$650,000 – Slip and Fall Back Injury Case in Modesto

George Arata

The claimant experienced a slip and fall in a public grocery store. The store failed to have caution signs in place. Our client went through numerous situations including surgery, lumbar epidural injections and acupuncture. Nothing thus far has given the client any relief or pain or disability.  The doctor who performed the surgery concluded that our client would never be able to work in her profession again. After discovering the client would be forced onto disability and have to leave her job, a settlement of $650,000 was awarded.

A 63 year old man was attacked and bitten by a Weimaramer dog. Client sustained puncture injuries, scarring and strength loss in his injured arm. Our office retained a plastic surgeon and neurologist to render opinions as to the client’s need for future medical treatment which greatly increased the value of the claim. The matter was settled prior to the filing of the lawsuit. 

A man’s Honda Accord was stolen outside of a bar in Stockton, California. Client made a claim to CSAA for the loss of the vehicle of approximately$23,000. CSAA denied the claim which forced our office to file a lawsuit against CSAA for ‘bad faith’ alleging that CSAA wrongfully denied the client benefits under the policy. Ultimately, the case went to mediation where our office was able to obtain an excellent settlement for our client. 

A self-employed 60 year old individual was traveling in an almond harvester approaching a stop sign. Behind him was a freightliner truck. The freightliner did not see the vehicle, due to impaired vision, thus resulting in hitting the harvester from behind. The almond harvester spun out of control, ultimately sending it into a nearby home, causing more damage. Luckily, no one was injured in the home but our claimant suffered a fractured foot and ankle leaving him unable to tend to his farm. This case settled for $600,000.

An assault recently occurred in Jamestown, CA where a male victim was allegedly stabbed in the back several times while he was at his home. The victim was flown to Modesto hospital for treatment and is in stable condition. His injuries are not life threatening.


Police believe that at least six people were involved in the incident and that those allegedly involved contacted the victim and then came to his home unannounced and uninvited. Police still do not understand the motive in the assault and battery, but it appears that neither money nor drugs were involved.


Police have arrested one person so far in connection with the incident. He is being charged with home invasion robbery, assault with a deadly weapon, criminal conspiracy, and first-degree burglary.


Defining Assault


Though charges of assault and battery are often paired, in this case the charges against the individual arrested involve just assault. “Assault” in California is defined as an “unlawful attempt” to cause “violent injury” to another person, whereas battery is the actual force or violence on the other person.


The individual arrested is not being accused of causing physical harm to the victim, but threatening the victim with the knife that was allegedly used in this crime.


California considers assault with a deadly weapon a felony.


Defenses to Assault


Some of the common defenses to assault and battery include:


  • Consent to the activity or act
  • Defense of another person
  • Defense of the home or personal property
  • The accused did not actually have the ability to inflict harm
  • The accused did not act willfully or did not have the intent to inflict harm


Another option for those accused of assault, is to try to negotiate a plea agreement. While this is not considered a defense, when handled by an experienced assault defense attorney, it may result in a reduced sentence for a guilty party. If the accused agrees to the lesser charges, then the prosecution does not have to go through a full trial to prove guilt.


If you have been charged with assault, it is important that you seek the help of an attorney who is experienced in defending such criminal cases.


The law offices of Arata, Swingle, Van Egmond & Goodwin can help. We welcome your call today on (209) 522-2211 to discuss the charges laid against you, or a loved one.

Represented the parents of a man who was killed by a hit and run driver. The driver was ultimately located and pled no contest to a felony hit and run. The driver was uninsured so a claim was filed against the parents’ automobile insurance company seeking uninsured motorist benefits. The insurance company denied the claim arguing that there was no coverage as the son was not a resident of his parents’ household. After litigation and mediation, our office was able to secure an excellent settlement for the clients

A young woman was struck by a hit and run taxi cab. As a result, she sustained a broken tibia that required surgery. Ultimately, through much diligence, it was believed that the correct cab company was located and ultimately sued. Defendants denied that it was their cab involved in the incident but, ultimately, our office was able to secure an excellent settlement for the client. 

As the claimant was driving down an open road in her vehicle, a dual trailer gravel truck approached a stop sign ahead of her. The truck driver had a clear vision of the vehicle and was aware the vehicle had the right-of-way.The truck driver proceeded forward interrupting their right-of-way. Due to the excessive speed the vehicle was going, an accident was bound to happen. Liability was set at 30/70 (30 the vehicle, 70 the truck). The accident caused an open ankle fracture to the vehicle driver. She had to have surgery and a temporary hardware place in the ankle with a later date of an ankle fusion set. Although the vehicle was speeding,it was not the cause of the accident which is why the claimant received $700,000 for personal injuries.

A 38 year old claimant was traveling on the right side of a country road shortly after sunset.Approaching the vehicle in the opposite lane was a tractor pulling a disk. The claimant ultimately ended up hitting the disc due the disc being illegally placed over the yellow lines. The accident was shown to be unavoidable as the tractor or discs did have reflectors in place to help one see the wideness of the machine on the road. The motor vehicles collided causing the claimant serious injuries to his leg that turned into a series of unfortunate events for the claimant. The claimant received a settlement of $700,000.

A 62 year old claimant was involved in an auto accident caused by an illegal turn. The injuries acquired left the claimant with significant residual impairment of motion in wrists and a fractured arm. Due to the claimant’s injuries, she was unable to continue in her career profession. The case settled for $730,000.