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    DARRELL A. FORGEY, ESQ.

    • Based in Los Angeles
    • Available for Mediation and Arbitration assignments
    >> Contact Case Manager >> Submit an Inquiry >> Submit a Case

    Introduction

    After over 30 years of trial practice and 25 years of court-ordered and private dispute resolution, veteran trial lawyer Darrell Forgey is now concentrating on a full-time dispute resolution practice. He has mediated or arbitrated over 2,500 cases since 1980 and is available for mediations, arbitrations, settlement conferences, and discovery references. Mr. Forgey has extensive experience in cases involving catastrophic personal injury and wrongful death, products and professional liability, employment, business, and commercial litigation, governmental entities, construction defect, aviation, real estate, toxic tort, and general liability actions. One very prominent plaintiff attorney has commented, "There are only a handful of mediators that I would entrust with the fate of my clients and Mr. Forgey is at the top of the list." A well-known defense lawyer stated "Mr. Forgey has a great temperament and works the cases before him toward a fair resolution. Most importantly, cases mediated using Mr. Forgey as a mediator settle."

    Practice Areas

    Experience Summary

    Below is a sampling of the various matters Darrel A. Forgey, Esq. handled as a practicing attorney or neutral.

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    Hobbies & Interests

    Mr. Forgey's interests include golf, reading, history and travel. He is a Civil War enthusiast and a fellow of the Huntington Library in San Marino, California.

    Testimonials

    "I have finally had the opportunity and honor to participate in a mediation with Darrell Forgey - I genuinely appreciate his analysis and evaluation, and his uncanny ability to untangle the complex web of issues."
    - Prominent Attorney in San Francisco, CA

    "One of the things I love best about mediating with Darrell Forgey is how easy it is to get the case set as the other side often suggests Darrell making it easy for me to move forward. Darrell is respected for his sheer work ethic, and his ability to make the session a pleasureable experience."
    - Defense Attorney, Los Angeles, CA

    "Has always gotten my cases settled. Excellent in all ways."
    - Attorney on a Premises Liability Case

    "Darrell is a cut above the rest. Compassionate, thoughtful and considerate about our clients and resolute to see matters get settled fairly."
    - Attorney on an Assault & Battery Catastrophic Case

    "Background in construction litigation and trail tactics most helpful."
    - Attorney on a Business Contractual Fraud Case

    "Darrell's a great guy, he knows the right things to say and how to keep the negotiation headed in the right direction."
    - Partner at a Los Angeles Based Law Firm

    "Mr. Forgey was knowledgeable & tenacious, as always."
    - Attorney on a Premises Liability Case

    "I thought we had no chance of a settlement and he made it happen."
    - Attorney on a Personal Injury Auto Case

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    Experience Summary

    Legal Career

    • Full -time Neutral, Judicate West (2006 - Present)
    • Of Counsel, Hurrell & Cantrall, LLP (2006)
    • Partner, Forgey & Hurrell, LLP, Specializing in all types of Civil Litigation (2002-2006)
    • Partner, Hillsinger & Costanzo; Hillsinger, Forgey, Hurrell & Star (1973-2002)

    Education & Professional Affiliations

    • J. D., Loyola Law School, Los Angeles (1973)
    • B.A., Political Science, Cal State Northridge, (1965-69); Member, Blue Key National Honor Society (1969)
    • CAL-ABOTA President, Member, National Board of Directors (2005)
    • Mediation training, Pepperdine University, Straus Institute for Dispute Resolution (2003, 2005, 2008, 2011, 2014 & 2017)
    • California Defense Counsel, President (2001)
    • American College of Trial Lawyers, Fellow (Elected 2001)
    • Los Angeles Chapter, Diplomat of the American Board of Trial Advocates, President (2000); Recipient, 2004 ABOTA Civility Award
    • Stanford Law School, National Institute for Trial Advocacy Instructor's Certificate (1996)
    • Association of Southern California Defense Counsel, President (1995)
    • Association of Business Trial Lawyers, Member (1995-Present)
    • ABA Section of Dispute Resolution, Member; Attended ABA Advanced Mediation Training (1995)
    • Harvard Law School, Program of Instruction for Lawyers (1994)
    • ABOTA Trial School & ABOTA Masters in Trial Programs,Instructor/ Participant (1980-Present)
    • American Bar Association, California State Bar Association & LACBA, Member (1973-Present)
    • Numerous ADR courses completed at Pepperdine University, including the Masters Forum
    • Los Angeles County Superior Court ADR Panel & Past member, AAA Arbitration Panel

    Achievements & Awards

    • Mr. Forgey was named by Los Angeles Magazine as one of California's "Super Lawyers", 2014 & 2013, in the field of Alternative Dispute Resolution.
    • Throughout the years, Mr. Forgey has written several articles for a variety of legal publications.
    • Presented numerous MCLE seminars and participated on panels for various plaintiff, defense and insurance groups.
    • Recognized as a Southern CA "Super Lawyer" by Los Angeles magazine in 2006-2018.
    • Selected by the Daily Journal as an "Up and Comer" in the Top Neutral issue in 2009.
    • In 2010 and 2011 he was selected as one of California's "Top Neutrals".

    Legal Experience

    • Aviation
    • Business/Commercial Litigation
    • Catastrophic Personal Injury/Wrongful Death
    • Construction Defect
    • Employment
    • Governmental Entities
    • Products/Professional Liability
    • Real Estate
    • Toxic Tort/General Liability Actions

    Representative Case Information

    Recent Representative Cases

    Business/Commercial

    A.D.A.

    • Arbitrated of claims wrongful termination in violation of public policy and age discrimination when, allegedly, only multiple older employees were terminated followed by ageist comments made by a supervisor.

    Complex Commercial

    • Mediated claims of deceit, breach of contract, trespass and conversion arising where the caretaker of a property allegedly conspired to remove, without a permit, and sell rock for profit causing the subject property, including a streambed, to be defaced and damaged.

    Contractual

    • Mediated settlement of claims arising when a company's boilers used for manufacturing products failed causing afire.
    • Mediated breach of contract claims for failure to pay arising from the sale of a dental practice
    • Mediated settlement of multi-million dollar claims alleging negligence, negligent supervision and negligent training when a woman with pre-existing condition of diabetes was accidently cut when receiving a pedicure leading to severe infection and surgery.

    Construction

    Construction Defects

    • Mediated construction defect claims against subcontractors that arose when a general contractor failed to build a residential swimming pool.
    • Mediated settlement of claims

    Employment

    Discrimination

    • Employment case against auto dealership claiming wrongful termination, retaliation, religious discrimination, adverse action, etc. Mediator's proposal was accepted by both sides.

    Labor Code

    • Mediated claims arising from catastrophic injuries suffered by a large machine operator where point of operation guards were removed resulting in workers' compensation suit with direct suit under Labor Code Section 4558, with 132a serious and willful violations, and punitive damages for despicable conduct sought.

    Wage and Hour

    • Mediated settlement of claims of labor code violations when an employee, allegedly, was misclassified as exempt instead of non-exempt, resulting in reduced pay and benefits.

    Insurance

    Subrogation

    • Subrogation case involving water damage at plaintiff's business. Property damage and business income loss. Liability case.

    Professional Malpractice

    Medical Malpractice

    • Mediated settlement of claims relating to illness a minor with Graves Disease with hyperthyroidism suffered when a pharmacy mistakenly filled his prescription with the wrong medication.
    • Mediated settlement of claims of medical malpractice, negligence, emotional distress and loss of earnings arising from burns and scarring from laser hair removal treatment.

    Real Estate

    Warranty of Habitability

    • Mediated settlement of warranty of habitability claims made by multiple apartment tenants against building owner due to alleged presence of bed bugs and cockroaches and failure to maintain and repair the premises in safe condition.

    Tort

    Catastrophic Injury

    • Mediated settlement of multi-million dollar claims of a motorcycle CHP officer injured on duty who suffered catastrophic injuries.
    • Mediated settlement of multi-million dollar claims of an elderly gentleman pedestrian who was hit by an automobile while crossing in a crosswalk and suffered serious injuries, including brain injury.
    • Arbitrated $6 million award for a woman pinned between her vehicle undercarriage and the curb resulting in massive leg injuries.

    Elder Abuse

    • Matter alleging negligence and elder abuse. Plaintiff, an 83-year-old female, allegedly neglected by defendant skilled nursing facility to include chronic rash, ruptured ileostomy bag and general lack of care and concern. Defendant denies and says care was appropriate and not negligent.

    General Negligence

    • Mediated settlement of claims arising from tenant's loss of business damages caused by a flood from an adjacent business.

    Personal Injury

    • Mediated settlement of seven figure premises liability claims that arose when a shopping mall patron was tripped by a gardening hose being used by a gardener and allegedly resulted in head trauma and catastrophic injuries.
    • Plaintiff, a music teacher, and tenant at a condo building slipped and fell on a newly re-surfaced floor in a common area and injured her shoulder. She had surgery and still suffers significant ongoing residuals. Case settled in mediation.
    • Horse bite case. 71-year-old female plaintiff was bit on left breast at defendant's stables. Scarring, breathing, bleeding, and breast implant issues.
    • Slip and fall at mall in Los Angeles County. Nondisplaced ankle fx; coccyx bruise. Questionable liability, husband claimed loss of consortium.
    • Slip and fall at defendant market. Problem with liability. Left knee surgery was good with good recovery. Case settled with a mediator's proposal.

    PI Auto

    • Mediated settlement of claims arising from police vehicle colliding with another vehicle on the freeway resulting in injuries.
    • Mediated settlement of claims arising when a large County public service truck collided with a car causing catastrophic injuries.
    • Auto vs. auto rear-end motor vehicle accident involving 2 plaintiffs: a husband and wife. Back and neck injuries. Admitted liability, disputed causation, and damages. Settled for a confidential amount in mediation.
    • Auto vs. county truck. "Side swipe". Two plaintiffs involved - one hurt with back surgery. Disputed liability, causation, and damages.
    • UM Arb converted to mediation. Golf cart versus bicyclist. Serious injuries and fxs. Multiple coverage issues.
    • Complex skateboard vs auto accident arbitration by stipulation. Plaintiff, 20 year old male, was out of control on skateboard when he was hit head-on by Defendant in SUV. Plaintiff sustained serious injuries including multiple fractures and surgeries. Primary issue: whether Defendant driver could have avoided the accident. Experts on both sides. Defendant disputes any liability.

    Premises Liability

    • Mediated settlement of claims that arose when, during a car chase of a fleeing suspect, an undercover police officer's vehicle crashed into an onlooker's vehicle.
    • Fall on an escalator at a mall in Orange County. Many pre-existing conditions. Back, neck, fx right ankle from this fall. Questionable liability; disputed damages and 3 defendants.

    Product Liability

    • Arbitrated a product liability claim of manufacturing defect and design defect that caused the plaintiff's vehicle to unexpectedly accelerate and crash.
    • Mediated settlement of claims of products liability, negligence and breach of contract relating to the malfunction of a power saw.

    Toxic Torts

    • Mediated settlement of claims arising when a college student was exposed to toxic chemicals while cleaning up the chemistry lab.
    • Mediated settlement of claims that plaintiffs were exposed to toxic chemicals in their apartment when other apartments were repaired and remodeled.
    • Mediated claims arising where an elderly woman was allegedly caused permanent disability from long term exposure to carbon monoxide and mold, in addition to other breaches of warranty of habitability.

    Workers Compensation

    • Trip and fall off loading dock when stair became detached. Alleged TBI, multiple fractures and contusions. Comparable negligence on plaintiff and employer.

    Wrongful Death

    • Mediated settlement of claims of construction defect and building code violations that resulted in the wrongful death of a teenage boy who died in a residential fire.
    • Arbitrated claims for disbursement of under insured motorist insurance policy where insured was killed in motorcycle accident and proceeds were to be divided between wife and children.
    • Single car accident when unlicensed Defendant driver lost control and drove off the road killing two and injuring three. Defendant driver fled the scene and was later arrested and convicted on two counts of manslaughter. Dead and injured were not wearing seat belts. Plaintiff claimed roadway was uneven and poorly maintained. Defendant Driver testified that she was arguing with her boyfriend when he pulled the steering wheel, causing loss of control.

    Downtown Los Angeles

    601 S. Figueroa
    Suite 3400
    Los Angeles, CA 90017
    Phone: 213.223.1113
    Fax      : 213.223.1114

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    Oakland, CA 94612
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    980 9th Street
    Suite 2200
    Sacramento, CA 95814
    Phone: 916.394.8490
    Fax      : 916.394.8495

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    Suite 2400
    San Diego, CA 92101
    Phone: 619.814.1966
    Fax      : 619.814.1967

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    Santa Ana

    1851 East First Street
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    Santa Ana, CA 92705
    Phone: 714.834.1340
    Fax      : 714.834.1344

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