Aoki jumping into raft during 2012 concert
DJ Steve Aoki jumps onto a raft during a concert in 2012.

In a high-profile trial, the Hard Rock Hotel was sued by a concertgoer injured when celebrity DJ Steve Aoki launched himself into the crowd at a 2012 concert. While the plaintiff sought $10.7 million in damages, Klinedinst shareholders Kevin Gramling and Ernest Weiss were able to prove to a California jury that the hotel could not have predicted Aoki’s actions, and was not responsible for the plaintiff’s injuries.

SAN DIEGO, CALIFORNIA – Two Klinedinst shareholders, Kevin J. Gramling and Ernest L. Weiss, have won a jury trial in a high profile case filed by a woman who, in court filings, claimed injuries suffered when a celebrity DJ climbed the stage truss 20 feet into the air at a concert and stage-dived into the crowd.

Case documents, filed in San Diego Superior Court, describe the events that took place when Hard Rock Hotel San Diego hosted DJ Steve Aoki in its outdoor concert venue in 2012.  Security footage showed Aoki launching an inflatable boat into the crowd. He then climbed up a truss around the stage, and proceeded to jump from about 15 feet into the raft. The plaintiff was under the inflatable raft when Aoki landed in the raft, and she alleged that the impact from Aoki left her with a broken neck, herniated cervical discs, and a traumatic brain injury.

After the incident, the plaintiff filed suit against Hard Rock Hotel for negligence. In her filings, plaintiff was seeking in excess of $10.7 million in future medical costs and damages, including pain and suffering. She also sued Aoki, who settled out of court for an undisclosed amount. On the eve of trial, and with her case against Aoki settled, the plaintiff made a $1 million trial demand, which was rejected by the defense.

In case transcripts and video taken in court, Mr. Gramling and Mr. Weiss presented a vigorous defense on behalf of the Hard Rock Hotel against the allegations. Throughout the course of the trial, they argued that the hotel had no prior warning or notice that Aoki would perform the stunt. The plaintiff argued that the hotel should have known that Aoki may perform such a stunt (based on past concerts).

Court records show that Gramling and Weiss argued the hotel should not shoulder the blame for actions of others. In addition, they were able to demonstrate that Aoki’s decision to even try the jump was made during the show, about five minutes before he actually jumped, and that Hard Rock Hotel had no advance warning of the dangerous stunt. Through medical experts, they also argued that the plaintiff’s injuries were not as severe as alleged, including her claim of cognitive brain dysfunction and traumatic cervical disc herniation. The defense argued that many of her expert witnesses had been brought in with the express intent of building a large dollar verdict.

The jury ended up deliberating for about 35 minutes before returning a verdict of 10-2 in favor of the defense.

“In every way, this is an incredible result for our clients by Kevin and Ernie,” said John Klinedinst, Founder and CEO of Klinedinst PC. “They presented a vigorous defense, and were able to cut through the emotion and expert witness testimony to clearly and convincingly advocate on behalf of our client. We thank Hard Rock Hotel for its trust during this high-exposure case, and congratulate Kevin and Ernie on this terrific result.”

Both shareholders for the defense are experienced trial lawyers. Mr. Gramling, who manages the firm’s Santa Ana office, secured a defense verdict in the first mold wrongful death case to ever go to trial.  He is a member of the American Board of Trial Advocates (ABOTA), an invitation-only organization of elite trial lawyers who demonstrate the highest levels of integrity and skill. Mr. Weiss has prevailed at trial in a number of complex cases, including those involving traumatic brain injury and premises liability.

“With our client facing an eight figure lawsuit, a jury agreed that our client met the standard of care,” Gramling said. “Hard Rock Hotel should never have been brought into this matter in the first place, and we thank the jury for seeing this case through to its proper conclusion.”

The case is Hickman v. Hard Rock Hotel San Diego (San Diego Superior Court, Case No. 37-2013-00064985-CU-PO-CTL). Plaintiff was represented by lead counsel John Gomez, with assistance from Jeremiah Lowe and Jessica Sizemore of Gomez Trial Attorneys.

Klinedinst congratulates Mr. Gramling and Mr. Weiss for their success in this high value, high-profile case.  For more information on Mr. Gramling and his qualifications, please visit:

KevinGramling.com

And for more information on Mr. Weiss, click on:

ErnestWeiss.com

About Klinedinst

Klinedinst has become the go-to firm for clients across California, across the West, and across the globe. Our litigators, trial attorneys, and transactional lawyers guide clients through every problem, finding solutions at every turn. The firm serves clients from offices in Los Angeles, Sacramento, San Diego, Santa Ana, and Seattle. Whether representing businesses in court, helping negotiate transactions, or handling matters in state, federal, or appellate courts, Klinedinst attorneys help get the job done.

The 2016 Northern California edition of Super Lawyers® has recognized three Klinedinst attorneys, an honor that is reserved for less than 5% of eligible attorneys. Natalie Vance appears on this year’s list for their seventh straight year, while Michael Carruth has been named by the magazine as one of its Rising Stars.

SSuper Lawyers®ACRAMENTO – Klinedinst is pleased to announce that three Sacramento attorneys have been honored by Northern California Super Lawyers®.

Michael Carruth
Michael W. Carruth
Photo of Natalie Vance
Natalie P. Vance

This year’s Super Lawyers honorees include:

The 2016 list of Rising Stars features:

Super Lawyers is a peer-review publication, where attorneys in geographic regions are encouraged to nominate fellow attorneys that exhibit the highest legal skills. The resulting list of nominations is carefully vetted and screened by Super Lawyers‘ own research team before being announced. Fewer than 5% of eligible licensed attorneys find themselves on the Super Lawyers list, while just 2.5% are honored as Rising Stars.

“This is a terrific distinction for Natalie and Michael,” noted John Klinedinst, Founder and CEO of Klinedinst PC. “To be recognized by the publication means you have earned the respect of your fellow attorneys. Natalie and Michael are indeed all-stars in their respective fields, and I congratulate them on this excellent achievement.”

This year marks the first Rising Star distinction for Michael Carruth, while this is the seventh consecutive year on the Super Lawyers list for Natalie Vance. Ms. Vance was also recognized as a Rising Star in 2009. Twenty Klinedinst attorneys have been recognized as Super Lawyers and Rising Stars in 2016.

Klinedinst congratulates Mr. Carruth and Ms. Vance on their recognition in the 2016 Northern California Super Lawyers. To learn more about each of these attorneys, please visit:

www.klinedinstlaw.com/profiles

About Klinedinst

Klinedinst has become the go-to firm for clients across California, across the West, and across the globe. Our litigators, trial attorneys, and transactional lawyers guide clients through every problem, finding solutions at every turn. The firm serves clients from offices in Los Angeles, Sacramento, San Diego, Santa Ana, and Seattle. Whether representing businesses in court, helping negotiate transactions, or handling matters in state, federal, or appellate courts, Klinedinst attorneys help to get the job done.

Thomas Daugherty addressed the many changes that the minimum wage hike and earned sick leave expansion will bring for employers at North San Diego Business Chamber’s FLSA Wage Law Forum.

Photo of Thomas E. Daugherty
Thomas E. Daugherty

SAN DIEGO – Klinedinst employment attorney Thomas E. Daugherty was a keynote speaker where he discussed the recent minimum wage and paid sick leave increases at North San Diego Business Chamber’s FLSA Wage Law Forum on Wednesday, July 20, 2016.

Mr. Daugherty reviewed the recent approved ballot referendum, the Earned Sick Leave-Minimum Wage Ordinance, which expands the use of earned sick leave from three days per year to five days per year, and increases the minimum wage from $10.00 per hour to $10.50 per hour. Mr. Daugherty is an experienced employment attorney based in San Diego, litigating employment cases while counseling business clients in ways to prevent the issues that lead to litigation.

Employers and business owners throughout San Diego County may have employees performing work within the geographic boundaries of the City of San Diego. Employers need to prepare for the new ordinance, which may significantly impact their pay practices.

About Klinedinst

Klinedinst has become the go-to firm for clients across California, across the West, and across the globe. Our litigators, trial attorneys, and transactional lawyers guide clients through every problem, finding solutions at every turn. The firm serves clients from offices in Los Angeles, Sacramento, San Diego, Santa Ana, and Seattle. Whether representing businesses in court, helping negotiate transactions, or handling matters in state, federal, or appellate courts, Klinedinst attorneys help to get the job done.

Natalie Vance hosted a webinar offering guidance to lawyers on how to navigate recent changes to California’s Rules of Professional Conduct. As the application of ethical rules continues to evolve, it is essential to maintain a strong understanding of ethical duties.

Photo of Natalie Vance
Natalie P. Vance

SACRAMENTONatalie P. Vance, Managing Shareholder of Klinedinst PC’s Sacramento office, conducted a Lorman Education Services legal ethics webinar on Monday, June 27, 2016.

With technology rapidly changing how people communicate, gather information, and how courts evaluate attorney conduct, the use of California’s ethical rules to practice law has continued to expand. Ms. Vance offered attorneys and legal assistants practical guidance and valuable insight to better understand the connection between the California Rules of Professional Conduct governing the profession and social media. Furthermore, recent court decisions have forced attorneys to reassess how they manage certain situations. This webinar illustrated how to recognize and manage conflicts of interest in joint representation settings, to disclose professional relationships, and to properly and effectively settle disputes.

Ms. Vance is a California legal malpractice specialist who has represented attorneys and law firms in litigation and state bar proceedings for more than 15 years. She frequently conducts seminars and workshops on California legal ethics and attorney malpractice. Ms. Vance contributes to the professional ethics column in the Daily Journal, and is Vice Chair of the California State Bar Commission on Legal Malpractice Law Specialization.

Klinedinst congratulates Ms. Vance on the legal ethics webinar. To learn more about the webinar, visit the Lorman website here.
About Klinedinst

Klinedinst has become the go-to firm for clients across California, across the West, and across the globe. Our litigators, trial attorneys, and transactional lawyers guide clients through every problem, finding solutions at every turn. The firm serves clients from offices in Los Angeles, Sacramento, San Diego, Santa Ana, and Seattle. Whether representing businesses in court, helping negotiate transactions, or handling matters in state, federal, or appellate courts, Klinedinst attorneys help get the job done.

Santa Ana Managing Shareholder Kevin Gramling has been elected as member to the American Board of Trial Advocates. Membership in ABOTA is invitation-only, and trial attorneys selected display high personal character, honorable reputation, and proficiency in the courtroom.

Photo of Kevin Gramling
Kevin Gramling

SANTA ANA – Klinedinst PC is pleased to announce Shareholder Kevin J. Gramling has been formally accepted into membership of the highly-respected American Board of Trial Advocates (ABOTA).

ABOTA selects members on an invitation-only basis among elite trial lawyers who demonstrate the highest levels of integrity and skill. Qualifying members must have completed a minimum of ten civil jury trials to verdict as lead counsel, and be approved by votes of the local and national boards. The organization only accepts attorneys who display skill, civility and integrity, a willingness to help younger attorneys achieve a higher level of trial advocacy, and a commitment to educate the public about the vital importance of the Seventh Amendment.

“We would like to congratulate Kevin on this distinct honor in his legal career,” said John Klinedinst, Founder and CEO of Klinedinst PC. “As a seasoned trial attorney, Kevin is known to his clients and colleagues as a tenacious, brilliant trial lawyer. We are thrilled to see him join as a member of this prestigious advocacy group.”

ABOTA advocates for “justice by the people” through the preservation and promotion of the civil jury trial. It fosters improvement in the ethical and technical standards of practice in the field of advocacy, ensuring clients always receive the most effective representation. Members represent both plaintiff and defendants in civil cases, and all ABOTA members have earned great distinction in their trial work.

Kevin Gramling has tried civil cases to verdict as lead counsel in superior courts throughout California. He is the managing shareholder at the firm’s Santa Ana office and has extensive experience defending transportation, product liability, premises liability, mold and indoor air quality, and professional liability claims. Mr. Gramling is active in the legal community and served as lieutenant in the U.S. Navy.

To read more on ABOTA, visit ABOTA.org. And for more information on Mr. Gramling, please visit:

https://klinedinstlaw.com/profiles/attorney/kevin-gramling

About Klinedinst

Klinedinst has become the go-to firm for clients across California, across the West, and across the globe. Our litigators, trial attorneys, and transactional lawyers guide clients through every problem, finding solutions at every turn. The firm serves clients from offices in Los Angeles, Sacramento, San Diego, Santa Ana, and Seattle. Whether representing businesses in court, helping negotiate transactions, or handling matters in state, federal, or appellate courts, Klinedinst attorneys help get the job done.

Photo of Kevin Gramling
Kevin Gramling

SANTA ANA – Klinedinst shareholder Kevin J. Gramling recently prevailed on a motion for summary judgment in a case involving a woman who claimed she had suffered significant injuries after a trip and fall incident on an entry door floor mat at her local bank branch in Encino, CA.

The plaintiff filed a lawsuit for premises liability, alleging that she tripped on a corner of the floor mat that was allegedly folded over. She alleged that the floor mat was a trip hazard, and that the bank knew it was a trip hazard. According to the lawsuit, she alleged that she had tripped over the mat a few months before and told a bank employee that the mat was a trip hazard. The plaintiff injured her shoulder and claimed over $100,000 in damages due to a surgery and subsequent rehabilitation.

Through witness testimony, Mr. Gramling was able to prove that about one minute before plaintiff fell, the floor mat was not folded over. A bank customer who entered the bank shortly before plaintiff testified that the mat was flat when he entered the bank branch. Mr. Gramling used video surveillance to prove that the floor mat was not folded over within the minute before the plaintiff’s fall. The video also showed that a bank employee had inspected the area where the plaintiff fell approximately five minutes before she fell, and that the floor mat was not folded over. Based upon this uncontroverted evidence, the trial court granted summary judgment.

Klinedinst congratulates Kevin J. Gramling for his successful defense against this claim. To learn more about Mr. Gramling, click here.

About Klinedinst

Klinedinst has become the go-to firm for clients across California, across the West, and across the globe. Our litigators, trial attorneys, and transactional lawyers guide clients through every problem, finding solutions at every turn. The firm serves clients from offices in Los Angeles, Sacramento, San Diego, Santa Ana, and Seattle. Whether representing businesses in court, helping negotiate transactions, or handling matters in state, federal, or appellate courts, Klinedinst attorneys help get the job done.

Klinedinst joins the Navy for their 30th Annual Bay Bridge Run/Walk in support of their Morale Welfare and Recreation (MWR) programs.
Klinedinst joined the Navy for their 30th Annual Bay Bridge Run/Walk in support of their Morale Welfare and Recreation (MWR) programs.

 

SAN DIEGO – Klinedinst is proud to have sponsored and participated in the Navy’s 30th Annual Bay Bridge Run/Walk on Sunday, May 15, 2016. The annual event benefits the Navy’s Morale Welfare and Recreation (MWR) programs which provides assistance to over 500,000 active and retired military and their families.

Over 50 Klinedinst employees, friends, and family members participated in the sold out event. The course was a unique 4-mile run/walk, which began near the 10th Avenue Marine Terminal in downtown San Diego, continued over the  iconic Coronado Bay Bridge, and ended at Coronado’s Tidelands Park.

“North Island’s MWR always does an amazing job turning one of San Diego’s landmarks into an active pedestrian course,” said Arthur Moreau, Chief Operating Officer of Klinedinst and a former naval aviator. “Sponsoring this event, and having a large presence from our Klinedinst Corps, was a terrific way to enjoy San Diego’s outdoors, while giving back to our community. We’re honored to have been a part of the 30th annual race, and salute the service members that make it happen year after year.”

IMG_4340

About Klinedinst

Klinedinst has become the go-to firm for clients across California, across the West, and across the globe. Our litigators, trial attorneys, and transactional lawyers guide clients through every problem, finding solutions at every turn. The firm serves clients from offices in Los Angeles, Sacramento, San Diego, Santa Ana, and Seattle. Whether representing businesses in court, helping negotiate transactions, or handling matters in state, federal, or appellate courts, Klinedinst attorneys help get the job done.
 

Klinedinst attorney Lindsey N. Casillas was featured presenter at the California Association of REALTORS® (CAR) Legal Affairs Forum on April 29, 2016. Ms. Casillas offered “must-know” tips for real estate professionals dealing with conflicts and confidentiality.

SACRAMENTO – Klinedinst attorney Lindsey N. Casillas was featured presenters at the California Association of REALTORS® (CAR) Legal Affairs Spring Forum on April 29, 2016 in Sacramento, CA.

Photo of Lindsey N. Heaton
Lindsey N. Casillas, Esq.

Ms. Casillas discussed hot topics in legal malpractice, with a focus on internal law firm communications and conflict waivers. They examined California Rules of Professional Conduct and American Bar Association Model Rules of Professional Conduct, and provided practical guidance on protecting privilege of internal communications. The presentation also covered specific conflicts to consider when drafting conflict waivers.

CAR is a professional real estate organization dedicated to promoting the real estate profession, through programs and services that enhance integrity and competence. Attendees at the Legal Affairs Spring Forum include in-house counsel for large brokerage firms, defense counsel, litigators who handle real estate disputes, local counsel, mediators, and risk managers who advise real estate brokers and firms.

Klinedinst commends Ms. Casillas for her role in educating the real estate community.

To learn more about Ms. Casillas, please visit:

https://klinedinstlaw.com/profiles/attorney/lindsey-casillas

About Klinedinst

Klinedinst has become the go-to firm for clients across California, across the West, and across the globe. Our litigators, trial attorneys, and transactional lawyers guide clients through every problem, finding solutions at every turn. The firm serves clients from offices in Los Angeles, Sacramento, San Diego, Santa Ana, and Seattle. Whether representing businesses in court, helping negotiate transactions, or handling matters in state, federal, or appellate courts, Klinedinst attorneys help get the job done.

SAN DIEGO – Klinedinst PC is proud to support the Women of Wind Energy’s (WoWE) San Diego chapter. Klinedinst and WoWE partnered to host a networking event following the Next Generation 2016 Energy Storage Conference. The event took place at P.F. Chang’s in La Jolla, California on April 19, 2016.

WoWE promotes the education, professional development and advancement of women to achieve a strong, diversified work force and support a robust renewable energy economy. The San Diego Chapter of WoWE is a group committed to helping to further the professional development of women working in the wind energy field in Southern California.

Klinedinst’s Energy and Natural Resources Group (ENRG) provides a full range of services including high-stakes transactions and litigation, as well as day-to-day advice regarding regulatory compliance, government incentives, and environmental issues. With experience in traditional and renewable energy, Klinedinst’s ENRG attorneys provide services to public utilities, clean tech companies, and solar, wind, oil, and natural gas power producers.

Klinedinst was proud to sponsor this event and provide an opportunity for women in the industry to network and connect.

About Klinedinst

Klinedinst has become the go-to firm for clients across California, across the West, and across the globe. Our litigators, trial attorneys, and transactional lawyers guide clients through every problem, finding solutions at every turn. The firm serves clients from offices in Los Angeles, Sacramento, San Diego, Santa Ana, and Seattle. Whether representing businesses in court, helping negotiate transactions, or handling matters in state, federal, or appellate courts, Klinedinst attorneys help get the job done.

Human Resources
Klinedinst employment attorneys Nadia P. Bermudez and Thomas E. Daugherty hosted a special series of webinars to help employers navigate the complex currents of federal and California disability accommodation laws. Despite being the most common basis for discrimination claims, most employers fail to properly grasp disability accommodation, leaving them vulnerable to costly litigation.
Photo of Thomas E. Daugherty
Thomas E. Daugherty, Esq.
Nadia B. Bermudez, Esq.
Nadia B. Bermudez, Esq.

 

SAN DIEGO – Klinedinst Attorneys Nadia Bermudez and Thomas Daugherty hosted a webinar series discussing disability accommodation on April 19th and 21st. The webinars offered practical guidance to employers on how to prevent common mistakes regarding disability accommodation, and provided tips on taking preventative actions to avoid the potential of costly litigation.

The disability accommodation process continues to perplex many well-meaning California employers. Notably, disability is the most commonly claimed basis for discrimination complaints through the California Department of Fair Employment and Housing. The webinar is designed to demystify the disability accommodation process and untangle issues related to FMLA, Paid Sick Leave, ADA, FEHA, and worker’s compensation. The webinar also discussed how to exercise good judgment in evaluating accommodation requests.

Klinedinst’s employment law team will be announcing future webinars soon. To register for updates, please visit:

https://klinedinstlaw.com/news/employment-law/registration

 

About Klinedinst

Klinedinst has become the go-to firm for clients across California, across the West, and across the globe. Our litigators, trial attorneys, and transactional lawyers guide clients through every problem, finding solutions at every turn. The firm serves clients from offices in Los Angeles, Sacramento, San Diego, Santa Ana, and Seattle. Whether representing businesses in court, helping negotiate transactions, or handling matters in state, federal, or appellate courts, Klinedinst attorneys help get the job done.