Mr. Davis obtained his law degree in 1989 and worked for a San Francisco litigation boutique until 1992, when he was recruited by the San Francisco City Attorney's Office. From 1992 through 2001, he served as a Deputy City Attorney representing the municipality and its employees in jury trials and appeals in both State and Federal Court. He defended numerous injury and wrongful death claims brought against various city departments, including the Municipal Railway ( MUNI ). He knows the engineering and accident issues peculiar to MUNI injury claims. Most recently he obtained a favorable jury verdict against MUNI on behalf of a passenger injured disembarking from an LRV.
Matt has been responsible for a number of high-profile verdicts and settlements since joining Walkup in 2001. In 2002, he successfully co-tried a class action lawsuit on behalf of over 1,000 Reno Hilton Hotel guests who contracted a gastrointestinal virus. The suit alleged that the casino violated State sanitation laws and acted in conscious disregard of its guests' safety. The jury awarded compensatory and punitive damages in excess of $25,000,000.
Recent Verdicts and Settlements
Lee v. AC Transit
Bus v. Pedestrian Collision/Wrongful Death: Obtained $750,000 settlement on behalf of family of 87-year-old woman who was killed by an East Bay bus. (Alameda)
Confidential v. Confidential
Auto Collision/Dangerous Condition/Wrongful Death: $2.73 million total settlements. Negotiated a policy limits settlement ($1,130,000) with driver of vehicle that crossed a median and struck a car driven by 39-year-old man and killed him. Also obtained $850,000 settlement from driver's employer. Finally, obtained $750,000 settlement from CalTrans shortly before trial on theory that the median was insufficient. (Marin)
Wong v. City & County of San Francisco
Dangerous Condition/Common Carrier: $640,000 settlement on behalf of woman who was waiting at a Muni bus stop when tree limbs fell on top of her and fractured her spine. Matt discovered evidence showing that the city knew that the trees in the area were in poor condition and took no steps to prune them. (San Francisco)
Royal v. City of Pacific Grove
Dangerous Condition/Wrongful Death\Emotional Distress: $1,000,000 settlement on behalf of the family of 82-year-old woman who was killed in the city's "Butterfly Sanctuary" when a limb fell from a dead tree and struck her on the head. Her son and grandchildren witnessed the event. (Monterey County)
Confidential v. CalTrans
Dangerous Condition of Public Property: Obtained $800,000 settlement on the fourth day of a jury trial on behalf of the family of a man who died when his van struck a tree that had fallen across a roadway maintained by CalTrans. (San Mateo)
Talacay v. Federal Express
Motor Vehicle Negligence/Wrongful Death: $1,000,000 settlement on behalf of adult son and daughter of man who was run over and killed by a delivery truck. Matt's clients were citizens of the Philippines and he defended their depositions in that country. (San Francisco)
Magana v. Sunshine Construction
Construction Accident: $2.9 million in total settlements on behalf of man injured in a trench collapse. Case settled after Matt deposed a laborer employed who testified that his supervisor ignored his warning about the potential for an accident. (San Francisco)
Lee v. Helmsley
Premises Liability/Wrongful Death: Obtained a $2.7 million dollar settlement the week before trial on behalf of husband and two adult daughters of 54-year old woman who was killed when a dead tree fell on car. (San Francisco)
Concerned Taxpayers v. City and County of San Francisco
Taxpayer Action/Pro Bono: Negotiated $25,000,000 settlement with the City and County of San Francisco on behalf of taxpayers who alleged that city was misspending funds earmarked for rebuilding Laguna Honda Hospital. (San Francisco)
Lutwick v. City & County of San Francisco
Truck Negligence: Negotiated $67,000 settlement on behalf of bicyclist who sustained a shoulder injury when he was "doored" by a Muni Railway employee who opened the door of a pickup truck into the bicycle lane. (San Francisco)
Confidential v. Confidential Plumbing Company
Motor Vehicle/Negligence: $993,000 settlement (policy limits) obtained before filing a lawsuit on behalf of 48-year-old woman who sustained fractures and chemical burns when the van in which she was a passenger rolled over. (Bakersfield)
Confidential Bicyclist v. Confidential Motorist
Automobile vs. Bicycle Accident: Obtained $750,000 settlement on behalf of bicyclist who was hit by a car making an unsafe turn. Client sustained hip and leg fractures and a partially amputated thumb. (Truckee)
Lown v. Mildenberger
Premises Liability/Negligence: Together with Richard Schoenberger obtained a $1,070,000 jury verdict after a two-week trial on behalf of a man who sustained a back fracture when a flag pole failed as he was attempting to change a banner on it. (Stockton)
Confidential v. Confidential
Motor Vehicle/Negligence: $325,000 settlement obtained on behalf of passenger who sustained a closed-head injury when driver of sports car "peeled out" and crashed in a drainage ditch. Settlement included personal contribution of $75,000 by driver. (Napa)
Confidential v. Confidential
Motor Vehicle/Negligence: $382,000 settlement obtained on behalf of 40-year-old professional musician who sustained serious knee fracture in a motor vehicle accident. (San Francisco)
Confidential v. Confidential National Chain Store
Product Defect: $162,500 settlement obtained on behalf of 34-year-old police officer who sustained third-degree burns to index finger when halogen lamp exploded and caught fire. (Sonoma County)
Confidential v. Confidential
Personal Injury/Negligence: $125,000 settlement obtained on behalf of infant and her parents after child was injured while in the care of her babysitter. (San Mateo)
Confidential v. Confidential Vacation Resort
Premises Liability/Negligence: Obtained $125,000 settlement on behalf of infant who fell through screened second story window at vacation rental and his mother who witnessed fall. Injuries turned out to be minor, but experience was traumatic. Matt learned that another child fell out the same window the year before. (Sonoma County)
