Randolph M. Even, Esq.

Profile

Randolph Even, Esq. brings over 40 years of legal experience to his dispute resolution practice. Following a remarkable career as a litigator handling a wide variety of tort and general liability matters, with a specialty in medical malpractice, elder abuse and complex medical issues, he turned his focus to alternative dispute resolution and since then has been helping parties resolve their disputes. He is now serving as a full-time neutral.

To achieve the highest rank of diplomate in the American Board of Trial Advocates (ABOTA), Mr. Even has tried to verdict more than 125 cases of all types, including medical malpractice, elder or dependent adult abuse, assault and battery, motor vehicle accidents, premises liability, product liability, business litigation, and other general liability matters. Only 4% of ABOTA members have achieved the rank of diplomate which requires a minimum of 100 jury trials to verdict.

For more than 30 years, Mr. Even has acted as a mediator, arbitrator, or settlement officer in over 1,000 cases and has achieved an impressive rate of resolution through his persistence and practice of following up on a case long after the mediation session is over. Highly respected by his peers on both sides of the bar, he is often described as being exceptionally well-prepared and the consummate professional.

Mr. Even has been inducted as a Fellow of the American College of Trial Lawyers and has been named a “Super Lawyer” several times by Los Angeles magazine.

Awards & Recognition

  • Lee B. Wenzel Civility Award – for Civility and Professionalism in the Courtroom and in the Practice of Law, presented by ABOTA, Los Angeles Chapter
  • Successfully tried the landmark elder abuse case of Inclan v. Covenant Care (Covenant Care v. Superior Court), which was selected by the Daily Journal as one of the top ten defense verdicts in California for the year, 2006
  • 2016 Vice President and 2017 President of ABOTA – Los Angeles Chapter
  • Southern California Super Lawyer, designated by Los Angeles Magazine (2012-2017)

Professional Excellence

  • Even Mediation Services, Mediator & Arbitrator, 2002-2015
  • Randolph M. Even & Associates, Founding Partner, 2002-2015
  • Hill, Genson, Even, Crandall & Wade, Founding Partner, 1976-2002
  • Spray Gould & Bowers, Partner, 1969-1976

Education

  • Dispute Resolution Training, Pepperdine University, Straus Institute for Dispute Resolution
  • Post-Graduate Courses, University of California, Los Angeles, School of Medicine
  • Juris Doctor, California Western School of Law
  • Bachelor of Science, University of California, Los Angeles

Professional Associations

  • American College of Trial Lawyers, Fellow (by invitation only)
  • American Board of Trial Advocates, Diplomate Rank, Executive Committee, Los Angeles Chapter Jack Daniels’ ABOTA Trial School, Faculty for more than 20 years

Published Cases Include:

  • Scott v. Rayhrer, M.D. (2010) 185 Cal. App 1535
  • Covenant Care v. Superior Court of Los Angeles County (Inclan). (2004) 32 Cal. 4th 771
  • Gutierrez v. Mofid, M.D. (1985) 39 Cal. 3rd 892

Public Speaking & Professional Education Service

As part of Mr. Even’s additional education service, he has been on the faculty of programs to train new or less experienced attorneys to try cases. This includes being on the faculty of the Jack Daniels ABOTA Trial School for more than 20 years. He has served as a demonstrator and lecturer for “Masters in Trial” and “Masters in Cross-Examination”, which are programs sponsored by ABOTA. He has also served for many years as a judge for Trial Mock Court Competition for the American Association for Justice (AAJ) and at the UCLA Undergraduate Mock Trial Competition.

Mr. Even has lectured frequently at local hospitals, law schools, and bar association on numerous topics including medical malpractice, and civility in the profession and ethics.

Personal Experience

  • Avid Runner, 1957-1998
  • University of California at Berkeley, Bowling Team, 1962-1963
  • University of California at Los Angeles, Crew Team, 1964-1965
  • Mountain Bike Rider – Recreational and Competitive, 1987-2014
  • National Off-road Bicycle Association (NORBA) – 2nd Place at the NORBA, 1989
  • National Finals Mens’ Hill Climb – Snow Summit (Big Bear Lake)

Representative Cases

Elder Abuse

  • The elderly plaintiffs, husband and wife, were both residents of defendant’s Residential Care Facility for the Elderly (RCFE). They claimed that the husband was a known wanderer and that while walking unattended to the bathroom, he fell and hit his head on a night stand. He lost control of his bowels and allegedly lay there in his excrement for hours. When he was put back in bed, he was not cleaned, as confirmed by photos showing him in bed. The wife claimed she was not properly observed when she later fell and injured herself. Plaintiffs claimed violations of Federal and State regulations, insufficient and poorly trained staff, a manager/owner who was not licensed, physical neglect and abuse and other evidence of elder abuse. Plaintiffs claimed punitive damages.
  • Decedent was an elderly man who suffered from worsening Parkinson’s disease and dementia. Over time he came under the care of defendant hospice service who followed him in his first skilled nursing facility and then his second skilled nursing facility where he died several days later. Post-mortem photos showed that he had undergone extensive weight loss. He also had huge bed sores on his lower back, legs, hands, and feet. Plaintiffs were decedent’s children who claimed numerous violations of Federal and State laws and regulations, including understaffing, improperly trained staff, negligent care amounting to elder abuse, failure to notify family and physicians of significant changes, improper nutrition, failure to properly turn the patient, and other evidence of abuse and neglect resulting in pain and suffering for the resident and ultimate death.

Medical Malpractice

  • Decedent, 57-year-old woman, was a patient in defendant hospital. Two days following surgery, the patient got up at night with nurse’s help to go to the bathroom. While alone in the bathroom, she fell hitting her left chest/abdomen on the toilet. She was taken back to bed, but several hours later, her spleen, which had ruptured, bled out causing her death. Plaintiffs were the husband and ten children who sued for wrongful death. They claimed that nursing conduct, including patient observation, documentation, and physician notification fell below the standard of care.
  • Decedent, a 37-year-old woman, was seen in defendant OB-GYN’s office by defendant nurse practitioner for a lump in her breast. Defendant sent patient for a study which lead to the impression that the lesion was non- malignant. The patient was told to return to defendant in a few months and when she did, the lesion appeared much worse and the diagnosis was made of an aggressive cancer which eventually resulted in the patient’s death. Plaintiffs were the husband and children of the patient who alleged that defendants negligently failed to properly diagnose and treat the cancer. Because the cancer was aggressive, causation was a significant issue. The family claimed the loss of decedent’s earning capacity in a new business.
  • Plaintiffs were the widow and children of decedent who was a middle- aged man. Defendant surgeon performed placement of a subclavian line which studies later showed had inadvertently punctured the pulmonary artery. After the procedure, the patient bled out in recovery, but a second surgery appeared to correct the problem. While in ICU after the second surgery, the patient bled out again and died. Plaintiffs claimed lack of informed consent, negligent performance of the initial procedure, failure to properly observe the patient post-op, and negligent subsequent surgery. Plaintiffs claimed non-economic damages, as well as loss of future income.
  • Plaintiffs, a 4-year-old girl and her mother, allege that defendant neonatologists negligently failed to recognize that skin lesions on the newborn girl seen at the time of birth could have been herpetic lesions. The mother’s history included evidence of past herpes. The doctors allegedly should have performed a C-section for delivery and should have treated the newborn for presumptive herpes infection. As a result of this negligence, the plaintiff suffered severe herpes encephalopathy, permanent brain damage, and permanent quadriplegia. Lifetime medical care was alleged to exceed $16 million present value. Plaintiff also claimed lifetime loss of earning capacity.

Personal Injury

  • Plaintiff bought painting materials from Defendant’s retail store, including paint, solvents, etc. and received advice from the store clerk concerning the work she was to reform in her house. She claimed that while following the advice, the flammable solution caught fire resulting in third degree burns over a significant portion of her body. Injuries included burns, scarring, lifetime care, limitations in movement, and disfigurement caused by allegedly negligent advice. The plaintiff also claimed reduction in past and future earnings.
  • Plaintiff motorcyclist was following defendant’s vehicle while riding with several motorcyclists. While passing defendant on the right, defendant swerved to the right hitting plaintiff and knocking him into garbage cans. Coincidentally, one of the following motorcyclists captured the entire accident on his GoPro. Plaintiff sustained fractures and various soft-tissue injuries as a result of defendant’s claimed negligence.
  • While at defendant gym, plaintiff was working with weights on a bench which collapsed resulting in a fractured hip and various soft-tissue injuries. Plaintiff claimed that negligent maintenance of the equipment caused the bench to fail.
  • Plaintiff claimed that defendant public entity failed to properly maintain a public sidewalk. As a result, the sidewalk buckled causing the plaintiff to trip and fall and to sustain fractures to the shoulder and wrist along with soft-tissue injuries.
  • Plaintiffs were driving on a public highway when defendant driver crossed over the centerline and hit plaintiffs head-on. The area had been the scene of other similar accidents or near accidents. Plaintiffs alleged negligence of the teenage defendant and negligent supervision by his father.
  • Teenage Plaintiff claimed that Defendant’s car rear-ended the car in which she was a passenger causing her car to burst into flame. Plaintiff suffered various injuries including blindness in one eye. Special damages included medical bills, life care needs including psychological care, and extensive reduction of future income.

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