonable Litigation Environment State Total % Los Angeles, California Chicago/Cook County, Illinois Madison County, Illinois Mississippi (other mentions) 13 11 9 8 New Orleans Parish, Louisiana Miami/Dade County, Florida 6 6 San Francisco, California New York Greater Metropolitan Region New York (other mentions) Philadelphia, Pennsylvania
Beaumont, Texas 5 4 4 4 3 Source: 2007 US Chamber of Commerce State Liability Systems Ranking Study. The full study is available at www.instituteforlegalreform.org. Base: General Counsel/Senior Litigators (N=1599) 5 Summary of Top/Bottom 5 States By Key Elements Juries Predictability Best Worst Nebraska West Virginia Utah Alabama Indiana California Tennessee Mississippi Kansas
Louisiana Juries Fairness Best Worst Nebraska West Virginia Minnesota Mississippi Wisconsin Louisiana Iowa Alabama South Dakota Illinois Source: 2007 US Chamber of Commerce State Liability Systems Ranking Study. The full study is available at www.instituteforlegalreform.org. 6 ATRAs 2006 Judicial Hellholes* ILLINOIS Cook County Madison County St. Clair County
West Virginia Watch List Miller County, Arkansas Los Angeles County, California Philadelphia, Pennsylvania Texas Rio Grande Valley and Gulf Coast, TX Orleans Parish, Louisiana South Florida Delaware *According to ATRA, A number of factors contribute to a Judicial Hellhole designation, including the prevalence of forum shopping, novel legal theories, and discovery abuse, as well as the certification of class action lawsuits, the proliferation of junk science, contributions to judges and the uneven application of evidentiary rules. Source: Insurance Information Institute, American Tort Reform Association. Judicial Hellholes 2006. 7 Highest Indemnity Award for a Single Bodily Injury U.S. Switzerland Australia Germany Belgium
UK France Canada Italy Spain Hong Kong Japan Austria Sweden Norway Denmark Portugal $0 $124.0 $10.8 $7.3 $7.2 $5.9 $5.8 $5.5 $5.0 $4.3 $3.4 $3.3 $3.2 $2.0 $1.9 $1.4 $0.6 $0.6 $20 Geography Matters U.S. awards are gargantuan compared to those in other countries
$40 Sources: Insurance Information Institute $60 $80 $100 $120 $140 8 Rising Jury Awards $1,000,000 $4,999,999 $500,000 $999,999 $250,000 $499,999 $100,000 $249,999 8% 6% 8% 13% 63% 6% 11% 5% 7% 11% $5 MILLION
AND OVER 62% LESS THAN $100,000 1995 2005 Source: Jury Verdict Research. Current Award Trends in Personal Injury, 46th Edition (2007) 10 Loss Severity Trends are Impacting Higher Layers of Coverage A Tillinghast study indicates that: losses in excess of $25,000 have an annualized trend of 9.8%; losses in excess of $100,000 = 12.2%; losses in excess of $500,000 = 18.1%. An analysis of ISO data and Jury Verdict Research data results indicates a loss trend in recent years to be between 15% to 22% for umbrella layers attaching excess of 1MM primary. Source: Best Review, In Need of Repair, Nov. 3, 2006 11 2006 Top Ten Verdicts - Nationally Value Issue
State $216.7 Million Medical Malpractice (Misdiagnosis) Florida $160 Million Nursing Home Negligence Texas $106 Million Wrongful Death California $61 Million Workplace Harassment (FedEx) California $51 Million Vioxx Louisiana $47.5 Million Death of Prisoner Texas
$46 Million Auto Accident Missouri $44.2 Million Business Dispute (Real estate development) Florida $44 Million Police Brutality (Baltimore) Maryland $38.5 Million Product Liability (Truck accident) Texas Source: Lawyers USA, July 2007. 12 Summary of Top 100 Verdicts by Year Top Award: Number of Top 100 Awards Greater Than $20 Million: Median Award for Top 100 Verdicts: 2002
2003 2004 2005 2006 $28B $11.9B $1.6B $1.4B $850M 100 92 83 87 89 *$35M *30M TBD *$46.9M *$36.1M Source: VerdictSearch top 100 verdicts of 2002, 2003, 2004, 2005, 2006;
Marsh Limits of Liability 2006 * have been adjusted for inflation 13 Median Compensatory Awards for Personal Injury (1999 - 2005) Highest and Lowest States State Median Award Highest: New York $250,000 Massachusetts $165,000 Lowest: South Carolina $ 5,715 Oklahoma $ 6,317 National, Overall $ 34,418 Source: Jury Verdict Research. Current Award Trends in Personal Injury, 46th Edition (2007)
14 Punitive Awards Reported by State for Personal Injury (1999 - 2005) State Percent of Cases Awarded Punitive Damages Highest: Alabama 14% Wisconsin 11% Lowest: Connecticut 1% Maryland 1% Washington 1% National, Overall 4% Source: Jury Verdict Research. Current Award Trends in Personal Injury, 46th Edition (2007)
15 Percentage of Awards of $1 Million or More (Total Awards) Region 1998-2000 2003-2004 2004-2005 Overall Midatlantic 12% 12% 12% 12% Midwest 10% 18% 16% 12% North Central 11%
11% 10% 11% Northeast 18% 22% 25% 21% Northwest 7% 8% 12% 7% South Central 15% 19% 29% 18% Southeast
10% 15% 15% 12% Southwest 17% 34% 35% 20% Source: Jury Verdict Research. Current Award Trends in Personal Injury, 46th Edition (2007) 16 Million-Dollar Total Awards Reported by Liability Liability 1998 2000 2001 2002 2003 - 2004 2004 - 2005 Products Liability 60% 63% 65% 64% Medical Malpractice
47% 50% 57% 55% Government Negligence 33% 41% 47% 41% Business Negligence 30% 35% 34% 32% Premises Liability 12% 16% 15% 13%
Personal Negligence 8% 12% 16% 17% Vehicular Liability 4% 5% 5% 5% All Liabilities 13% 15% 17% 17% Source: Jury Verdict Research. Current Award Trends in Personal Injury, 46th Edition (2007) 17 Average Price per $1Million of Coverage by Industry, 2006
Sector $ Cost Highest: Health Care $47,426 Construction $23,449 Government $21,647 Chemicals, pharmaceuticals $20,405 Lowest: Insurance $4,770 Finance $5,541 Printing/Publishing $5,873 Education, Nonprofit institutions $5,928
Source: Marsh Limits of Liability 2006 18 Public Entity Liability and Verdicts 19 Ten of the Largest Verdicts Against Public Entities in 2006 Rank Value Issue Venue 1. $106 M Wrongful Death (Toxicologist murdered husband whose family claimed county negligently hired a drug addict) California 2. $44.3M Excessive Force (Prisoner paralyzed when officer threw him into a wall) Maryland
3. $36.67 M Contract (Reservoir contractor claimed city wrongfully terminated contract and harmed reputation) New Jersey 4. $35.84M Motor Vehicle (Cook County deputy ran light going 70 mph with no sirens or lights hit woman causing incomplete paraplegia) Illinois 5. $24.5M Motor Vehicle (Police on high-speed chase injured other vehicles occupants) Illinois 6. $21M Professional Negligence (Infant was severely brain damaged when state placed her with foster parents) New Jersey Source: VerdictSearch, www.verdictsearch.com
(Continued) 20 Ten of the Largest Verdicts Against Public Entities in 2006 (continued) Rank Value Issue Venue Motor Vehicle (City of Los Angeles was sued for failing to correct a dangerous situation no stop sign or traffic light at an intersection. Pedestrian suffered brain damage.) California 7. $18.03M 8. $18M False Arrest/Civil Rights (The Los Angeles County Sheriffs office was sued for the false arrest and incarceration of a man for 10 months/10 days.) California 9.
$18M Failure to Warn (Long Island Railroad was sued by three workers who were exposed to asbestos.) New York $17.45M Employee Benefits/Class Action (The University of Washington was sued for breach of contract by employees.) Washington 10. Source: VerdictSearch, www.verdictsearch.com 21 Public Entity Emerging Claim Exposures 22 Strip Search 23 Jail Strip Search A New Mass Tort The expression "mass torts" generally refers to class actions involving defective products, such as asbestos, breast implants, tobacco, securities, etc. It is rare for a government to be the target of a mass tort suit, and it is very rare for a federal civil rights claims for damages to be the foundation of a mass tort claim.
Yet this is exactly what is happening starting primarily with a class action strip-search case against New York City that settled for $50 million in 2001. 24 TOP US PUBLIC ENTITY JURY VERDICTS & SETTLEMENTS FOR STRIP SEARCH CASES Case Name Tyson et al vs. New York Eddleman vs. Jefferson County, KT Wilson vs. Franklin County, KT Total Settlement Description $50 M 65,000 people illegally strip-searched by jail guards after being arrested for minor offenses in Manhattan and Queens in 1996 and 1997. Case settled in 2001. $11.5M 4000 people were subjected to illegal strip search. Up to $6M Includes juveniles. Gary, et al vs Sheahan, Cook County, IL $6.8M 3000 women who where strip searched after the cases against them had been dismissed and ordered released from custody. Mac vs. Suffolk County, MA
$10M 5400 class members. Based on equal protection theory. City did not have an overnight facility and women were transported to County jail and subjected to strip search. Source: Verdict Search, Westlaw *Through 6/16/06 25 TOP US PUBLIC ENTITY JURY VERDICTS & SETTLEMENTS FOR STRIP SEARCH CASES Case Name Total Settlement Description Leyba et al vs. Santa Fe County, NM $8.5M (including $2M in plaintiff attorney fees) Case settled 7/7/06 13,000 persons subjected to illegal blanket strip search from 10/01 to 4/2005. The first class action strip search settlement in NM. Same firm handling 3 other cases currently pending in the state. Haney vs. Miami-Dade County, FL
Foreman et al vs. New Haven CT. $6.2M (including $1.35M in attorney fees) Case settled 4/05 Lead plaintiffs were non-violent protesters that were arrested and subjected to strip-searches. 1000s of others that were search between March 2000 and February 2005 are part of class. Mark Merin plaintiff atty. $2.5M (includes 1,600 arrested on minor charges and $834K in plaintiff subjected to strip search. attorney fees) Case settled 4/06 Source: Verdict Search, Westlaw *Through 6/16/06 26 TOP US PUBLIC ENTITY JURY VERDICTS & SETTLEMENTS FOR STRIP SEARCH CASES Case Name Total Settlement Description Brusaschetti, et al. v. County of Sacramento, et al.
$15.5M Settlement fund established. 16,156 people arrested and charged with non-violent drug/weapon related offenses were subjected to group strip searches from 3/00 to 6/03. Hale v. County of Sacramento, et al. $8,659,406 including attorney fees. Final number of class participants was 3450. LA County $2.75M. 71 bicycle activists strip-searched after being arrested at a protest outside the 2000 Democratic National Convention. None were charged. Two dozen of the women cyclists were ordered to strip by sheriff's deputies who performed visual body cavity searches. The women were awarded $70,000 each. Source: Verdict Search, Westlaw *Through 6/16/06 27 Trends in Strip Search Cases
Plaintiffs allege strip search policy violates constitutional rules that allow a strip search only if a newly booked inmate had been arrested for a crime involving drugs or violence or if guards have reasonable suspicion inmate is concealing weapons or contraband. Multiple Class Action Suits related to strip searches have been filed in the last few years accusing jail officials of routinely strip-searching inmates in violation of their constitutional rights. 28 Police Excessive Force 29 Police Excessive Force - Systemic Problem? Excessive force cases may be tied to systemic problems within police department, which have existed for many years. Command structure in some cases found to have failed to take appropriate corrective actions either with individual officers or in instituting procedures for dealing with suspects and the use of force. Cases involve wide range of issues, from alleged physical abuse to fatalities caused by firearms. The incidents involved are highly charged, with political overtones in many cases. Less than deadly force weapons, such as tasers, pepper spray, rubber bullets have raised claims of excessive force and improper use of weapon. 30 Police Excessive Force - Characteristics Issues of force involve: Degree of force used for situation Typically involves physical force during efforts to subdue suspect Preference to use non-lethal force, such as pepper spray, tasers, etc. Instances often involve suspects using alcohol, drugs and or are suffering from mental illness.
Frequency of force used Possible use of illegal force Use of force within department impacted by efforts to respond to demands by public to get tough on crime, potentially leading to aggressive techniques to deal with suspects. Use of force issues usually involves a handful of officers. Organizational issues tied to training, policies and discipline. 31 TOP US PUBLIC ENTITY JURY VERDICTS* FOR POLICE EXCESSIVE FORCE Case Name Verdict Date Total Award Description Estate of Roger D. Owensby v. City of Cincinnati/ Police Dept. Mar-06 $6,500,000 Excessive force used by (Settlement) police at time of arrest resulting in death of 29-yearold Jaramillo v. County of Napa July-05 $6,250,000 Police officer shooting of (Settlement) unarmed man during altercation. Plaintiff rendered a paraplegic.
Mitchell v. Los Angeles Sheriffs Dept. Nov-05 Estate of Richard Bledsoe v. City of Evanston Poilce Dept. Mar-04 $4,000,000 Police officer shot and killed deceased during an altercation involving a burglary. $2,700,000 Death resulting from (Settlement) quadriplegic injuries sustained from neckhold in arrest of 55-year-old 32 TOP US PUBLIC ENTITY JURY VERDICTS* FOR POLICE EXCESSIVE FORCE Case Name Verdict Date Total Award Description Cau Bich Tran v. City of San Jose Nov-05
$1,825,000 Police officer shot and killed innocent homeowner. Edward Domingues v. City of New York Jan-05 $1,750,000 17-year-old kicked during arrest, sustaining a traumatic scrotal hematoma and repture of right testicle. Local 10, International Longshore and Warehouse Union v. City of Oakland Mar-06 $1,554,750 Nine dockworkers and 49 (Settlement) demonstrators protesting Iraq War injured by police officers. Plaintiffs alleged excessive force, false arrest and malicious prosecution. Smith v. City of San Jose Jun-05 Source: Verdict Search, Westlaw *Through 6/16/06 $1,054,000 Death resulting from excessive force by police officers during arrest procedures.
33 Employment Practice Liability 34 Trends in Employment Practice Liability Causes of action: discrimination, ADA, hostile work environment, retaliation, sexual harassment, wrongful termination, violation of whistleblower laws. May involve Family and Medical Leave Act and Equal Pay Act, or any equivalent state statutes Frequently involves multiple contentions (e.g. sexual harassment and hostile work environment) Source: Jury Verdict Research. Employment Practice Liability: Jury award Trends and Statistics. 2005 Edition. 35 Employment Practice Liability: Analysis by Defendant Type (1998-2004) 5% 46% 37% Transportation Government Entities Manufacturing/Industrial Service/Retail 12% Source: Jury Verdict Research. Employment Practice Liability: Jury award Trends and Statistics. 2005 Edition. 36
Employment Practice Liability: Award Trends (1998-2004) Defendant Type Median Probability Range Total Range Mean Government Entities $200,000 $75,000 - $500,000 $1 - $36.5M $544,371 Manufacturing/ Industrial $250,000 $65,749 - $767,250 $1 - $25.7M $839,212 Service/Retail $137,853
$40,000 - $417,717 $1 $18.8M $492,913 Transportation $200,000 $50,000 - $500,000 $1 - $10.0M $544,473 All defendants $175,000 $50,527 - $500,000 $1 - $36.5M $553,761 Source: Jury Verdict Research. Employment Practice Liability: Jury award Trends and Statistics. 2005 Edition. 37 Employment Practice Liability: Distribution of Awards Against Government Entities (1998 2004) Award Range ($) Percentage
1 4,999 2% 50,000 9,999 2% 10,000 24,999 6% 25,000 49,999 8% 50,000 74,999 7% 75,000 99,999 6% 100,000 249,999 25% 250,000 499,999 20% 500,000 -749,999 8% 750,000 999,999
4% 1,000,000 1,999,999 9% 2,000,000 4,999,999 4% 5,000,000 + 1% Source: Jury Verdict Research. Employment Practice Liability: Jury award Trends and Statistics. 2005 Edition. 38 TOP US PUBLIC ENTITY JURY VERDICTS* FOR EMPLOYMENT PRACTICE LIABILITY Case Name Johnson v. State of California (CA) Verdict Date Jul-05
Total Award Description $20,000,000 Age discrimination against an 80 year old prison physician. Alberigi v. County of Sonoma (CA) Mar-06 $6,500,000 County refuses to accommodate and retaliates against a mentally disabled longtime employee. Yolanda Olivarri v. City of Public Service Board of San Antonio (TX) Sep-05 $5,850,575 Sexual harassment meter reader was groped and subjected to sexual comments. Source: Verdict Search, Westlaw *Through 6/16/06 39 TOP US PUBLIC ENTITY JURY VERDICTS* FOR EMPLOYMENT PRACTICE LIABILITY Case Name Welch v. City of Anaheim (CA) Verdict
Date Jul-05 Total Award Description $5,215,200 Police lieutenant lack of promotion opportunities due to disability. Arpad Tolnay v. City of New Haven (CT) Dec-05 $5,150,903 Retaliation and demotion for office making comments on several individuals strong political influence. Ulrich v. City and County of San Francisco (CA) Jun-04 $4,300,000 Violation of physicians civil rights by hospital in retaliation for criticism. Source: Verdict Search, Westlaw *Through 6/16/06 40 TOP US PUBLIC ENTITY JURY VERDICTS* FOR EMPLOYMENT PRACTICE LIABILITY Case Name
Verdict Date Total Award Description Christine Boone v. Pennsylvania Office of Vocational Rehab. And PA Dept. of Labor and Industry (PA) Nov-05 $3,355,000 Discrimination and defamation against a blind attorney employed as director of the Bureau of Blindness. Johnson, Zubris, Pilosi, Bracchi v. School Dist. Of Philadelphia (PA) Dec-05 $2,700,000 Plaintiffs terminations and denial of promotions motivated by racial discrimination. Hogan v. Kansas City Board of Police Commissioners (MO) Dec-05
$2,700,000 Age discrimination of a 54 year old officer hostile work environment. Source: Verdict Search, Westlaw *Through 6/16/06 41 TOP US PUBLIC ENTITY JURY VERDICTS* FOR EMPLOYMENT PRACTICE LIABILITY Case Name Verdict Date Total Award Description Auvenshine v. Troy School District (NY) Apr-06 $2,400,000 Racial discrimination of Chinese female math teacher in receiving negative evaluations and wrongful termination. Morse v. City of Inglewood (CA) Jan-05 $2,400,000 Two police officers subjected to disparate treatment due to race. Kotla v. Regents of
the University of California (CA) May-05 $2,100,000 Employee fired for testifying on behalf of coworker in sexual harassment suit. Source: Verdict Search, Westlaw *Through 6/16/06 42 TOP US PUBLIC ENTITY JURY VERDICTS* FOR EMPLOYMENT PRACTICE LIABILITY Case Name Verdict Date Total Award Description Glenn-Davis v. Oakland Police Department (CA) Mar-06 $2,000,000 Failure to promote office sex and pregnancy discrimination in violation of Title VII. Barth v. Village of Mokena (IL) Jun-06 $1,700,000 Ranking police officers retaliated against
female office for complaining about hostile work environment. Mokler v. Orange County Office on Aging (CA) Apr-05 $1,700,000 County employee terminated after making claims her office violated state funding requirements. Source: Verdict Search, Westlaw *Through 6/16/06 43 Other Significant Public Entity Claim Exposures 44 Police Pursuit 45 Police Pursuit Effect of Scott v. Harris Still a Significant Claim Exposure? 46
TOP US PUBLIC ENTITY JURY VERDICTS* FOR POLICE PURSUIT Case Name Verdict Date Total Award Description Guardians of Eric Brody v. Broward County Sheriffs Office (FL) Dec-05 $30,609,298 Police vehicle struck another vehicle at more than 50 mph resulting in coma and brain injury. Estate of Owen v. City of Dearborn (MI) Jul-05 $25,000,000 Innocent driver killed by officer engaged in high-speed chase on newly fallen snow. Gaston v. City of Springfield (IL) Mar-06 $24,000,000 Three males injured including quadriplegia
due to police negligence during vehicle pursuit. Source: Verdict Search, Westlaw *Through 6/16/06 47 TOP US PUBLIC ENTITY JURY VERDICTS* FOR POLICE PURSUIT Case Name Verdict Date Hudson v. City of Chicago (IL) Jul-05 Estate of Qing Chang and Baby Chang v. City of Chicago (IL) Nov-05 Plaintiff v. Pinellas County Sheriffs Office (FL) Morrison, Lewis, Rosin v. City of Scottsdale (AZ) No Date Given Dec-05
Total Award Description $17,682,374 Driver struck by police vehicle involved in a chase that was neither wanted or needed. $17,500,000 Negligent police pursuit police vehicle struck and killed pregnant female pedestrian. $7,018,976 Negligent police pursuit failure to warn of approach. Two people were killed ages 20 and 23. $1,500,000 Illegal police chase on a one-way street (Settlement) caused fleeing vehicle to impact decedents vehicle. Source: Verdict Search, Westlaw *Through 6/16/06 48 Dangerous Conditions on Public Property 49 Dangerous Conditions on Public Property Generally, in order to recover damages related to a Dangerous condition on public property, the plaintiff must establish the following: 1. The property was in a dangerous condition; 2. The dangerous condition was the cause of the plaintiffs injuries; 3. The condition created a reasonably foreseeable risk of the type of injury plaintiff sustained and; 4. The entity either created the condition or had actual or constructive notice of its existence. 50
TOP US PUBLIC ENTITY JURY VERDICTS* FOR DANGEROUS CONDITIONS ON PUBLIC PROPERTY Case Name Verdict Date Total Award Description Medina v. City of Fontana Sep-04 $37,500,000 Student struck and killed walking to school absence of sidewalks blamed Dominguez v. City of San Francisco Sep-05 $27,000,000 Wrongful death by citys failure to (Settlement) remedy hazardous condition at pedestrian crosswalk. Betts v. State of California Jun-05 $17,003,882 Improper location of designated chain installation on mountain pass highway.
Source: Verdict Search, Westlaw *Through 6/16/06 51 TOP US PUBLIC ENTITY JURY VERDICTS* FOR DANGEROUS CONDITIONS ON PUBLIC PROPERTY Case Name Verdict Date Total Award Description Ramirez v. Cal Trans Oct-05 $9,995,000 Driver and occupant fatalities from dangerous highway condition and lack of guardrails at California aqueduct. Maria L. Tipaldo v. City of New York (NY) Mar-06 $9,500,000 Multi-vehicle impact from city failing to (Settlement) properly safeguard bridge. Confidential v. Contra Costa County May-05
$5,788,400 Collision occurred when driver failed to (Settlement) stop at stop sign partially obscured by vegetation. Source: Verdict Search, Westlaw *Through 6/16/06 52 TOP US PUBLIC ENTITY JURY VERDICTS* FOR DANGEROUS CONDITIONS ON PUBLIC PROPERTY Case Name Verdict Date Total Award Description Cornette v. State of California Mar-04 $5,673,790 Couple injured when their vehicle struck by another due to CalTran failing to place median barrier on roadway. Navarra v. City of Oakland Nov-05 $5,270,000 Injuries sustained at intersection crash with improperly pruned vegetation restricting vision.
Estate of Christopher Scott v. City of NY and Edward Gladick (NY) Nov-05 $4,500,000 City failed to maintain roadside foliage obstructing clear view of individuals in crosswalk. Source: Verdict Search, Westlaw *Through 6/16/06 53 TOP US PUBLIC ENTITY JURY VERDICTS* FOR DANGEROUS CONDITIONS ON PUBLIC PROPERTY Case Name Verdict Date Total Award Description Sehrer v. State of California Feb-05 $4,399,401 Dangerous condition created on (Settlement) roadway as design did not allow for proper water drainage. WEI v. The City of Pittsburgh (PA)
Oct-05 $3,679,000 Improper maintenance of roadway at intersection/crosswalk. Villegas v. City of New York (NY) May-06 $2,750,000 Pregnant female falls on wet stairway (Settlement) with hazardous handrail at a Staten Island public school. Source: Verdict Search, Westlaw *Through 6/16/06 54 TOP US PUBLIC ENTITY JURY VERDICTS* FOR DANGEROUS CONDITIONS ON PUBLIC PROPERTY Case Name Verdict Date Total Award Description McDonald v. City of Fort Bragg Feb-04 $2,300,000 Disabled pedestrian injured in crosswalk (Settlement) obstructed view.
Estate of DAndre Joseph Monk v. Burlington County Special Services School (NJ) Mar-06 $1,800,000 Non-swimmer drowned in community pool. James L. Mazzarini Sr. v. Commonwealth of Pennsylvania (PA) Oct-05 $1,500.000 Uneven roadway blamed for SUV rollover. Source: Verdict Search, Westlaw *Through 6/16/06 55 All Others 56 All Others - Significant Exposures Cases include various types of exposures, generally broken down between law enforcement, transportation, and education. The cases involve primarily vehicle-related accidents, though there are also land use, professional liability, breach of contract, among others. 57
TOP US PUBLIC ENTITY JURY VERDICTS* FOR ALL OTHERS Case Name Verdict Date Total Award Description Estate of Huggins v. Eastern Healthcare Sumter Co. (SC) Dec-05 $28,500,000 Inmate did not receive insulin while jailed. Carol Ann Agster, et al. v. County of Maricopa, et al (AZ) Mar-06 $9,000,000 Prison personal failed to properly care for inmate with methamphetamine overdose and drug history. Blackwell, Carey, Kevalis v. Bailey Cook, Town of Seymour, et al. (CT) Dec-05
$6,284,419 Fatal auto accident, motor vehicle municipal liability. Source: Verdict Search, Westlaw *Through 6/16/06 58 TOP US PUBLIC ENTITY JURY VERDICTS* FOR ALL OTHERS Case Name Verdict Date Total Award Description Estate of Michele and Aleck Gunther v. Bay City Public Schools (MI) Oct-05 $5,960,000 School bus struck and killed student (Settlement) walking across the street. Shraff Ali v. NYC Transit Authority (NY) Mar-06 $5,139,075 Driver failed to properly secure wheelchair-bound passenger. Alboroy Bartley v. City of NY and NYC
Board of Education (NY) Apr-06 $4,500,000 Negligent supervision when students eye was destroyed by classmates punch. Source: Verdict Search, Westlaw *Through 6/16/06 59 TOP US PUBLIC ENTITY JURY VERDICTS* FOR ALL OTHERS Case Name Verdict Date Total Award Description Marlene Allen and Estate of Allen v. Mass. Bay Transit Authority (MA) Oct-05 $3,900,000 Failure to stop commuter train after (Settlement) passenger suffered cardiac arrest that led to his death. Katina Poll v. New York City Transit Authority (NY)
Mar-06 $3,000,000 Municipalitys subway door closed on arm, causing fall. Shadea Hamilton v. City of New York and Green Bus Lines, Inc. (NY) May-06 $2,750,000 City vicariously liable for actions of bus (Settlement) driver who failed to look for foot traffic, striking pedestrian in crosswalk. Source: Verdict Search, Westlaw *Through 6/16/06 60 TOP US PUBLIC ENTITY JURY VERDICTS* FOR ALL OTHERS Case Name Verdict Date Total Award Description Estate of Allen Ingoldby v. School Board of Pinellas County (FL) Feb-05
$2,500,000 8-year-old student was struck and killed (Settlement) by a vehicle after a bus driver dropped a student off on a five-lane county road. Estate of Rebecca N. Garrisi and Jesse R. v. Grand Traverse Metro Fire Dept. (MI) Jan-06 $2,300,000 Fire truck struck occupied vehicle. (Settlement) LaShonda Jones v. City of Eunice and Eunice Police Department (LA) Sep-05 $1,758,107 Pedestrian struck by intoxicated driver who was moments earlier released from a police stop. Source: Verdict Search, Westlaw *Through 6/16/06 61 TOP US PUBLIC ENTITY JURY VERDICTS* FOR ALL OTHERS Case Name Verdict Date Estate of Marcus
Morgan v. Clover Park School District (WA) Feb-06 Theodore Munoz v. City of New York, NYC Fire Depart (NY) Feb-06 Abraham Mitchell v. The State of New York (NY) Oct-05 Wright v. Neosho School District; Estate of Hoover (MO) Apr-06 Total Award Description $1,525,000 School bus struck and killed student (Settlement) walking in designated crosswalk. $1,340,000 70-year-old male struck by a fire truck in crosswalk. $1,250,000 State and local government failed to (Settlement) treat prisoners glaucoma leading to near total loss of sight.
$1,000,000 Six-year-old student run over by school bus. Source: Verdict Search, Westlaw *Through 6/16/06 62 TOP CALIFORNIA PUBLIC ENTITY JURY VERDICTS* FOR ALL OTHERS Case Name Verdict Date Total Award Description McGee v. City of Alameda Oct-05 $25,000,000 Construction worker electrocuted (Settlement) when drill struck live wire that had not been secured underground. Marroquin v. Los Angeles County Sheriffs Department Jun-06 $15,300,000 Sheriff made u-turn without lights or siren in front of oncoming vehicle.
Melendez v. Los Angeles County MTA Aug-05 $12,000,000 Speeding city bus on residential street crashes into pickup backing out of driveway. Adam Brothers vs. County of Santa Barbara Nov-04 $5.6M including Planners wrongfully designated $130K in punitive 95 acres as protected wetlands. damages and Case is presently on appeal. $1.1M in plaintiff attorney fees Source: Verdict Search, Westlaw *Through 6/16/06 63 TOP CALIFORNIA PUBLIC ENTITY JURY VERDICTS* FOR ALL OTHERS Case Name Verdict Date Total Award Description Castillo v. San Gabriel Unified School District
Mar-05 $5,300,000 A high school football player alleged (Settlement) his severe brain damage was a result of allowing him to continue to play after sustaining a head injury in a game. Boggio v. Los Angeles County MTA Apr-05 $5,200,000 Pedestrian in crosswalk is struck by (Settlement) a city bus. Borja v. Santa Clara County Transportation Authority Aug-04 Joshua C. v. County of Orange Jun-05 $2,000,000 Foster children were negligently (Settlement) mistreated by the county. Anderson v. County of Sacramento Feb-04 $1,900,000 Slip and fall on an escalator that was (Settlement) inadequately maintained at
Sacramento International Airport. Source: Verdict Search, Westlaw *Through 6/16/06 $2,165,327 Disabled passengers scooter tipped over causing injuries when not secured properly by city bus driver. 64 TOP CALIFORNIA PUBLIC ENTITY JURY VERDICTS* FOR ALL OTHERS Case Name Condon-Johnson & Assoc. v. Sacramento Municipal Utility District Verdict Date Total Award Description Jul-05 $1,265,166 Breach of contract. City denied a claim for equitable adjustment submitted by drilling company working at hydroelectric plant. Plaintiff, Estate of Guardian v. Contra Costa County Sep-05
$1,118,434 A 54-year-old diabetic was left in a comatose state as a result of patient being negligently transported. Deschene v. City of Westminster May-05 $1,100,000 Defendant negligent in marking, (Settlement) maintaining, and providing warnings about utility line locations. Weir v. State of California Feb-05 $1,100,000 California Highway Patrol vehicle (Settlement) made u-turn across highway in front of approaching vehicle. Source: Verdict Search, Westlaw *Through 6/16/06 65 Thank you for your attention. Questions? David Matthiessen Munich Reinsurance America, Inc. Copyright 2007 Munich Reinsurance America, Inc. All rights reserved. The Munich Re America name is a mark owned by Munich Reinsurance America, Inc. The material in this presentation is provided for your information only, and is not permitted to be further distributed without the express written permission of Munich Reinsurance America. This material is not intended to be legal, underwriting, financial, or any other type of professional advice.