California Personal Injury Blog - Wrongful Death

Lawsuit Claims Negligence in Texas Daycare Death

Greg Owen — Sat, 07 Nov 2009 12:30:00 GMT

Attorneys representing Dallas' Rasansky Law Firm announced the lawsuit on behalf of the mother of a two-year-old girl who choked to death on a piece of gravel at a northeast Dallas daycare center in 2008.

According to the wrongful death lawsuit filed in the 44th District Court in Dallas, employees at the Woodbridge Day School located on Plano Road failed to notice when 2-year old Isabella Estep started choking on a small rock and collapsed inside the school on Oct. 31, 2008. Despite activity all around the unconscious child, 5-10 minutes passed before any school employees realized something was wrong. Isabella later died after being transported to a local hospital.

According to Texas Department of Family and Human Services, the girl's teacher, Mia Jennings, did not meet state required qualifications and was not trained in CPR and first aid. The investigation also discovered inadequate supervision.

Attorneys for Isabella's family also allege that the school's owners prevented the results of the investigation from being made public by selling the school. According to the TDFPS investigator, Mr. Hall said he wanted to "sell the operation as quickly as possible" if the state planned to close the facility. As a result of the sale, the school has continued to operate without information about Isabella's death being available on the state database used by other parents when selecting a day care facility.

The Dallas County medical examiner ruled the choking an accident.

Originally posted at InjuryBoard by Greg Owen

Entertainer Impaled by Gate Operated by Indian Wells, Widow Sues City

Paul Kiesel — Tue, 03 Nov 2009 20:30:46 GMT

From The Desert Sun:

A trial date for a case involving the death of a local entertainer is expected to be set by the end of the year, officials said.

Victor Leon, 63, of Palm Desert died Jan. 12 after he was impaled by a gate that pierced his car as he was driving through Indian Wells.

Leon was executive producer of Musical Chairs, a local tribute concert series featuring music by great American songwriters.

The incident occurred at the corner of Miles Avenue and Highway 111, near the construction site for the Indian Wells Crossing project.

Leon's wife, Elizabeth Leon, filed a lawsuit June 15 against the city of Indian Wells, the Coachella Valley Water District and two Illinois-based companies — Miles Lodge LLC and Jerson Investments LLC, demanding a jury trial.

A court hearing for the case was scheduled Oct. 7, but was canceled.

The next hearing date is set for Dec. 14, where it is expected that the judge will set the trial date, said Paul R. Kiesel, the Los Angeles-based attorney representing Elizabeth Leon.

“The investigation is ongoing to determine why this tragedy happened,” Kiesel said.

Miles Lodge LLC and Jerson Investments LLC are listed as owners of the property where the gate was, Kiesel said Friday.

Indian Wells and CVWD, however, had a legal easement that allowed employees to have access to and control of the area as well, he added.

According to court documents, the listed defendants “negligently designed, installed, maintained, controlled and operated the gate” that subsequently swung out into Miles Avenue, impaling Victor Leon.

Click here for the rest of the article.

Originally posted at InjuryBoard by Paul Kiesel

Wrongful Death Suit Settled After 8 Years

Shanley Monroe — Tue, 01 Sep 2009 01:12:55 GMT

Anyone who studies literature is familiar with the figure of the “tragic hero”. In mythology, drama, and fiction, readers can easily find an example of an otherwise noble character who has, due to a so-called ‘tragic flaw”, fallen from grace. These characters are sympathetic. They are not villains or bad people, and their likeability makes it difficult for some readers to hold them accountable for their actions. For example, Macbeth may be homicidally ambitious, but, deep down, he's got a conscience. Unfortunately, while readers lack hatred for the tragic hero, they often ignore the minor characters who suffer because of that hero's mistakes. It is, often, very difficult to hold a presumed 'good guy' accountable for his bad acts. However, when it comes to the law, not doing so may cause further harm to an injured person.

This happened in the case of Alan Adams, which recently settled for $5.7 million. Adams was 18 when he was fatally shot in 2001 after allegedly running a stop sign in Stanislaus county in California. After a highway chase, police cruisers rammed his vehicle to stop him. Adams drove in reverse as he tried to flee, but Highway Patrolman Paul Speers shot him twice through the windshield.

In defense of his actions, Speers claimed that he was pinned between Adams' car and his cruiser, and was therefore forced to shoot in self-defense. However, after two eyewitnesses testified that Speers was not pinned between the cars, forensic evidence, including how the shell casings landed and the bullet trajectories, proved that the shots could not have been fired from where Speers was allegedly pinned.

Years after the accident and Adams’ death, the jury awarded $5.5 million to the family which was reduced by 20 percent for the deceased’s comparative negligence.

Obviously, the last thing anyone wants to think about after the death of a loved one is the expense that will result from the death. There are funeral expenses, burial costs, and leftover medical bills to be settled even as the family attempts to cope with grief. In these cases, it is best to consult a personal injury attorney who can handle your case and advise you of your rights.

Trials can become frustrating when opposing parties come up with ludicrous magic bullet theories in order to exempt themselves from liability. You need to focus on the case, not on bills that pile up. Let a personal injury attorney with experience in auto accident litigation help.

As for the case of Alan Adams, no one will argue that Officer Speers was a violent or “bad” person; he was merely an otherwise good person who made a tragic mistake. However, we must never ignore the fact that those who suffer deserve justice.

Originally posted at InjuryBoard by Shanley Monroe

Wrongful Death Suit Filed In Deadly Crash

Chrissie Cole — Sat, 15 Aug 2009 21:44:00 GMT

The families of four victims tragically killed in a car wreck last week are suing for unlimited compensation.

The wrongful death suit, filed on August 6^th in Fresno County Superior Court targets the driver, Ernesto Escalente and his employer Panella Trucking Inc.

Escalante was allegedly driving his tomato truck when he ran a stop sign, shearing the top of another vehicle which had been carrying the five victims, four of whom were killed instantly, according to California Highway Patrol.

Memorial services were held this evening in Mendota for Angel Nunez, 39; Nelson Nunez, 27; Jose Menjivar, 25; Antonio Menjivar, 21.

Originally posted at InjuryBoard by Chrissie Cole

Family of Boy Killed in Hyperbaric Chamber Files Wrongful Death

Greg Owen — Thu, 13 Aug 2009 09:55:27 GMT

A 4-year-old boy and his grandmother were fatally burned when the hyperbaric chamber they were both in exploded. The grandmother died in the explosion. The boy, Francesco Pio Martinisi, suffered burns to 90 percent of his body and died one month after the explosion.

The family of the victims filed a wrongful death lawsuit claiming the Ocean Hyperbaric Oxygen Neurological Center in Lauderdale-by-the-sea was negligent in the treatment of Francesco for cerebral palsy.

Martinisi and his grandmother traveled from Italy for the treatment in Florida. The Ocean Hyperbaric Oxygen Center is state-licensed and treats patients with brain injuries, cerebral palsy and those who have nearly drowned.

The facility had been cited several times for violations of local codes and fire safety standards. The Lauderdale-by-the-Sea fire marshal told the station that the center had several unresolved violations related to its hyperbaric chambers. The Broward County Sheriff's office told the station that the chamber involved in the explosion is old. It used an electric motor to seal the hyperbaric chamber shut. The marshal said there was no high-pressure alarm on the oxygen tank there.

Originally posted at InjuryBoard by Greg Owen

Mt. Lassen Park Officials Warned of Trail Dangers - Rock Slide Kills 9-year-old

Todd Slaughter — Mon, 03 Aug 2009 15:22:49 GMT

LASSEN VOLCANIC NATIONAL PARK - Calif. As reported by the Red Bluff Daily News, last week a 9-year-old boy was killed and his 13-year-old sister was seriously injured when rocks began falling upon them while they hiked with their family up the Lassen Peak Trail. This is an easy to moderate 2.5 mile foot trail which switchbacks up to the peak of Mt. Lassen. It is utilized by as many as 25,000 to 30,000 visitors a year. The trail has been closed following this tragic incident.

This weekend, in a letter to the Editor of the Redding Record Searchlight, Karen Couwenhoven of Antelope, California, wrote that she had hiked the peak trail on July 23, 2009 and found that it to be "in the worst shape [she had] ever seen it in and was extremely dangerous." After her descent from the top with her 5-year-old daughter, she made a specific effort to contact the rangers at the national park and advise them that people had been cutting the switchbacks creating "a lot of very unsteady rocks." She was advised by the officials that they would look into it, but questioned if they ever did. He words were a harbinger of the disaster to come.

This author is a long time hiker in the mountains of northern and central California. I have always had a great deal of respect for the rangers and forest service personnel that work in the national parks as they consistently have impressed me as persons who genuinely care about the dangers of the wilderness, and are conscientious about safety. If Ms. Couwenhoven's warnings were not heeded or investigated, this would be out of step with the agency's usual approach. For the sake of the safety of future visitors, I am hopeful that the agency will be forthcoming in what steps were taken to assure the safety of visitors once the warning light was lit, and that they will make whatever changes are necessary to avoid future tragedies of this kind.

Our sincerest condolences go out to the family of the young lad. Our best wishes for the swift and full recovery of his sister.

Originally posted at InjuryBoard by Todd Slaughter

Some People Get It and Some Don't

Lawrence Knapp — Fri, 05 Jun 2009 17:29:19 GMT

The comments people make in response to internet news of tragedy amazes me. Take for example the comments to the article printed BY BETH HUNDSDORFER - News-Democrat regarding the 13-year-old boy who was crushed by an overloaded dump truck. Apparently the company that overloaded the truck knew it, yet failed to lighten the load when asked. Instead they refused. The complaint also brings into question the competence of the truck driver. Anyway, the point is that below the article are the comments and the first one clearly shows someone who understands the purpose of a wrongful death suit and the value of our jury system.

I feel so bad for that family. I hope they get a lot of money. I know money doesn't replace a life but at least it will be an example for other companies regarding negligence.

To me, this person understands that the lawsuit may change the behavior of the defendant and other businesses for the benefit of society. Obviously, a trial lawyer wants to get a great monetary result for the client. But, the benefit the civil justice system provides to society truely is invaluable and underappreciated.

Originally posted at InjuryBoard by Lawrence Knapp

CA Jury Awards Drowning Victim's Family $14 Million

Rick Patterson — Thu, 30 Apr 2009 21:50:00 GMT

A Santa Barbara jury has awarded the family of Yoni Gottesman nearly $14 million in compensatory economic and non-economic damages after he drowned in a Cathedral Oaks Athletic Club swimming pool in 2005. The health club group, Cal-West, was named along with 10 other defendants in the wrongful death lawsuit by the lawyers representing the four-year-old boy.

The defendants were accused of negligence, which led to the drowning on the first day of the Cathedral Oaks children's camp.

Attorneys for the Gottesman's proved Cathedral Oaks was further negligent because they did not hold a license to operate a children’s camp.

The judge placed a gag order on the jury after the initial $14 million verdict was found. The jury will hear punitive damages testimony and rule again. Punitive damages will be determined, by the jury, after further testimony against Cal-West and the health club is heard. Civil trial attorneys argue for punitive damages to punish Cathedral Oaks and Cal-West, something compensatory damages does not cover.

Originally posted at InjuryBoard by Rick Patterson

Chico Family of Four Killed in Montana Plane Crash

Todd Slaughter — Mon, 23 Mar 2009 17:55:19 GMT

The Chico Enterprise Record released a story this afternoon revealing that a Chico dentist and his family were among those killed in the plane crash in Montana that killed 14 people. It had been reported earlier that the plane originated in San Diego and made a refueling stop in Oroville before proceeding east. The Enterprise Record learned that a Chico dentist, his four-month pregnant wife, and two young children, ages 3 and 5, boarded the plane in Oroville. The victims were part of a traveling group headed for a ski vacation. The Pilatus PC-12 single engine turbo prop lost elevation as it approached Bert Mooney airport in Butte, Montana and crashed by a nearby cemetary.

The NTSB has been dispatched to investigate this tremendously tragic loss of life. It has been initially reported that the plane may have been overloaded with passengers, seven of which may have been children. The exact number of people on board has not yet been finally determined.

The dentist's office was closed today, and family and friends requested privacy. Our sincerest condolensces go out to the family.

Originally posted at InjuryBoard by Todd Slaughter

Suit Filed Against Helicopter Manufacturer and Operators by Firefighter Family

Todd Slaughter — Tue, 03 Mar 2009 12:53:57 GMT

On August 5, 2008 the deadliest firefighter helicopter crash in history occurred in Northern California, killing nine fire fighters in the Trinity National Forest. All killed were from Oregon.

According to The Oregonian, the mother of a 30-year old fire fighter killed in the crash filed a wrongful death suit on February 27, 2009 in the Multnomah County Circuit Court in Oregon. The suit names the manufacturer of the helicopter, Sikorsky Aircraft Corp, apparent component makers United Technologies Corp. and General Electric, as well owner/operators Columbia Helicopters, Carson Helicopters and subsidiary Carson Helicopter Services. The suit seeks $8 million in compensation for the death of this young man.

Another wrongful death suit was brought by the heirs of a 29-year-old fire fighter from Medford, and a 23-year-old from Grants Pass last month. The suit named the same defendants and sought compensation of $10 million.

The catastrophic crash occurred on a ridge top where the firefighters were being picked up for transfer to another fire location. Just after lift off, the Sikorsky helicopter failed to clear surrounding trees, slammed into the ground and burst into flames. The National Transportation Safety Board was dispatched to investigate the cause. That investigation is still pending.

This tragedy reverberated throughout all Northern California communities last summer. Hundreds of fires sparked by early summer lightning storms caused fires to rage throughout the region for the entire season. We were extremely grateful for all those fire crews and fighters that came to our aid from surrounding communities and states. The brave firefighters that lost their lives on that ridge will not be forgotten. Thank you again to those that answered the call, and may God Bless you all!

Originally posted at InjuryBoard by Todd Slaughter