Chain | Cohn | Stiles matches donation to MADD Kern County by mother of Tehachapi teenager who died after being struck, killed by DUI driver

August 23, 2017 | 8:44 am


The mother of Leslie Balderrama, a Tehachapi teenager who was struck and killed by a DUI driver in 2015, has donated $2,500 to Mothers Against Drunk Driving, Kern County, following the settlement of her wrongful death lawsuit.

Chain | Cohn | Stiles, the law firm that represented mother Denise Natividad, matched the donation. The terms of the settlement are confidential.

“When we became victims of a DUI crime, MADD Kern County became our advocate and worked hard to make sure we had a voice, and treated our family with compassion,” said Denise Natividad, mother of Leslie Balderrama. “We’re able to give back now and help another local family who unfortunately will have to deal with the aftermath of the actions of a drunk or drugged driver.”

Added Matt Clark, Chain | Cohn | Stiles attorney for the Natividad family:

“The crash that claimed the life of Leslie Baldarrama was incredibly tragic and 100 percent avoidable like all DUI crashes. Our law firm is honored to continue to help MADD Kern County, and it’s touching to know that Leslie’s family feels the same way.”

The $5,000 will go toward the fourth annual Bakersfield Walk Like MADD & MADD Dash, MADD Kern County’s annual event that raises funds to help innocent victims of local DUI crashes, raises awareness of the DUI epidemic in our community, and helps fund MADD Kern County programs, including the court advocate program that helped the Natividad family through the criminal trial. Chain | Cohn | Stiles is serving as a presenting sponsor for the event.

“Our wish is to get to a point where MADD Kern County’s services aren’t needed,” said Carla Pearson, victim services specialist with MADD Kern County. “Until then, we’re grateful for the support from Denise Natividad, which helps us continue to advocate for victims, and fight to end drunk and drugged driving in Kern County forever.”

The 2017 Bakersfield Walk Like MADD & MADD Dash will be held the morning of Sept. 23 at Park at River Walk. You can help by signing up to walk, run (free kid’s fun run, 5K or 10K), joining as a team captain, donating or volunteering. The family of Leslie Balderrama has formed a team, and will be in attendance. For more information, go to walklikemadd.org/bakersfield.

Since 2009, our community has seen at least 4,000 DUI arrests made each year, with 4,056 DUI arrests in 2016, according to the Kern County District Attorney’s Office. That’s more than 11 DUI arrests per day. Sadly, many impaired drivers weren’t stopped in time, and instead caused major damage to innocent lives.

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If you or someone you know is injured in a crash at the fault of someone else, please contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the website chainlaw.com.

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Chain | Cohn | Stiles files lawsuit for family of woman killed in crash with Sheriff’s deputy

July 15, 2015 | 11:13 am


Chain | Cohn | Stiles has filed a wrongful death lawsuit on behalf of the family of 72-year-old Nancy Joyce Garrett, who was killed when a Kern County Sheriff’s Office patrol car operated by Deputy Nicholas Clerico struck and killed her.

The filing of the lawsuit is on the heels of the release of the California Highway Patrol’s Multidisciplinary Accident Investigation Team (MAIT) report regarding the crash that occurred on Sept. 28, 2014, at the intersection of North Chester Avenue and China Grade Loop in Oildale. The report finds Deputy Clerico at fault in the crash, and the CHP report recommended that a vehicular manslaughter charge be filed against the deputy.

Nancy was a friendly neighbor, a caregiver for our community, an active blogger, and the pillar of her family. She was a drug and alcohol counselor for the Kern County Mental Health Department, and also volunteered her time as a substance abuse counselor for STEPS, a local nonprofit that provides DUI awareness services. At the time of the crash, she was returning home from a Los Angeles Dodgers baseball game she attended with her family and friends.

Chain | Cohn | Stiles attorney Matt Clark was joined by Garrett’s grown children, Mark McGowan and Deborah Blanco, for press conference on July 9 to discuss the case, the 230-page MAIT report, and the lawsuit.

To view media coverage of the crash involving Garrett and Clerico and Chain | Cohn | Stiles representation of Garrett’s family, click here. To see media coverage following the press conference and filing of the lawsuit, view them below.

The unveiling of the MAIT report, the filing of the lawsuit by Chain | Cohn | Stiles and subsequent media coverage of the wrongful death case also comes in the midst of yet another tragic crash involving a Kern Count Sheriff’s deputy.

A 59-year-old motorcyclist Bakersfield man riding a motorcycle died Tuesday evening in Oildale when his motorcycle struck a patrol car driven by a deputy responding to an emergency call, according to local media reports. The crash is under investigation.

The crashes and lawsuits also come just a few years following another high-profile case represented by Chain | Cohn | Stiles involving a fatal crash with a Kern County Sheriff’s deputy.

On Dec. 16, 2011, Kern County sheriff’s deputy John Swearengin struck and killed Daniel Hiler, 24, and Chrystal Jolley, 30, as they pushed a motorcycle across Norris Road. Swearengin was traveling at more than 80 mph in a 45-mph zone, without activating his emergency lights or siren. Chain | Cohn | Stiles sued the County of Kern on behalf of the families, and settled last year for $8.8 million.

In the lawsuit related to Nancy Garrett, her family and attorneys are asking for changes within the sheriff’s department in how deputies are trained properly throughout Bakersfield and other communities across Kern County.

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Witnesses in CCS wrongful death case file lawsuit for cell phone seizure

March 26, 2014 | 11:12 am


Another lawsuit has been filed related to our wrongful death case against local law enforcement.

Five witnesses to the May 2013 confrontation between law enforcement and David Silva have filed a lawsuit in federal court, according to The Bakersfield Californian, alleging they were unlawfully detained and law enforcement improperly seized their cell phones they used to record the in-custody death.

After the witnesses recorded the incident, Kern County Sheriff’s investigators “continued to harass, threaten, intimidate, pressure” the witnesses until they received the cellphones used to take video, they allege.

Seven deputies and two California Highway Patrol officers confronted Silva outside of Kern Medical Center. Deputies used baton strikes on Silva, restrained him, and a police canine was also used and bit Silva several times

After Silva was custody, he experienced trouble breathing and died soon after. The beating to Silva, according to CCS complaint, ultimately resulted in his death.

Chain | Cohn | Stiles filed a wrongful death lawsuit on behalf of the family of David Silva. And CCS Managing Partner David K. Cohn has spoken out against the officers’ alleged actions, too.

The case drew widespread media attention and concern throughout Kern County, the state and across the country. The New York Times and Los Angeles Times were among dozens of media outlets that covered the case.

Kern Sheriff Donny Youngblood asked the FBI to conduct a parallel investigation into the case after the incident. And the case in ongoing.