John Kaniewski joined Kring & Chung in January of 2009.  Mr. Kaniewski came to the firm as a highly experienced litigator and since joining the firm, he has had a string of victories in trials and binding arbitration.
 

Nightser v. Eyeball Fabrication (O.C. Superior Court Case No. 30-2008 00102027)
 
In this case, the plaintiff suffered a very serious injury while she was riding as a passenger in an off-road vehicle known as a sandrail.  When the driver made a turn in the sand at a high rate of speed, the vehicle overturned and plaintiff's arm was crushed between the frame of the vehicle and the ground.  Kaniewski defended our client against plaintiff's claim that the sandrail was defectively designed and manufactured.  After plaintiff's opening statement at trial, Kaniewski made a motion for non-suit which was granted by the trial judge and judgment was entered for Kaniewski's clients.  Plaintiff appealed the ruling.  However, the appeal was later dismissed as well.
 
Allstate Insurance/Centex Homes v. Horizon Plumbing (O.C. Superior Court Case No. 30-2007-00100208) and
Horizon Plumbing v. Navigators Insurance (O.C. Superior Court Case No. 30-2009-00117471)
 
The Allstate case arose out of a subrogation claim filed by Allstate Insurance Company against Centex Homes Horizon Plumbing.  A water leak occurred in a home built by Centex.  Horizon Plumbing was the plumbing subcontractor for the original construction of the home.  It was determined that the leak resulted from a crack in the water line connection which resulted from removal and replacement of a toilet by the homeowner.  Centex settled the case with Allstate, but continued to prosecute its express indemnity cross-complaint against Horizon Plumbing based on the original subcontract.  Kaniewski teamed up with Anna Greenstin and they obtained a defense verdict on the express indemnity claim.
 
The Navigators Insurance case was a companion case.  In that action, Horizon Plumbing sued Navigators for declaratory relief and bad faith.  Horizon had a general liability insurance policy with Navigators and tendered its defense of the Allstate case to Navigators based upon the terms of that policy.  Navigators rejected the tender.  After successfully defending the Allstate case, Kaniewski filed summary judgment on the insurance claims to recoup the attorneys' fees and costs incurred by Horizon Plumbing in its defense of the underlying claims.  Just before the hearing on the summary judgment motion, Navigators finally agreed to pay virtually all of those fees and costs.
 
Magna & Magna, Inc. v. Kim (O.C. Superior Court Case No. 30-2008-00107886)
 
Just before the trial of this case was to commence, the parties decided to submit this matter, which actually involves 3 different actions, to binding arbitration.  Kaniewski's clients owned a laundromat in a strip mall and were sued by for conditions of the laundromat which purportedly were not in compliance with the terms of the Americans With Disabilities Act.  That action was settled for a nuisance value payment.  The strip mall was then purchased by Magna & Magna.  That company was later sued by yet another party as the result of alleged ADA issues in another business in the strip mall.  Kaniewski's clients and the sellers of the strip mall were sued in the third action for fraud allegedly arising from the non-disclosure of the past lawsuit ADA lawsuit.  The arbitrator returned a finding in favor of both Kaniewski's clients and the strip mall seller.  (At this time, Kaniewski is also pursuing recovery of his clients' attorneys' fees and costs in the arbitration proceeding.  That ruling is still pending.)