Significant Cases

Winer, McKenna & Burritt, LLP, has handled some of the most significant cases in the Bay Area and California. A number of the cases have had national implications and have not only resulted in large verdicts and settlements for clients, but also have at times contributed to important changes in our society.

The fact that the results below are listed in order of the amount of money awarded does not mean that the cases with the largest awards or settlements were the most significant. Many of the cases that are included which settled for confidential or relatively lower monetary amounts were very significant, not only for the Plaintiff but for consumers in general.

Many of the cases that Winer, McKenna & Burritt, LLP, has settled are highly confidential. In order to provide consumers with an accurate list of settlements, we have accurately stated the amount of the settlement and the facts of the case, but we have changed the location of the cases and the industry of the companies we have sued to make the identification of the actual company impossible.

The results of the cases below were based on the facts of the particular case and results will differ if based on different facts. Please read the disclaimer below before viewing the information provided here.

  • $7,130,000 — Prescription Drug Led to Brain Damage and Abuse Case Against Doctor
    Winer, McKenna & Burritt, LLP, represented a 43-year-old woman who had seen the same psychiatrist for ten years. During that time, he prescribed drugs which caused plaintiff to suffer from a brain injury and sexually abused his patient. As a result of her injuries, plaintiff became severely disabled, was unable to work for over ten years, and extensive future treatment was recommended. Plaintiff brought simultaneous licensing board, criminal and civil actions against defendant. A key issue in the case was the effect that Dexedrine, a prescription drug, had on the plaintiff. Defendant claimed that the Dexedrine, which is a potent amphetamine, was safe and did not cause Plaintiff damage. Winer, McKenna & Burritt, LLP, retained toxicology and psychopharmacology experts who testified that the Dexedrine in the way it was mis-prescribed was in fact dangerous and caused severe brain damage to the plaintiff.
  • $6,800,000 Four Young Boys Were Sexually Molested By A Male Teacher At Their Elementary School
    Plaintiffs were four boys who were sexually abused by their fourth grade teacher. The perpetrator-teacher (a male) taught at the defendant School District from 1997-1999. During that time, he molested two of the plaintiffs who were in his fourth grade class. The teacher left the school district in June 1999 and gained employment at another school district in September. In January 2000, several boys in his fourth grade class complained of improper touching by the teacher.
  • $5,600,000 —  Man Paralyzed By Defective Forklift
    Plaintiff was a 45-year-old mechanic who became paralyzed when a defective forklift fell over onto him while he was delivering products to a car dealership. Plaintiff delivered 20 pallets of coolant to a car dealership. At all other prior deliveries to other vendors, Plaintiff did not assist nor was he asked to assist in the unloading of the delivery he made.
  • $5,000,000 — Bad Faith Termination of Disability Insurance Benefits to Severely Disabled Former Dentist
    Plaintiff was a former dentist who could no longer perform his substantial and material duties due to partial blindness and loss of sensation in his hands and fingers. Plaintiff had two disability insurance policies with defendant insurer: one that guaranteed a lifetime of disability benefits should he ever become disabled from performing the substantial and material duties of a dentist; and one that would cover his business overhead expenses should he become disabled from performing these duties.
  • $4,200,000 — Four Young Boys were Sexually Molested by a Youth Leader at a Large Youth Sports Organization
    Four boys in their early to mid-teens were sexually harassed by a youth leader. There was a criminal case in which the leader was convicted and sent to prison. Winer, McKenna & Burritt, LLP, was retained to obtain compensation for the boys’ emotional injuries. Mr. Winer took the out of court testimony of the youth leader while he was in prison and the leader denied any sexual misconduct. Winer, McKenna & Burritt, LLP, established, however, that the youth leader was not appropriately supervised by the national organization or the local branches of the organization. In fact, he broke numerous organizational rules including exposing the young boys to pornography, which caused the plaintiffs severe emotional trauma.
  • $3,850,000 — Female Plaintiff in Her Mid 20’s Sues Medical Supply Company for Sexual Harassment and Retaliation
    Plaintiff was in her mid 20’s, working as a clerk for a large medical supply company. She claimed that she was sexually harassed and retaliated against by her supervisor. The company investigated the sexual harassment complaints and made a no substantiation finding, but made a finding in plaintiff’s favor in the retaliation case. During litigation, the company claimed it handled the situation appropriately. Winer, McKenna & Burritt, LLP, established that the offending supervisor was never appropriately disciplined and despite an earlier warning that he would be terminated if he committed one more wrongful act, defendant was not terminated when he was later found guilty of retaliation. Officers at the very highest level of the organization protected the supervisor, thereby exposing the company to the risk of a large punitive damage award which accounts for the result.
  • $3,850,000 — Settlement for a single-plaintiff sexual harassment case against a large insurer
  • $2,750,000 — 10-Year-Old Girl Raped by 28-Year-Old Actor at a Theater Company
    A 10-year-old girl attended a theater school on a daily basis after her elementary school day ended. One day she was alone in the locker room at the theater company after a rehearsal when a 28-year-old man, who had just had one of his scripts turned down by the theater company, cornered her in the locker room, took her to a secluded large closet and brutally raped her, causing severe psychological damage.
  • $2,500,000 — Judgment Against Bar That Served Drinks To Drunk Driver in Favor of Woman Employed By Bar
    Plaintiff in this case worked in a bar where it was her job to flirt with the customers and get them to drink more. At the end of the night, one of the very drunk customers offered to give her a ride home. The driver drove his car off the road and plaintiff received a severe spinal cord injury and was rendered a quadriplegic. Unfortunately, the driver only had a $15,000 insurance policy.
  • $2,000,000 — Two Filipino and Two Hispanic Employees Were Discriminated Against Based on Race and Nationality Retaliated Against by a Large Southern California Retail Company
    This case involved two Filipino and two Hispanic employees two males and two females who claimed that their employer first discriminated against them and then retaliated against them once the employees brought claims of discrimination.
  • $2,000,000 — Three Women Who Were Sexually Harassed During Physical Exams by a Company Doctor
    Plaintiffs in this case were three young women who were employees of defendant hospital. As part of their yearly physicals, they had to be examined by a male doctor who was on staff at the hospital. Plaintiffs alleged that the doctor sexually harassed them by inappropriately touching them during the physical examinations. They retained Winer, McKenna & Burritt, LLP.
  • $2,000,000 — Prescription Drug Claim Leads to Settlement of Bad Faith Case
    Plaintiff in this case was a woman in her 40’s who obtained a large judgment after a jury trial in a civil case. The defendant’s insurance company refused to pay the judgment, claiming there was no coverage. Winer, McKenna & Burritt, LLP, obtained the large judgment in the underlying case in the jury trial, and then received an “assignment” of the defendant’s rights and sued the insurance company to attempt to recover the judgment
  • $1,860,000 Teenage girls sexually abused by their volleyball coach
    Two girls were sexually abused by their volleyball coach at school and on a private volleyball team. The volleyball coach manipulated the young girls into trusting him and befriending him. He then got them addicted to drugs and engaged in sexual relations with them for an extended period of time.
  • $1,725,000 — Employees Settle Race and Gender Discrimination Case
    Plaintiffs were several female employees who claimed gender discrimination and a combination of male and female employees who claimed discrimination based on the fact that they were Hispanic. They wall worked for a large transportation company. Several of the plaintiffs were truck drivers who alleged that as women and/or Hispanics they were given inferior routes and had to perform more heavy labor than their male counterparts. Another plaintiff worked in the front office and claimed that she was paid substantially less than a male counterpart who performed the exact same functions.
  • $1,500,000 — Wrongful Death of a 28-Year-Old Man in a Freeway Collapse Case
    This case involved a tragedy which could have been avoided, the collapse of the Cypress Structure Freeway in Oakland, California, during the 1989 San Francisco earthquake. Winer, McKenna & Burritt, LLP, represented plaintiff widow and her eight-year-old twins who were fatherless when the freeway collapsed on top of decedent’s car, crushing him to death.
  • $1,423,000 — Female Patient Wins $1,423,000 in a Physical and Sexual Abuse Case Against her Psychotherapist
    Plaintiff, a young woman in her early 20’s who had a very disturbed childhood, began treating with a female psychologist she met at a counseling center. Over time, the psychologist inappropriately engaged plaintiff in a personal, sexual relationship which culminated in a fight in which the therapist attacked plaintiff, and then used her authority to have plaintiff arrested and criminal charges brought against her.
  • $1,300,000 — Two Women Sexually Harassed at Factory Site Owned by a Large National Corporation
    Plaintiffs were two women who suffered sexual harassment at the hands of a supervisor at a factory. Witnesses saw the supervisor leering at the plaintiffs and plaintiffs complained of the sexual harassment but were not helped out by the company, so they sought the services of Winer, McKenna & Burritt. Winer, McKenna & Burritt, through aggressive discovery were able to prove the plaintiffs sexual harassment claims were likely viable and the case settled after multiple mediations.
  • $1,200,000 — Five Women Sexually Harassed and Discriminated Against at Sports-Related Facility
    Five women brought a case against their employer, a sports related facility that was trying to appeal to male customers by having the women dress in sexually seductive clothing. The women were discriminated against and treated unequally compared to the male employees, and were sexually harassed by customers and supervisors alike. Defendants denied any misconduct, however Winer, McKenna & Burritt, LLP, was able to establish that sexual harassment and the discrimination likely occurred and that plaintiffs received psychological injuries as a result of the abuse. Cases settled for a variety of dollar amounts totaling $1,200,000.
  • $1,200,000 — Medical Malpractice Settlement on Behalf of Severely Brain Damaged Client
    Plaintiff was admitted to the hospital for shortness of breath and pneumonia. Due to a series of negligent actions on the part of the medical staff attending to his care, Plaintiff’s condition worsened while he was hospitalized, eventually causing him to stop breathing for a period of minutes. Plaintiff never fully recovered and remains to this day in what his current treaters have called a “persistent vegetative state.”
  • $1,100,000 — Product Liability Case Involving 35-Year-Old Man Has Spinal Cord Injury in Moveable Machine Accident
    Plaintiff was a 35-year-old man who was operating a moveable machine as part of his job in a grocery distribution company. He alleged that when he moved the gearshift forward, instead of going forward the machine went into reverse and as a result, the machine crashed into a rack on which boxes were placed, crushing his spine and causing a spinal cord injury with partial paralysis. The plaintiff could not sue his employer because of workers’ compensation preclusions, so the case proceeded against the machine manufacturer.
  • $1,007,809 — Male Plaintiff Sexually Harassed at a Large California Consumer Goods Company
    Plaintiff, a male in his mid-20’s, claimed he was sexually harassed and retaliated against at his male-dominated company by male co-workers who perceived him to be gay and effeminate. Co-workers made sexually harassing comments towards plaintiff and treated him roughly during the course of his employment. Further, one supervisor exposed himself to plaintiff in an apparent attempt to hit on plaintiff. Winer, McKenna & Burritt, through extensive litigation, established that the company had an out of control sexual culture in which the male employees treated other male employees terribly, particularly if they were perceived to be gay or effeminate. It was further established that employees were scared to report the harassment because of the code of silence and feared retaliation. After contentious litigation, an attorney fee motion was made once plaintiff accepted defendant’s statutory offer and the total amount of the settlement plus attorney fees resulted in a seven-figure settlement.
  • $1,000,050 — Toxic Exposure Victim Wins Settlement After Trial Verdict
    Plaintiff was a middle-aged man who was born severely brain damaged. Plaintiff’s mother never knew the cause of the brain damage until many years later she discovered that defendant company had dumped chemicals next to her house: chemicals containing lead, which is known to cause severe brain damage.
  • $1,000,000- Woman Sexually Abused as a Teenager by Police Officers She Worked With
    This case was brought 25 years after the sexual abuse occurred under a specific California statute that opened up the statute of limitations for one year due to the church sex abuse cases. Plaintiff was a teenage Explorer Scout at a police department in Southern California. Two police officers sexually assaulted and abused her, causing lifelong emotional distress and damages.
  • $1,000,000 — Toxic Tort Settlement on Behalf of Residents of Housing Project
    While an associate with another law firm, Winer, McKenna & Burritt’s associate, Jennifer Prusak, was heavily involved in a mass toxic tort action against a municipal housing authority on behalf of hundreds of residents of one of that city’s housing projects. The housing authority, without informing the residents, had exposed them to a number of chemicals proven by scientific literature to be carcinogens over a period of decades.
  • $1,000,000 — Bad Faith Denial of Disability Insurance Benefits to Schizophrenic Former Artist
    Plaintiff was formerly an artist with a very successful business. He had a large, very affluent clientele who would purchase from him regularly. In approximately 1998, however, Plaintiff began suffering from debilitating hallucinations and paranoid delusions, and had recurrent suicidal ideation. By 1999, Plaintiff was diagnosed with schizophrenia. At this point, he was admitted to a psychiatric hospital in Oregon and was taking extremely high doses of anti-psychotic medications on a daily basis. He was no longer capable of taking care of himself or of creating the art that previously made his career.
  • $867,135 — Cesar v. Kumin for woman injured in auto accident.
  • $850,000 — Multiple Women Sexually Harassed by Restaurant Manager
    The case involved multiple plaintiffs who all claimed to be sexually harassed by the same restaurant manager. The restaurant was one of several chain restaurant franchises owned by defendant. During the litigation the restaurant owner claimed that his company was going out of business. Despite the financial condition of defendant’s company, Winer, McKenna, & Burritt were able to prove plaintiffs’ claims and settle the case.
  • $829,000 — 77-Year-Old Man Brings Elder Abuse Claim Against Several Nursing Homes and Doctors
    Plaintiff was a man in his mid-70’s who injured his back when he fell off a ladder. Although he fractured a thoracic vertebra in the fall, the fracture went undiagnosed for four months, despite the fact that plaintiff was in hospitals or nursing homes for almost that entire time period and was seen by dozens of physicians. As a result of the failure to diagnose the fracture, plaintiff developed spinal cord compression which necessitated an operation and left plaintiff with a compromised ability to walk and with a lifetime of pain.
  • $800,000 — Fifty-Six Year Old Doctor Fractures Hip in Trip and Fall While Running
    Plaintiff in this case was fifty-six years old at the time of the accident. She was running at night when she encountered a 3 inch differential between slabs of concrete on a side walk. Her foot hit the differential and stopped moving while her body flew forward. Plaintiff ended up dislocating and fracturing her hip requiring a nine hour operation. Winer, McKenna & Burritt were retained and were able to obtain an opinion from the treating orthopedist that plaintiff would require two total knee replacements in the future.
  • $800,000 — Two Men Sexually Assaulted at a Southern California Rehab Facility
    Plaintiffs were two men in their early twenties who suffered from opiate addiction. Both had attended prior drug rehabilitation facilities, however, they had relapsed. The defendant and director of the facility, a medical doctor, befriended both young men separately and invited them to his house and attempted to sexually assault them. After several sexual assault attempts both young men independently came forward and reported the mistreatment by the perpetrator. The facility denied responsibility for the acts of the perpetrator and took the position that plaintiffs were overstating the injuries that they suffered from what the facility characterized as relatively minor sexual assaults (There was no actual sexual touching).
  • $800,000 — 30-Year Male Member of an Organization Sexually Harassed by Various Supervisors Over The Entire 30-Year Period
    Plaintiff sought the services of Winer, McKenna & Burritt, LLP, to help him receive compensation for the thirty years of sexual harassment at the hands of various supervisors in the organization in which he worked. The organization denied any misconduct and attempted to point out that it was very unlikely that plaintiff, as claimed, was sexually harassed by over ten different supervisors. Winer, McKenna & Burritt, LLP, sent plaintiff to a psychiatrist for evaluation to not only establish the significant nature of his psychological injury, but also, to help establish the veracity of his claims of misconduct and the fact the he was vulnerable to the type of sexual harassment to which he was exposed.
  • $775,000- Employee suffered severe injuries as a result of a defective dough mixing machine
    Plaintiff was in his 20’s when a defective dough mixer at his place of employment, a large commercial bakery, caused partial amputation of his arm. The dough mixer was manufactured in the 1950’s and was still being used. The dough mixer was stopped as Plaintiff was unloading the dough; however, the machine started to cycle unexpectedly and pulled Plaintiff’s entire body into the machine, causing catastrophic injuries.
  • $750,000 — Bad Faith Termination of Disability Insurance Benefits to Disabled Former Nurse
    Plaintiff, a San Francisco resident, was employed as an operating room nurse for twenty years prior to the onset of bulging discs in her back that prevented her from twisting, bending, or lifting any objects greater than 15 pounds. To treat her constant back pain Plaintiff was required to take a variety of painkilling medications, all of which had serious side effects that kept her from being able to focus, remember details, or think on her feet.
  • $750,000 — Bad Faith Termination of Disability Insurance Benefits to Former Paralegal with Traumatic Brain Injury
    Plaintiff was a paralegal for nearly twenty years until he was hit by a car and rendered unconscious. The result of this accident was traumatic brain injury that severely impaired his ability to reason, to think clearly and quickly, and to make decisions. This brain damage and resulting cognitive impairments were objectively verified by several board certified neurosurgeons and documented in MRIs and CT scans.
  • $700,000- Plaintiff Was Catapulted Off Equipment While Unloading a Shipment at Work
    Plaintiff sustained serious head trauma and other injuries as a result of an accident when he was off-loading a new 15,000-pound aerial boom lift from the bed of a highway trailer to the ground. Plaintiff had been a service mechanic for over 30 years and was employed in this position at the time of the accident.
  • $625,000 — Two Female Employees Sexually Harassed at Large California Chain Store
    Two young female employees were sexually harassed by a supervisor at their company. The company refused to provide adequate compensation even after Winer, McKenna & Burritt, LLP, aggressively litigated the case, throwing the case into arbitration (trial) in front of an arbitrator instead of a jury. Plaintiffs won the arbitration and they were not only awarded compensation, but also attorneys’ fees. The total of that amount was $625,000.
  • $600,000 – 21 Year Old Woman Settles Case of Childhood Sexual Abuse and Sexual Harassment
    Winer, McKenna, & Burritt represented a young woman in the LA area who brought claims for sexual abuse and sexual harassment against a man and his company, where she has been employed, for repeated molestation and sexual assaults he had subjected her to while she was a minor. The man, married and in his forties, had been a family friend and had also hired the Plaintiff at his family-owned business. He began sexually molesting the girl when she was in her early teens which went on for years, and out of fear and shame and the fact that the man was a family friend, the girl did not report this conduct to her mother until she was 17.
  • $500,000 — Woman in Her Early Twenties Endures an Abusive Relationship With Her Psychotherapist
    Plaintiff, a woman in her early twenties, sought treatment with a psychotherapist for an eating disorder. Instead of helping her with her eating disorder, the psychotherapist became attracted to his patient and violated the “therapeutic container” by expressing his interest and love for her in frequent, long e-mails and phone calls. Once the plaintiff retained Winer, McKenna, & Burritt they collected the relevant evidence, retained a psychiatric expert witness who found that the standard of care was violated and the plaintiff was seriously injured by the therapist breach, even though there was no sexual contact.
  • $500,000 — Latino Male Sexually Harassed and Retaliated Against at a National Chain
    Plaintiff, a Latino male in his late 20’s was an illegal immigrant working at a national chain. The supervisor at that chain sexually harassed him by making aggressive sexual advances towards plaintiff and performing oral sex on plaintiff off the premises. Winer, McKenna & Burritt, LLP, was able to establish that, more likely than not, the sexual harassment occurred, and also that the company failed in its responsibility to conduct a fair, prompt and reasonable investigation. Employees of the company who conducted the investigation took no notes and did not follow standard investigation practices for such an investigation. Winer, McKenna & Burritt, LLP, also sent the plaintiff out for a psychological evaluation and it was determined that he needed several hundred thousand dollars of treatment for future psychotherapy. The case was heavily litigated and settled on the courtroom steps.
  • $500,000 — Young Woman Sexually Harassed and Retaliated Against by Supervisor at Southern California Medical Clinic
    Plaintiff, a young woman, was allegedly sexually harassed by her supervisor and multiple others in the company. Rather than accepting responsibility for their actions, defendant denied any responsibility. Winer, McKenna & Burritt, through aggressive litigation established that the sexual harassment likely occurred, that defendants failed to properly investigate plaintiff’s allegations, and that plaintiff was later retaliated against.
  • $500,000 — Male Plaintiff Sexually Harassed at a National Transportation Company
    Plaintiff, a man in his 20’s, worked off location at a national transportation company. The supervisor of the location subjected plaintiff to unwanted pornography, touched plaintiff inappropriately and made inappropriate sexual comments towards plaintiff. The company attempted to defend the supervisor’s actions by claiming that it was just horseplay between male employees and not actually sexually orientated. Winer, McKenna & Burritt, through witnesses and plaintiff’s testimony was able to demonstrate the sexually harassing nature of the supervisor’s conduct, and that the lewd sexual conduct was unwanted by plaintiff, who was forced to watch the pornography by the supervisor. Despite nominal wage loss, the case reached a substantial settlement.
  • $500,000 — African American Employees Win Racial Discrimination Lawsuit
    Plaintiffs were four African American women who were employed by a health service provider. They alleged that they were not treated as well as Caucasian employees and that the president of the company made numerous derogatory racial remarks.
  • $500,000 — 15-Year-Old Girl Molested by a Doctor at a Hospital
    Plaintiff was a 15-year-old girl who was recovering from a significant brain surgery at a hospital. Plaintiff alleged that a neurosurgeon who was following her recovery molested her two times. Plaintiff reported the first molest to her mother. Her mother reported the molesting to the hospital and asked them to make sure that it never happened again. The hospital failed to take appropriate action and the second molest occurred.
  • $485,000 — Male Plaintiff Working at a National Chain Sexually Harassed Because of His Perceived Homosexual Orientation
    Plaintiff, a young man in his late 20’s, worked for a national chain. Everything was going well at his job, until one day he was visited by a gay friend at the job and from that time on all the employees of the company perceived plaintiff to be gay and made homophobic comments against him, ostracized him and refused to work cooperatively with him. As a result of the sexual harassment, plaintiff had a nervous breakdown, a psychotic episode, and ended up hospitalized. By performing an extensive investigation, Winer, McKenna & Burritt, LLP, was able to turn up evidence which tended to establish the accuracy of plaintiff’s allegations, and had plaintiff evaluated by a psychiatrist who confirmed the seriousness of his psychological injury.
  • $450,000 — Woman Sexually Harassed by Supervisor
    Plaintiff was a middle age woman who worked in a factory in Northern California. During the course of her employment, her supervisor made lewd sexual advances toward her and inappropriately sexually touched her. During litigation, the supervisor denied any inappropriate conduct. Winer, McKenna & Burritt, LLP, was able to establish through witnesses and taking the supervisor’s deposition that, he in fact did engage in sexually inappropriate conduct and made inappropriate statements toward plaintiff.
  • $425,000 — Woman in Her Late 20’s Sexually Harassed at a Restaurant
    Plaintiff, a woman in her late 20’s, worked as a waitress in a restaurant in rural California. Her supervisor at the restaurant sexually harassed her, both through inappropriate touching and other lewd sexual behavior and comments. Defendant’s insurance company did not want to adequately compensate plaintiff for her injuries despite the fact the plaintiff made an excellent witness who was even believed by the defense counsel. As a result, Winer, McKenna & Burritt, LLP, had to aggressively litigate the case, and was able to achieve just compensation on behalf of plaintiff.
  • $400,000 — Thirty Year Old Woman Sexually Harassed by Executive of a Marketing Company
    For several years a woman was sexually harassed by her boss, an executive at a national marketing company. The woman worked and lived in California and the boss lived and worked in the Midwest and occasionally made work visits to California. Every time the perp entered California he sexually pursued the plaintiff, thereby, allegedly creating a hostile work environment.
  • $400,000 — 40-Year-Old Man Injured in Bicycle/Auto Collision
    Plaintiff, an expert bicyclist, was riding his bike to work early one morning when a small truck driven by a repairman took a left-hand turn in front of plaintiff. Plaintiff collided with the side of the truck, suffering a severe shoulder injury which required two operations and left plaintiff with some limited motion and a slightly drooping shoulder.
  • $350,000 — Male Plaintiff in His Late 30’s Received Back and Knee Injury in a Car Accident
    Plaintiff was driving his vehicle when another car took an illegal left hand-turn in front of plaintiff causing plaintiff to hurt his knee and back. During litigation, the defense challenged the nature of the extent of plaintiff’s injuries, however, through the use of medical experts; Winer, McKenna & Burritt, LLP, was able to confirm the seriousness of plaintiff’s injuries and the appropriateness of present and future treatment.
  • $350,000 — Male Plaintiff in His Late 30’s Received Back and Knee Injury in a Car Accident
    Plaintiff was driving his vehicle when another car took an illegal left hand-turn in front of plaintiff causing plaintiff to hurt his knee and back. During litigation, the defense challenged the nature of the extent of plaintiff’s injuries, however, through the use of medical experts; Winer, McKenna & Burritt, LLP, was able to confirm the seriousness of plaintiff’s injuries and the appropriateness of present and future treatment.
  • $349,218 — Justet v. United Airlines for a disabled worker
  • $345,000 — Three Women Sexually Harassed at a Mall Chain Store
    Three plaintiffs who worked at a chain store in a mall were sexually harassed by their supervisor who denied any misconduct. Winer, McKenna & Burritt, LLP, established that the misconduct likely occurred and the women received a significant settlement as a result of injuries from the sexual harassment, despite having only minimal wage loss and medical expenses.
  • $325,000 — Male Plaintiff Sexually Harassed and Retaliated Against by His Female Supervisor at a Local Company
    Plaintiff, a male in his early 30’s, was very submissive by nature and had been abused by girlfriends in the past. Plaintiff worked alone with defendant female supervisor who lived on the premises of the company with her husband. Plaintiff claimed that the supervisor came on to him and attempted to engage him in a sexual relationship, which he resisted. During litigation, the supervisor denied any attraction to plaintiff, and claimed she was deeply in love with her husband and would never engage in such conduct towards plaintiff. Winer, McKenna & Burritt, LLP, was able to establish evidence that tended to indicate that the female supervisor was attracted to plaintiff and did make sexual advances towards him at various points during his employment. Further, Winer, McKenna & Burritt, LLP, established numerous acts of retaliation by the company, which occurred after plaintiff reported his claim. Plaintiff was forced to transfer to a worse location and Winer, McKenna & Burritt, LLP, was able to find emails which indicated that the company was trying to force plaintiff out because of the perception that he was a troublemaker.
  • $312,500 — Female Sales Person for Large Mall Chain Sexually Harassed by Supervisor
    Plaintiff, a woman in her 20’s, was a sales associate for a national mall chain store. Her supervisor allegedly sexually harassed her, and plaintiff received injuries as a result of the sexual harassment. The company denied any responsibility for the sexual harassment, but Winer, McKenna & Burritt, through aggressive litigation, established that the sexual harassment likely occurred and that plaintiff suffered significant injuries as a result of the sexual harassment.
  • $309,000 — Female Employee in Her Early 20’s Sexually Harassed on a Business Trip by Her Supervisor
    On a number of business trips which plaintiff was forced to go on with her supervisor, (despite complaining about earlier trips in which the supervisor acted inappropriately), defendant supervisor sexually harassed plaintiff. The harassment consisted of attempting to engage in sexual activities with plaintiff in her motel room and on car drives to sales appointments. Plaintiff was psychologically injured as a result of the supervisor’s misconduct. Despite denying any wrongdoing, defendants settled on the courtroom steps on the day of trial.
  • $302,973 — Plaintiff Sexually Harassed and Discriminated Against by a Manufacturing Company
    Plaintiff, a woman in her 30’s, was sexually harassed by her supervisor at a manufacturing company. In addition to the sexual harassment, plaintiff was also discriminated against based upon her gender. The company denied any misconduct and denied that plaintiff was fired as a result of complaining of sexual harassment by her supervisor. Winer, McKenna & Burritt, LLP, litigated the case and was able to find evidence which tended to indicate the validity of plaintiff’s claims of sexual harassment and sexual discrimination and the case was settled after extensive litigation.
  • $300,000Law Student in His Early Twenties Receives Multiple Fractures and a Back Injury in a Bicycle Versus Auto Collision
    Plaintiff was riding his bicycle in Oakland. A car made a left hand turn in front of plaintiff and he flew off his bicycle. In result of the accident plaintiff suffered a minor left ankle fracture, and a minor right toe fracture and a herniated disk. The defense took the position that they were responsible for plaintiff’s fractures, however, they retained an expert to state that plaintiffs back condition pre-existed the accident. Winer, McKenna, & Burritt were hired to represent plaintiff.
  • $300,000 — Two Male Employees Sexually Harassed at Large National Company
    Plaintiffs were dockworkers for a large national company. They were sexually harassed by supervisors who perceived them to be gay. Plaintiffs’ supervisors made extremely offensive comments based upon this perception, and engaged in sexual gestures aimed at plaintiffs. The company defended the case, claiming that plaintiffs and the alleged offending supervisors were just engaging in horseplay and that plaintiffs “gave as good as they got.” Winer, McKenna & Burritt, through extensive litigation, established that plaintiffs were, in fact, mistreated based upon their perceived sexual orientation and that the supervisors engaged in inappropriate conduct of a sexual harassing nature. Neither plaintiff sought psychotherapeutic treatment.
  • $285,000 — Young Woman Working in a Mall Sexually Harassed by a Supervisor
    Plaintiff was working in a mall store in the bay area. She alleged that she was sexually harassed by her supervisor who would make sexual comments to her, sexually pursue her, and made offensive sexual gestures. The perpetrator denied any inappropriate conduct and the store conducted an investigation clearing him. Plaintiff retained Winer, McKenna, & Burritt who performed an extensive investigation and discovery which tended to support plaintiffs side of the claim. In addition, plaintiff retained a psychological expert who found that she was seriously damaged as a result of the sexual harassment. Further, the law firm claimed that the defense performed an inadequate and biased investigation that disempower plaintiff.
  • $275,000 – Young Woman Sexually Harassed at Retail Store in Northern California
    Plaintiff, who was 19 at the time, worked for a retail store where she alleged she was sexually harassed by her supervisor, an assistant store manager. He asked her out on dates repeatedly, and made disgusting sexual remarks to her and about her body. Plaintiff was afraid to report this conduct at first, but eventually told the store manager and HR.
  • $275,000 — Settlement for Retaliation Only Case on Behalf of a Female Plaintiff in Her 30’s
    Winer, McKenna & Burritt, LLP, represented plaintiff in a prior sexual harassment case. Following the resolution of that sexual harassment case, plaintiff claimed that the company retaliated against her for her complaints and for availing herself of her rights, denying her promotions and subjecting her to ridicule.
  • $250,000 — Woman Claims Medical/Disability Discrimination and Harassment by a Hardware Company
    While employed by defendant hardware company, plaintiff was in a car accident and received an injury to her neck. As a result of the injury to her neck plaintiff missed days at work. She was then fired. Winer, McKenna, & Burritt were retained and alleged that plaintiff was fired as a result of her medical condition/disability which was a wrongful termination. The defense claimed that plaintiff was terminated because she could not get along with her co-workers and for poor performance. In discovery, Winer, McKenna, & Burritt found company e-mails that indicated plaintiff was fired as a result of her disability. The case then settled.
  • $250,000 — Male Plaintiff Sexually Harassed by a Male Supervisor
    Plaintiff, a male in his 20’s, was sexually harassed by his male supervisor. The company defended the case by claiming that plaintiff and supervisor were simply engaged in horseplay and not sexual harassment. Winer, McKenna & Burritt, LLP, established the sexual nature of defendant’s misconduct and obtained fair compensation on behalf of plaintiff.
  • $240,000 — Woman Harassed at Small Electronic Sales Company in Bay Area
    Plaintiff was a 20-year-old woman working for a small electronic sales company in the Bay Area who alleged she was sexually harassed by the president of the company. He started out complimenting Plaintiff, then telling her about his sex life. He then escalated his conduct by propositioning the Plaintiff for sex, despite her repeated refusals, and even offered to pay her for sex.
  • $234,500 — Plaintiff Female Porn Star Sexually Harassed at Communication Company After Someone in the Communication Company Discovered That She Had Participated in Pornographic Movies
    Plaintiff freely admitted that she participated in pornographic movies, but decided to leave the pornography industry to “go straight” and establish a career in business. While she was attempting to establish that career, one of her supervisors found out that she was in the porn industry and distributed her pornographic movies to her co-workers and sexually harassed her based on the fact she had been in the movies. Plaintiff was devastated by the fact that she was not able to escape her past and that a single supervisor had destroyed her career. Winer, McKenna & Burritt, LLP, was able to establish the nature of plaintiff’s devastation as a result of a legitimate desire to go straight, yet, to have her past haunt her as a result of a supervisor violating California sexual harassment laws.
  • $225,000 – Bay Area Police Officer Brings Suit for Retaliation
    Winer, McKenna, & Burritt, LLP represented a female police officer in a retaliation claim against a Bay Area Police Department. Plaintiff had previously complained about discrimination in the workplace and alleged she was now being subjected to retaliation for those complaints.
  • $225,000 — Female Employee Sexually Harassed by Manager
    Plaintiff, a woman in her early 30’s worked for a large firm. A manager of that firm frequently made sexual advances towards her, and attempted to sexually assault plaintiff. The manager denied the conduct, and the company performed an inadequate investigation which excused the manager’s conduct. Winer, McKenna & Burritt, LLP, litigated the case established that the sexual harassment more than likely occurred and that the company failed in its responsibility to perform an adequate investigation due to the inexperience of the investigators.
  • $210,000 — 30-Year-Old Male Sexually Harassed in a Northern California Hotel
    Plaintiff, a 30-year-old male, worked at the desk of a hotel in Northern California. He claimed that his supervisor sexually harassed him by coming on to him and engaging in various inappropriate sexual innuendo. The company denied any responsibility for the supervisor’s actions, however, witness testimony demonstrated that plaintiff was more likely than not sexually harassed and injured by that sexual harassment.
  • $200,000 — African American Woman Sexually Harassed at Her Company
    Plaintiff, an African American woman in her 20’s was sexually harassed by a supervisor at her company. The company defended the claim by attacking plaintiff, claiming that she had been fired from a prior job for watching pornography and, in fact, was a former member of the pornographic industry. Plaintiff vehemently denied these attacks; however, defendants were able to establish some evidence that she had been fired from a prior job based on the pornography. Winer, McKenna & Burritt, arguing trial what happened at a prior job was irrelevant. Winer, McKenna & Burritt, LLP, refocused the case at the sexual harassment at the current job. As a result, Winer, McKenna & Burritt, LLP, was able to obtain a good settlement on behalf of plaintiff based upon establishing that she had, in fact, likely been harassed at her current employment.
  • $185,000 — Plaintiff Date Raped by a Fellow Student at a Large University
    Plaintiff, a female college student, brought this case against the perpetrator who she claimed date raped her after they met at a campus brewery. Plaintiff voluntarily went to the dorm room of the perpetrator, however, when she tried to leave, the perpetrator allegedly falsely imprisoned plaintiff and sexually attacked her, though he did not fully penetrate her. Winer, McKenna & Burritt, LLP, by carefully pleading the case was able to get the perpetrator’s home owner’s insurance company to pay for a significant settlement, despite the fact that the insurance company claimed that there were sexual act exclusions which prevented them from paying any money at all.
  • $185,000 — Factory Worker Not Given Reasonable Accommodations and Harassed for his Disability
    Winer, McKenna, & Burritt, LLP represented a man who experienced severe migraines and who alleged he was not being reasonably accommodated and was being harassed for this disability. The Plaintiff had suffered a head injury while at his job at a factory in southern California which led to a worker’s compensation claim.
  • $175,000 — 2-Year-Old Boy Fell Off Playground Equipment at a Daycare Center and Fractured His Arm
    Plaintiff, a 2-year-old boy, was climbing on some equipment in the backyard of a daycare without adequate supervision, when he fell off the equipment, fracturing his arm. The owner and employees of the daycare attempted to avoid responsibility by coming up with multiple stories as to how plaintiff hurt himself, blaming plaintiff instead of accepting accountability for their actions. Winer, McKenna & Burritt, LLP, established that plaintiff was, in fact, inadequately supervised, and that even though the equipment was in good shape, the young boy should not have been allowed to climb such a large piece of equipment and should have been more closely supervised. Further, through medical testimony, Winer, McKenna & Burritt, LLP, provided evidence that the young boy had a chance of having significant problems in the future as a result of his arm fracture.
  • $175,000 — Woman in Her 40’s Sexually Harassed, Not Because of Her Attractiveness, but Rather Because of Her Perceived Unattractiveness
    Plaintiff, a woman in her 40’s, worked for a blue-collar industry company in which she was the only female employee. This was not a typical sexual harassment case in which a woman was hit-on because of her attractiveness. Rather, the male supervisors in the company consistently made fun of plaintiff for being obese and unattractive. They engaged in juvenile behavior such as making fun of her, calling her names, telling her that she smelled, and consistently demeaning her. When Winer, McKenna & Burritt, LLP, took the case, the company did not want to pay any money for settlement because of the unusual nature of the case and the fact that it was clear that none of the defendants sexually harassed plaintiff because of her attractiveness. Through the course of litigation, Winer, McKenna & Burritt, LLP, convinced the defense and a mediator that plaintiff did suffer significant emotional injuries because of the way she was demeaned and made fun of, despite her hard work.
  • $150,000 — Seventy-Three Year Old Man Burned in an Electrical Accident
    Plaintiff was a 73 year old man who rented space in an otherwise deserted building. Plaintiff noticed an electrical failure and went to check the fuse box. While checking the fuse box plaintiff felt an explosion and received a burn injury. Defendants blamed plaintiff for causing his own injury. Winer, McKenna, & Burritt were retained and by hiring multiple electrical experts were able to establish the cause of the accident to be a faulty fuse box.
  • $150,000 — Male Police Officer Sexually Abused by Chiropractor in Southern California
    A male police officer received an on-the-job back injury. He sought the treatment of a chiropractor who amongst other things grabbed plaintiff’s genitals during a single appointment. The chiropractor denied the sexual conduct, but the police officer was highly creditable at his deposition and Winer, McKenna & Burritt, LLP, was able to obtain a settlement for this one time sexual assault, despite the fact that the officer did not receive any psychological treatment.

 

The result in the cases above were based on the facts of the particular case, and results will differ if based on different facts. No guarantee, warranty or prediction is being made regarding any particular case or injury.

No inference is intended regarding the dollar amount of any Confidential Settlement listed above. The identity of defendants and locations of cases in the results listed above have often been changed to comply with confidentiality provisions. The facts, general nature of the cases, and the description of the work done by Winer, McKenna & Burritt, LLP, remains accurate, as does the amount of the settlements.