ORANGE COUNTY – In December, an Orange County jury awarded $59,742 to a 25-year-old man who was struck by an SUV in 2010 in a Newport Beach crosswalk. The victim suffered a fractured cheekbone, broken teeth, and assorted scrapes and bruises. Prior to trial, the defendant offered $5,000 to the plaintiff. The jury found the plaintiff was 30% negligent. After reduction for contributory negligence, the plaintiff received $41,819.00
SAN FRANCISCO – The family of a 15-year-old boy who was shot and tragically killed by a San Francisco police officer on June 5, 2012, has filed a $10 million wrongful death lawsuit against the city. The lawsuit claims officer Joshua Cabillo was motivated by prejudice when he shot Derrick Gaines, who was African-American. Cabillo was cleared of any wrongdoing after an investigation by San Mateo County prosecutors revealed Gaines was shot in the back of the head as Cabillo tried to detain him. According to investigators, Cabillo shot Gaines after he reached for a gun. Holding Negligent Parties Accountable Following the tragic loss of a loved one in an incident such as this one, the victim’s family members may have many unanswered questions. Who is responsible for the death of a loved one? How can surviving family members hold the at-fault party accountable? A caring and experienced California wrongful death lawyer at Estey Bomberger can provide answers and options to grieving family members, so please contact our office today to arrange a free case consultation. With our help, surviving family members can make sure the at-fault party or entity is held accountable and also obtain funds for the many expenses associated with the loss of a loved one, such as funeral and burial costs, final medical bills, loss of victim’s future earnings, loss [...] Read more »
KANSAS – Two civil lawsuits filed against the Catholic Diocese of Kansas City-St. Joseph have been settled, reports The Kansas City Star. The lawsuits – one alleging sexual harassment and one claiming wrongful dismissal – were the first of 30 to be filed against the diocese in the last two years and were the first to be settled. The majority of the lawsuits filed against the diocese allege sexual abuse by a priest. Both lawsuits were settled for an unspecified amount. A former independent contractor for the diocese, Margaret Mata, filed one of the lawsuits in October 2011. Mata claimed the diocese retaliated against her after she supported victims of a priest who was facing child pornography charges and for promoting policy changes to prevent future child sex abuse incidents from occurring. Mata was seeking an unspecified amount of compensation for various types of damages. A former worker at the diocese archives, Larry Probst, filed the other lawsuit in January 2012. Probst claimed he was subjected to sexual advances, sexually offensive language, and pornography while at work. Probst also claimed that he was dismissed after repeatedly voicing complaints to the diocese. Probst’s lawsuit claimed sexual harassment, retaliation, and sex discrimination, and sought an unspecified amount of compensation for back pay and other types of damages. Seek the Counsel of an Experienced Lawyer If you [...] Read more »
Skechers Shape-ups toning shoes have been associated with many serious fall related injuries. The shoes rounded sole creates an unstable surface for the user to walk on and many people have lost their balance and fallen as a result of the shoes instability. Falling to the “same level” may not seem as dangerous as falling from a higher elevation, but millions of people sustain serious injuries in falls from the same level. The Centers for Disease Control and Prevention estimates that as many as 30 percent of people who sustain a trip and fall related injury suffer moderate to severe injuries. Some of the more common types of injuries sustained in Skechers Shape-ups fall related accidents, include: Hip fractures Hip or shoulder dislocation Femur fractures Ankle fractures Bruises and cuts Head injuries Herniated discs Neck injuries Foot fractures Muscle and ligament tears/strains Spinal cord injuries Other types of injuries. What to do after sustaining a Skechers Shape-ups Fall Related Injury After sustaining a serious injury while walking or exercising in a pair of Skechers Shape-ups you may have many questions. Can I get help for injury expenses? Who do I talk to about my accident and injury? Should I contact Skechers directly? As a victim of a dangerous product, you may be able to collect financial compensation for the expenses related to [...] Read more »
NEW JERSEY – The family of a boy who was seriously injured after being struck by a line drive of a metal bat while playing a youth baseball game will receive a $14.5 million settlement from the baseball bat manufacturer, Little League Baseball, and a popular sporting goods store, The Sports Authority. In the lawsuit, the boy’s family claimed that the metal bat used was unsafe because baseballs could bounce off of it at much faster speeds than a wooden bat. Although Steven was playing in a Police Athletic League baseball game, the manufacturer of the baseball was named a defendant because the group certifies that specific metal bats are approved for and safe for use in games involving children. In June 2006, Steven Domalewski was pitching in a youth baseball game when he was struck in the chest, just above his heart, by a line drive off of the batter’s metal bat. After being hit, Steven clutched his chest and attempted to reach for the ball, however, the ball had hit him between heartbeats and he went into cardiac arrest. Steven slumped to the ground and stopped breathing. A passerby began CPR on Steven and paramedics, who were nearby, arrived within minutes of being notified, but Steven had already gone approximately 15-20 minutes without oxygen. The lack of oxygen caused Steven to suffer a [...] Read more »
HAWAII – The parents of a 16-year-old Vacaville, CA, girl tragically killed in a jet ski accident filed a lawsuit against an Australian tourist who is in a Honolulu jail on third-degree negligent homicide charges. The lawsuit also names Aloha Jet Ski, the company who rented the personal watercraft vehicles to the girl and the tourist the day the accident occurred in Keehi Lagoon. The lawsuit claims the tourist’s negligent actions (identified as 20-year-old Tyson Dagley) caused the crash to occur. Reportedly, Dagley was speeding, standing up on the jet ski, and not paying attention when he collided with the Vacaville girl. The lawsuit also claims that the jet ski company did nothing to prevent Dagley from driving recklessly. According to the lawsuit, an employee who rented the jet ski to Dagley “failed to give any instructions or warnings about driving at excessive speeds.” Investigators recovered deleted footage from a video Dagley’s girlfriend had taken of the crash that appears to show him standing on the jet ski. The lawsuit seeks an unspecified amount of compensation for the damages related to the tragic August 5, 2012 jet ski accident, including final medical expenses and funeral costs. Accident Liability After losing a loved one in a tragic accident caused by the negligent or careless actions of another person, you would be well advised to seek the [...] Read more »
FLORIDA – The mother of a 4-year-old boy who tragically died after being left in a hot day-care van for hours filed a wrongful death lawsuit against a Sunrise, Florida day-care facility – 3C’s Day Academy – August 10, 2012. On August 1, 2012 Jordan Coleman tragically died of hyperthermia after the day-care center employee left him in a hot SUV day-care vehicle for approximately two hours. Allegedly, the day-care center employee had transported Jordan and seven other children to an apartment complex in an attempt to keep state inspectors from discovering the facility was over capacity. The day-care academy had been the subject of several critical inspections by Broward County’s day-care licensing office and has since been closed. The Broward Sherriff’s Office and the State Attorney have begun a criminal investigation of the day-care facility, but as of yet, no criminal charges have been filed. Day-Care Negligent Supervision When you take your child to a day-care facility, you trust that the facility will provide the same quality of care and supervision that you do. Sadly, because of a day-care center’s lack of supervision, failure to follow state and federal regulations, inadequate staffing ratio or failure to maintain safety standards, many children are seriously injured or worse, tragically killed every year in the U.S. According to the National Center for Child Death Review Policy and [...] Read more »
SOUTH CAROLINA – A popular Charleston restaurant, Husk, will pay $1.1 million to the family of a man tragically killed in a fiery car crash caused by a former assistant manager. The wrongful death claim, filed in February by the victim’s father, claimed Husk Restaurant allowed its then assistant manager, Adam Burnell, to not only drink excessively on the premises long after the 2 a.m. closing time for bars, but let him get on the road after drinking. Burnell had a blood alcohol concentration level of 0.24 – three times the legal limit – the night of the crash. On December 17, 2012 Burnell rear-ended a Mustang driven by 32-year-old bartender, Quentin Miller. The impact of the collision sent the Mustang spinning into a concrete barrier and the vehicle burst into flames. Miller was trapped inside the Mustang and “suffered an excruciating death when his body was consumed by flames in the burning vehicle,” the lawsuit stated. Although Miller was not named as a defendant in the wrongful death claim, he is awaiting trial for criminal charges. Filing a Wrongful Death Claim A drunk driver can change the future of a family in an instant. The pain, sadness, and grief associated with the loss of a loved one in a DUI accident can never be taken away, however, family members can experience some [...] Read more »
Oakland has a responsibility to its tax-paying residents to ensure its roadways are safely maintained. However, in the wrongful death case of Allan Lee, the city failed to make the appropriate repairs to Grizzly Peak Boulevard until after the fatal bicycle accident. For four to five months, several local organizations had alerted the city of the dangerous road conditions on Grizzly Peak Boulevard, but the city neglected to address these concerns, resulting in the death of 53 year old Allan Lee who left behind a wife and two daughters. The accident occurred on Sept 24, 2011, while Lee was traveling with 14 other bicyclists down on Grizzly Peak. According to the reports, Lee was headed downhill, traveling at about 15 mph, when his bike’s front tire became caught in a two-inch deep rut in the middle of the road, causing the bike to suddenly stop and catapulting Lee over his handlebar and into an oncoming vehicle. The driver, who had been driving uphill, did not have sufficient time to react, and despite wearing a helmet, Lee was fatally injured. The lawsuit filed on behalf of Nancy Lee and their two daughters, Monica and Samantha, alleges that the city should be held responsible for the funeral and burial expenses, as well as the lost wages resulting from the Lee’s unexpected death. The grieving family is seeking [...] Read more »
On Monday morning, a couple from Bakersfield won the first transvaginal mesh injury lawsuit against medical device manufacturer, C.R. Bard. The plaintiff Christine Scott was awarded a $5.5 million verdict in a lawsuit alleging Bard Medical had marketed and sold a device they had known to be unsafe. The Avaulta mesh Christine had received to treat her urinary incontinence caused her serious pain as her colon tissue continued to grow through the tiny holes of the device. By the time Christine considered a lawsuit, she had already undergone eight revision surgeries, but continues to suffer from complications and may still require additional surgeries in the future. Recalling Transvaginal Mesh Devices Although C.R. Bard had discontinued its sale of the Avaulta mesh earlier this month on July 1, 2012, the company continues to sell its dangerous device in other countries. In addition, there is several other transvaginal mesh devices remain on the market. Manufactured by other medical device companies that pose the same risks as the Avaulta mesh implant, such as: Mesh erosion Mesh contraction Neuro-muscular problems Vaginal scarring Vaginal wall shrinkage Pain during sex FDA Review of Transvaginal Mesh Devices Last year, the FDA issued a notice, informing patients and healthcare providers of the potential risk for serious complication related to transvaginal mesh devices. In its review, the FDA concluded that surgeries performed [...] Read more »