October 5, 2026

Edited by Shawn Steel

JURY 9/30/2026 AWARDS $11.5 MILLION TO SHAWN STEEL LAW FIRM CLIENT


Our client, 69-year-old Gary Swisher, a hard-working longshoreman, was riding his bicycle early one morning along Pacific Coast Highway in Harbor City. He did not know it would be his last ride.


It was still dark. At a stretch of sidewalk raised for years, the front wheel caught. Gary was thrown somersault-style onto his head. The fall left him with serious, permanent traumatic brain injuries.


The defect was visible as far back as 2012 and appears in Caltrans’s own photographs. In 2019, another rider crashed on the same defect, filed a claim, and sued. Caltrans had inspected the location 17 times before Gary’s accident and still did not repair it.


This was not ordinary negligence. It was gross negligence.


A year ago, Caltrans could have settled for $750,000. It refused and offered $20,000. After years of litigation, depositions, and testimony from more than ten experts, a Long Beach jury awarded Gary $11.5 million and found Caltrans 95 percent responsible. The verdict is 575 times that offer. The jury assigned Gary only 5 percent of the fault.


The lesson is plain: when Caltrans controls a site and has repeated notice of a danger, it must act.


The Shawn Steel Law Firm and Kramer Trial Law are proud of their joint work and of what it secured for Gary Swisher.


Verdict:


  • Future medical specials: 1.5M
  • Past pain and suffering: 2M
  • Future pain and suffering: 8M
  • Total = 11.5M
  • Apportionment of liability: Caltrans: 95% vs Gary: 5%
  • Total for Plaintiff: $10,925,000


Verdict: September 30, 2026


The Hon. Judge Sabina Helton, presiding

Long Beach Superior Court.

 

How a PI attorney handles the chiropractor after the case begins says a lot. 🤷‍♂️


Communication shouldn’t disappear. Billing shouldn’t become a guessing game. And the chiropractor shouldn’t find out at the very end that their fee is suddenly being questioned.


We believe those conversations should be handled clearly from the start. 💯

Dr. Gary offers the answer how to give a credible opinion as to future care for PI patients.


For the asking there is a form offering how to make a rational estimate of future care necessary.


When deciding for future care consider the following:

  • When was MMI reached.
  • Since MMI how many flare-ups did patient suffer?
  • How many times has patient returned to care after MMI?
  • Use Lewkovich’ s formula to estimate necessary future care.
  • Flare-ups may also require a second opinion.

Get your copy of this form from johntawlian@shawnsteel.com.

Where:

Korean Palace

2297 Stevens Creek Blvd, San Jose, CA 95128


Time:

6:30PM-9:00PM


Scan the QR code or register using the text link below:

LIVE Santa Clara County/Monterey Bay Regional Event: Smart, Safe, Ethical PI Practice


 

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