General

Partner David Cumberland heads the firm's personal injury litigation practice. While other firm attorneys have tried personal injury cases to verdict, Mr. Cumberland has personally tried over seventy personal injury cases to verdict on behalf of public and private parties, typically defendants in the cases. A representative sampling of the most significant cases Mr. Cumberland has tried are set forth below.

Representative Tort Case Trials

Represented San Luis Coastal Unified School District in a four-week trial involving two consolidated cases involving two students who suffered crush injuries to the thoracic spine when a vehicle fell off jack stands on top of the plaintiffs due to the negligent operation of a forklift by a District Instructor. The case was tried in 2009 in San Luis Obispo County Superior Court. The District admitted liability and causation, and tried the case on damages. The jury awarded $1,200,000.00 to plaintiff Olson, and $276,000.00 to plaintiff Van Heuver. Prior to trial, demands were made by Olson for $4,5000,000.00 and for Van Heuver of $1,200,000.00.

Athie v. City of Santa Maria, Santa Barbara County Superior Court

Represented City of Santa Maria in a two-week jury trial regarding a claim by plaintiff on numerous herniated discs due to being crushed by a backhoe operated by a City employee at the Santa Maria landfill. The case was tried in approximately 2004 in Santa Barbara County Superior Court. A defense verdict was rendered for the City.

Kedzior v. Atha, et al., San Luis Obispo County Superior Court

Represented defendant Atha and his trucking company, Redmond Trucking, in a three-week trial involving claims by plaintiff that he sustained herniated discs to his mid and low back as a result of a semi-truck driven by Atha which rear-ended and crushed plaintiff's Mazda van. The case was tried in 2001 in San Luis Obispo County Superior Court. The jury returned a defense verdict for defendants. The lowest demand made by opposing counsel prior to trial was for $1,200,000.00.

Camacho, et al. v. City of Santa Maria, Santa Barbara County Superior Court

Represented the defendant City of Santa Maria in a two-week trial involving allegations of excessive force by two separate plaintiffs whose cases were consolidated. The case was tried in Santa Barbara County Superior Court, Santa Maria branch, in 1995. A defense verdict was rendered for the City of Santa Maria.

Larabie v. City of Santa Maria, Santa Barbara County Superior Court

Represented the City of Santa Maria in a three-week trial involving claims of herniated disc to neck and back by plaintiff Larabie falling in a construction zone owned and controlled by the City of Santa Maria. The case was tried in 1994. A defense verdict was rendered for the City.

Vargas v. City of Santa Maria, Santa Barbara County Superior Court

Represented the City of Santa Maria in excessive force case brought by the heirs of decedent who died after being restrained (hog tied) by the City of Santa Maria police officers. The case lasted four weeks and was tried in approximately 1993 in Santa Barbara County Superior Court, Santa Maria branch. A defense verdict was rendered for the City.

Trejo v. City of Santa Maria, Santa Barbara County Superior Court

Represented City of Santa Maria in a dangerous condition road design case. The plaintiff, Joseph Trejo, contended he was driving a motorcycle along Jones Street in Santa Maria and was unable to negotiate a curve based on a failure of the City to post speed limit or other warning signs and for failure to properly light the intersection. The case lasted two weeks. The lowest demand before trial was $500,000.00. A defense verdict was rendered for the City.

Richards v. State of California, San Luis Obispo County Superior Court

Represented the State of California, who was sued by plaintiff, a construction worker alleging herniated discs to his neck and back as a result of being crushed by falsework which collapsed on top of him. The case was tried in 1992 in San Luis Obispo Superior Court over a three-week period. A defense verdict was rendered for the State.

Davis v. City of Santa Maria, Santa Barbara County Superior Court

Represented the City of Santa Maria in a three to four-week case involving the wrongful death claim by the heirs of plaintiff Davis involving claims of defective road design of an intersection in the City. The case was tried in 1990 in the Santa Barbara County Superior Court, Santa Maria branch. A defense verdict was rendered for the City.