Case Results

Caputo & Van Der Walde received a jury verdict in the amount of $7,411,492 for a surviving widow, who lost her husband when his pickup truck was involved in a collision with an on-track maintenance of way vehicle. The driver of the pickup truck was attempting to cross the train tracks on a green light when the on-track equipment approached, without triggering any warning lights, bells, or gates.

A carpenter/foreman slipped in a concrete slurry left behind by a subcontractor at a construction site. As a result, he suffered a massive full-thickness rotator cuff tear that has negatively impacted his day-to-day life and effectively ended his professional career.

Wrongful death of a pedestrian struck by an auto.

Paul Caputo received a $7,291,985.58 decision for Plaintiff in a case where a client received severe 3rd-degree burns during a pedicure, resulting in the need for numerous skin grafting procedures, and causing significant disability with the need for significant future medical bills.

Big rig vs. auto accident resulting in wrongful death.

$3.8M for an auto vs. elderly pedestrian resulting in traumatic brain injury.

Auto vs. pedestrian accident involving leg crush injury.

Single car rollover case where defective seatbelt caused head injury and loss of kidney.

Bicycle rider attempted to maneuver to his left, around a recessed manhole in the bike lane, and was struck by a vehicle that was driving too closely to the bike lane. Significant injuries included traumatic brain injury, skull fracture, and permanent brain damage.

Bike vs. auto accident resulting in cervical and shoulder surgeries.

Injury onboard a SCTVA bus resulting in Complex Regional Pain Syndrome (CRPS).

Bicycle vs. car accident resulting in wrongful death.

Single car rollover accident resulting in internal and orthopedic injuries to the passenger, including a 4 level spinal fusion requiring multiple surgeries and multiple colon surgeries. Client was initially told that there would be no insurance coverage available, but after hiring our firm, and litigating the matter, 2 million dollars in coverage was discovered.

Auto vs. pedestrian case resulting in permanent closed head injury.

Pedestrian crossing a four-lane street in the crosswalk, hit by a full-size pick-up truck. Injuries included a left knee dislocation with complete tears of all ligaments and requiring surgery, right scaphoid fracture requiring surgery, right shoulder AC joint separation with clavicle fracture and PTS.

Big rig vs. big rig collision resulting in severe laceration and nerve loss in hand.

Child protective services failed to adequately protect young child from physically abusive foster parents.

Product liability case involving a defective seat design that resulted in paraplegia.

Chemical burns resulting from hair salon’s negligence.

Slip-and-fall accident caused by the accumulation of printing ink on stairs resulting in multiple herniated disks.

Auto vs. Big Rig Accident. Crush injuries to the plaintiff’s leg occurred as a result of the accident.

Serious injuries resulted when our client slipped and fell on a wet floor in Fremont, California, as he was walking into work for the day. The floor had been recently mopped by a third-party cleaning company, and wet floor signs had not been properly displayed. Our client had to be taken by ambulance to receive medical attention for a displaced comminuted patellar fracture, a severe knee injury that required surgery to treat.

Auto vs. auto accident with severe orthopedic injuries.

Civil rights case involving excessive force by law enforcement.

Wrongful death due to excessive force.

A carpenter working in the basket of a telescoping boom lift extended 40 feet out and 20 feet above ground level suffered catastrophic injuries when the distracted driver of a Gradall forklift struck the base of the boom lift, causing the carpenter to fall to the ground.

Disputed liability bicycle vs. auto collision resulting in closed head injury.

Car vs. motorcycle accident with complex leg fracture.

Attorneys at Caputo & Van Der Walde – Injury and  Accident Attorneys recently secured a $2.375 million verdict in the Santa Clara Superior Court on behalf of a client who suffered serious injuries after being sexually assaulted by the owner and an employee of the Sushi Zen Restaurant. The case was based on a visit our client had made to the restaurant after hours. The client was intoxicated and sexually assaulted while at the restaurant, suffering severe post-traumatic stress disorder (PTSD) and other injuries as a result of the attack. The future medical bills alone for the trauma suffered were expected to total $25,000. Although the defendant argued that the sexual activity was consensual and that few or no injuries resulted, the jury, after a five-day trial and three hours of deliberation, did not agree. The jury awarded our injured client compensatory damages of $1.275 million, including the cost of future medical bills and amounts to compensate for other losses suffered as a result of the attack. The jury also awarded $1.1 million in punitive damages, based on the evidence heard at trial regarding exactly how the attack had taken place.

Transit rider in wheelchair that tipped over due to a failure to properly secure the wheelchair. Plaintiff was paraplegic and sustained a rotator cuff injury resulting in loss of ability to self ambulate. This verdict resulted in a Trial Lawyer of the Year Award.

School bus vs. pedestrian accident resulting in traumatic brain injury.

A case involving a big rig versus auto on highway 17 was resolved for approximately $2,500,000. Plaintiff had cervical and lumbar injuries with surgical recommendations, and severe Post Traumatic Stress Disorder.

Auto vs. Auto accident

Bicycle accident where bicyclist was rear-ended by an intoxicated driver and suffered a fractured vertebrae with nerve impingement.

Auto accident resulting in wrongful death.

Auto accident resulting in wrongful death due to defective highway design.

A temporary laborer suffered catastrophic injuries due to an encounter with a stump grinder that was negligently left running. Our qualified attorney team obtained a settlement worth over $1,125,000.00, a portion of which is confidential, in favor of this laborer.

Attorney Paul Van Der Walde recovered a total of $40,030,000 in compensation for a couple bereft of their 18-year-old son in a tandem skydiving accident. Sadly, their son was the 20th person to suffer a wrongful death at a skydiving company owned by Bill Dause, who has reopened his company under various names to avoid legal trouble. This time, Mr. Dause was unable to evade accountability—Attorney Van Der Walde made it a point to have Mr. Dause personally responsible for paying the full $40 million by piercing the corporate veil.

Motorcycle accident resulting in multi-level lumbar fusion.

Construction site accident involving spinal and shoulder injuries resulting in loss of ability to do job in a skilled trade.

Auto vs. bicycle accident. Plaintiff sustained injuries that resulted in paraplegia. The settlement was limited at $2 million due to insurance coverage.

Trash truck vs. auto rear-end collision resulting in spinal injuries.

Premises liability case involving a pallet falling onto Plaintiff’s foot causing Complex Regional Pain Syndrome (CRPS).

Bicycle accident where client was “doored” by a cab and suffered a neck laceration.