Tag Archive for: richard-moreno

Murchison & Cumming’s Richard Moreno Named to USLAW NETWORK Board of Directors

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Murchison & Cumming is pleased to announce that Richard C. Moreno has been selected to sit on USLAW NETWORK’s Board of Directors. “As chair emeritus of USLAW, I am very excited to welcome Richard to the USLAW Board of Directors,” said Managing Partner Dan L. Longo. “His leadership, business development and mentoring skills will serve the Board well.”

Richard Moreno is a Senior Partner and the Partner-in-Charge of the Los Angeles office. He serves as Chair of the Transportation practice group, Co-Chair of the Product Liability practice group, and is a member of the Wildland Fire Litigation practice group. He specializes in the handling of catastrophic injury cases, including matters involving multiple wrongful deaths. Mr. Moreno is AV-rated by Martindale-Hubbell.

USLAW NETWORK is an association of experienced law firms and lawyers from approximately 100 independent, full-service firms, including more than 6,000 attorneys across the U.S., Canada, Latin America, and Asia, with affiliations in Europe through TELFA. Launched in 2001, USLAW includes highly rated law firms that are part of the NETWORK by invitation only. USLAW member firms provide legal representation to major corporations, insurance companies, and large and small businesses alike and specialize in commercial and business law, employment and labor law, litigation, and other business-related areas of law.

About Murchison & Cumming, LLP
With a firm history dating to 1930, Murchison & Cumming, LLP is a premier, AV-rated civil litigation firm with six offices in California and Las Vegas. The firm represents domestic and international businesses, insurers, professionals and individuals in litigated, non-litigated and transactional matters. The firm is a member of the USLAW NETWORK. For more information, visit murchisonlaw.com

Wildland Fire Litigation Team Gets Summary Judgment Affirmed by Court of Appeal in Favor of Hotel and Golf Course in Poinsettia Fire Case

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Richard C. Moreno and Gina E. Och, members of the Wildland Fire Litigation practice group, secured a victory for their client, a hotel with a golf course on its property, who was sued by adjacent property owners and insurers affected by the Poinsettia Fire.

In 2014, a fire originated on a hotel’s golf course and spread to properties beyond the hotel and golf course. Plaintiffs sued the hotel for negligence, trespass, and nuisance. The hotel moved for summary judgment on the elements of duty and causation. The hotel argued that the it owed no duty to the other property owners to minimize fire hazards by restricting smoking and maintaining the native vegetation on the golf course, and the hotel’s conduct was not the cause of their damages. The trial court granted the summary judgment motion. A subrogation plaintiff appealed.

Recently, the California Court of Appeals affirmed the trial court’s decision to grant summary judgment in favor of the hotel. Without deciding the issue of duty, the appellate court concluded that the hotel met its burden on summary judgment of showing plaintiff could not establish the causation element of its claims of negligence, trespass, and nuisance, and plaintiff failed to meet its corresponding burden of establishing there was a triable issue of material fact as to causation.

Plaintiff offered several theories on the element of causation. Initially, plaintiff argued the hotel caused its damages by permitting smoking on its golf course or by using combustion-engine maintenance and beverage carts not equipped with spark arrestors. However, all fire cause and origin investigators, including the Fire Department’s fire investigator and plaintiff’s own experts, agreed the cause of the fire was undetermined. Moreover, plaintiff’s causation expert’s testimony characterized the embers and exhaust particles from either alleged instrumentality as only possible causes, not probable causes, meaning neither was more likely than not the cause of the fire.

Alternatively, plaintiff argued the hotel caused its damages by failing to adequately irrigate and maintain the native areas at or surrounding the golf course to reduce the likelihood of the fire spreading from the golf course to the adjacent properties. However, plaintiff’s fire fuels management expert conceded that, had the hotel done everything the expert recommended to maintain the native areas, there was a high likelihood a lit cigarette dropped in the same area under the same conditions would have still caused a fire to start and spread. In other words, if the same result would have occurred regardless of the hotel’s conduct, then its conduct was not a substantial factor in causing plaintiff’s damages.

For these reasons, the Court of Appeal affirmed summary judgment in favor of the hotel.

Murchison & Cumming Senior Partner Richard C. Moreno Appointed to USLAW Transportation Practice Group

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Murchison & Cumming is pleased to announce that Senior Partner Richard C. Moreno has been named as the Educational Coordinator for the USLAW Transportation Practice Group. He will be responsible for overseeing the development of the educational content for the group, serve as the direct liaison with the Educational Advisory Committee, and serve as the formal leadership of the practice group.

Mr. Moreno is the Chair of the Transportation Practice Group of Murchison & Cumming, LLP. He focuses his practice in the areas of transportation, product liability, general liability, warranty liability, and the defense of utility companies in wildland fire litigation. He specializes in the handling of catastrophic injury cases, including matters involving multiple wrongful deaths. Mr. Moreno is AV-rated by Martindale-Hubbell.

USLAW NETWORK is an international organization composed of more than 100 independent defense-based firms with over 7,000 attorneys. The NETWORK is comprised of highly rated law firms who are part of the NETWORK by invitation only. USLAW member firms provide legal representation to major corporations, insurance companies, and large and small businesses alike.

About Murchison & Cumming, LLP
With a firm history dating to 1930, Murchison & Cumming, LLP is a premier, AV-rated civil litigation firm with five offices in California and Las Vegas, whose attorneys specialize in the defense of domestic and international businesses, insurers and individuals, at trial and on appeal. The firm’s attorneys also handle employment matters and business transactions. The firm is a member of the USLAW and Insuralex Network.

Defense Verdict in Premises Liability Case

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A jury recently returned a verdict in favor of defendant El Proyecto Del Barrio Foundation, Inc. represented by Murchison & Cumming Senior Partner Richard C. Moreno and Partner Lisa D. Angelo, in a personal injury matter where a senior citizen sought millions of dollars in damages. Robert Finnerty and Christopher Aumais of Girardi Keese tried the case on behalf of both plaintiffs.

In the case, the plaintiff, a 77-year-old woman, allegedly tripped and fell over a concrete wheel stop located in the disabled parking stall section of a parking lot owned by a not-for-profit medical clinic (“Clinic”) in Winnetka, CA. As a result of the fall, the plaintiff sustained a left arm fracture and two years after her fall, underwent a total shoulder replacement surgery. Notably, there were no witnesses to the fall other than the plaintiff’s son and her 94 year old husband who only saw her as she was falling to the ground, but did not actually see her trip over the wheel stop. The plaintiff filed an original complaint for negligence and premises liability against the clinic and her husband filed a claim for loss of consortium.

At trial, the plaintiff testified that after she got out of her son’s SUV, she intended to walk up the designated walk way toward the entrance of the Clinic but a family was walking down the walkway. As such, she walked across two empty parking stalls and toward a second designated pathway when she tripped over the wheel-stop. The plaintiff’s liability expert testified that all concrete wheel stops are “tripping hazards” and should not be used any time there is a possibility a pedestrian can come into contact with the wheel stop and that the wheel stops were “dangerous” because they were not painted blue or another contrasting color. According to the defense expert, both the wheel stops and disabled parking stalls complied with the California Building Code; and, according to the Code, the clinic had no choice but to have concrete wheel stops based upon the design of the parking lot. He also testified that the California Building Code does not require the wheel stops be painted blue. The clinic’s architect further testified about the parking lot’s design, which he drafted, based upon the California Building Code and permits obtained from both the County and City of Los Angeles.

After an eight day jury trial which included testimony from two liability experts, two shoulder surgeons, an upper extremity expert, two life care planners, an economist, an architect, and six percipient witnesses, the jury took less than 45 minutes to render a defense verdict in favor of the defendant.

In this trip and fall case, Sedigheh Ansari and Abbas Taheri appealed from a judgment in favor of El Proyecto Del Barrio, Inc. and El Proyecto Del Barrio Foundation. The appellants contended the trial court erred when it failed to instruct the jury that it could consider the failure of respondents to follow their own alleged policies and procedures as evidence of negligence. During trial the defendant contended that the policies and procedures plaintiffs were relying on were not, in fact , the policies and procedures of the defendant. The Court of Appeal found no error in refusing the proffered jury instruction and affirmed the judgment in favor of El Proyecto.

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Murchison & Cumming Forms Wildland Fire Litigation and White Collar Crime Practice Groups

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LOS ANGELES – Murchison & Cumming, LLP is pleased to announce the formation of its Wildland Fire Litigation and White Collar Crime practice groups.

In response to the growing demand for the specialized representation needed by utilities and others to defend against lawsuits arising out of the ever-increasing number of wildfires in the United States, Murchison & Cumming has formed a dedicated Wildland Fire Litigation practice group. The attorneys in this group bring a depth of experience to the defense of these matters, the firm having a long history of defending utilities against such lawsuits arising out of fires in Southern California and elsewhere. Practice Group Chair Friedrich W. Seitz, who together with Partners Richard C. Moreno and Gina E. Och has handled innumerable suits arising out of Southern California wildfires, was recently appointed lead counsel in the Bastrop County Complex Fire litigation in Texas.

“Catastrophes caused by nature or man seem to have increased over the last few years,” Mr. Seitz said of the increased litigation in this area, noting that “With extreme winds, it is not uncommon for wind-felled trees to down electric power lines initiating fires that cause damage to the environment and structures with ensuing litigation by home owners for damage to homes and personal property, suits by insurance carriers to recoup payments made to their insureds and claims and suits by government agencies to recover fire suppression costs and resource damages to the environment. This type of litigation not only raises unique legal issues but requires background and knowledge of electric power distribution, fire science relating to cause and origin, meteorology, metallurgy and damage evaluation and appraisal.”

The White Collar Crime team, Co-chaired by Michael B. Lawler and Lisa D. Angelo, represents corporations and individuals in white collar criminal investigations and proceedings from pre-indictment investigations to trial, including matters involving allegations of mail and wire fraud, money laundering, asset forfeiture (civil and criminal), extortion, embezzlement and bribery. The attorneys are available for consultation at each stage of the criminal process and are experienced at negotiating a lesser charge or sentence, investigating government witnesses and preparing clients for interviews with the FBI, the Department of Justice or grand jury proceedings.

“An indictment does not mean one has been fairly charged. Until twelve people state otherwise, no one should be prematurely convicted either in the public eye or otherwise,” said Ms. Angelo, who recently successfully prevailed in having a twenty-count criminal indictment dismissed.

About Murchison & Cumming, LLP
With a firm history dating to 1930, Murchison & Cumming, LLP is a premier, AV-rated civil litigation firm with five offices in California and Las Vegas, whose attorneys specialize in the defense of domestic and international businesses, insurers and individuals, at trial and on appeal. The firm’s attorneys also handle employment matters and business transactions. The firm is a member of the USLAW Network. For additional information, please visit our website at www.murchisonlaw.com.

Unanimous Verdict Reached in Favor of M&C Golf Course Client and Homeowners

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After a 45-minute deliberation, a jury returned a unanimous verdict in favor of Sterling Hills Golf Club, represented by Edmund G. Farrell, III in a case alleging nuisance, slander and civil rights violations. Plaintiff, Kagy, brought this action on his own behalf, and on behalf of his family.

Tom Kagy, an attorney, and his family resided at a residential development adjoining the golf club. He alleged that the club, along with some neighbors, harassed his family because they were of Asian descent. The harassment allegations consisted of continuous noise from golfers, balls being hit purposely at his home, night time harassment with noise and lights, and attacks on the family by the use of microwave radiation.

Following the first week and a half of trial, the Court granted the individual homeowners non-suits. Richard C. Moreno represented one of the homeowners. The trial continued for another week against the Golf Club before the jury ruled in favor of the Sterling Hills Golf Club.

Murchison & Cumming Elevates Two Attorneys In the Partnership Ranks: Product Liability Trial Attorneys Richard Moreno and Paul Flaherty

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LOS ANGELES -January 4, 2010 – Murchison & Cumming, LLP is pleased to announce that, effective January 1, 2010, Richard C. Moreno, Chair of the Transportation Liability Practice Group, will become a Senior Partner of the firm and Paul R. Flaherty will become an Associate Partner.

“These attorneys embody the core values of our firm,” said Jean M. Lawler, Managing Partner. ” Each is committed to his clients and each is an excellent trial attorney.”

Mr. Moreno focuses his practice in the areas of transportation, product liability, general liability, warranty liability, and the defense of utility companies, in wildland fire litigation. An experienced trial attorney respected for his in-depth case preparation, Mr. Moreno serves as lead counsel, along with firm Senior Partner Friedrich W. Seitz, in defending wildland fire lawsuits. These discovery-intensive, complex cases benefit greatly from Mr. Moreno’s acumen in liability and damage evaluation and efficient case management.

The defense of automotive, chassis, and truck manufacturers and dealerships in “lemon law” and other warranty claims is also a significant aspect of Mr. Moreno’s practice. He has obtained several defense verdicts for Freightliner Custom Chassis Corporation, including one received in the company’s first case to go to verdict. Mr. Moreno specializes in the handling of catastrophic injury cases and has extensive trial experience in matters involving multiple wrongful deaths and quadriplegics.

A career-long attorney of Murchison & Cumming, Mr. Moreno earned his J.D. from Whittier College School of Law, where he was the recipient of the American Jurisprudence Award in Immigration Law and Criminal Law. Mr. Moreno was awarded his undergraduate degree from the University of Southern California.

Paul Flaherty has spent the past decade as an attorney with the firm. His practice emphasis is on defense of product liability, aviation and general tort lawsuits. Mr. Flaherty excels in cases involving complex mechanical and technical issues. The benefit of these skills was recently highlighted in a wrongful death trial involving a private plane crash which resulted in a defense verdict after a six-week trial. Mr. Flaherty is a graduate of Loyola Law School of Los Angeles and of California State University, Northridge.

 

About Murchison & Cumming, LLP

With a firm history dating to 1930, Murchison & Cumming, LLP is a premier civil litigation firm with five offices in California and Las Vegas, whose attorneys specialize in the defense of domestic and international businesses, insurers and individuals, at trial and on appeal. The Firm’s attorneys also handle employment matters and business transactions. For additional information, please visit our website at www.murchisonlaw.com.

Richard C. Moreno and William J. Snyder Named Partners of Murchison & Cumming, LLP

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Murchison & Cumming, LLP is pleased to announce that Richard C. Moreno and William J. Snyder have been named Partners of the firm.

Richard Moreno is a member of the firm’s Product Liability and Transportation Practice Groups in the Los Angeles office. Mr. Moreno joined the firm as an associate in 1997 after graduating from Whittier Law School and the University of Southern California. Throughout his career at Murchison & Cumming, he has successfully defended several cases that have gone to trial. Mr. Moreno is a member of the State Bar of California, the American Bar Association, the American Board of Trial Advocates Inns of Court, the Hispanic American Bar Association, and the Association of Southern California Defense Counsel.

William Snyder has been with the firm’s San Diego office for over 7 years. He has been an attorney for over 12 years during which time his practice has focused on the areas of employment law, environmental law/toxic torts, catastrophic injury and general liability. He has earned several defense verdicts at trial and arbitration. Prior to joining Murchison & Cumming, Mr. Snyder defended and worked extensively with governmental agencies throughout Southern California. He is a member of the Association of Southern California Defense Counsel and the California State Bar. Mr. Snyder is a graduate of the San Diego School of Law (J.D.) and the University of Washington (B.A.)

 

About Murchison & Cumming, LLP

With a firm history dating to 1930, Murchison & Cumming, LLP is a premier civil litigation firm with five offices in California and Las Vegas, whose attorneys specialize in the defense of domestic and international businesses, insurers and individuals, at trial and on appeal. The Firm’s attorneys also handle employment matters and business transactions. For additional information, please visit our website at www.murchisonlaw.com.

Another Defense Verdict for Freightliner

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Richard C. Moreno recently obtained a defense verdict on behalf of Freightliner Custom Chassis Corporation in a Lemon Law action. Plaintiffs alleged that Freightliner had breached the terms of its express warranty by failing to repair numerous alleged defects and non-conformities relating to the chassis of a motor home. The plaintiffs testified that the motor home continually pulled to the left since the day of purchase. The plaintiffs also alleged that defects to the box or bottom side of the coach had not been properly secured to the chassis, which also caused pulling to the left and other problems associated with the motor home.

Freightliner contended that the motor home had been repaired and that it had not breached the terms of its warranty. Freightliner also claimed that the plaintiffs were overly sensitive in regard to the manner in which a motor home is designed to track the roadway and that the plaintiffs were unfamiliar with the manner in which an air ride suspension chassis operates.

The plaintiffs requested that the jury reimburse them for the purchase price, down payment, incidental and consequential damages totaling $198,000. The plaintiffs also requested treble damages in the amount of $396,000. It is believed that the plaintiffs attorneys in this case had amassed some $350,000 in attorneys’ fees which Freightliner would have been ordered to pay in the event of an adverse verdict, as attorney fees can be recovered in Lemon Law actions.

The jury returned a defense verdict.

This case marks the third Lemon Law defense verdict that Richard C. Moreno has obtained on behalf of Freightliner. Richard C. Moreno is an associate in the Los Angeles Office and focuses his practice on product liability matters. Rebecca Sobie, an associate in the Los Angeles office drafted the motions for this case.

Insufficient Contact with California Releases Used Truck Seller from Liability

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Richard C. Moreno and Gina E. Och successfully moved to quash service of summons for lack of personal jurisdiction in a products liability case involving a seller of used trucks in Minnesota. Plaintiff had sued the truck dealer for alleged defects in the framing of three used trucks purchased by plaintiff. The defense moved to dismiss the complaint based on the contention that the court could not exercise personal jurisdiction over defendant. Not only did Plaintiff purchase the trucks from a Minnesota company, but they were previously altered in Minnesota by another Minnesota company and the plaintiff came to Minnesota to pick up the trucks.

The defense argued that there were insufficient contacts between the defendant and California. Plaintiff argued that because defendant advertised nationally the court could exercise personal jurisdiction over this Minnesota company. The court granted the motion to quash in favor of the defense and dismissed the defendant from the action.