Civil Litigation

Ms.Burningham he has worked with some of the best firms and individual attorneys in San Diego, Orange County, the San Francisco Bay Area and Sacramento, California and Salt Lake City, Utah. She has litigated cases with settlements and verdicts in the mid to high, six to seven figures. Unlike the principals of some firms which advertise on television, Kay Burningham is an accomplished trial attorney.

Ms. Burningham has specialized in catastrophic injuries, including third-degree burns, paralysis, traumatic brain injuries, orthopedic (low back, neck, arm, hip, knee, leg, shoulder, wrist and hand injuries) and nerve injuries. She has handled hundreds of motor vehicle (many involving semi-tractor trailers, motorhomes, passenger vehicles and motorcycle) collision cases. She has the record for the largest trip and fall verdict in North San Diego County as of 1994. She appealed the case of a plaintiff who was poisoned by PG&E’s hexavalent chromium, as depicted in the “Erin Brockovich” movie, and received a 40% increase in his award. She represented the young husband of a 20 year-old woman who died after donating plasma.

She has represented dozens of clients who suffered from medical malpractice. The cases ranged from a professional roofer’s punctured eardrum during a routine cleaning, an unnecessary bilateral Achilles tendon surgery on a former model, failure to diagnose Cauda Equina syndrome resulting in permanent bowel and bladder dysfunction to a client who was severely injured during therapeutic radiation. She appealed his trial verdict to the Utah Supreme Court and received a unanimous decision remanding the case to the trial court and reinstating the client’s clam for punitive damages based upon allegations of gross negligence by the defendant physicians. See Daniels v. Gamma West 2009 UT 66, 221 P.3d 256

Kay Burningham has represented patients whose physicians failed to timely and correctly diagnose and treat their serious injuries, clients who were victims of unnecessary and/or experimental surgeries, and surgeries performed in such a manner that they harmed other organs, patients whose health care providers misrepresented the type of procedure performed, their experience and/or the identity of the surgeon who would be performing the surgery and/or the acceptability of the procedure in a particular medical specialty.

Kay Burningham’s win/loss ratio of cases taken to trial is over 94%.

She has helped plaintiffs recover additional insurance from insurance companies who misrepresented the amount of coverage available on automobile policies, has set aside deeds of sale for plaintiffs who were fraudulently induced to transfer title to their residence, has won arbitration awards and settlements for California employees who were fraudulently induced to join employers who did not provide the benefits or income promised, or who failed to follow their own employee handbook guidelines with respect to promotion and termination. She forced a real estate broker to honor a contract he intentionally breached with an agent by taking the case up to jury selection. On several occasions she obtained a settlement many times the insurance company’s last/best offer during trial, before the defense put on their evidence.

Before Ms. Burningham began representing plaintiffs, she represented the County of Orange, as well as municipalities, private businesses, insureds under polices with several insurance companies and health care providers and other professionals in malpractice claims. These cases ranged from product liability defense, (manufacturers of component parts of machinery and consumer products) defense of governmental entities (sued in diving, spectator sports, motor vehicle and construction claims), professionals accused of breaching the standard of care in their specially (health care providers and real estate brokers) and commercial landlords/property owners sued for defective or negligently maintained premises. She won a motion for summary judgment in a case brought against professional skater, Tony Hawk by a trespasser who used Hawk’s skate ramp and injured his knee.

If you or your loved one has suffered serious injury or death due to a motor vehicle collision caused by another’s negligence, a defective product, medical malpractice or substantial financial loss through fraud or breach of contract, insurance coverage denial and you need an attorney, contact Kay Burningham. She remains actively licensed in Utah and has substantial contacts in California and other states for excellent referrals. When referring out-of-state cases, she works solely with eminently qualified trial attorneys to ensure that you receive the best representation possible. Your attorney’s fees will be the same as if you had contacted the referred attorney directly, but you can be assured that you will receive a referral to one of the best attorneys who is experienced in your particular area of need.

Contact Ms. Burningham by clicking on the “Contact” tab and provide a brief description of the facts involved in your potential case. Please note that the act of contacting Ms. Burningham does not create an attorney-client relationship. It is only when and if an attorney-client retainer agreement is entered into that such a relationship would be established.

* Ms. Burningham is an active member of Utah State Bar.

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