Deposition and Trial Testimony 2019 – 2024
Stanley P. Stephenson, Ph.D.

Chaim Mochin v. JEG & Sons, Inc. (Case No. 2020-005454-CA-01, Circuit Court of the 11 ^thJudicial Circuit in and for Miami-Dade County, Florida) Case involved consideration of two types of economic damages. On one hand, plaintiff claimed constructive discharge arising from a dispute with defendant regarding computation of a bonus payment promised plaintiff before his work began. Damages of this type were promised vs. actual bonus payments. The second type of damages was disgorgement of unjust enrichment in equity after defendant benefitted financially from the actions of the plaintiff during the time he was employed. These benefits to defendant were measured after plaintiff was no longer employed by JEG & Sons, Inc. Such actions included setting up export/import agreements with new manufacturing sources, streamlining handling of company operations, and opening new lines of business. Analysis done for plaintiff and deposition on April 19, 2024.

Ruth Colon v. RMK Investment Properties, LLC, Ireanna Isabel Peralta and The Standard Fire Insurance Company. (Case No. 2022 CA 001209 AN, Circuit Court for the Ninth Judicial Circuit, In and for Osceola County, Florida) Case involved a claimed personal injury due to an automobile accident. Plaintiff presented a life care plan, including costs for various treatments. I was asked to rebut this plan. I noted the absence of supporting information between life plan details and treating physician’s documentation. Lacking this information undermined my ability to rebut the planner’s analysis except to note his plan lacked foundation. Deposition held on October 11, 2023.

Blue Science Solutions, LLC v. Clarentis Holdings, Inc. (AAA Case No.01-21-0004-0663) Case involved economic damages to the plaintiff consisting of lost profits from delayed market entry and ‘design around’ costs which arose when an agreement between the parties to share rights to a patent held by defendant fell apart. Particularly problematic was products were non-toxic disinfectants and the delay by Blue Science Solutions from market entry delay was from mid-2018 to mid-2022, a time gap which included the onset of Covid-19 and a global search for surface disinfectants to fight Covid-19. The market for non-toxic disinfectants was exploding. I testified via zoom on January 25, 2023, before an arbitrator assigned by AAA to hear the case.

Master Marketing Group, LLC (f/k/a Direct List, LLC) v. Accudata Integrated Marketing, Inc. & Celeste Penacho (Case No. 21-CA-04242; Circuit Court of the 20^th Judicial Circuit for Lee County, Florida) I assessed lost profits to plaintiff firm which arose after defendants gained access to confidential information of plaintiff and used that information to set up another firm which drove plaintiff firm out of business. Lost profits damages estimated via sales projection method using average industry revenue growth (Direct Advertising Industry) from IBISWORLD report, combined with plaintiff’s pre-shut down gross profit margin average. I was deposed on March 9, 2023.

Verihull, LLC d/b/a Boat History Report v. Boats Group, LLC (Case No. 2019-006961-CA-01; Circuit Court of the 11^th Judicial Circuit for Miami-Dade County, Florida) I was retained to provide a rebuttal report to plaintiff’s damages expert who had, in my opinion, not followed standard forensic damages procedures and relied on hypothetical data. I provided deposition testimony on March 13, 2023.

Erroll Tyler v. Boston Police Commissioner, William Gross, Thomas Lema, Jr. (Case No. 1:18-cv-10677-IT; United States District Court for the Eastern District of Massachusetts) Case involved assessment of lost profits for a new business in Boston. The claim was that but-for the inactions of the Boston Police in not granting a permit to the new company, the plaintiff would have started a tour company with unique features. Given start up firm, special attention given to the distinction between fact of damages vs. amount of damages. Also, considered list of factors likely to be associated with the success or not of any new company. I was deposed on October 8, 2021.

Tralongo, LLC v. Dr. Mamta Patel, Yatin Patel, Stamford Dental Spa, P.C., Manchester Smiles Family and Implants Dentistry, LLC, CT Smiles Dentistry, P.C., CT Smiles Territory Developer, LLC, Parkway Dental Hamden, P.C.  (Case No. CACE 17-001178 (25); Circuit Court of the 17th Judicial Circuit for Broward County, Florida) Case involved claimed contract breach by members of dentistry network and organizer/manager of network after defendants left the network. Plaintiff expert opined as to two types of losses: that from missed opportunity for network to share in business values of sold individual practices, and loss of management fee net profits. I rebutted plaintiff’s expert’s report and provided deposition testimony February 5, 2020, in Tampa and trial testimony February 28, 2020, in Ft. Lauderdale.

Tralongo, LLC v. Dr. An Q Le, Dallas Dentistry Associates, P.C., North Dallas Dentistry Associates, P.C., North Richardson Dentistry Associates, P.C. and Plano Dentistry Associates, P.C. (Case No. CACE 16 020859 (21); Circuit Court of the 17^th Judicial Circuit for Broward County, Florida) Case involved claimed contract breach by some members of dentistry network and organizer/manager of network after several defendants left the network. Plaintiff expert opined as to three types of losses: that from missed opportunity for network to share in proceeds of sold individual practices; loss of management fees; and losses arising from tortious inference with contractual relationships. I rebutted the plaintiff’s expert’s report and provided deposition testimony December 6, 2019, in Tampa.

Citrus America, Inc. v. Berentzen-Gruppe Aktiengesellschaft (Case No. 6:19-CV-489-Orl-40GJK; United States District Court, Middle District of Florida, Orlando Division) Provided assessment lost profits damages in case involving tortious interference and Florida’s Deceptive and Unfair Trade Practices Act. Lost profits measured as gross revenue less discounts, commissions and cost of goods for various high-end commercial juicers made in Austria and sold in North America. Deposition October 28, 2019, in Tampa. The client was counsel for plaintiff.

Brian Bishop v. Lipman and Lipman, Inc., et al. (Case No. 11-2013-CA-02224-0001-XX; Circuit Court of the 20th Judicial Circuit, Collier County, Florida) Retained to assess economic damages in case alleging violation of Florida whistleblower statute. Complaint said Chief Information Officer at the largest tomato grower in North America was fired after noting many illegal immigrants worked their fields. Plaintiff changed geographic location, industry, and occupation to find work. Economic damages involved ‘but-for’ pay for 15-year work life expected, less mitigation pay, adjusted to discounted present value as of May 13, 2019, day of trial. Testified in deposition June 29, 2017 and jury trial May 21, 2019.

Darrick Washington v. Gregory L. Lattimer, Esquire, et al. (Case No. 2016-CA-001941; Circuit Court of the 19^th Judicial Circuit, St. Lucie County, Florida) Retained to provide rebuttal to plaintiff damages experts in case alleging legal malpractice. Claim was that if plaintiff’s original lawsuit had been filed in a timely manner, and if plaintiff (a minor) had won that lawsuit, then plaintiff would have received damages. However, legal malpractice cases only included prospective medical care as damages – not earnings loss claim. Provided deposition testimony October 11, 2018, in Tampa, Florida.

Jesus Arencibia v. Kelly Ann Perrino and Robert W. Thomas, Jr. and The Travelers Indemnity Company of America. (Case No. 2017-CA0000976, Division 3-D; Circuit Court of the Fifth Judicial Circuit, Hernando County, Florida) Provided preliminary assessment of lifetime earnings loss to plaintiff, a male truck driver, age 52, with 9^th grade education, who was involved in a vehicle accident in August 2016. Challenges included the fact that plaintiff’s earnings rose steadily and greatly after the accident but a surgery in April 2018, linked to the accident, led to cutting back on work in 2018. Provided deposition testimony on October 5, 2018. The client was defense counsel.

Josephine A. Vitale v. The Hanover Insurance Company. (Case No. 1585CV01575; Commonwealth of Massachusetts, Worchester Superior Court) Assessed economic damages to plaintiff from personal injuries sustained in vehicle accident. Also assessed cost of life care plan offered by life care planner. The law called for consideration of lost earnings capacity. Special challenges to assessing damages amount were due to age and education of plaintiff and her work status at time of the accident. Provided testimony July 9, 2018, in arbitration hearing in Boston, Massachusetts.

Deposition and Trial Testimony Prior to 2019

Amalia H. Morrissey and George E. Morrissey v. Subaru of America, Inc., and Fuji Heavy Industries, Ltd. (Case No. 8:16-cv-00048-JDW-AAS; United States District Court Middle District of Florida Tampa Division) Assessed economic damages to plaintiff because of traumatic injuries due to an alleged performance failure of an auto leading to an accident. Economic damages comprised of lost earnings, lost value of household production services, and value of medical care and related services as part of a life care plan (developed by a life care plan specialist). Provided January 2017 videotaped deposition duces tecum. Retained by plaintiff counsel.

Terry Haynie v. United Airlines, Inc. (Case No. 1:15-CV-00625-LMB-IDD; United States District Court for the Eastern District of Virginia, Alexandria Division) Provided deposition testimony in March 2016. Retained by plaintiff’s counsel. Complex case involving complaints of harassment, hostile work environment and constructive discharge brought against airline carrier. Duties involved assessment of net present value of past and future earnings with adjustments for mitigation, tax offset, pay growth and fringe benefits. Also provided a ‘rebuttal’ of defense expert’s rebuttal report.

Barn Light Electric Company, LLC v. Barnlight Originals, Inc., Hi-Lite Manufacturing Company, Inc., and Jeffrey L. Ohai. (Case No. 8:14-CV-01955-MSS-EAP; United States District Court for the Middle District of Florida, Tampa, Florida) Provided deposition testimony in October 2015 regarding economic damages, mainly lost profits, arising from infringement of intellectual property. Assessed economic damages due, claims of infringement of copyright, trademark, trade dress, unfair completion and false advertising, claims made by defendant acting as a plaintiff in counterclaim action. Also, provided rebuttal of opposing expert’s damages opinion.

Thomas J. McIntosh, v. City of Kissimmee. (Case No. 12-CA-5868 OC; Circuit Court of the Ninth Judicial Circuit in and for Osceola County, Florida) Provided testimony in this wrongful termination case in March 2015. Case involved an older worker who was terminated after filing a workers’ compensation claim. Damages were adjusted for mitigation and taxes. A challenging aspect is the lack of empirical studies showing how long displaced workers need to catch up to pre-layoff wage.

Lin Ouyand v. Achem Industry America. (Case No. BC468795; Superior Court of the State of California, County of Los Angeles) A dispute between an employee and her former employer with multiple causes of action. Provided trial testimony in October 2014 regarding two main issues in the case: how long it would take a typical Asian female to find a job and, once found, how that job would compare with her past job as per pay. These questions were addressed with pooled Displaced Worker Survey data from 2008, 2010, and 2012 and appropriate econometric methods in controls such as economic conditions, age, education, industry and occupation of plaintiff. Also considered extent of wage loss due skill erosion associated with plaintiff voluntarily being out of labor force for 2.3 years, an application of human capital model with CPS data. Because defendant kept open prior position at a wage 25% above that which plaintiff could find after 50 weeks of searching, opinion was no damages.

Estate of Charles Wilks Christian, et al. v. Charles Weiner, M.D., et al. (Case No. 24-C-12-008052; Circuit Court for Baltimore City, Maryland) Provided deposition testimony in this wrongful death case in September 2013, which was continued in February 2014. Also provided jury trial testimony in June 2014. Damages assessed included the present value of lost market and non-market work with adjustments for personal consumption, family income, and work life expected. Analysis followed opinions of medical doctor on plaintiff’s ability to do market work and a vocational rehabilitation specialist as to what type of work. Several assessments provided depending on prospective pay level and alternatively the present value of transfer payments if no work in market.

Soluciones Innovadoras de Planeación S.C., v. Column5 Consulting Group, LLC, et al. (Case No. CV-12-01832- PHX-ROS; United States District Court for the District of Arizona) A large and complex case involving two IT companies competing with related products and services in Mexico and the U.S. Services provided included a December 2013 deposition testimony and two primary but related reports: one, a rebuttal report or critique of plaintiff’s claim of lost profits and lost business value and second, a separate and independent analysis of possible business damages, including lost profits and lost business value. Assessments included future market developments, risk adjusted cost of capital, comparison of target company operations with others in a similar industry.

Angela Smith v. Allstate Insurance Company (Case No. 12-CA-00207; Circuit Court of the Twelfth Judicial Circuit, Manatee County, Florida, Civil Division) Assessed economic damages to plaintiff arising from two vehicle accidents in which she was injured, with career and earnings limits, according to a vocational rehabilitation expert. In November 2013 and December 2016 provided an opinion of economic damages in two deposition testimonies. Loss primarily future earnings loss and past medical costs, measured in present discounted value.

Marlin Gas Transport, Inc. and Neil Enerson v. LNG Energy Solutions, LLC (Civil Action No. 8:12-CV-02421-EAK-TGW; United States District Court Northern District of Florida Gainesville Division) Provided deposition testimony in October 2013 in this patent infringement case. Damages estimated included payment on hypothetical reasonable royalty rate, estimated by Georgia-Pacific factors, plus associated damages associated with interference by defendant with contractual relations between plaintiff and major client. Both parties were participants in delivery of natural gas industry.

Mercedes Walton v. Cyro-Cell International, Inc. (Case No. 33 166 000383-11 Arbitration) Provided deposition testimony January 2013. Provided an opinion of economic loss following separation of plaintiff from Cyro-Cell International, Inc., where she had been CEO. Damages included lost earnings, fringe benefits, stock options, and a decline in external board memberships following separation in late August 2011. Special challenges to measuring damages came from considering plaintiff’s age, gender, race, and occupation; challenges addressed by appropriate econometric procedures.

B-K Cypress Log Homes, Inc. a Florida Corporation v. Auto-Owners Insurance Company, a foreign corporation (Case No. 1:09-CV-00211-MP-AK; United States District Northern District of Florida Gainesville Division) Provided deposition testimony March 2012. A complex case in which an insured (plaintiff) sued insurance carrier for statutory bad faith and adverse general business practices under Florida Law. Damages were assessed using a business interruption model to capture three components of lost profits: namely, lost profits due sales decrease, lost profits due decline in incremental profit margin and lost profits due increase in extra-legal and travel costs.

Linda Caldwell, et al. v. Oliver Sevilla et al. (Case No. 2008-CA-1457; Fifth Judicial Circuit in and for Citrus County, Florida) Provided deposition testimony in February 2012. This wrongful death case involved claims of lost business value, lost support, accumulation loss and lost household production value. I provided rebuttal comments to plaintiff’s expert’s report and developed separate damages assessments. In particular I adjusted loss for income tax and life expectancy due to poor health of decedent, issues overlooked by plaintiff’s expert.

Linda Austin v. Michael C. Mangan and John J. Mangan (Case No. 09 L 006523; Circuit Court of Cook County, Illinois, County Department, Law Division) Provided deposition testimony in February 2012. Case involved personal injury to plaintiff as a result of an auto accident. At the time of the accident the plaintiff was working as a direct sales agent with a pre-existing medical condition, sometimes called TMJD or TMD. Damages assessed by comparing actual vs. but-for income. Lack of certainty regarding when pre-accident income would catch up with mitigation income was offset by offering three damages scenarios: 3-, 5-, and 7-years post-accident to catch up.

F. Alioto Company, Inc. v. City and County of San Francisco, a municipal corporation operating by and through its Port Commission; ExxonMobil Oil Corporation. (Case No. CGC-09-489792; Superior Court of California, County of San Francisco) Provided deposition testimony August 2011. Damages computed included lost past profits, measured as but-for revenue less avoided variable costs, plus the present value of future lost profits in three different scenarios.

Empire State Ethanol and Energy, LLC v. BBI International (“BBI”), Michael Bryan, Individually and as Chief Executive Officer of BBI International. Provided arbitration testimony, American Arbitration Association, New York, NY, June 2010. This was a complex commercial dispute involving an alleged breach of contract. Damages mainly involved an assessment of the business value of a dry-mill ethanol plant that would have been built in Albany, NY if not for the contract breach.

Jose Luis Moreno v. Matt Aanerud; City of Atascadero, et al. (Case No. CV 080295; Superior Court of California, County of San Luis Obispo) Suit against police officer who injured plaintiff during wrongful incarceration such that Mr. Moreno suffered permanent and work-limiting disability. Damages assessed as loss of past and future earnings. Provided deposition testimony in April 2010 and jury trial testimony in May 2010.

Nancy Callahan v. Rod Goya, et al. (Case No. M85690; Superior Court of California, County of Monterey) Case involves personal injury arising from history of water intrusion and toxic mold exposure to tenant of office in commercial property. Deposition in May 2009 dealt with my economic analysis of lost earnings, foregone household production value, costs of accommodations to plaintiff’s home suggested by MD, and present value of future medical costs. Jury trial testimony in May 2010.

Shellie Hernandez v. Walter S. Marks, et al. (Case No. A554535 Dept. No. XXIV. District Court Clark County, Nevada) Provided deposition testimony January 2010. This was a complex personal injury case in which plaintiff experts opined damages due to loss of earnings capacity, household production value, and loss of value in quality of life. Provided rebuttal testimony to each expert.

Gregg Norton, et al. v. Estate of Bertha E. Dunn, et al. (Case No. CV 070346; Superior Court of California, County of San Luis Obispo) Provided deposition testimony in October 2009. This was a personal injury case involving the owner operator of a swimming pool contractor business. Damages considered loss of but-for net income adjusted for revenue trend and seasonality and avoided variable expenses. Other damages included loss of household production services.

Marla J. Cramin, as Personal Representative of the Estate of Jeffrey D. Cramin v. Bahama Divers Company Limited, et al. (Case No 0407480; Seventeenth Judicial Circuit in and for Broward County, Florida) Provided trial testimony June 2009
in this wrongful death case. Economic damages included lost earnings and household production value, loss of care and helping to minor children, and associated damages involving earnings loss of surviving spouse. This was a jury trial involving only damages.

I-Flow Corporation v. Apex Medical Technologies, Inc., et al. (Case No. 07-CV-1200 DMS (NLS); United States District Court for the Southern District of California) This is a complex litigation involving intellectual property infringement in medical technology industry. Provided deposition testimony in April 2009 in which I offered opinions based on my analysis of economic damages arising from unfair competition under Lanham Act Section “false advertising” and rebutted claims of economic damages due patent infringement.

Williams, et al. v. Teris, et al. (Case No. 106CV-072071; Superior Court of California, County of Santa Clara) Provided deposition testimony in June 2008 in which I offered opinions related to the ability of the defendant to pay punitive damages if trial outcome included such damages. Testimony based on my analysis of the equity market value of the defendant.

Responsible Me, Inc., v. Evenflo Company, Inc., et al. (Case No. 06-61736-CIV-Hurley/Hopkins; United States District Court Southern District of Florida) Provided deposition testimony in May 2008. This is a patent infringement case and I assessed reasonable royalties due the plaintiff using quantitative and qualitative methods of analysis. In conducting my analysis, I considered factors and evaluation criteria set forth in Georgia-Pacific v. United States Plywood Corporation and othercase precedents.

Charles Chartier v. Thunderbird, The Garvin School of International Management (Case No. CV2006-010073; Superior Court of Arizona, County of Maricopa) Provided deposition testimony in March 2008. This is an employment dispute which focused on underlying questions regarding length of contract between parties. Damages considered included net loss of earnings and benefits associated with different assumptions about contract length and plaintiff duty to mitigate loss.

Cynthia Diane Smith v. Edward J. Conner, Amore Property Management, et al. (Case No. 411127; Superior Court of California, County of San Francisco) Provided deposition and trial testimony in this personal injury case in February 2008. Plaintiff claimed loss of earnings potential after alleged exposure to carbon monoxide in her apartment. Analysis consisted of computing various net earnings loss scenarios associated with claimed loss to Silicon Valley manager beginning in
November 1999.

Margaret Petersen v. Norman P. Moscow, M.D. et al. (Case No. RG05 195249; Superior Court of California, County of Alameda) Provided deposition testimony in March 2007. Case involved a medical malpractice claim after the plaintiff, who was already disabled with quadriplegia, was further disabled by barium extravasations during a barium enema. Damages analysis consisted of projecting future costs of care, including hospitalization, physical and psychological therapy, medicines, physician care, and skilled nursing home care and computing the present value of these future costs as of trial date.

Rosemary Valladares, Ramon Delgadillo, Hugo Perez v. Madera Quality Nut, Inc. et al. (Case No. 024133; Superior Court of California County of Madera Unlimited Jurisdiction) Provided deposition testimony in July and August 2006 and jury trial testimony in September 2006. Three employment dispute cases involved retaliation by employer/defendant, including demotion, wrongful discharge and related claims. When a fire destroyed nut products stored in warehouse, plaintiffs refused to go along with actions by management to inflate fire damage loss claim. Analysis involved assessment of lost past and future earnings and benefits adjusted for varying mitigation assumptions about time to find a job paying at least as much as before fire.

Provence v. City of San Jose (Case No. J04CV.816058; Superior Court of California, Santa Clara County) Case involved a personal injury to plaintiff. Provided deposition testimony in June 2006 regarding loss of earnings and fringe benefits from date of accident to expected retirement, adjusted for mitigation pay.

ICICI InfoTech, Inc.  v. Four Seasons Software, LLC (Case No. 12 117 00039 05; American Arbitration Association) Provided testimony at arbitration hearing in Hartford, CT in February 2006. The case involved a dispute between a new business, Four Seasons Software, and ICICI InfoTech, a firm contracted to provide an enterprise software package to be sold to small retailers by Four Seasons. Four Seasons claimed it was forced to cease operations when the software was not delivered. Litigation Economics testimony concerned loss of business value and key issues associated with that assessment, including risk-adjusted cost of capital, projected free cash flow, competitor and industry review, and assessment of financial reports of Four Seasons.

Edward Alvarado, et al. v. FedEx Corporation, a Delaware corporation dba FEDERAL EXPRESS (Civil Action No. C04-0098 SI; United States District Court Division of Northern California) Provided deposition testimony in December 2005 and jury trial testimony in April 2007. This action was the consolidation of 13 individual complaints against the defendant for claimed differences between plaintiffs (minority members) and other employees in rates of promotion, discipline, performance and terminations. The testimony, which dealt with earnings loss analysis for each individual plaintiff, stopped after 7 hours and to date has not been rescheduled.

Michael Nadelman and Aminta Nadelman v. Hi Tech Designs, Inc. a corporation; Quickdraw Permit Consulting, et al. (Unlimited Civil Jurisdiction No. 402263; Superior Court of California, County of San Francisco) Provided deposition testimony in September 2005. This phase of the case involved the ability of the defendant to pay damages, especially punitive damages, after liability had been decided. The testimony dealt primarily with computation of net worth based on financial records of defendant’s company; valuations of defendant’s cars, boat, house and other assets; and measurement of defendant’s discretionary household income.

John Doe and Jane Doe v. Steven Lawrence Katz, M.D.; Imam El Danasouri, Ph.D.; Fertility Medical Associates of Bay Area, A Medical Corp. (Civil Action No. CGC02414145; Superior Court of California, County of San Francisco) Provided deposition testimony in July 2005. This complex case involved mishandling of an embryo belonging to Doe family. Subsequent events, including birth of child in San Jose, required Mr. Doe to relocate commercial fishing operations from Crescent City, CA to San Francisco. Lost profits damages, lost household production, and related expenses comprised
opinion rendered.

Debra Duncan v. Sacramento Ear, Nose & Throat, Surgical & Medical Group, Inc. (Civil Action No. 03AS06359; Superior Court of California, County of Sacramento) Provided deposition testimony in June 2005. The case involved damages arising from claimed wrongful dismissal from defendant firm.

Gill v. Burlington Northern Santa Fe, et al. (Civil Action No. C03-01779; Superior Court of California, County of Santa Clara) Provided deposition testimony in March 2005. The case involved damages arising from a 2002 accident in which a train hit a truck at a railroad crossing. The truck driver was killed, and two railroad employees injured. Analysis involved assessing loss to Gill family due to death of Mr. Gill and lost wages and future pension benefits of the railroad workers.

Fredrick Benson v. Rhino Industries, et al. (Civil Action No. 26-15425; Superior Court of California, County of Napa) Provided deposition testimony in March 2005 and court testimony in March 2006. The case involved contract dispute between developer/inventor and manufacturer/distributor of aftermarket accessory for pickup trucks. Testimony involved two issues:
(1) economic damages measured as the difference in royalty payments between projected vs. actual accessory sales and
(2) whether or not the defendant used “best efforts” to market and sell the accessory as stipulated in the royalty agreement.

Hailey Lovejoy v. Fresno Community Hospital and Medical Center, et al. (Civil Action No. 01-CE-C6-02221; Superior Court of California, County of Fresno, Central Division) Provided deposition testimony in March 2005. Case involved economic damages arising from lost earnings capacity and costs of raising minor child in wrongful death of the child’s mother.

James Miller, Jr., et al. v. SBC Communications, Inc. (Civil Action No. CGC- 04-428726; Superior Court of California, County of San Francisco) Provided deposition testimony in February 2005. This was a wrongful death case in which lost past and future pay were assessed with adjustments for household production and self-consumption of decedent.

Arthur Vences v. City of Sunnyvale, Larry Iaquuinto, Robert Walker, Tony Perez (Civil Action No. 1-03-CV-006295; Superior Court of California, County of San Francisco) Provided deposition testimony in February 2005 and trial testimony in San Jose Superior Court in June 2005. Case involved an employment dispute and lost pay and reduced pension damages due to failure to promote plaintiff and subsequent demotion to lower pay grade.

Kathy Hoskins v. United Parcel Service, Inc. and Ken Jauregui (Civil Action No. CGC-03-421918; Superior Court of California, County of San Francisco) Provided deposition testimony in January 2005 and trial testimony in February 2005. Case involved hostile work environment and associated earnings loss.

Patrick Petit v. Diamond Cab Co. (Civil Action No. 414770; Superior Court of California, County of San Francisco) Provided deposition testimony in January 2005 and arbitration testimony in May 2005. A complex case that involved personal injury and lost earnings by plaintiff as an employee and reduced business value of a corporation owned by plaintiff.

Jose Servin v. United Parcel Service (Civil Action No. 02AS03003; Superior Court of California, County of Sacramento) Provided deposition testimony in December 2004 and trial testimony in February 2005. The case involved economic damages arising from lost earnings capacity due to personal injury.

Denise F. Fitzgerald v. Bill Graham Presents, Inc., et al. (Civil Action No. CV 784560; Superior Court of California, County of Santa Clara) Provided deposition testimony in October 2004. The case involved economic damages arising from lost earnings and medical care due to a personal injury.

Harvey Grodensky, et al. v. Artichoke Joe’s Casino, Inc. (Civil Action No. 424170; Superior Court of California, County of San Mateo, Class Action) Provided deposition testimony in September 2004. The case involved economic and business effects of defendant taking tips from card dealers on a daily basis and paying out money to other employees from those tips.

Richard Farias, et al., v. Noble Tractor, Inc. (Civil Action No. FCS 18596; Superior Court of California, County of Solano) Provided deposition and trial testimony in August 2004. The case involved personal injury and assessment of economic damages consisting of past and future earnings and lost profits from self-employed business.

Richard Bresee and Marla Bresee v. Midwestern Pipeline Services (Civil Action No. 26-20698; Superior Court of California, County of Napa) Provided deposition testimony in June 2004. The case involved past and future lost earnings and fringe benefits and present value of costs of medical care in personal injury case.

Beckman v. United Parcel Service, Inc., Shorenstein Realty Services, et al. (Civil Action No. 324017; Superior Court
of California, County of San Francisco) Provided deposition testimony and jury trial testimony. The case involved lost lifetime earnings and future costs of medical care. Damages claimed due to injury to plaintiff that took place in an office
building lobby.

Giannobile v. MJM Land Development Company (Civil Action No. 1-02-CV809300; Superior Court of California, County of Santa Clara) Provided deposition testimony in a case regarding earnings and unemployment insurance benefits which would have been due plaintiff if he was considered “employed” by defendant, for whom he worked for four years.

Wickstrom v. Best Western Tree House (Civil Action No. 411967; Superior Court of California, County of San Mateo) Provided deposition testimony and jury trial testimony in same matter, Siskiyou County Superior Court, No: SCCVPO 01-1078 in Yreka, CA. Analysis included critique of plaintiff’s expert analysis of lost earnings capacity of man who fell on
ice near a hotel.

Milagros Marquez v. Hilton Hotels Corp, et al. (Civil Action No. 401804; Superior Court of California, City and County of San Francisco) Provided deposition and critique of plaintiff expert’s analysis of loss based on past and future medical and personal care of elderly woman who fell in a hotel lobby.

Claudine Woolf v. Mary Kay, Inc., et al. (Civil Action No. 00-05612-J; District Court of Dallas County, Texas 191st Judicial District) Provided deposition testimony and jury trial testimony. Case involved economic damages that arose from constructive discharge based on medical condition of plaintiff.

Joseph R. Segura v. KPMG, LLP, et al. (Civil Action No. 318-181; Superior Court of California, City and County of San Francisco) Provided deposition testimony and trial testimony. Case involved lost earnings arising from wrongful discharge and discrimination due to “whistle blowing.”

Araceli Martinez v. UNIVISION TELEVISON GROUP, et al. (Civil Action No. 314204; Superior Court of California, City and County of San Francisco) Provided deposition testimony in a case involving lost earnings due to claim of employment discrimination and wrongful termination.

F. Alioto Company, Inc., et al. v. City and County of San Francisco, et al. (Civil Action No. 318-360; Superior Court of California, City and County of San Francisco) Provided deposition testimony and jury trial testimony. Case involved lost profits and restoration costs arising from contract dispute and business disruption to a Fisherman’s Wharf wholesale/retail fish market.

Todd Lee and Bessie Lee v. U-Haul International, Inc. et al. (Civil Action No. V017137-7; Superior Court of California, County of Alameda) Provided trial testimony on economic damages. Analysis of lost earnings capacity due products liability involving carbon monoxide poisoning of dentist and his wife while driving a U-Haul truck from San Francisco to Los Angeles.

New Education Development Systems et al. v. Last Resorts, Inc. AKA Aetna Springs Resort, Inc. (JAMS Arbitration #1110005313; State of California) Provided testimony at arbitration hearings. Analysis compared business valuation alternatives to use of a large land parcel: primarily as a vineyard with 9-hole golf course or 18-hole golf course/resort/spa/hotel. Key issue was estimating economic value of each land use alternative and estimating present value of damages via weighted cost of capital for option.

Wireless Access, Inc. v. Research in Motion Limited (Civil Action No. C99-03442; United States District Court, Northern District of California) Provided deposition testimony in a case involving patent infringement involving ‘Blackberry’ pagers. Estimated economic damages as lost royalty revenue using Georgia-Pacific factors to assess reasonable royalty rate.

Daniel Dean v. Oppenheim Davidson Enterprises, Inc. (Civil Action No. 809231-1; Superior Court of California, Judicial District, County of Alameda) Provided deposition and trial testimony in a case involving lost earnings arising from wrongful death of Oakland physician.

Alfred Burkhardt  v. City of Berkeley, et al. (Civil Action, No. 799248-1; Superior Court of California, Judicial District, County of Alameda) Provided deposition testimony and trial testimony. The case involved lost wages arising from lost overtime and being paid out of grade for work performed by Berkeley, CA sanitation worker.

Harry J. Graffam  v. Doris Bettencourt (Civil Action No. M 43070; Superior Court of California, Judicial District, County of Monterey) Provided deposition testimony in a case involving earnings loss due to personal injury.

K.L. Paterson & Associates, Inc. v. Cathy Kingery and Kingery Communications, Inc. (Civil Action No. 40839; Superior Court of California, Judicial District, County of San Mateo) Provided deposition testimony in a case involving lost income damages arising from breach of contract between placement firm and marketing firm.

Golden Apple Corporation v. Ultimate Products Corp., et al. (Civil Action No. 407399; Superior Court of California, Judicial District, County of San Mateo) Provided deposition testimony in a case involving damages due to trademark infringement arising from use of lists of customers and suppliers by former employees of mail order auto parts firm.

James Kinnicutt, et al. v. Bikers Dream, Inc. (Civil Action No. 98AS04185; Superior Court of California, Judicial District, County of Sacramento) Provided deposition and trial testimony. The case involved damages arising from franchise and contract dispute involving motorcycle “after-market” retail chain and one store.

Hileman v. Kaiser, et al. (Superior Court of California, County of Santa Clara) Provided deposition testimony in medical malpractice. The case involved failure to diagnose a patient’s malignant melanoma on timely basis. Damages included lost stock options, future wages, fringe benefits, and medical costs.

John Collins v. Genevieve G. Maksim (Civil Action No. CV-92-0513667 S; Superior Court for Connecticut, Judicial District of Hartford/New Britain at Hartford) Provided deposition testimony. Estimated lost profits due to business disruption following personal injury.

Joan Hitchcock, et al. v. O & G Industries, Inc. (Civil Action No. CV 93 0114878 S; Superior Court for Connecticut, Judicial District of Waterbury) Provided deposition and trial testimony. Estimated lost lifetime earnings and home production in this wrongful death case involving a construction site accident.

Arnold J. Cogan v. Alex Brown & Sons Incorporated, Richard D. Billera and Robert Oram (N.A.S.D. Arbitration No. 94-00600) Provided testimony before Arbitration Panel in New York. Estimated damages resulting from churning, excess commissions and unsuitable portfolio in this security fraud case.

Craig Winter v. Chrysler Motors Corporation (Civil Action No. 292-CV-000777 (AVC); United States District Court, District of Connecticut) Provided deposition testimony. Estimated lost lifetime income and projected future medical costs for individual in a products liability case involving a severe spinal cord injury.

Donna M. Gregor v. Edward W. King (Civil Action No. 91-03991495; Superior Court for Connecticut, Judicial District of Hartford) Provided deposition testimony. Estimated lost earnings capacity in products liability case involving traumatic brain injury to senior accountant.

Pacheco, Administrator, Estate of Cruz v. City of Hartford, et al. (Civil Action No. CV-89036815 S; Superior Court for Connecticut, Judicial District of Hartford) Provided deposition testimony. Estimated lost lifetime income in this case of wrongful death of a 14-year-old girl.

Updated 5/24/2024