Ike Kaludi
$3.875M Berkeley Settlement: How We Turned Defense Experts Into Plaintiffs’ Weapons
September 25, 2025 5:30 PM||
Discover how a ‘hopeless’ case against the City of Berkeley became a $3.875 million victory through strategic expert witness conversion.
On September 21, 2016, Miguel Pérez, a hardworking janitor and Berkeley native who previously helped worked on the San Francisco Bay Bridge, suffered a devastating fall in a City of Berkeley trash corridor that would change his life forever. What began as a routine workday ended with Miguel unconscious beneath toppled trash carts in a dimly lit, glass-strewn hallway that city inspectors had warned was dangerous for months.
The City's response? Blame the victim. Accuse him of opioid addiction. Deny the traumatic brain injury despite objective medical evidence including growth hormone deficiency and brain scarring visible on MRI. Their strategy was clear: paint Miguel as an unreliable addict rather than address their own negligence in maintaining a hazardous trash corridor with two-wheeled carts dangerously stacked atop each other.
This webinar reveals how we transformed a case the City thought they'd win into a $3.875 million settlement by:
· Turning defense medical experts into our strongest witnesses - including getting their endocrinologist to admit Miguel had TBI and detail lifetime treatment costs
· Overturning summary judgment on appeal through strategic collaboration with appellate counsel Ted Pelletier
· Exposing the City's "red herring" opioid defense by isolating their diagnosis to a single questionable event that failed DSM-5 criteria
· Using the City's own employees and paramedics to prove the dangerous condition existed for months despite multiple warnings
· Leveraging objective medical evidence including growth hormone testing and advanced brain imaging that the defense couldn't explain away
You'll discover the deposition strategies that dismantled each defense expert, the creative use of "self-advocacy theory" to explain surveillance video, and how we proved the City prioritized cost-savings over safety by limiting janitorial services to evenings only in a busy government building.
This case study demonstrates how thorough preparation, strategic expert witness management, and relentless pursuit of objective evidence can overcome even the most aggressive victim-blaming defense. Perfect for attorneys handling premises liability, TBI, or government entity cases who want to maximize value despite challenging defenses.
Key Takeaways:
· Converting hostile defense experts through strategic deposition techniques
· Overcoming addiction accusations in TBI cases with objective medical evidence
· Building liability through government's own documentation and witnesses
· Maximizing damages through defense expert admissions about future care
· Appellate strategies for reversed summary judgments
Join us to learn how a "routine slip and fall" became a multi-million dollar victory against a defendant who thought they were untouchable.
If you can't attend Live, Watch On Demand