Benedict Idemundia is an Associate in Selman Breitman’s Los Angeles office and is a member of the firm’s Construction, General Liability, Products Liability, Commercial Litigation, and Trucking & Transportation practice groups. He represents both small and large businesses in matters arising out of contractual disputes, product defects, construction defects, and personal injury, including defense of catastrophic injury cases arising out of interstate trucking and transportation accidents. His clients include developers, general contractors, subcontractors, various product manufacturers, as well as insurance carriers of trucking and transportation companies and insured business owners. He also has experience in defending matters involving commercial property owners with regard to premises liability, general tort, and employment claims.
With considerable experience in matters involving General Liability, Ben is able to thoroughly investigate and evaluate complex matters seeing the strengths and weaknesses within a defense, thus allowing for an efficient and effective litigation strategy at the outset. He works closely with clients in strategizing and collaborating on litigation plans while constantly keeping them abreast of all developments to ensure that their concerns and goals remain the top priority.
Ben is originally from Los Angeles and resides in Santa Monica. As a former walk-on fullback on the UCLA football team, Ben is a passionate supporter of anything UCLA, but particularly UCLA football. When not following the Bruins, he spends his time enjoying the outdoors, the diverse foods Los Angeles has to offer, and the occasional game night.
Litigation - Trucking and Transportation
- Defended interstate trucking company and its driver in pre-litigation claim stemming from a multi-vehicle collision involving a motorcyclist who suffered extensive injuries. Ultimately paid nothing in personal injury or property damage claims and recovered substantial portion of client's costs of repair in settlement.
- Successfully defended interstate trucking company in multi-party action brought by independent-contractor driver who, while on a manufacturer's site, was injured after industrial materials fell from a trailer during the loading process. Plaintiff suffered severe head and spinal trauma. A demurrer was filed on behalf of defendant trucking company attacking plaintiff's theory of liability which was sustained by the Court.
- Successfully defended interstate trucking company and its driver that were wrongfully identified in personal injury action. Plaintiff claimed she was injured when defendant driver allegedly rear ended her vehicle while stopped on the road. Obtained client's early dismissal by establishing plaintiff lacked sufficient evidence to pursue action.
Litigation - General
- Defended residential property owner in breach of contract and fraud action. Plaintiff claimed to be the rightful owner of a residence leased by defendant owner and claimed to have been fraudulently induced into leasing the agreement. The Court, upon review of the demurrer filed on behalf of defendant, dismissed all causes of action without leave to amend.
- Successfully defended driver in wrongful death action resulting from defendant driver making a left turn into oncoming traffic. The victim was a motorcyclist who passed away on the scene. Plaintiff's family members brought multiple causes of action seeking improper damages which were ultimately stricken by way of a Motion to Strike. The reduced potential for recovery allowed for settlement within defendant driver's policy limits precluding the potential for personal exposure.
- Defended large retailer in premises liability action where an elderly plaintiff fell on defendant's property alleging the floor was poorly maintained and therefore constituted a dangerous condition. Plaintiff suffered a broken hip, fractured wrist, and other minor injuries ultimately having her hip replaced. An investigation into plaintiff's medical history uncovered a history of prior falls which were used to bolster a contributory negligence argument allowing for a significant reduction in plaintiff's demand and resolution at mediation.
- Defended restaurant/bar in litigation stemming from incident where plaintiff was allegedly assaulted by two unidentified assailants. Through substantial investigative work, the identities of the assailants were discovered allowing for a shift of liability and eventual settlement.
- Successfully defended driver in auto-collision action wherein defendant driver rear-ended plaintiff allegedly causing extensive spinal damage and necessary fusion. Damages were initially assessed to be in excess of defendant driver's policy limits; however, investigation into plaintiff's social media accounts revealed that plaintiff exaggerated the severity of her harm ultimately leading to settlement within the insured's policy limits.
- Defended restaurant/bar in premises liability action where plaintiff was involved in a brawl and was struck in the face by an unknown assailant with a large glass object breaking multiple bones and causing several lacerations. Aggressively pursued contributory negligence and liability shifting arguments to obtain low-ball settlement.
Super Lawyers Rising Star 2017-2018