Brian J. Panish

Panish, a veteran trial attorney and co-founder of Panish Shea & Boyle, has more than 100 verdicts and settlements in excess of $10 billion to his name. He has six verdicts larger than $50 million, including a record $4.9 billion verdict in a products liability case against General Motors. He’s regularly tapped for leadership roles in some of the largest personal injury cases in the country.

While 2020 was slower than other years for Panish because of court closures forced by the COVID-19 pandemic, he’s back on track securing some of the largest awards in the state for his clients.

The case that took up the bulk of Panish’s time this year was a lawsuit against Cal State San Bernardino on behalf of a student who suffered a severe brain injury, cardiac arrest and multi-system organ failure after experiencing heat stroke during a running class. Panish settled the case in February for $39.5 million in addition to having California State University agree to develop and implement a policy for heat illness prevention, education and protocols at all 23 of its campuses.

Panish claimed the physical education class plaintiff Marissa Freeman was enrolled in was not properly monitored or supervised. The class was still held on the day Freeman suffered heat stroke despite the temperature clocking in above 104 degrees, according to Panish. And when she collapsed, Panish said the trainer for the school came out but refused to move her because he thought he was not supposed to.

“If he brought her inside, she wouldn’t have had such severe injuries,” he said.

Litigation started in October but was paused in mid-December because of the pandemic, Panish said. He used the time to negotiate a settlement. Freeman v. Board of the Trustees of the California State University, CIVDS1902640 (San Bernardino Super. Ct., filed Jan. 25, 2019).

Along the way, Panish successfully fought back a move by California State University to pause proceedings. Responding to claims the trial could possibly be a virus “super spreader” event, he argued the court should start the trial because of the plaintiff’s severe injuries, which required 24-hour care. And the court was ultimately renovated to convene a trial amid the pandemic. Safety measures included Plexiglass dividers and allowing witnesses to testify remotely.

Another case Panish devoted much of his time to last year led to a verdict of $23.7 million. He represented Steeve Rojas, whose leg was amputated after he was struck by a utility truck while riding his motorcycle. Rojas v. Hajoca Corporation, BC689703 (L.A. Super. Ct., filed Jan. 10, 2018).

The Hajoca Corp., which employed the truck driver, claimed Rojas was partially at fault because he was going too fast and challenged his loss of future earnings and cost of his future medical care claims because he returned to work. However, the defendant was found to be completely at fault.

In a bench trial, Judge J. Stephen Czuleger awarded Roojas $18 million in general damages and $4.5 million in economic damages.

Panish said litigating the case amid the pandemic represented some challenges. He emphasized having to keep on his mask for up to eight hours a day and having to project his voice so the jury could hear.

“You have to practice in the environment, and you have to be patient,” he said. “Things will be slow. Things will be frustrating.”

Panish said he felt some of the changes forced by COVID-19 should carry over to ease the court’s growing backlog of cases, including holding some hearings through Zoom and allowing witnesses to testify remotely.

— Winston Cho