Brian W. Plummer, Esq.

Brian W. Plummer, Esq.Brian W. Plummer, Esq.Brian W. Plummer, Esq.

Brian W. Plummer, Esq.

Brian W. Plummer, Esq.Brian W. Plummer, Esq.Brian W. Plummer, Esq.
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Notable Trials

Haskins v. Union Pacific Railroad Company (2007)

USDC, Eastern District of California, Case No. 2:05-CV-01703-LKK-DAD

Federal Employers Liability Act

28 Trial Days

Mr. Plummer was associate counsel representing Union Pacific Railroad Company against claims of TBI and orthopedic injuries caused by violation of FELA. Opposing counsel was Phil Ganong, Esq. The trial judge was Hon. Lawrence Karlton. The jury verdict was published in VerdictSearch, Vol. 6, Issue 24 (2007).


Mayorga v. Union Pacific Railroad Company (2007)

Long Beach County Superior Court, Case No. NC038202

General Negligence - Motor Vehicle Accident

4 Trial Days

Mr. Plummer was lead trial counsel representing Union Pacific against claims of TBI and orthopedic injuries as the result of a semi-tractor vs. railroad equipment incident at the ICTF in Long Beach. Opposing counsel was Jesse Halpern, Esq.


Velting, et al. v. Union Pacific Railroad Company, et al. (2008)

Stanislaus County Superior Court, Case No. 610558

General Negligence - Railroad Crossing Accident

7 Trial Days

Mr. Plummer was lead trial counsel representing Union Pacific against claims of TBI and orthopedic injuries as the result of motor vehicle accident. Mr. Plummer obtained a defense verdict on behalf of his client. Opposing counsel was Gary Davis, Esq. The trial judge was Hon. William Mayhew. The jury verdict was published in VerdictSearch, Vol. 7, Issue 46 (2008).


Conley v. Union Pacific Railroad Company, et al. (2009)

USDC, Eastern District of California, Case No. 2:04-CV-01970-FCD-GGH

Federal Employers Liability Act

15 Trial Days

Mr. Plummer was co-counsel representing Union Pacific against claims of inhalation injury from locomotive fire. Opposing counsel was Anthony Petru, Esq. of Hildebrand McLeod & Nelson. The trial judge was Hon. Frank C. Damrell, Jr. Judge Damrell was the same judge that Mr. Plummer served as judicial extern during his third year of law school.  It was a special privilege to try a case in front of Judge Damrell. The jury verdict was published in VerdictSearch, Vol. 8, Issue 45 (2009).


Garbutt v. Union Pacific Railroad Company, et al. (2009)

Long Beach County Superior Court

Federal Employers Liability Act

Mr. Plummer was co-counsel representing Union Pacific. The main issue in dispute was the scope of defense and indemnity duties contained in contract between railroad and global ocean carrier.  Mr. Plummer prevailed on the issue during a bench trial, which resulted in quick settlement of underlying personal injury matter at great savings to his client.


Kenerson, et al. v. Union Pacific Railroad Company, et al. (2010)

Amador County Superior Court, Case No. 07-CV-4874

General Negligence - Railroad Crossing Accident

10 Trial Days

Mr. Plummer was sole trial counsel representing Union Pacific against claims of TBI, PTSD, and orthopedic injuries suffered as a result of an auto v. train collision. Mr. Plummer obtained a defense verdict for his client. Opposing counsel was Thomas Geraghty, Esq. The jury verdict was published in VerdictSearch, Vol. 9, Issue 42 (2010).


Jackson v. Union Pacific Railroad Company, et al. (2011)

Placer County Superior Court, Case No. SCV-24033

Wrongful Termination

17 Trial Days

Mr. Plummer was lead trial counsel representing Union Pacific against claims of wrongful termination. Mr. Plummer obtained a defense verdict on behalf of his client. Opposing counsel was Larry Lockshin, Esq. The trial judge was Hon. James Garbolino. The trial was held in the original courtroom of the Placer County Historic Courthouse in Auburn, CA. The jury verdict was published in VerdictSearch, Vol. 7, Issue 6 (2011).


Haut v. Union Pacific Railroad Company (2011)

Placer County Superior Court, Case No. SCV-23592

Federal Employers Liability Act

18 Trial Days

Mr. Plummer was lead trial counsel representing Union Pacific against claims of TBI and orthopedic injuries as a result of FELA violation. Mr. Plummer obtained a defense verdict on behalf of his client. Opposing counsel was Larry Lockshin, Esq. The trial judge was Hon. Jefferey Penney. The jury verdict was published in VerdictSearch, Vol. 11, Issue 10 (2012).


Maloney v. Union Pacific Railroad Company (2015)

San Bernardino County Superior Court, Case No. CIVBS1200127

Federal Employers Liability Act

10 Trial Days

Mr. Plummer was lead trial counsel representing Union Pacific against violations of orthopedic injuries in violation of FELA. Opposing counsel was Mark Dupont, Esq. of the Law Office of Mark Dupont.  The trial judge was Hon. Janet Frangie.


Kehler v. Dignity Health Medical Foundation (2016)

Sacramento County Superior Court, Case No. 34-2012-00134721

Professional Negligence - Medical Malpractice

6 Trial Days

Mr. Plummer was co-counsel representing plaintiff alleging perforated bowels as the result of medical malpractice.  Opposing counsel was Dominique Pollara, Esq. of Pollara Law Group.  The trial judge was Hon. David Abbott.


Benavidez v. Duncan (2020)

Yuba County Superior Court, Case No. CVPO18-01999

General Negligence - Motor Vehicle Accident

4 Trial Days

  

Mr. Plummer was sole trial counsel representing defendant in a rear-end collision resultings in alleged orthopedic injuries. Mr. Plummer obtained a defense verdict for his client. Opposing counsel was Steve Gimblin, Esq. The trial judge was Hon. Stephen Berrier. The jury verdict was published in VerdictSearch, March 2020.


McPherson v. Jenkins (2021)

Placer County Superior Court, Case No. SCV0040985

General Negligence - Motor Vehicle Accident

6 Trial Days

Mr. Plummer was co-counsel representing defendant in a rear-end collision resulting in alleged orthopedic injuries. Opposing counsel was Alan Laskin, Esq. of Laskin Balma. The trial judge was Hon. Michael Jones.


Rojas v. Jaguar Land Rover North America, LLC (2022)

Sacramento County Superior Court, Case No. 34-2019-00259364

Breach of Warranty - Lemon Law

7 Trial Days

Mr. Plummer was lead trial counsel prosecuting a lemon law claim. The jury found a willful violation of the law and awarded maximum civil penalties.  Opposing counsel was Richard Stahlbarg, Esq. of Bowman & Brooke, LLP. The trial judge was Hon. Jill Talley.


Ardon v. Toyota Motor Sales, Inc. (2023)

Los Angeles County Superior Court, Case No. 19STCV42416

Breach of Warranty - Lemon Law

5 Trial Days

Mr. Plummer was lead trial counsel prosecuting a lemon law claim. The jury found a violation of the law. Opposing counsel was Sean Beatty, Esq. of Beatty & Myers, LLP.  The trial judge was Hon. Daniel Murphy.


Maqueda, et al. v. Kia Motors America, Inc. (2023)

San Diego County Superior Court, Case No. 37-2019-00070127

Breach of Warranty - Lemon Law

7 Trial Days

Mr. Plummer was lead trial counsel prosecuting a lemon law claim. The jury found a willful violation of the law and awarded civil penalties.  Opposing counsel was Richard Stahlbarg, Esq. of Bowman & Brooke, LLP.  The trial judge was Hon. Joel Wohlfeil. 


Ramirez, et al. v. Kia Motors America, Inc. (2023)

Los Angeles County Superior Court, Case No. 19STCV36151

Breach of Warranty - Lemon Law

9 Trial Days

Mr. Plummer was lead trial counsel prosecuting a lemon law claim. The jury found a violation of the law.  Opposing counsel was Benson Douglas, Esq. of Lehrman, Villegas, Chinery & Douglas, LLP.  The trial judge was Hon. Lia Martin.


Herlitz v. The Crest at Citrus Heights, et al. (2023)

Sacramento County Superior Court, Case No. 34-2021-00310867

Elder Abuse

2 Trial Days

Mr. Plummer was lead trial counsel prosecuting an elder abuse case against an assisted living center.  The case resolved during the second day of jury selection. Opposing counsel was Kevin Smith of Law Offices of Kevin M. Smith. The trial judge was Hon. Peter Southworth.


Cifuentes v. Kia Motors America, Inc. (2024)

Los Angeles County Superior Court, Case No. 22GDCV00903

Breach of Warranty - Lemon Law

6 Trial Days

Mr. Plummer was lead trial counsel prosecuting a lemon law claim. The jury found a willful violation of the law and awarded maximum civil penalties.  Opposing counsel was Benson Douglas, Esq. of Lehrman, Villegas, Chinery & Douglas, LLP. The trial judge was Hon. Sarah Heidel.


Ruiz, et al. v. Toyota Motor Sales, Inc. (2024)

Los Angeles County Superior Court, Case No. 21STCV14964

Breach of Warranty - Lemon Law

6 Trial Days

Mr. Plummer was lead trial counsel prosecuting a lemon law claim. The jury found a violation of the law.  Opposing counsel was Sean Beatty, Esq. of Beatty & Myers, LLP. The trial judge was Hon. Daniel Murphy.


Natera v. Hyundai Motor America (2024)

Santa Clara County Superior Court, Case No. 19CV345665

Breach of Warranty - Lemon Law

3 Trial Days

Mr. Plummer was lead trial counsel prosecuting a breach of oral contract claim. Following an agreed settlement at MSC, the defendant took the position that defense counsel did not have authority to settle the case at the settlement conference. The breach of oral contract claim was subsequently added to the case and tried to the bench. The judge found in favor of Plaintiff.  Opposing counsel was Brian Takahashi, Esq. of Bowman & Brooke, LLP. The trial judge was Hon. Daniel Nishigaya.


Guzman, et al. v. American Honda Motor Company (2024)

Los Angeles County Superior Court, Case No. 23STCV03065

Breach of Warranty - Lemon Law

6 Trial Days

Mr. Plummer was lead trial counsel prosecuting a lemon law claim. The jury found a willful violation of the law and awarded maximum civil penalties for a total verdict exceeding $220,000.  Opposing counsel was Tucker Dowling, Esq. of Bowman & Brooke, LLP. The trial judge was Hon. Barbara Scheper.


Renderos, et al. v. Ford Motor Company (2024)

Los Angeles County Superior Court, Case No. 21STCV15562

Breach of Warranty - Lemon Law

12 Trial Days

Mr. Plummer was lead trial counsel prosecuting a lemon law claim. The jury found a violation of the law. The jury was hung regarding whether the violation was wilfull. Opposing counsel was Michael Mortenson, Esq. of Mortenson & Taggart. The trial judge was Hon. Gail Killefer.

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