Through a thorough investigation, the Law Offices of Winer & McKenna, LLP was able to establish that a County bus was illegally parked next to the driveway exit of the shopping center. The location of the illegally blocked bus prevented the vehicle driver and the motorcyclist from seeing each other for several seconds before the accident.

The case settled with the driver of the motor vehicle for his $100,000 policy limit because the driver was clearly the primary cause of the collision.

During the litigation of the case against the bus company, the bus company alleged that the bus was not illegally parked because it was on an early morning training mission for new drivers and the bus was not actually parked, it was being used to teach new drivers parking techniques; that the complete responsibility for the accident fell on the motorcyclist and automobile driver since they had more than enough opportunity to see each other and drive more carefully to avoid the accident; and that by the time the motorcyclist arrived at the point in the roadway where the bus would have blocked his view, it was too late to avoid the accident; thus the bus was not a cause of the accident.

The Law Offices of Winer & McKenna, LLP retained a motorcycle expert, a bus expert and an accident reconstruction expert to help establish that the bus was in fact illegally parked even if it was on a training mission; that because of the size of buses, a bus operator must be careful not to park too close to driveways and that buses are known to obscure the visibility of other vehicles. The experts further testified that the damage to the motorcycle and automobile indicated speeds that would have made the parked bus a contributing factor to the accident because it blocked the view of the motorcyclist and the automobile driver for at least four seconds. This would have been sufficient time for either the motorcyclist or the auto driver to take defensive action and avoid the accident.

Under California law, a defendant in a case is only responsible for pain and suffering damages up to the percentage of its fault; thus, because the vehicle driver was clearly primarily responsible for the accident, plaintiff was not able to recover the full value of an amputated leg case. The defendant claimed that since its general damage exposure was limited, and plaintiff’s economic damages were low because the plaintiff was able to return to work at his former job within nine months of the accident, that plaintiff’s damage award should be severely limited. Further, plaintiff suffered from incurable cancer, thus all his future damages were limited (plaintiff died within 1 year ot the settlement).

When the Law Offices of Winer & McKenna, LLP entered the case, there was no settlement offer from the bus company to the plaintiff. The $750,000 settlement against the bus company was one of the largest settlements in the State of California in a case against an illegally parked vehicle.

RESULT: Total settlement on behalf of plaintiff $850,000.

I have had the opportunity of serving as a mediator and arbitrator in a number of John Winer’s cases over the past seven years. There are several things that jump out at me when I reflect upon my experience with Mr. Winer.

First, Mr. Winer will take on the difficult case. He’s not at all reluctant to represent clients whose cases present challenging and complex legal or factual issues.

Second, Mr. Winer’s cases are always well-prepared. He is thorough and is prepared to answer any questions presented during the course of the mediation or arbitration.

Third, Mr. Winer is a terrific negotiator who obtains very fine results for his clients. Mr. Winer obtains good results because of his thoroughness and because his opponents know that Mr. Winer will try his cases if he can not obtain a favorable settlement.

In the course of my mediation/arbitration practice, I have worked with hundreds of attorneys from all over the state and country. Without hesitation I can say that John Winer is in the top echelon of attorneys in obtaining favorable settlements or arbitration results for his clients.”

Michael Ornstil, Esq.
San Francisco, CA

“As a former judge and now a mediator in a broad spectrum of civil cases, I have observed many attorneys in action. Unquestionably, John D. Winer is among the most effective. He is tenacious and an accomplished advocate.

Mr. Winer exhibits unyielding dedication to his clients and keeps what is in their best interests at the center of any discussion. Mr. Winer understands the strengths and the limitations of the law and uses that knowledge skillfully in getting the best results for his clients.”

Honorable Rebecca Westerfield
San Francisco, CA

I have known Mr. Winer for almost 20 years. During that time I have served with him as Vice President of the California Trail Lawyers Association and Vice President of the Consumer Attorney’s of California.

I can say unequivocally that John D. Winer is considered to be one of the very top plaintiff’s trial lawyers in the state of California.

Through the years, I have asked Mr. Winer to speak on various panels at large seminars given for the purpose of the continuing education of other lawyers. I have asked Mr. Winer to speak on a number of topics including damages, trial and settlement techniques in many different kinds of cases including construction litigation. Mr. Winer’s speeches are frequently attended by the very best lawyers in California and are always well received.

I have also referred a number of cases to Mr. Winer and there have been at least a dozen cases in which I represented an injured worker in a worker’s compensation case while Mr. Winer represented the same worker in a civil case seeking recovery for emotional distress, pain and suffering and other damages not covered by worker’s compensation. In working with Winer & McKenna, LLP, I have found the firm to always be highly ethical and to take whatever steps are necessary to maximize the worker’s recovery in both the worker’s compensation action and the civil case.

It seems that at least several times a year, I hear about yet another major verdict or settlement that Mr. Winer has received on behalf of one of his clients.

Mr. Winer is considered one of the leaders of the Plaintiff’s bar in the Bay Area and California, and a seriously injured person or survivors in a wrongful death case would be well served if Winer & McKenna, LLP agreed to take their case.”

Don Galine, Esq.
Vice President of Consumer Attorneys of California
Former Vice President of the California Trial Lawyers Association
Former President, San Mateo Trial Lawyers Association

“I have known John Winer on a professional basis for over ten years. During that time we’ve worked together on cases, referred each other cases, tried a case together and frequently consult with each other for input on how to deal with particularly difficult issues in cases.

I have found Mr. Winer, the lawyers at his firm, and his staff to always be extraordinarily professional and ethical. The law firm regularly obtains exceptional monetary recoveries for its clients, but what impresses me even more is the firm’s sensitivity to its clients and the way each client gets the personal attention he or she needs to make it through a sometimes difficult litigation.

Because I am both a psychologist and an attorney, I am amazed at how infrequently a client’s emotional needs are attended to or even recognized by most attorneys. John Winer and his staff are exceptional – they manage to be equally aggressive in litigating a client’s case and supporting a client’s emotional needs.

If a family member ever suffered a serious injury I would refer them to Winer & McKenna, LLP
.”

Joseph George, Ph.D., J.D.
Sacramento, CA

I am pleased to recommend the services of Mr. John D. Winer. I first met Mr. Winer when he was a student in my tort (personal injury) class in 1976. He was the outstanding student in the class, showing a real feeling for the nature of the material.

Through the years I have remained in personal and professional contact with Mr. Winer. On numerous occasions I have referred large, complex cases to him. He has received exceptional results in these cases. Many injured people come to a lawyer at a particularly stressful point in their lives. Mr. Winer has the particular ability to work compassionately with clients while pursing appropriate financial goals.

Finally, several years ago I found myself in need of an attorney. Without hesitation, I retained Mr. Winer and was delighted with the results.”

Professor Neil M. Levy
Golden Gate University Law School
Editor, Matthew Bender Six Volume Treatise “California Torts”

I have litigated a number of significant cases against Winer & McKenna, LLP. From a defense lawyer’s perspective, learning that John Winer was going to be my opposing counsel meant knowing the case was going to be a tough one to win for me and my clients. Some of the most brutal cases that I’ve ever had to defend found John Winer on the other side. However, I can testify to the fact that Mr. Winer always litigated his cases knowledgeably fairly and with the highest level of personal integrity.

Mr. Winer is inventive, tenacious and passionate about his client’s claims. He knows how to build value in cases. If you don’t settle with him, he won’t hesitate to throw down the gloves and go to trial against you. He likes working in front of juries and he’s won more than his fair share of very generous verdicts. As a defense attorney, I’m glad there are not very many practitioners like John Winer.

Laurence Wilson, Esq.
San Francisco, California

I have known John Winer for approximately 15 years. During that time period I have referred cases to Mr. Winer, co-counseled cases with Mr. Winer and lectured with Mr. Winer on at least a half-dozen panels aimed at improving the litigation, settlement and trial skills of attorneys.

Whenever I refer a case to Winer & McKenna, LLP I know that the case will be expertly handled and the client will receive the maximum amount of money recoverable for their damages.

When I co-counsel a case with Mr. Winer I know that our mutual client will have the benefit of Mr. Winer’s unique ability to be creative and aggressive while at the same time maintaining a positive relationship with the attorneys on the other side of the case, and, most importantly our mutual client.

I have also been impressed by the way that Mr. Winer has made it a point to give back to the legal community and the community at large by lecturing on a frequent basis to lawyers, health care providers and consumers and has fought for the rights of consumers, injured and abused people throughout the state of California.

I would highly recommend Winer & McKenna, LLP to any person who needs an attorney in a serious physical or psychological injury case or in a wrongful death case.

Gerry Manion
Board of Governors, Consumer Attorneys of California
Past President of San Francisco Trial Lawyers Association,
Past President of Lawyers Club of San Francisco.

I have practiced law for the last 25 years in the state of California. During that time period I have practiced both as a defense attorney and a plaintiff’s attorney. I have known John D. Winer for most of my career.

I have been privileged to have the opportunity to witness the way in which Mr. Winer and his law firm litigate, settle and try significant personal injury and wrongful death cases.

Having been a defense attorney who handled a significant case against Mr. Winer’s former law firm, I have always admired the way that Mr. Winer, like an expert chess player, anticipates the next move of his opponent in a case and plans his strategy to overcome that move. By the time the opponent realizes what happened, Mr. Winer and his client are already on the road to victory.

I have also had the opportunity to be in trial with Mr. Winer. During the trial he handled the witnesses and evidence masterfully and his damage argument to the jury was perhaps the most impressive closing argument I have ever seen.

Over the years I have referred a large number of cases to Winer & McKenna, LLP
and I would have no hesitancy in recommending him to any potential plaintiff in a serious personal injury, wrongful death, malpractice or abuse case.

Larry Klein, Esq.
Napa, California
Former Member Board of Governors
Consumer Attorneys of California