Profile
When the building lights go out and the cleaning crew comes in, you’ll find Miles working hard. Miles recognizes that his clients—individuals and families suffering from catastrophic injuries or deaths—deserve someone who never quits. Seven-figure verdicts and settlements are his hallmark—results that stem from creativity, teamwork, technical prowess, strategy, and sheer hard work. In addition to his own caseload, he is frequently asked by other lawyers to consult on or take over cases shortly before trial. He regularly speaks and writes about his areas of expertise, in particular using technology to present evidence.
Miles’s community work includes volunteering for the Bar Association of San Francisco’s pro bono programs, serving as trial counsel for disenfranchised tenants faced with losing their homes and providing legal advice at clinics for low-income individuals.
Outside work he enjoys bicycling—for commuting as well as recreation and travel to developing countries. He lives in San Francisco in an old Victorian with his wife (who is also a lawyer).
About Miles Cooper
Law School: University of San Francisco School of Law
Admitted: 2000, California
Professional Webpage: rftmlaw.com/?attorneys=miles-cooper
Honors and Awards:
- Outstanding Volunteer in Public Service Award, Bar Association of San Francisco's Volunteer Legal Services Program, 2007
- Outstanding Volunteer in Public Service Award, Bar Association of San Francisco's Volunteer Legal Services Program, 2008
- Outstanding Volunteer in Public Service Award, Bar Association of San Francisco's Volunteer Legal Services Program, 2009
- Outstanding Volunteer in Public Service Award, Bar Association of San Francisco's Volunteer Legal Services Program, 2010
- Consumer Attorney of the Year Finalist, Consumer Attorneys of California, 2010
Bar/Professional Activity:
- San Francisco Trial Lawyers Association
- Bar Association of San Francisco
- Consumer Attorneys' Association of Los Angeles
- Board of Governors, Consumer Attorneys of California, 2005, 2008 - Present
- Board of Directors, Consumer Attorneys of California, 2009 - Present
- American Bar Association
- American Association for Justice
- United States Court of Appeals for the Ninth Circuit
- United States District Court, California Northern District
- United States District Court, California Central District
- State Bar of California
Pro bono/Community Service:
- Serves on the Bar Association of San Francisco's Volunteer Legal Services Program's Eviction Defense program and Lawyer Assistance and Referral Clinic. The Eviction Defense program helps low-income tenants facing eviction by providing them with an attorney for settlement conferences or jury trials.The Lawyer Assistance and Referral Clinic occurs twice a month and provides people with legal problems with 15-20 minutes with an attorney to help identify, resolve, or refer the problem if the problem requires more time than alloted.
Scholarly Lectures and Writings:
- "Maximizing Recovery - Loss of Household Services in the Personal Injury Case," The Trial Lawyer, Fall 2004
- "Be Open to Openings - Defendants and Plaintiffs Alike Can Benefit from Early Settlements," The Recorder, July 25, 2005
- "PowerPoint: Effective Mediation Presentations," San Francisco Trial Lawyer's Association, February 28, 2006
- "Jury Selection," San Francisco Trial Lawyer's Association, April 10, 2007
- "A Just Cause," Litigation Supplement to The Recorder, May 21, 2007
- "Engaging in the Resolution Discussion – Opening a Dialogue to Set Up Cases for Resolution," TrialSmith Web Seminar, May 22, 2007
- "Biomechanics: From High Speed to Low Speed" Consumer Attorneys of California College of Trial Arts Vehicle Dynamics and Handling Seminar, August 10, 2007
- "Anatomy for Lawyers & Paralegals: Understanding and Presenting Medicine In a Meaningful Way" TrialSmith Web Seminar, November 29, 2007
- "Trial Director Presentation Software" San Francisco Trial Lawyer's Association, January 22, 2008
- "Juror Questionnaires: Crafting, Getting Approval, and Using Questionnaires" Trialsmith Web Seminar, April 16, 2009
- "Marketing for Lawyers" San Francisco Trial Lawyer's Association, April 21, 2009
- "100 Days Before Trial Through Opening Statement: A Three-Part Presentation" Trialsmith Web Seminar, October 22, 2009, November 19, 2009, and December 3, 2009
- "Successful and Ethical Marketing" Consumer Attorneys of Marin, November 19, 2009
- "Successful and Ethical Marketing" Consumer Attorneys of California, February 11, 2010
- Voir Dire Workshop, University of San Francisco Intensive Advocacy Program, June 2, 2010
- "Jury Selection" San Francisco Trial Lawyer's Association, November 9, 2010
- Author, Settlement: It's not over until the foreperson sings, Plaintiff Magazine, 2011
- Presenter, Marketing for lawyers, San Francisco Trial Lawyers' Association, 2011
- Author, Second chair is much more than second fiddle, Plaintiff Magazine, 2011
- Author, What the camera does not show: the sub rosa camera can be made to lie and you can expose it, Plaintiff Magazine, 2011
Verdicts and Settlements:
- $1.16 million jury verdict. William K. Dean, husband and father was struck and killed by a Fedco truck as he was working as a tree trimmer in Calistoga, California. William's employer had assigned him to supervise the trimming of trees which were blocking power lines bordering the roadway. Orange cones and flags had been placed to mark the work area. A truck driver operating a 33,000 lb. tractor trailer rig struck William, as he was supervising the work of other tree trimmers. The impact caused William to be swept under the truck causing severe crushing injuries, internal bleeding and ultimately, death. The truck driver contended that William had stepped into the path of his truck, which was lawfully on the roadway and that William was therefore responsible for his injuries and death. The truck driver's demeanor at trial, including contradictory testimony under oath that he could stop his rig "on a dime" was cited by the members of the jury as the most significant factor in their decision., 2002
- $6.4 million verdict. In September 2000, fifty-eight year-old James L. Eagles was working as a truck driver for Kings County Truck Line. On the day of the accident, he was making a delivery to Albertsons, Inc.'s Brea Distribution Center. After arriving at the warehouse and while speaking to a receiver on the loading dock, a 9,200-pound stand-up electric forklift owned by Albertson and operated by an Albertson's employee ran over his left foot. The forklift crushed his foot and trapped James Eagles under the forklift for about five minutes. The Albertson's employee claimed that he lost control of the forklift due to an electric malfunction, which resulted in a loss of power steering and power braking. The employee did not use the forklift's emergency brake, which would have brought the vehicle to an immediate stop. James Eagles contended that the operator was negligent. The firm, recognizing that the forklift was not defective, dismissed the forklift manufacturer before trial. Albertson's persisted with its claims of contribution against the forklift manufacturer. The jury determined that the forklift was not defective and that Albertsons was responsible for James Eagles' harm. The case tried to verdict and the verdict was upheld following an unsuccessful appeal by Albertson's., 2003
- $5.7 million settlement. Late at night on November 19, 2000, a Toyota Camry traveling at 90 miles per hour on U.S. 101, north of San Francisco International Airport, hit another car. The Camry spun out of control and crashed into a concrete support column. The 21-year-old driver, John Smith, was driving without a license, drunk, and high on cocaine. The impact killed John Smith. His 20 year-old passenger John Doe suffered numerous fractures and traumatic brain injury. Smith was an employee of Black Corporation a car sales, repair, and rental business. A co-worker at Black Corporation rented the car to Smith. Black Corporation provided employees with cars in violation of the California Vehicle Code. Black Corporation repeatedly rented cars to John Smith even though he was under the age of 25. The Black Corporation rental-managing agent conspired with John Smith to have his mother rent the car under her name. The managing agent stated that she only had to come down the first time, and that Smith could rent the car using his mother's information after that. The California Vehicle Code requires a rental company to confirm that the person that they are renting to possesses a valid driver's license. Had Black Corporation done so, they would have learned that Smith's license was suspended. Black Corporation was also aware that Smith had a history of drug and alcohol abuse and reckless operation of cars. He was caught smoking marijuana at work and the general manager of Black Corporation observed John Smith and his friends doing drugs at an office party. Smith had also previously damaged a Black Corporation rental car. John Doe's injuries were so extensive that he will require 24-hour attendant care for the rest of his life and will never work again. The matter settled before trial., 2003
- $1.75 million settlement. On September 12, 2001, a big rig tractor-trailer struck and crushed Michael Hoffman as he crossed Van Ness Avenue at Turk in San Francisco. An independent contractor, Lahkbir Ram, was hauling the trailer portion of the big rig, owned by Feely Trucking Corporation. Ram testified he stopped for the red light on Turk and was planning to make a right hand turn onto Van Ness Avenue. At the same time, Michael Hoffman was standing on the corner of Turk and Van Ness, waiting to cross Van Ness. The light on Turk Street turned green and the pedestrian signal indicated that it was safe to cross the street. At this point, an eyewitness observed Mr. Hoffman step off the curb and begin to cross Van Ness. Mr. Ram turned onto Van Ness, swinging his cab wide in order to compensate for the narrower turning radius of the trailer wheels. The truck cab crossed in front of Michael Hoffman, cutting him off in the crosswalk. The trailer struck Mr. Hoffman, knocked him to the ground, and crushed him with the rear right tires. Mr. Hoffman, a loving husband and father, succumbed to his injuries two hours after the accident. The matter settled before trial., 2004
- $3.6 million verdict. On April 17, 2000, at about 10:30 p.m. four United Airlines employees had gotten off work at San Francisco International Airport. The United employees were three airplane mechanics and a customer service representative. An airport shuttle bus took the four employees from the airport terminal to the employee parking lot. The bus was traveling behind a Yellow Cab as it entered the on-ramp for U.S. 101 north. While approaching the highway the Yellow Cab driver saw a woman, off to the side of the on-ramp, and thought she might be a potential fare. He slammed on his brakes and stopped his cab in the middle of the on-ramp, about 20 feet before it merged with the freeway. The bus driver, distracted by someone saying there was a woman near the on-ramp, did not notice that the cab was stopping in the middle of the on-ramp. Once the bus driver realized that the cab was stopping, he slammed on his brakes, causing the passengers to come out of their seats. The shuttle bus hit the back of the taxi, causing minimal damage to both vehicles. One individual suffered a broken ankle and was off work for about four months. The three other individuals returned to work after a couple of days. As time progressed, each of the other plaintiffs noticed that their injuries were not healing and sought medical treatment. Each sustained permanent medical injuries and limitations in their ability to perform their occupations. The case tried to verdict., 2004
- $2.8 million settlement. On May 1, 2002, Joe Truckdriver was making a delivery to Commercial Plant when a forklift crushed his leg. Commercial Plant employee, Forklift Operator, was driving the forklift. Joe Truckdriver, a life-long driver employed by Trucking Company, was at Commercial Plant to pick up a load of material. When the accident occurred, the forklift was loading Joe Truckdriver's truck. Joe Truckdriver testified that Forklift Operator had stopped loading the truck and stopped the forklift. Joe walked over to Forklift Operator, who was sitting in the forklift and the two had a conversation about loading procedures. At the end of the conversation, Joe turned to walk away and took a few steps. Forklift Operator started the forklift before Joe had cleared the turning radius of the forklift. As Forklift Operator accelerated, the rear left wheel of the forklift caught Joe's right foot and lower leg. He suffered a severely broken ankle and serious damage to the lower part of his leg. Defendant contended that Joe had approached the forklift from behind while it was operating.During the next year, Joe underwent treatment, including multiple reconstructive surgeries and multiple skin grafts. He suffered recurrent infections and continuous pain from his injury. His doctor determined that it was necessary to perform a below-the-knee amputation. On September 15, 2003, doctors amputated Joe's lower right leg. Joe was off work for approximately nine months. Even though he was unable to return to truck driving, his employer rehired him as a trucking dispatcher. The matter settled shortly before trial., 2004
- $5.3 million jury verdict. Dr. Doe was walking when a board from a construction site fell and hit him. He contended that he his ability to perform surgery was impacted as a result. Defendant admitted liability but contended that Dr. Doe was not limited and was earning over $400,000 per year after the accident, above the average for orthopedic surgeons in his area., 2004
- $3 million settlement. On August 23, 2002, Joan Vu was a pedestrian waiting to cross the street at the corner of Taylor and O'Farrell. Stopped at the red light in the far right lane of O'Farrell, at Taylor, was a Ford Taurus. O'Farrell is a three lane one-way street in that area. The Taurus, driven by an individual unfamiliar with San Francisco, arrived at the intersection of O'Farrell and Taylor and was the first car at the light. He realized that he needed to make a left turn onto Taylor. As the light turned green, he made an illegal left turn in front of the other two lanes to his left. McNulty was driving a Jeep Cherokee in the middle lane of O'Farrell approaching Taylor Street. He was timing the lights, and had noticed that there were no cars in the far left lane. Anticipating that the light would turn green just as he crossed the intersection, he approached the changing light driving between twenty-five to forty miles an hour. He struck the left rear quarter panel of the Taurus, as it turned in front of him, propelling it sideways and up onto the curb. The Taurus slid into Joan Vu, pinning her between the car and a streetlight. She sustained severe crush injuries to her legs and her leg was subsequently amputated. The matter settled before trial., 2004
- $5.7 million verdict. On Feb. 28, 2001, a 42-year-old orthopedic surgeon was attending an orthopedic surgery convention in San Francisco. As John Doe and some colleagues were walking on the sidewalk near the corner of Third Street and Mission, a two-foot by eight-foot piece of plywood, weighing about 40 pounds, fell from the 22-story of a high-rise construction site. The board traveled across the street and struck John Doe on his left shoulder with enough force to knock him to the ground. He sued the owner of the building, Third & Mission Associates LLC, and contractor Pankow Residential Builders II. He contended that he suffered permanent injuries that reduced his earning capacity. Third and Mission contended that he had suffered minor bruises that had resolved within four to six weeks. The case tried to verdict and the verdict was upheld following an unsuccessful appeal by the defendants., 2004
- $1.6 million settlement. John Smith, a 44-year-old diesel mechanic employed by Equipment Rental Co., was injured at a Road Construction Co.'s work site. Smith was walking by the boom of an Equipment Rental Co. excavator, which had a known history of tracking problems. He was guiding the excavator from one point to another. Attached to the boom of the excavator was a 7,000-pound power pack and shaker. The excavator, driven by a Road Construction Co. employee, mis-tracked, causing the load to swing toward John Smith. Smith put his arm out to stop the load as he saw it coming towards him. The force of the load knocked Smith to the ground. John Smith got up, finished his shift, and reported the accident to his supervisor the next day. John Smith continued to work for the following two months, until numbness and weakness in his hand prevented him from being able to continue working. Smith contended that the Road Construction Co. employee operating the excavator was a substantial cause of the incident and that they were aware that the excavator was not suited for its intended use. Mr. Smith suffered injuries to his right arm, shoulder, and neck because of the impact. He received extensive treatment, including three cervical surgeries. His treating doctors determined he was not able to return to his customary occupation. The matter settled before trial., 2005
- $5.8 million settlement. In November 2001, a 44-year-old female optician was driving her Isuzu Amigo north on Walnut Boulevard toward Concord Avenue in Contra Costa County. At the same time, Jerry Berkowitz was driving his Cadillac east on Concord toward the same intersection. Berkowitz failed to notice a stop sign and drove through the intersection, broadsiding Jane Doe's car. The collision partially ejected Jane Doe from the car, who was wearing her seatbelt. She sustained brain damage and numerous fractures. Berkowitz claimed he did not see the stop sign because the oleander bushes located on the adjacent property partially covered it. Jane Doe sued Jerry Berkowitz, the property owner, and Contra Costa County. Jane Doe contended that Berkowitz was negligent for failing to stop at the stop sign and for speeding. Jane Doe contended that the County was negligent because it had recently moved the stop sign closer to the oleander bushes, and after moving the stop sign, the County did not raise the sign to increase its visibility nor did it continue to trim the bushes away from the sign. The plaintiff also argued that the fence, trees and bushes on the property violated County ordinances, resulting in an inability to see crossing traffic. The matter settled before trial., 2005
- $2.1 million verdict. On July 12, 2004, Joe Kaz was working as a plumber at a commercial construction project. As he neared a concrete pumping hose, he heard a loud popping sound. The pump's hose uncoupled and swung without restraint. As it swung, the hose, filled with pressurized concrete, whipped into Kaz's left knee and up into his left upper thigh and groin. The impact knocked him off his feet onto a metal deck, twisting his right knee. The damage from the accident has prevented Kaz from returning to his job as a plumber. Defendants contended Kaz's right knee was not injured in the incident. They also contended Kaz had degenerative conditions in his right knee from a prior right knee work injury. The jury unanimously found the defendants' negligence caused Kaz's career-ending knee injury., 2006
- $5.5 million settlement for Juan Diaz. In March 2003, two men were at walk-up windows in San Francisco. An Errant Delivery Co. delivery car left the roadway, went up the wheelchair ramp at that corner, across the sidewalk, and into the walk-up windows. The two men, Juan Diaz and John Doe, were crushed between the car and the building. Doe, then 58 years old, suffered traumatic amputation of both legs above the knee. Diaz, then 27 years old, sustained a severe crush injury to his left leg.The Errant Delivery Co. driver contended that the car's brakes had failed and that the only place for him to go was into the building. Witnesses, including a passenger in the car, contradicted his statement and said that he appeared to lose consciousness and veered into the building. A subsequent inspection of the vehicle determined that there was no vehicle malfunction. The impact speed was approximately 25 miles per hour.In early 2005, Errant Delivery Co.'s counsel contacted plaintiffs' counsel to say that Errant Delivery Co. acknowledged responsibility for the accident but that it was too early to put a value on the case. Errant Delivery Co. wanted to make a pre-resolution partial settlement payment to provide plaintiffs with the financial resources they would need to get by until the case was resolved. Errant Delivery Co. provided plaintiffs with over $1 million at that point. This early display of good faith allowed the parties to continue discussions and eventually reach a resolution that provided plaintiffs with sufficient compensation without forcing Errant Delivery Co. into bankruptcy. As a result, the plaintiffs were justly compensated and over 1,000 employees at Errant Delivery Co. were able to keep their jobs., 2006
- $2.75 million settlement. On September 1, 2005 Programmer boarded her regular AC Transit bus to get home from work. As Programmer was holding onto a handrail for support and stepping up to a seat, the bus driver drove away from the bus stop. Programmer, whose left ankle was crushed in a 1989 car accident, had a fused left ankle and wore a rocker-bottom shoe, making her mobility limitations obvious although she did not use a disabled bus pass. Despite bracing herself with the handrail, the sudden movement threw Programmer to the floor, tearing her skin on the outside of her left ankle. The wound caused a reoccurrence of a bone infection called osteomelytisis, and intense neuropathy. Programmer's orthopedic surgeon determined that a below-the-knee amputation was the only solution for her intense pain. The matter settled before trial., 2008
- $1.2 million settlement. In September 2006, 28-year-old Sarah Student was walking her regular route to take MUNI home from San Francisco State University where she was a junior. After waiting for the pedestrian signal permitting her to walk, Student began to cross the busy intersection on the outer edge of a group of other pedestrians. Nina Nanny, driving a late-model Volvo, failed to stop at the light. The Volvo struck Student on the left side of her body throwing Student onto the hood of the car, which she dented with her body. Student then fell to the ground striking her head on the pavement. Nanny, who was driving her employer's car with permission, was late to her class at San Francisco State University where she had an exam. Although Nanny saw that the light at the intersection was yellow she tried to make in through to avoid waiting for a red light. Student suffered a C5-6 herniation causing chronic pain in her neck radiating into her right shoulder, requiring an anterior cervical disk fusion. Student also suffered a mild traumatic brain injury which caused significant cognitive deficits including diminishment in Student's short-term memory, concentration, and mental stamina. Student met the criteria for mild traumatic brain injury even without a definite loss of conscious due to her period of posttraumatic amnesia followed by confusion, and cognitive, emotional, and physical symptoms which persisted beyond one-year post accident. While Student may benefit from learning compensation strategies, she will not improve organically to recover her pre-accident status. The matter settled before trial., 2008
- $1.5 million settlement. Michael Mechanic was riding his motorcycle on Highway 13 near Piedmont, California, when Defendant Driver changed lanes and collided with him. Defendant said that while he had checked his rear-view mirrors, he had not looked over his shoulder to make sure the lane was clear. Michael's tibial plateau, the bone that makes up the base of the knee, was broken. Despite two surgeries, Michael never regained normal strength and flexibility in his knee. He was physically unable to return to his occupation as an automobile mechanic. He was also forced to give up his passion for riding motorcycles because of continued pain. The case settled for Attorney's primary and excess policy limits., 2008
- $2.4 million verdict. A Sonoma County jury found defendant Acme Transport responsible for a 2005 Santa Rosa car crash that injured 33-year-old Jane Doe’s hand. Doe’s non-dominant hand was injured when Acme’s employee, driving a van, ran a red light at an intersection and broadsided Doe’s car. Doe’s window was down and Doe’s fingers became caught between the door jamb and pavement when the vehicle tipped over. The crush injured the tops of her fingers and resulted in some functional impairment and chronic pain. She was unable to return to work as a bank training coordinator and was involuntarily terminated from her job when her Family Medical Leave ran out in March 2006. By June 2006, Doe’s situation forced her and her family to move across country, where Doe’s parents lived. Shortly before trial, Acme admitted it caused the collision but asserted that Doe failed to mitigate her damages because she had not returned to work. Doe’s medical restriction from work arguably ended in July 2006. Defendant further argued that Doe had not had any real medical care or treatment since January 2007. Contending that Doe’s decision to return to school instead of obtaining a job was a lifestyle choice, defendant focused its case on Doe’s decision not to return to work. McGuinn and Cooper, Doe’s attorneys, were brought into the case two months before it was initially set for trial in 2008. After getting court orders to add experts in orthopedics, pain management, economics, and life-care planning, Doe served a formal Offer to Compromise for Acme’s $1 million insurance policy limits in November 2008. Acme’s offer was $250,000 up until ten days before trial, when Acme served its own formal offer for $800,000. The case was tried for four weeks before the Honorable Mark Tansil in Santa Rosa, California. With prevailing party costs and interest from the date of service of Doe’s formal Offer to Compromise, the total judgment will be over $2.4 million. Over $1 million of the verdict was for general damages., 2009
- $5.75 million settlement. In January 2008, Marge Doe, a 26-year-old wife and mother of a 5-old girl, was working at ABC Manufacturing Co. in San Francisco. She and a coworker were changing a die on a creasing-and-cutting machine. Marge was leaning into the machine, her body stretched between the platens. Without warning, the machine started. Before Marge could extract herself, the platens closed, trapping and crushing her. She died before firefighters could extract her from the machine. Plaintiffs, the surviving husband and daughter of Marge Doe, sued ABC Manufacturing for Marge’s wrongful death. Although injured workers are generally limited to workers’ compensation benefits when they are injured on the job, California has a statutory exception statute allowing workers injured in power-press accidents the right to sue in civil court if their injuries are attributable to the removal or noninstallation of guards on power presses. The Does argued that the machine was a power press and defective. Plaintiffs also sued XYZ Machinery for strict products liability for importing and selling a defectively designed machine. Plaintiffs consulting experts identified a number of design flaws in the installed safety mechanisms. Alternatively, the machine could have been equipped with a pressure mat for the operator to stand on. If there is no weight on such a mat, the machine will not operate.Plaintiffs were unable to sue the manufacturer as it was located in China and beyond the Court’s jurisdiction for enforcing a judgment., 2010
- $8.75 million settlement. On February 12, 2008, John Doe and Jane Doe were riding motorcycles with friends while on vacation. They were headed southbound on U.S. 95. A Red Company employee, driving northbound on U.S. 95, made a left turn in front of the motorcycle. John Doe was injured and Jane Doe was killed. Mr. Doe watched his wife die at the scene. John was 56 years old and Jane was 53 years old at the time. They had been married 34 years and had three adult children, two sons and a daughter, age 32, 30, and 29, respectively. The Doe family lived in Alberta, Canada. They ran a successful small construction company that they had started in 1981. John Doe owned 51% of the company and Jane Doe owned 49%. John Doe was the president, Jane Doe was the office manager, the two sons ran construction crews, and the daughter helped in the office. Red Company admitted legal responsibility for the accident but contested the extent of the damages. Red Company contended that Jane Doe only worked 4 – 5 hours a day, that she functioned as a bookkeeper, that her husband earned the money and that Mrs. Doe’s earnings were really a profit pass-through used to take advantage of Canadian tax laws and reduce the Doe family’s taxes., 2010
Other Outstanding Achievements:
- Inducted into the American Board of Trial Advocates, 2011
Educational Background:
- University of California at Berkeley, B.A., 1995