Hon. MARY FINGAL SCHULTE

PERSONAL INJURY

Representative Cases


TYPES OF PERSONAL INJURY CASES HANDLED:

  • Trip and fall
  • Slip and fall
  • Dog bites
  • Burns
  • Negligent security
  • Sexual abuse
  • Motor vehicle
  • Auto vs. pedestrian and auto vs. bicyclist
  • Spoliation of evidence claims
  • Design/governmental immunities


REPRESENTATIVE CASES:

  • Slip and fall in office after hours.  Plaintiff claimed maintenance company failed to put warning signs re wet floor.  City/comp. carrier paid all plaintiff/employee’s medical expenses.  Maintenance company settled with city.  Still negotiating with Plaintiff.  Defendant alleged comparative fault of plaintiff, and overtreatment.

  • Consolidated action for workers compensation subrogation and personal injury damages resulting from a slip and fall incident which occurred at plaintiff’s place of work.  Plaintiff alleged she slipped and fell on a recently mopped and still wet floor, and that there were no warning signs that floor was wet.  Employer sued maintenance company for indemnity and breach of contract.

  • Plaintiff claimed that she and her family suffered substantial and severe physical injuries as a result of exposure to mold while living in an apartment they subleased from another tenant.  Plaintiff alleged she had, as a result, constant sinus problems, a chronic cough, and loss of her voice, impacting her job at a radio station.   Plaintiff claimed she and her family endured cockroaches, worms, mold, and water intrusion while living at the apartment complex for 5 months.  Defendant denied the nature and extent of the claimed injuries, and denied causation.

  • Deaths of 3 minor girls hit by SUV on Halloween by defendant, who is in prison now. Issues of dangerous condition of public property, defective design.

  • While crossing an intersection in Santa Ana in an unmarked cross-walk, two children were struck in the northbound lanes by two vehicles driven by defendants. One died and one was seriously injured.  The children were headed with the rest of their family to In-n-Out Burger. 

  • Plaintiffs alleged the intersection lacked sufficient warning signs and signals to alert drivers about pedestrians, the street lights were not working, and the subject crosswalk and the adjacent construction zone was defectively designed and controlled. Plaintiff alleged that there were various peculiar conditions at the intersection which made street lights and warning signals necessary, including the high speed of motorists on that street, the high presence of pedestrian traffic, the adjacent construction zone, the average motor vehicle traffic, the street width, street markings, traffic control devices, lights and/or peculiar darkness at the location. Plaintiff also alleged that Defendants had actual knowledge of a high number of prior vehicle versus pedestrian incidents of a similar nature at the same location.

  • Plaintiff, then 17 years old, was hit by a driver under the influence of alcohol who failed to yield while walking in a marked cross-walk in City.  The cross-walk is located right outside a High School and at a busy intersection. As to the City, Plaintiff alleged one cause of action for dangerous condition of public property and that considering the accident history in the particular location where the Plaintiff was struck, the City should have installed, among other safety devices, appropriate signage and/or flashing lights to warn vehicles of the pedestrian traffic, pavement markers or other devices to properly control speed at the incident location, should have made efforts to improve visibility around the crosswalk where high school students would cross, and set forth proper crosswalk enforcement. 
    The driver is serving a prison sentence as a result of the incident.  
    Design immunity, dangerous condition issues.


  • The Complaint alleged Plaintiff was walking through the non-sterile portion of Terminal A of Airport when she tripped on a metal expansion joint.

  • Plaintiffs claimed that after attending a concert at a venue close to their hotel, and while returning to their hotel, they were unlawfully detained, assaulted and battered and falsely imprisoned by police officers. 

  • Plaintiff alleged that while working as a consultant operating out of a fire department, she was sexually assaulted and raped by the captain.  Plaintiff had long history of charges against police and fire personnel and litigious nature.

  • Plaintiff was a customer at a fast food restaurant, who alleged food was sold to her that was “tainted, dirty, diseased, foul, impure, soiled, spoiled, unclean and contaminated.”   Plaintiff asserted the food “had not been properly maintained, processed, handled, prepared, and approved for consumption” and  that she suffered food poisoning, and contracted the bacteria clostridum difficile, which resulted in traumatic and permanent brain injury.

  • Plaintiff, a diabetic with bi-lateral foot neuropathy, was injured and burned in a hotel steam shower. Ultimately he suffered a below the knee amputation of the right leg. He claimed inadequate warnings and negligent installation.

  • Negligence and product liability action by a reserve police officer who claimed a head injury from a rear end collision which she claimed caused her to impact the shotgun rack in the police vehicle.

  • Premises liability action. While visiting a shop at a large mall, plaintiff walked into a glass panel of the store as she was attempting to exit.

  • Electrocution injury occurring while plaintiff was trimming trees in a homeowner’s back yard.

  • Woman killed on Pacific Coast Highway, design defect issues, issues of under-insured driver negligence, and relevance of a CDL suspension for a matter unrelated to poor driving.

Judge, Orange County Superior Court (Ret.)