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Brian Breiter

Friday, October 29th, 2021 // From 2:45pm to 5:00pm

Subject: Loss of Smell

2 hr Case Analysis


Mr. Breiter was nominated for trial lawyer of the year for 2019 by CAALA (Consumer Attorney Association of Los Angeles) for his numerous verdicts over the past year. He is a Lifetime Fellow of ABOTA (American Board of Trial Advocates) and has been named to National Trial Lawyers Top 100. Mr. Breiter has been named 9 consecutive years by Southern California and South Florida SuperLawyers. Brian Breiter is a civil trial lawyer practicing since 1995 in the area of Plaintiff’s Personal Injury. Brian is also an adjunct professor at the Pepperdine Law School where he teaches “Improvisational Mediation” to fellow lawyers, mediators and judges. He also recently taught at the University of Calgary School of Law. The office concentrates on wrongful death, brain injury, serious orthopedic injuries, automobile accidents, motorcycle crashes, trucking accidents, dog bites, and slip and fall cases in both California and Florida.

Case Analysis Details

“Ferrera v. Tereminix”

Opening Statement & Closing Argument

In May 2015. Mr. Ferrera was using the bathroom at work when he noticed he was engulfed in a cloud of smoke. It was discovered that while Mr. Ferrera was using the bathroom, Terminix was negligently applying toxic pesticides including pyrethrins, pyrethroids, and neonicotinoids, without inspection and without warning, into a joint wall shared with the Starbucks next door that had been shut down due to a roach infestation. Terminix also failed to record what pesticides were applied, where, and how much in violation of state law. It also claims to have lost its own investigation report concerning the incident. Mr. Ferrera immediately had exposure symptoms and took himself to the emergency room. It was discovered shortly after that Mr. Ferrera also suffered a complete and permanent loss of smell and taste.