Ian Fusselman, Esq.

• Airplane Crash – Wrongful Death. Handled wrongful death claims arising out of the death of folk singer John Denver. Product liability claims associated with fuel valve.
• Airplane Crash – Catastrophic Injury. Handled product liability claim relating to in-flight fire resulting in forced landing in Mexican jungle.
• Airplane Crash – Catastrophic Injury. Handled product liability claim relating to in-flight engine failure resulting in forced landing in Arizona desert.
• Airplane Crash – Catastrophic Injury. Handled catastrophic burn injury secondary to crash landing in mountains. Claims included negligent entrustment against flying club.
• Helicopter Wire Strike – Brain Injury. Handled catastrophic brain injury and orthopedic injury case arising out of a helicopter wire strike incident on Catalina Island. Claims included negligent entrustment of subject helicopter.

• Helicopter Wire Strike – Electrocution. Handled serious electrocution matter arising out of a helicopter wire strike in Irwindale, California. Claim by student pilot arose during training flight with licensed instructor.
• Helicopter Crash – Wrongful Death. Handled negligent maintenance claim relating to tail boom failure of a US Marine Corps UH-1 “Huey” helicopter causing the death of two Marines. Issues included civilian contractor who asserted government contractor defense.
• Aircraft Explosion – Wrongful Death. Handled multiple wrongful death claims arising from the explosion of a KC-135 tanker. Claims included product liability and maintenance claims relating to fuel transfer pump.
• Friendly Fire Shoot Down – Wrongful Death. Handled multiple wrongful death claims arising from the friendly fire shoot down of a Blackhawk helicopter. Defense asserted military secrets doctrine.

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• Wrongful Auction. Mediated dispute over alleged wrongful auction of contents of storage facility. Issues included propriety of notice to renter.
• Auto Warranty. Mediated dispute over automobile warranty. Issues included whether the sale was “as is.”
• Floor Remediation. Mediated dispute over flood remediation service contract. Issues included liability for work performed by third parties after termination of contract.
• Home Owner Association Fees and Assessments. Mediated several disputes over past-due homeowner fees and assessments.
• Promissory Note. Mediated dispute over breach of promissory note.

• Auto Repairs. Mediated dispute relating to automotive repairs. Issues included whether representations as to ability to repair bound mechanic.
• Commercial Images. Mediated dispute over unlicensed use of commercial images. Issues included calculations of lost licensing fees and sales.
• Medical Billing. Mediated dispute over medical billing. Issues included allegations of false billing and double billing.
• Personal Line of Credit. Mediated disputes over defaults on personal lines of credit.
• Legal Services. Mediated dispute over failure to perform legal services. Issues included whether “best efforts” were employed to satisfy fixed fee contract.
• Commercial Goods. Mediated dispute over failure to deliver commercial goods.
• Failure to Disclose. Mediated dispute over alleged failure to disclose material defects in real estate transaction. Issues included whether “flipper” concealed or failed to disclose material defects.
• Sales Contract. Mediated dispute over failure to deliver vintage motorcycle. Issues included whether original registration and owner manual were material elements of sale.
• Medical Billing. Mediated dispute over fees for private mental health treatment center. Issue included whether billing was proper when patient was transferred hospital for psychiatric hold.
• Rental Properties. Mediated several disputes relating to damage to rental properties.
• Commercial Warranty. Mediated dispute over product warranty. Issues included whether manufacturer was liable for time vehicle was out of service to determine if damage to part was covered by warranty.
• Rental Car Contract. Mediated dispute over breach of rental car contract. Issues included whether contract was actually intended to be binding between parties that were dating.
• Auto Sale. Mediated dispute over sale of automobile. Issues included material misrepresentations as to whether vehicle had been involved in prior collision.
• Partnership Dispute. Handled matter arising out of partnership with real estate holdings in excess of $15 million. Claims included unauthorized practice of law by out-of-state attorney, conflicts of interest, and unauthorized distributions of more than $3 million.

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• Government Liability – Brain Injury. Handled catastrophic brain injury and orthopedic injury case involving T-Bone collision. Issues included government liability for lack of corner sight-distance.
• Truck Collision – Wrongful Death. Handled wrongful death claim arising out of truck crash. Issues included duty to warn oncoming vehicles of disabled vehicle on freeway.
• Construction Accident – Catastrophic Injury. Handled catastrophic injury claim arising from forklift tilting industrial trash compactor off of flatbed onto a nearby worker. Issues included general contractor liability for safety of site.
• Helicopter Wire Strike – Brain Injury. Handled catastrophic brain injury and orthopedic injury case arising out of a helicopter wire strike incident on Catalina Island. Claims included negligent entrustment of subject helicopter.
• Product Liability – Wrongful Death. Handled wrongful death claim arising out of alleged defects in controller for industrial scissor lift. Issues included third party maintenance of the lift.

• Product Liability – Wrongful death. Handled wrongful death claim arising from alleged tire defect resulting in roll-over accident and partial ejection of driver.
• Airplane Crash – Wrongful Death. Handled wrongful death claims arising out of the death of folk singer John Denver. Product liability claims associated with fuel valve.
• Construction Accident – Catastrophic Injury. Handled catastrophic injury matter arising from construction crane accident resulting in 15’ fall to concrete. Issues involved offsets for workers compensation and Privette doctrine.
• Motorcycle Accident – Wrongful Death. Handled wrongful death claim involving maintenance claims relating to asphalt approach to railroad crossing and maintenance of skewed crossing.
• Construction Accident – Catastrophic Injury. Handled catastrophic injury matter arising from scaffolding collapse resulting in head injury and several orthopedic injuries.
• Helicopter Crash – Wrongful Death. Handled negligent maintenance claim relating to tail boom failure of a US Marine Corps UH-1 “Huey” helicopter causing the death of two Marines. Issues included civilian contractor who asserted government contractor defense.
• Product Liability – Wrongful Death and Catastrophic Injury. Handled wrongful death and catastrophic injury matter relating to “lap belt only” claims against auto manufacturer.
• Product Liability – Wrongful Death. Handled wrongful death claim against auto manufacturer relating to manufacturing defects associated with unibody construction.
• Product Liability – Brain Injury. Handled brain injury matter against auto manufacturer relating to seat back collapse during a rear-end collision.
• Motorcycle Race Track – Serious Internal Injuries. Handled lacerated liver injury claim involving allegations against racetrack for creating unreasonably dangerous conditions. Issues included primary assumption of risk.
• Airplane Crash – Catastrophic Burn Injury. Handled catastrophic burn injury secondary to crash landing in mountains. Claims included negligent entrustment against flying club.
• ATV Accident – Serious Back Injury. Handled serious injury claim arising out of out of control ATV at a desert off road site.
• Product Liability – Serious Chemical Burn. Handled serious burn case arising from use of drain cleaner. Claimant suffered significant 3rd degree chemical burns.
• Aircraft Explosion – Wrongful Death. Handled multiple wrongful death claims arising from the explosion of a KC-135 tanker. Claims included product liability and maintenance claims relating to fuel transfer pump.
• Product Liability – Catastrophic Burn. Handled catastrophic burn injury case relating to motorcycle fuel tank explosion. Claimant suffered 3rd degree burns over 80% of his body.
• Motorcycle Collision – Serious Leg Fracture. Handled motorcycle v. auto collision involving complete femur fracture. Issues included excess exposure for defendant with significant assets.
• Friendly Fire Shoot Down – Wrongful Death. Handled multiple wrongful death claims arising from the friendly fire shoot down of a Blackhawk helicopter. Defense asserted military secrets doctrine.
• Premises Liability – Nerve Damage. Handled trip and fall claim resulting in permanent nerve damage and loss of use of arm.
• Premises Liability – Brain Injuries Due to Carbon Monoxide Exposure. Handled premises liability claim involving family poisoned by carbon monoxide when hotel returned a pool heater into service despite gas company “tagging out” the heater.
• Auto Collision – Wrongful Death. Handled wrongful death claim arising out of wrong-way driver on freeway.
• Premises Liability – Wrongful Death. Handled wrongful death claim arising out of trip and fall. Decedent had underlying medical issues and died during surgery to repair injuries from fall.
• Dangerous Condition – Brain Injury. Handled claim against government entity relating to alleged dangerous condition in construction zone. Issues included failure to supervise minor.

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• Construction Materials. Mediated dispute over delivery of construction materials. Issues included owner’s liability for securing materials.
• Painting. Mediated dispute over painting contract. Issues included allegations of inadequate labor and materials.
• Kitchen Remodel. Mediated dispute relating to kitchen remodel. Issues included alleged defects in materials and craftsmanship.
• Property Damage. Mediated dispute over damage to property caused to commercial painting contractor.
• Home Renovation. Mediated dispute over home renovation project. Issues included substantial cost overruns and defective workmanship.

• Property Damage. Mediated disputes over paint damage to automobiles from commercial painting jobs.
• Flood Remediation. Mediated dispute over flood remediation service contract. Issues included liability for work performed by third parties after termination of contract.
• Remodeling Contract. Mediated dispute over home remodeling project. Issues included defective workmanship and failure to haul concrete spoils from site.
• Window and Door Leaks. Handled single family home matter involving widespread leaking of custom wood windows and doors. Issues included liability and coverage for general contractor for uninsured subcontractor and construction manager.
• Private Road and Wall Defects. Handled claims by HOA for premature failures of private roads and perimeter walls in large housing development.
• Lack of Certificate of Occupancy. Handled matter arising from developer’s sale of home without certificate of occupancy due to lack of approval by fire department. Issues included significant expenses required to provide required fire access.
• Pool Failure. Handled matter relating to failure of high-end custom pool. Issues included significant coverage dispute due to soil movement exclusions.
• Serious Structural Defects. Handled matter in multi-unit condominium development arising from damage to floor trusses caused during construction due to stacking of block wall materials and drywall on unsupported trusses.
• Deck Failures. Handled claims involving 300 unit apartment complex with catastrophic deck failures due to failure to provide drainage. Issues included multiple subcontractors involved in deck construction and water proofing that created “bath tubs” in all decks.
• Landslide/Slope Failure. Handled claims by several homeowners impacted by landslide caused by failure to identify and mitigate poor soil conditions and leaking uphill pool.
• Landslide/Slope Failure. Handled claim by homeowner for landslide resulting in significant slope movement on hillside home.

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• Financial Elder Abuse. Mediated dispute over alleged financial elder abuse. Issues included transfer of real property to life-partner to the exclusion of heirs.

• Flooding – Storm Water Channel. Handled flooding claims by homeowners against City for failure to maintain drainage culvert causing blockage and overtopping of storm water channel.
• Flooding – Storm Line Fracture. Handled flooding claims by homeowners against City for fracture and collapse of storm drain line.
• Road Design Claim – Brain Injury. Handled catastrophic brain injury and orthopedic injury case involving T-Bone collision. Issues included government liability for lack of corner sight-distance.
• Dangerous Road Condition – Brain Injury And Catastrophic Injuries. Handled claim against government entity relating to alleged dangerous condition in construction zone. Issues involved lack of lighting and clear pedestrian crossing markings.
• Premises Liability – Slip and Fall. Handled slip and fall claim resulting in compound leg fracture at city-owned stadium. Issue focused on whether slip was caused by recent spill.

• Dangerous Road Condition – Brain Injury. Handled claim against government entity relating to alleged dangerous condition in construction zone. Issues involved traffic control plans should have been in place when work was not underway.
• Dangerous Road Condition – Wrongful Death. Handled claim against government entity involving fatal motorcycle accident. Issues involved obligation to maintain roadway in area of railroad crossing.
• Flooding – Sand Replenishment Project. Handled claims by several home owner associations and individual property owners relating to flooding caused by large scale sand replenishment project.

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• Past Due Fees and Assessments. Mediated several disputes over past-due homeowner fees and assessments.
• Common Area Property Damage. Mediated case involving flooding due to failure to maintain common area drainage. Issue included valuation of damaged property and cost of repair.
• Wrongful Foreclosure. Handled matter involving alleged wrongful foreclosure of HOA lien for past-due dues and assessments.
• Disputes Over Reserves. Handled claims against developer and developer-controlled HOA for failure to properly fund reserves.

• Burglary Claim. Mediated dispute over payment of burglary claim.
• Denial of Theft Claim. Handled alleged wrongful denial of coverage for theft of motorcycle. Issues included material misrepresentation and lack of insurable interest.
• Denial of Theft Claim. Handled alleged wrongful denial of coverage for theft of recreational vehicle. Insured had removed all personal property from vehicle prior to alleged theft and burning of the RV.
• Repair Claim. Handled bad faith claim arising out of dispute over declaring vehicle a total loss versus decision to repair.
• Denial Coverage Claim. Handled declaratory relief and bad faith claim arising out of incident occurring while driver was within course and scope of employment.

• Agent Negligence and Denial of Fire Claim. Handled bad faith claim arising out of fire resulting in total loss of home. Issues included negligence claims against agent, multiple material misrepresentations, and policy violations.
• Agent Negligence – House Fire. Handled agent negligence and misrepresentation matter involving home fire resulting in total loss. Issues included significant personal property loss in excess of insured limits.
• Disputed Coverage Limits – House Fire. Handled declaratory relief and bad faith claim relating to additional loss resulting from remodel. Issues included negligence claim against escrow company for failing to revise square footage of insured risk.
• Agent Negligence – House Fire. Handled matter involving claims against agent and escrow company for failure to increase coverage limits after substantial housing remodel.
• Denial of Medical Coverage. Handled bad faith claim arising out of denial of coverage for heart surgery. Issue involved preexisting conditions.
• Denial of Defense. Handled declaratory relief and bad faith claim relating to defense of contractor sued for alleged construction defects. Issues included completed operations coverage.
• Denial of Defense. Handled declaratory relief and bad faith claim relating to defense of developer sued for pool failure.
• Denial of Medical Coverage. Handled declaratory relief and bad faith claim relating to denial of coverage for back surgery. Issues included variation from approved procedure to actual procedure.
• Disputed Coverage Limits. Handled bad faith claim arising out of total loss of home due to fire. Issues included delta between cost of repair of prior home and cost of repair due to improvements required by home owner’s association.
• Denial of Long Term Care Coverage. Handled bad faith claim arising out of failure to pay full value of long term care policy. Issues included interpretation of residential care definition in policy.
• Denial of Earthquake Claim. Handled bad faith claim arising out of earthquake claim by homeowner. Involved significant dispute between structural engineers relating to cause of racking in home’s framing.
• Disputed Cost of Repair and Business Loss. Handled bad faith claim relating to fire at business. Issues included dispute over need to declare a total loss and whether business was a named insured.

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• Pest Infestation. Mediated dispute over alleged constructive eviction due to pest infestation. Issues included whether either party could establish source of infestation.
• Failure to Return Rental Deposits. Mediated several disputes over failure to return rental deposits.
• Wrongful Eviction. Mediated dispute over alleged wrongful eviction and lock-out. Issues included whether tenant was entitled to withhold rent for claimed inhabitability issues.
• Past Due Rent. Mediated several disputes over past-due rent.
• Constructive Eviction. Mediated dispute over alleged constructive eviction claim due to mold. Issues included whether tenant failed to report continued moisture over term of tenancy.

• Meningitis – Brain Injury. Handled malpractice action involving allegations of failure to diagnose middle ear infection leading to meningitis, coma and brain injury.
• Sepsis – Quadrilateral Limb Amputation. Handled malpractice action involving failure to diagnose urinary tract infection leading to sepsis, multiple system failure and amputation of hands and feet.
• Urinary Implant Injury. Handled malpractice action arising from alleged negligent placement of urinary catheter that damaged a urinary incontinence device resulting in need for surgical replacement of device.
• Burn Injury During Surgery. Handled malpractice action relating to burn injury sustained during sinus surgery.
• Failure to Diagnose Fracture. Handled malpractice claim arising from failure to diagnose a fracture. Issues included standard of care for specialist after limited referral from primary physician.

• Nerve Injury. Handled malpractice claim arising from permanent nerve injury due to alleged negligent venipuncture.
• Wrongful Birth. Handled malpractice claim arising from failure to diagnose serious birth defects during sonogram.
• Birth Injury. Handled malpractice claim arising from alleged failure to recognize fetal distress during delivery resulting in brain injury.
• Surgical Injury. Handled malpractice matter involving laceration of common bile duct during surgery resulting in post-surgical infection and repeat surgeries.
• Failure to Warn. Handled malpractice matter involving failure to warn patient of product recall resulting in significant damage to jaw from failed implant.
• Surgical Injury. Handled malpractice matter involving removal of wrong testicle in patient with unilateral testicular cancer. Issues included long term hormone therapy and counseling required after diseased testicle was also removed.

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• Horseback Riding Injury. Mediated dispute relating to serious injuries arising from a horseback riding injury. Issues included allegations of negligent entrustment of horse with known propensities for throwing riders.
• Bulk Food Injury. Mediated dispute over dental injury caused by bulk food item. Issues included whether statutory defense regarding bulk food items applied.
• Auto v. Pedestrian – Traumatic Brain Injury. Mediated dispute over auto versus pedestrian claim involving allegations of traumatic brain injury.
• Premises Liability – Trip and Fall. Handled trip and fall claim involving serious nerve injury to shoulder/arm. Issues included dispute over likely long-term recovery and viability of future surgery.
• Auto Collisions. Mediated several disputes involving injuries from auto collisions.

• Premises Liability – Slip and Fall. Handled slip and fall claim resulting in compound leg fracture. Issue focused on whether slip was caused by recent spill.
• Auto v. Cyclist. Mediated dispute over injuries from auto versus bicycle collision. Multi-party case due to allegations of dangerous condition due to ongoing construction.
• Premises Liability – Fitness Club. Mediated dispute over personal injury at fitness club. Issues involved contractual waiver.
• Premises Liability – Slip and Fall. Handled slip and fall claim arising from fall on commercial fishing boat. Issues included whether crew had notice of alleged dangerous condition.
• Premises Liability – Slip and Fall. Mediated slip and fall case resulting in serious injuries. Issues included gap in treatment and attorney-referred care.
• Dog Bite. Handled dog bite case involving serious lacerations and punctures. Issues included comparative fault for claimant allowing her dog off leash.
• Premises Liability – Newspaper Dispenser. Handled serious arm fracture claim resulting from newspaper dispenser that was not secured to the ground. Claimant required ORIF surgery and long hospitalization due to compartment syndrome.

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• Bulk Food – Dental Injury. Mediated dispute over dental injury caused by bulk food item.
• Fuel Valve Defect – Wrongful Death. Handled wrongful death claims arising out of the death of folk singer John Denver relating to alleged defects associated with fuel valve.
• Scissor Lift Controller – Wrongful Death. Handled wrongful death claim arising out of alleged defects in controller for industrial scissor lift. Issues included third party maintenance of the lift.
• Tire Defect – Wrongful Death. Handled wrongful death claim arising from alleged tire defect resulting in roll-over accident and partial ejection of driver.
• Auto Defect - Wrongful Death And Catastrophic Injury. Handled wrongful death and catastrophic injury matter relating to “lap belt only” claims against auto manufacturer.

• Auto Defect – Wrongful Death. Handled wrongful death claim against auto manufacturer relating to manufacturing defects associated with unibody construction.
• Auto Defect – Brain Injury. Handled brain injury matter against auto manufacturer relating to seat back collapse during a rear-end collision.
• Tire Defect – Wrongful Death. Handled multiple wrongful death claim arising from alleged tire defect causing roll-over accident of 12 passenger van and multiple ejections.
• Household Chemicals – Serious Chemical Burn. Handled serious burn case arising from use of drain cleaner. Claimant suffered significant 3rd degree chemical burns.
• Auto Defect – Severed Finger. Handled product liability claim against seat manufacturer involving severed finger. Issues included pinch point in area of seat handle.
• Aviation Component – Wrongful Death. Handled multiple wrongful death claims arising from the explosion of a KC-135 tanker. Claims included product liability and maintenance claims relating to fuel transfer pump.
• Motorcycle Component – Catastrophic Burn. Handled catastrophic burn injury case relating to motorcycle fuel tank explosion. Claimant suffered 3rd degree burns over 80% of his body.
• Military Equipment – Wrongful Death. Handled multiple wrongful death claims arising from the friendly fire shoot down of a Blackhawk helicopter. Claims centered on “Identify Friend or Foe” (IFF) transponder system. Defense asserted military secrets doctrine.

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• Underinsured Claim - Wrongful Death/Catastrophic Injury. Handled underinsured matter involving multiple claims arising from freeway collision. Issues included offsets for workers compensation coverage and disputed paternity of surviving children.
• Underinsured Claim - Personal Injury. Handled underinsured personal injury claim arising from freeway collision with a wrong-way driver.
• Uninsured Claim – Personal Injury. Handled uninsured claim involving back injuries arising from read-end auto collision.
• Mediated several uninsured/underinsured claims.