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Charles “Sandy” Roseman, Esq.

Case Manager: Haward Cho

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MEDIATION EXPERIENCE

Charles “Sandy” Roseman, Esq. is an experienced mediator and arbitrator, having conducted hundreds of mediations, arbitrations, and similar dispute resolution hearings since 1985, involving both litigated and non-litigated cases. He has been a member of the San Diego Superior Court Civil Mediation Panel since 2009 and has served as a Special Settlement Conference Judge in numerous cases.

Over the past 49 years, Mr. Roseman has litigated thousands of cases and mediated hundreds of cases involving various areas of law such as personal injury, product liability, real estate, construction defect, banking, bitcoin, professional negligence, school liability, government liability, hospital liability, wrongful termination, civil rights, discrimination, gender bias, business litigation, subrogation collection litigation, ADA violations, Unruh Act violations, and elder abuse. Over 95% of these matters resulted in early settlement due to Mr. Roseman’s ability to bring disparate, sometimes hostile, sides together to create amicable resolutions.

As an experienced mediator, Mr. Roseman employs patience and productive communication to examine the limits of polarized positions and facilitate dialogue and agreement. He works hard to create an atmosphere of respect, integrity, and trust, providing a safe and secure forum for adversaries to brainstorm, air concerns, and discover creative paths to resolution leading toward a mutually agreeable conclusion without the risk and expense of the litigation process. He advises parties to focus on their interests, while minimizing the personality factors that contribute to the dispute.

In order to create an environment conducive to thoughtful and constructive discourse, Mr. Roseman relies heavily on his listening skills built upon translating, utilizing neutral language, acknowledging, paraphrasing, reflecting concisely and accurately, asking open-ended questions, and summarizing. He gives the participants an opportunity to state their perspectives and participate in a structured dialogue, so that they may better understand each other’s perspectives, discern the interests that lie beneath the issues over which the parties are divided, and ultimately get to the heart of the matter.

Mr. Roseman is committed to continually strengthening his mediation and arbitration skills. Since 1993, he has participated in hundreds of hours of dispute resolution training and continuing education, including programs conducted by the nationally recognized Straus Institute for Dispute Resolution at Pepperdine University School of Law (Advanced Mediation and Dispute Resolution Skills). He has also received training from the San Diego County Bar Association, San Diego Superior Court Civil Mediation Program, National Conflict Resolution Center, and others.

AREAS OF EXPERTISE

  • Personal Injury
  • Product Liability
  • Elder Abuse
  • Discrimination
  • Government Liability
  • Professional Malpractice
  • Employment
  • Civil Rights
  • ADA Cases
  • Nursing Facility Liability

ARBITRATION EXPERIENCE

Mr. Roseman has conducted approximately 50 non-binding arbitrations as a Superior Court-appointed arbitrator. He has also conducted approximately 50 binding arbitrations. As a member of the San Diego County Bar Association fee dispute arbitration panel, he has served as the sole or presiding fee dispute arbitrator in over 30 cases.

EDUCATION

University of San Diego, School of Law
Juris Doctorate, 1971

California State University, Northridge
B.A. in Political Science, 1968

AWARDS

  • Consumer Attorneys of San Diego (CASD), Advocate of the Year, 2015
  • Consumer Attorneys of California (CAOC), “Street Fighter of the Year” award finalist, 2014
  • Top Attorney in Southern California, Los Angeles Magazine, 2014-2021
  • San Diego Super Lawyer in the fields of Personal Injury and Civil Litigation, 2014-2021
  • Top Attorney in Southern California, Los Angeles Magazine, 2014-2021
  • Top Attorney in San Diego, San Diego Magazine, 2014-2021
  • Top Lawyers in California, The Legal Network
  • Who’s Who in American Law Schools; Who’s Who in the West; Who’s Who in American Law; Who’s Who in America; Who’s Who in the World
  • AV Rated, Martindale-Hubbell Peer and Judicial Review

MEMBERSHIPS AND ACTIVITIES

Mr. Roseman is a past or current member of the San Diego County Bar Association (SDCBA), American Bar Association (ABA), American Association for Justice (AAJ), Federal Bar Association (FBA), Consumer Attorneys of San Diego (CASD), Consumer Attorneys Association of Los Angeles (CAALA), Consumer Attorneys of California (CAOC), and Western Trial Lawyers Association.

In addition to his professional memberships, Mr. Roseman is an active member of the community. He has served as a member of the Board of Directors for the San Diego County Legal Aid Society, Big Brothers of San Diego County, Homeys Youth Foundation, and San Diego Hebrew Day School. He was an Associate National Commissioner for the Anti-Defamation League and has served as the President of B’nai B’rith (Breitbard Lodge) and Tifereth Israel Synagogue.

Representative Cases

AMERICANS WITH DISABILITIES ACT (ADA)

  • Plaintiff, a severely disabled student, was seriously injured when another adult student pulled a heavy metal gate off its runners striking plaintiff on the head. Plaintiff claimed she suffered head and related injuries in addition to an exacerbation of her underlying physical and emotional preexisting debilitating conditions. The school was opened and designed for the most profoundly disabled adult students. Plaintiff alleged that Defendant, school district, never conducted an audit to confirm compliance with the American with Disabilities Act (ADA) and had a significant number of ADA violations that posed safety risks to disabled students.
  • Plaintiff, a deaf adult, was taken by her hearing-enabled mother to a local major hospital with severe abdominal pains. Although plaintiff’s mother could “sign” as necessary for communication, she had no medical training and an ASL medical interpreter was requested upon arrival at the ER. The nursing staff promised that an ASL interpreter had been called and was on the way; however, none appeared. Over the succeeding five days, an ASL interpreter was requested each day; one was promised and none appeared. A meeting with the surgeon took place without an ASL interpreter. The mother tried to assist but lacked medical knowledge. Although the surgery was successful, the only time an ASL interpreter appeared was on the day of discharge in order to review the hospital bill with the client. After over five (5) years of litigation, the case resolved in Mediation.
  • Decedent, a disabled nursing home resident with a new motorized wheelchair, was taken out by his family to the park. With his family observing from behind, he rolled over an unmarked dangerous condition in violation of the American with Disabilities Act (ADA), dropped from an elevated platform to a concrete walkway, landed on his head, and died three days later. Plaintiffs alleged violations of Civil Rights, ADA, and Disabled Persons Act.

CIVIL RIGHTS

  • Plaintiffs went to a designated practice shooting area in the mountains in order to practice shooting their assorted rifles. After a night of camping and 2 days of practicing, they were confronted by local law enforcement and told to vacate the premises. After showing their permits and other documents as requested, the law enforcement officers left. The following day the officers returned with trained dogs and plaintiffs were again asked to cease using their rifles and leave the area. Plaintiffs were told that shooting in this location was prohibited. Plaintiffs refused to go claiming they had a right to be there. Plaintiff hid under their truck, while his sons were arrested and handcuffed. The dogs were released and severely bit plaintiff up and down his arms and leg resulting in hospitalization, surgery and multiple deep scars requiring substantial and costly cosmetic surgery. A lawsuit alleging excessive force (assault and battery), personal injuries, civil rights violations and related causes of action was filed in State Court, removed to Federal Court, and settled on the brink of trial in mediation.
  • Plaintiff, a single mother, was accused by a County Child Protective Service (CPS) worker of intentionally withholding food from her child and retarding his growth, in order to inflict emotional distress upon the child’s father during a custody battle. Without a warrant or prior notice, and under the pretext that the mother was suffering from a mental illness, CPS workers removed the infant from the mother’s care and placed the child with the father. Family Court approved of the transfer. Plaintiff denied all allegations and filed a civil rights complaint against the County and the CPS workers arguing that her 4th Amendment Rights had been violated and that she was the victim of disability discrimination.

MEDICAL MALPRACTICE

  • Plaintiff, while driving his motorcycle home on his first shore leave from the Navy, was struck and severely injured by a County truck that had run a stop sign. Plaintiff was taken by Ambulance to a hospital ER where he was examined and diagnosed with multiple head, neck, back and lower extremity injuries, the most significant of which was a compound displaced fracture of his leg.
    After an examination, routine x-rays, and an orthopedic consult, clients’ badly fractured leg was grossly swollen requiring immediate surgical intervention to reduce the pressure. He underwent a below the knee amputation. Plaintiff alleged that the hospital should have also conducted an examination of the injured legal pedal pulses, which would have disclosed a severed artery and saved his leg. Plaintiff sued the County, Hospital, and the orthopedic surgeon for damages.
  • Plaintiff, a medical office bookkeeper, suffered a dominant hand injury requiring surgical intervention. Surgery was successful with anticipated recovery accompanied by physical therapy as prescribed by the hand surgeon and consented to by the client. Believing the doctor was in error, the Defendant physical therapist intentionally disregarded the doctor’s orders, created her own physical therapy program without plaintiff’s consent, and didn’t alert the doctor of the change. Plaintiff’s condition got worse, and he was required to undergo a second surgery with permanent residuals affecting his ability to work and produce income in the present and future.

NURSING FACILITY LIABILITY

  • Plaintiff, a woman in her late 60s with numerous charted systemic medical conditions, was transferred from a hospital to a skilled nursing facility (SNF) for rehab while recovering from MVA incurred injuries. The transfer documents failed to accurately and completely identify the medical issues pertinent to her required care. Ultimately, the records were transferred but the SNF staff failed to timely identify the need to mobilize the plaintiff’s lower extremities, resulting in deep painful bed sores on the heels and buttocks, requiring a partial heel amputation.
    The SNF pointed liability towards the transferring hospital for failing to alert the SNF staff of plaintiff’s needs; the hospital argued that the SNF failed to effectively communicate with the hospital and failed to fully inquire of the hospital about plaintiff’s needs when they didn’t initially receive the documents from the hospital; and the doctor claimed no responsibility because no discharge orders had been presented for his signature and he had no knowledge that the patient was going to be transferred.
  • Plaintiff, a dependent adult with multiple systemic medical problems, including diabetes, was recovering from ankle fracture surgery at a skilled nursing facility. In response to Plaintiff’s complaint of cramps and being cold, the nursing staff placed a heated towel on client’s lower extremities. Client’s diabetes prevented her from feeling the intensity of the heat. Plaintiff was severely burned requiring multiple skin graphs. The nursing staff allegedly violated the internal policies of the skilled nursing facility and the standard of care, and failed to report the incident. The cased resolved at mediation.
  • Plaintiff’s parent was an Alzheimer’s/Dementia patient who had a history of “walking” away. Shortly after moving in, the decedent entered the elevator, descended to the parking level, and exited a broken, unsecured parking area walking about two miles onto the freeway, where he was hit by a motorist and killed. Plaintiff alleged that the Defendant nursing facility did not provide a safe and secure environment as promised both in literature and direct conferences with the family. The case settled at Mediation.

PERSONAL INJURY

  • 2 yr. old suffered 2nd and 3rd degree burns from boiling hot tea, in mother's presence, at restaurant. Case involved personal injuries to 2yr old and emotional distress damages to bystander mother.
  • Plaintiff, a grossly overweight disabled wheelchair user, while being transported in a paratransit vehicle, suffered extensive and profound personal injuries when the van driver made an illegal and unsafe left turn cutting off oncoming traffic resulting in a crash which rotated the transport vehicle 360 degrees and coming to rest against and destroying a light pole. Plaintiff alleged that the transport company failed to appropriately inspect, maintain, replace and care for the van’s required client and wheelchair physical restraints. Consequently, the seat belts became unspooled, plaintiff was rendered unrestrained and was launched out of the rear side window severing part of an ear and sustaining life changing injuries.
  • While walking through the Alitalia area of the Leonardo Da Vinci Airport in Rome, Plaintiff slipped and fell in clear liquid, sustaining several severe fractures to her leg. The airline and the airport were owned, operated and maintained by the Country of Italy. Working with the Italian Consulate in Los Angeles and implementing Federal Court “treaty Jurisdiction” through the Warsaw Convention, the lawsuit was filed, served, and litigation ensued resulting in a settlement.
  • Plaintiff, a disabled wheelchair user, while being transported in a paratransit van, was severely injured when the van driver made an illegal U-turn into oncoming traffic causing a major collision and impact. The driver was alleged to have improperly secured plaintiff in the Van, facing in the wrong direction.
  • Plaintiff, an elderly disabled wheelchair-bound woman, was seriously injured when the hospital-owned paratransit van that was transporting her to a care facility changed lanes and swerved to avoid oncoming traffic, launching plaintiff out of her wheelchair onto the floor of the van. Plaintiff’s resulting lower extremity fractures required surgery, but defendant hospital failed to regularly mobilize client’s lower extremities, causing deep and painful bed sores and the amputation of two toes. Plaintiff alleged that the paratransit van driver was not properly trained in the methods, procedures and safety methods of securing a wheelchair transport.

    PRODUCT LIABILITY

    • On the way home from a work-related holiday party, plaintiff, while trying to navigate a dark winding roadway, drove off the road and smashed head on into a tree trunk. Plaintiff’s passenger suffered minor injuries. Upon impact, Plaintiff smashed into the steering wheel, his head crashed into the front windshield, and his left leg exploded into the steering column and undercarriage of the dashboard resulting in injuries to his head, neck and back and multiple left leg fractures. Plaintiff’s passenger suffered minor injuries. Both were wearing seatbelts. Plaintiff alleged that his diagonal shoulder strap and seatbelt were not properly secured to the vehicle frame, allowing it to function so long as it was not required to restrain the driver in response to a front end impact. At impact the diagonal shoulder strap gave way, causing significant injuries to plaintiff, but not to his passenger, whose seatbelt had been assembled properly. The case resolved at Mediation.

    Testimonials

    “2 yr. old suffered 2nd and 3rd degree burns from boiling hot tea, in mother’s presence, at restaurant. Case involved personal injuries to 2yr old and emotional distress damages to bystander mother.”

     

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