Cloward Trial Lawyers

Over $112 Million In Just The Last 12 Months

Cloward Trial Lawyers

Over $112 Million In Just The Last 12 Months

Cloward Trial Lawyers

Over $112 Million In Just The Last 12 Months

Cloward Trial Lawyers

Over $112 Million In Just The Last 12 Months

The Premises and Negligent SecurityMasterclass

Over $112 Million In Just The Last 12 Months

Cloward Trial Lawyers

Note: This Masterclass Will Be Limited
Up To 30 Participants
***

Master Premises and Negligent Security w/Ben Cloward at TLU Huntington Beach Conference (June 5 - 8, 2024)

If you want to contact Ben Cloward, Esq. directly to learn more about his Masterclass on Premises and Negligent Security, please reach out to him directly at ben@thefiercefirm.com

"I grew up in a small town in Utah called Salem. Until just a few years ago there wasn't even a stoplight. My summers were filled with night fishing for catfish, swimming in the pond during the day and playing nearly any sport with a ball including baseball, football, basketball, tennis or golf. The only sport we wouldn't play was soccer. When I was a kid I used to fight a lot. It took me a lot of years to figure out why and to work through that. As my dad jokingly but proudly tells people, “Ben no longer fights in the street – instead he fights in the courtroom.” I sincerely believe with all my heart that plaintiff and criminal defense lawyers are the last defense against big money, big corporations and big government. I'm eminently proud of what I do, it's the best job I've ever had – and I've had some good – and bad jobs. If you've ever seen the movie Napoleon Dynamite when Napoleon worked in the chicken coop – well I've done that and it's not as bad as it looked in the movie – it's actually much worse. I'm passionate about hunting mule deer with a bow and arrow. I spend many, many nights alone each year in remote parts of the Nevada desert searching not only for deer but also for myself. I have a beautiful wife of over 20 years and two amazing daughters who are smarter than I’ll ever be. I hope both of them grow up to be trial lawyers so that we can practice together. I love my family and I love my faith. "

Benjamin P. Cloward, Esq.Cloward Trial Lawyers

In 2016, at the age of 37, Benjamin P. Cloward became the youngest lawyer in the history of the State of Nevada to be awarded the prestigious “Trial Lawyer of the Year” by the Nevada Justice Association. That same year, he became the youngest member of the Nevada, Las Vegas Chapter of ABOTA (American Board of Trial Advocates), and at the time was also the youngest person in the State of Nevada to be Board Certified as a Personal Injury Specialist. He has received many additional recognitions including being AV-Rated by Martindale-Hubbell and receiving a perfect 10.0 by AVVO.com. He has been featured in several magazines in Nevada for his accomplishments and hard work.

Just recently, in February of 2020, Ben obtained a $38 million dollar jury verdict, which is believed to be the largest ever negligent security for wrongful death in the State of Nevada and was the 2nd largest wrongful death verdict in the entire United States in 2020. Other verdicts Ben has obtained include a $15 million dollar jury verdict in 2016 on behalf of a family whose disabled son Harvey was allowed to choke to death on a paratransit bus. That verdict was upheld in a unanimous decision after four years of contentious appellate litigation with the final judgment ballooning to nearly $21 million dollars. The defense in that case never formally offered a single penny. After obtaining the verdict, Ben continued working on the safety issue that led to Harvey’s death and with the help of many other people got “Harvey’s Law” passed in Nevada in 2017, which required certain training for all paratransit bus drivers to ensure others were protected. In 2016, Ben also obtained a $12.9 million dollar jury verdict for a family whose life had been altered by a drunk driver that injured the mother and killed the daughter. He also obtained a $10 million dollar settlement for a client who was significantly injured from a fall which resulted in a moderate brain injury. Ben has obtained multiple soft-tissue, low visible property damage jury verdicts including a $2.98 million dollar jury verdict in 2018, a $1,075,000 verdict in 2014 and several 6 figure verdicts where Ben obtained verdicts over 180 times greater than the defense offers prior to trial. Other notable results on behalf of his clients include a $27.5 million settlement against Greyhound Lines Inc. and a $20 million dollar settlement against Jacuzzi Luxury Bath, dba Jacuzzi, Inc. and First Street for Boomers & Beyond, Inc. Also, he recently obtained an $8 million dollar jury verdict against FedEx Ground Package Inc. In addition to obtaining significant jury verdicts, Ben has also been involved in settling over thirty cases for values ranging from $1 million to $10 million as noted above. He has tried to verdict cases in both State and Federal Court in Utah and Nevada.

Cloward Trial Lawyers

The Agenda

Trial Lawyers University

Day One

Hour 1
30,000 Foot Overview of different types of Premises Liability cases
You will learn about:
  • Screening the case [signals from the defense about how they see your case]
  • Types of cases:
    • Slip and Fall
    • Trip and Fall
    • Parking Stop
    • Lighting
    • Elevator / Escalator
    • False detention/arrest
    • ADA violation cases
    • Faulty furniture [chair collapse, bed board fall, etc.]
Hour 2
Intake and pre-suit discovery planning
You will learn about:
  • The importance of a proper spoliation letter and best practices
  • Outlining your discovery plan before filing suit
    • Identifying your theory of liability
      • Actual notice (and understanding the limitations)
      • Constructive notice (and understanding the limitations)
      • Implied notice (and understanding the limitations)
  • Using your complaint as a discovery tool
Hour 3
Developing your discovery plan
You will learn about:
  • The importance of the 30(b)(6) deposition
    • Timing and sequence of the deposition
    • The important groundwork that must be laid before taking the deposition
  • Tips to keep the Company honest about prior incidents
  • Examples of effective testimony and how to get big admissions and concessions
Hour 4
Expert selection and cross-examination of the defense experts
You will learn about:
  • The types of experts available to help
  • Whether or not you need an expert
  • How your expert can educate the jurors on very simple issues
  • Using simple ways to cross examine experts on complicated topics
Hour 5
Pre-trial planning
You will learn about:
  • The importance of a good set of jury instructions and how to argue them
  • How a single Motion in Limine can change your entire case
  • Using Jury Questionnaires to your advantage in a premises case
  • How to frame your voir dire for maximum results
Hour 6
Trial skills
You will learn about:
  • Voir dire
  • Opening statements
  • Sequencing of evidence (who to call when and why)
  • Closing arguments
Ben Cloward TeachingBen Cloward TeachingBen Cloward Teaching

Day Two

Hour 1
30,000 Foot Overview of a Negligent Security Case
You will learn about:
  • Screening the case
  • Types of cases (security companies, management companies, property owners)
  • Different theories to pursue (general negligence, negligent hiring, retention, supervision, training)
  • The importance of knowing the law in your jurisdiction, pitfalls, and strategies
  • General pre-suit discovery to conduct as well as litigation strategies
  • Significance of understanding the insurance
Hour 2
$17 million dollar settlement against property owner, management company, and security company for shooting death of our client
You will learn about:
  • The importance of evaluating each part of a negligent hiring, training, supervision, and training case – This case will focus on negligent supervision and training, and you will learn about standards and guidelines to help build your case and arm your experts
  • How to create a wedge between the defendants when you understand the law and the significance of taking the depositions in the appropriate sequence
Hour 3
$10.85 million dollar settlement against apartment complex, management company and security company for shooting death
You will learn about:
  • The importance of gathering the underlying data to support your claim of negligent security
  • About the law that applies to your case and how it can make or tank your case
  • The significance of pre-trial motions in limine in crafting your evidence presentation and getting your documents preadmitted
  • The consequences associated with the insurance and why it is necessary to evaluate the insurance landscape early – tips, tricks and warnings
Hour 4
$12.25 million dollar settlement against property owner for excessive force death
You will learn about:
  • The importance of focus grouping your case early on to help you understand the importance – or non-importance of certain facts
  • How to focus on training and retention and how to use employee testimony to maximize your Rule 30(b)(6) depositions
  • Standards associated with excessive force cases and how important it is to get the right expert
Hour 5
$45 million binding arbitration award for apartment complex shooting paralysis
You will learn about:
  • The importance of evaluating the insurance early and creative ways to get around exclusions that may limit your available insurance
  • The importance of knowing how your judge will rule on evidentiary issues which can make or break your case
  • Why you really must understand the law in your state and how you can outmaneuver an unwary defense lawyer
Hour 6
$38 million dollar verdict for apartment complex shooting death
You will learn about:
  • How to put it all together for a successful trial
  • Using Big Data to help you sequence your case
  • Using Big Data to help you evaluate juror questionnaires
  • Using focus groups to get your story right and minimize bad facts
  • Developing themes for trial that connect and motivate the jurors

Ben Cloward's Case Results

Cloward Trial Lawyers
Cloward Trial Lawyers

$46,674,000

Negligent Security Binding Arbitration Award

Negligence against security company and Sportsman’s Royal Manor for paralysis of client

Cloward Trial Lawyers

$38,600,000

Wrongful Death Verdict

Negligent security against an apartment complex

Cloward Trial Lawyers

$27,500,000

Bus Crash Settlement

Negligence against Greyhound Bus for multiple injuries including spine, mTBI (brain injury), orthopedic injuries

Cloward Trial Lawyers

$21,050,000

Wrongful Death Settlement

Bus transportation negligence

Cloward Trial Lawyers

$20,250,000

Confidential Auto v Pedestrian Settlement

Negligence against an Energy Company whose driver fell asleep

Cloward Trial Lawyers
Cloward Trial Lawyers

$20,000,000

Wrongful Death Settlement

Negligent Security

Cloward Trial Lawyers

$20,000,000

Wrongful Death Confidential Settlement

Product liability and negligence against Jacuzzi

Cloward Trial Lawyers

$17,000,000

Confidential Wrongful Death Settlement

Negligence against security company and property owner when security guard shot our client

Cloward Trial Lawyers

$15,000,000

Wrongful Death Verdict

Bus transportation negligence

Cloward Trial Lawyers

$12,900,000

Wrongful Death Verdict

Drunk driver crash

Cloward Trial Lawyers
Cloward Trial Lawyers

$12,250,000

Confidential Wrongful Death Settlement

Drunk driver crash

Cloward Trial Lawyers

$12,000,000

Trucking Negligence Confidential Settlement

Negligence against a trucking/shipping company

Cloward Trial Lawyers

$10,850,000

Wrongful Death Settlement

Negligence against security company, The Hampton Apartments, and Anza Management for the shooting death of our client

Cloward Trial Lawyers

$10,000,000

Casino Negligence Confidential Settlement

Casino negligence

Cloward Trial Lawyers

$8,000,000

Driver Negligence Verdict

Negligence against FedEx Ground Transportation

Cloward Trial Lawyers

$7,750,000

Wrongful Death Confidential Settlement

Casino negligence

Cloward Trial Lawyers

$6,000,000

Property Negligence Settlement

Negligence / Worker’s Compensation for young husband who fell through the ceiling at work

Cloward Trial Lawyers

$5,500,000

Driver Negligence Security

Negligence against motor vehicle driver

Cloward Trial Lawyers

$5,000,000

Warehouse Negligence Settlement

Negligence against cabinet shop who fell through the warehouse roof

Cloward Trial Lawyers

$5,000,000

Wrongful Death Confidential Settlement

Security company negligence

Cloward Trial Lawyers
Cloward Trial Lawyers

$5,000,000

Wrongful Death Confidential Settlement

Limousine company negligence

Cloward Trial Lawyers

$3,750,000

Hardware Store Negligence Confidential Settlement

Negligence against a hardware store which caused CRPS

Cloward Trial Lawyers

$3,375,000

Bus Transportation Negligence Confidential Settlement

Bus transportation negligence

Cloward Trial Lawyers

$2,990,000

Construction Driver Negligence

Negligence against construction company driver who rear-ended our client injuring her

Cloward Trial Lawyers

$2,980,000

Bus Negligence Verdict

Shuttle driver negligence

Cloward Trial Lawyers
Cloward Trial Lawyers

$2,500,000

Casino Negligence Settlement

Casino negligence which caused part of the ceiling to fall causing mTBI (brain injury)

Cloward Trial Lawyers

$2,307,000

Driver Negligence Settlement

Negligence against a motor vehicle driver causing neck and shoulder injuries

Cloward Trial Lawyers

$2,250,000

Driver Negligence Settlement

Negligence against driver who injured our cement truck driving client who was on the side of the road

Cloward Trial Lawyers

$2,250,000

Property Owner Negligence Confidential Settlement

Negligence against a nationwide restaurant chain for failing to maintain the walkway which caused a trip and fall resulting in a broken neck and ultimately wrongful death

Cloward Trial Lawyers

$2,250,000

Driver Negligence Settlement

Negligence against motor vehicle driver causing spine and orthopedic injuries

Cloward Trial Lawyers
Cloward Trial Lawyers

$2,200,000

Casino Negligence Settlement

Casino negligence for faulty chair causing spine injuries

Cloward Trial Lawyers

$2,000,000

Driver Negligence Settlement

Negligence against motor vehicle driver causing spine and shoulder injuries

Cloward Trial Lawyers

$2,000,000

Convention Center Negligence Settlement

Negligence against convention center for a booth that fell on our client that was not properly designed or installed

Cloward Trial Lawyers

$2,000,000

Wrongful Death Settlement

Negligence against trucking company driver who hit and killed our cyclist client

Cloward Trial Lawyers

$2,000,000

Bad Faith Insurance Claims Handling Confidential Settlement

Bad faith insurance claims handling

Cloward Trial Lawyers
Cloward Trial Lawyers

$1,750,000

Bus Transportation Negligence Settlement

Bus transportation negligence causing neck and back injuries

Cloward Trial Lawyers

$1,500,000

Negligent Automative Repair Settlement

Negligence against a national automotive repair shop for failing to tighten a bolt resulting in a crash

Cloward Trial Lawyers

$1,500,000

Sexual Abuse by Caretaker Settlement

Sexual abuse by caretaker of intellectually disabled man

Cloward Trial Lawyers

$1,497,000

Driver Negligence Settlement

Negligence against motor vehicle driver causing mTBI (brain injury)

Cloward Trial Lawyers

$1,250,000

Driver Negligence Settlement

Negligence against driver in a low impact crash that injured our client

Cloward Trial Lawyers
Cloward Trial Lawyers

$1,250,000

Driver Negligence Settlement

Negligence against a driver that backed into our client who was walking through a parking lot

Cloward Trial Lawyers

$1,105,000

Driver Negligence Settlement

Negligence against motor vehicle driver causing mTBI (brain injury)

Cloward Trial Lawyers

$1,075,000

Driver Negligence Settlement

Negligence against a motor vehicle driver causing lumbar injuries

Cloward Trial Lawyers

$1,015,000

Driver Negligence Settlement

Negligence against a motor vehicle driver causing lumbar injuries