Brian J. Panish

Over ten days in February, Panish scored a pair of significant wins for clients.

On Feb. 19 he and co-counsel obtained a $39.5 million settlement for college student Marissa Freeman, who suffered cardiac arrest and a severe brain injury from heat stroke during an outdoor class run in 95-degree weather at California State University San Bernardino. Freeman v. The Board of Trustees of the California State University, CDS1902640 (San Bernardino Co. Super. Ct., filed Jan. 25, 2019).

The settlement included an agreement by CSU to develop and implement a system-wide policy for heat illness prevention at all 23 campuses. “I’m a CSU graduate of Fresno State myself,” Panish said. “CSU recognized an issue and stepped up to settle.

On Feb. 10, following a nine-day bench trial, a Los Angeles County Superior Court judge awarded $23.7 million to a Southern California man and his wife after the man suffered a lower leg amputation as a result of being struck while riding his motorcycle by a 28-foot utility truck. Rojas v. Hajoca Corp., BC689703 (L.A. Super. Ct., filed Jan. 10, 2018).

The wins were satisfying, but Panish is looking forward. He is the plaintiffs’ co-lead trial counsel in the massive Porter Ranch gas well blowout litigation. Trial is set for early next year, but meanwhile the runup has been contentious—and costly to the defense.

Last year Los Angeles County Superior Court Judge Carolyn B. Kuhl imposed $525,000 in monetary, evidentiary and issue sanctions against Southern California Gas Co., its Sempra Energy parent and their lawyers for discovery abuses. Kuhl’s order also allows Panish and colleagues to reopen any deposition at the defendants’ expense, which will cost the defense millions of dollars more, Panish said.

“Fights for discovery happen, but this is the most obstruction I’ve seen in 38 years of practice,” Panish said. “They withheld documents, so we now have to re-do numerous depositions of numerous people.”

The defendants’ litigation tactics, Kuhl wrote, were “willful, intentional and in bad faith.” The judge who took over from Kuhl, Daniel J. Buckley, ruled in January that the defendants must face punitive damages claims due to evidence—viewed in a light most favorable to plaintiffs—that shows “despicable conduct” and “a willful and conscious disregard of the rights or safety of others.”

“I am focused on Porter Ranch, and I am really looking forward to the trial,” Panish said.

- John Roemer