Chain | Cohn | Stiles files lawsuit against Bakersfield convalescent hospital after patient’s fall, death

August 2, 2017 | 8:03 am


Chain | Cohn | Stiles has filed a lawsuit against Valley Convalescent Hospital in Bakersfield on behalf of the family of an 80-year-old patient who died as a result of neglect at the facility.

Robert Hopkins fell from his bed in February while housed at the facility after a nursing assistant failed to ensure a guard rail was properly set. He suffered a fracture in his vertebrae below the skull, spent a week in the hospital, returned to Valley Convalescent Hospital on Feb. 28, and died the following day.

The California Department of Public Health determined Hopkins’ death was a result of his fall. The Department fined the facility $100,000 and it received the most severe penalty under California law (Class AA Citation). Chain | Cohn | Stiles filed an elder neglect and wrongful death lawsuit on behalf of Hopkins’ family.

“The purpose of filing this lawsuit is to prevent these types of tragedies from occurring again in the future,” said attorney Neil K. Gehlawat. Chain | Cohn | Stiles announced the filing of the lawsuit during a press conference, streamed live by KERO-23, ABC. “Valley Convalescent and other skilled nursing facilities need to understand that if they drop the ball when it comes to patient safety, there will be consequences, and those consequences will be severe.”

Valley Convalescent Hospital has had a long history of complaints for elder abuse and neglect. Since 2012, the California Department of Public Health has recorded nine complaints of patients falling, and has taken action against the facility 15 times since 2006, according to reports. Valley Convalescent has been fined more than $160,000 since 2003. This year, it has received eight complaints, and the Department has found 28 deficiencies, reports show.

The family of Robert Hopkins hopes to prevent future similar incidents in Kern County. The Hopkins family is being represented by Neil K. Gehlawat and Felicia Schoepfer-Altmiller of Chain | Cohn | Stiles.

— By Michael Earnest for Chain | Cohn | Stiles

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VALLEY CONVALESCENT FINES, PENALTIES COVERAGE

LAWSUIT MEDIA COVERAGE

Chain | Cohn | Stiles lawyer Neil Gehlawat named to 2017 Super Lawyers “Rising Stars” list

July 5, 2017 | 2:11 pm


Neil Gehlawat, attorney and partner at the Bakersfield-based law firm Chain | Cohn | Stiles, has been named to the 2017 Super Lawyers “Rising Stars” list by Southern California Super Lawyers Magazine, the publication announced.

This is Gehlawat’s second straight year of earning the “Rising Stars” distinction, which is granted to just 2.5 percent of lawyers under the age of 40 in the Southern California region.

Each year, the Super Lawyers selection process includes independent research, peer nominations and peer evaluations. According to the program, Super Lawyers selects attorneys using a multi-phase selection process where each candidate is evaluated on 12 indicators of peer recognition and professional achievement. The objective of the recognition program is “to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.”

Chain | Cohn | Stiles partners David Cohn, James Yoro and Matthew Clark have also been chosen for the Super Lawyer list for those attorneys over the age of 40. This distinction is awarded to no more than 5 percent of lawyers in the Southern California region based on a high-degree of peer recognition and personal achievement. Non-Rising Stars Super Lawyers awardees are announced each January.

As part of the honor, those selected are highlighted in issues of Southern California Super Lawyers Magazine alongside other awarded legal professionals. They also receive profiles on superlawyers.com, which you can see by clicking here.

You can see Gehlawat’s mention in the magazine by clicking here.

All four partners at Chain | Cohn | Stiles were selected as Southern California Super Lawyers last year. For this achievement, the law firm has received a resolution from the California Legislature for the honor, presented by Michael Bowers from Sen. Andy Vidak’s Office, and signed by Vidak, Sen. Jean Fuller, Assemblywoman Shannon Grove and Assemblyman Rudy Salas.

Cohn, Clark and Gehlawat all work in Chain | Cohn | Stiles personal injury department, focusing on car accident, oilfield accident, civil rights, wrongful termination, wrongful death and other injury and accident cases. Gehlawat also focuses on civil rights, elder abuse and wrongful termination cases. Yoro leads the firm’s workers’ compensation* department.

To learn more about each of the attorneys and their practice areas, visit chainlaw.com.

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If you or someone you know is hurt on the job, or hurt in an accident at the fault of someone else, please contact the lawyers at Chain | Cohn | Stiles at (661) 323-4000, or visit the website chainlaw.com for more information.

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*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

Speak up for those who can’t during Elder Abuse Awareness Month

June 21, 2017 | 9:07 am


More than 500,000 incidents of elder abuse are reported to authorities each year in the United States. Additionally, an estimated 5 million, or 1 in 10, older Americans are abused or neglected each year, according to the U.S. Administration on Aging.

Sadly, many cases go unreported.

During June’s Elder Abuse Awareness Month, Chain | Cohn | Stiles wants to remind everyone of the importance of speaking up for those who can’t — our oldest, frailest and most vulnerable citizens. For decades, Chain | Cohn | Stiles has been at the forefront in fighting for victims of elder abuse in Bakersfield, Kern County and beyond. For example:

Joining Chain | Cohn | Stiles in honoring the awareness month locally, the Kern County Board of Supervisors recently proclaimed June as Elder Abuse Awareness month as well.

In all, Elder Abuse Awareness Month aims to focus attention on the problem of physical, emotional, and financial abuse of elders. It also seeks to understand the challenges and opportunities presented by an ageing population, and brings together senior citizens, and their caregivers, national and local government, academics, and the private sector to exchange ideas about how best to reduce incidents of violence towards elders, increase reporting of such abuse, and to develop elder friendly policies.

A challenge, however, lies in the reporting of elder abuse and neglect. For every case known to programs and agencies, 24 are unknown; for financial abuse, only one in 44 cases is known, according to the National Center of Elder Abuse.

So why does elder abuse go unreported? Many times, elders have no family to report to. They also fear retaliation from “caregivers,” or they feel shame in regards to abuse. Another reason is they fear they will lose independence, or fear they will upset their own family members. Many times, however, victims simply lack understanding of how to report abuse.

Another issue lies is recognizing elder abuse and neglect. In fact, elder abuse can take many forms including:

  • Physical abuse: Inflicting physical pain or injury on a senior (slapping, bruising or restraining by physical or chemical means).
  • Sexual Abuse: Non-consensual sexual contact of any kind.
  • Neglect: The failure by those responsible to provide food, shelter, health care, or protection for a vulnerable elder.
  • Exploitation: The illegal taking, misuse, or concealment of funds, property, or assets of a senior for someone else’s benefit.
  • Emotional Abuse: Inflicting mental pain, anguish, or distress on an elder person through verbal or nonverbal acts (humiliating, intimidating, or threatening).
  • Abandonment: Desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person.
  • Self-neglect: Characterized as the failure of a person to perform essential, self-care tasks and that such failure threatens his/her own health or safety.

Lastly, how do you recognize elder abuse and neglect, and what are the warning signs. Here are a few of them:

  • Bruises, broken bones, abrasions and burns may be an indication of physical abuse, neglect or mistreatment.
  • Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may be indicators of emotional abuse.
  • Bruises around the breasts or genital area can occur from sexual abuse.
  • Sudden changes in financial situations.
  • Bedsores, unattended medical needs, poor hygiene and unusual weight loss.
  • Behavior such as belittling, threats, and other uses of power and control by spouses are indicators of verbal or emotional abuse.
  • Strained or tense relationships, frequent arguments between the caregiver and elderly person.
  • If you notice changes in a senior’s personality or behavior, you should start to question what is going on.

It’s important to alert others if you have suspicions, and to retain an attorney. In an emergency, call 9-1-1. To report cases of elder abuse, whether it is on your own behalf or that of someone you know, please call Adult Protective Services as part of the Kern County Aging & Adult Services, or contact the Long-Term Care Ombudsman.

  • Adult Protective Services (APS) responds to reports from individuals, concerned citizens, social service and health providers, and law enforcement representatives about developmental disabled adults, physically and mentally disabled adults, and the elderly who may be physically or financially abused, neglected, or exploited. Upon receipt of a referral, APS sends a social worker to make a home visit or contact the elder or dependent adult. Reach the 24-hour hotline at 800-277-7866 or 661-868-1006.
  • The Long-Term Care Ombudsman Program investigates elder abuse complaints in long-term care facilities and in residential care facilities for the elderly. The primary responsibility of the program is to investigate and endeavor to resolve complaints made by, or on behalf of, individual residents in these facilities, including nursing homes, residential care facilities for the elderly, and assisted living facilities. The goal of the program is to advocate for the rights of all residents in long term care. You can reach them at 661-323-7884.

— By Alyssa Wood for Chain | Cohn | Stiles

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If someone you know is the victim of elder abuse or neglect, it’s important to retain an elder abuse lawyer right away. Chain | Cohn | Stiles has been representing victims of elder abuse and neglect for decades. Reach the elder abuse law firm at (661) 323-4000, or visit the website bakersfieldelderabuse.com.

Chain | Cohn | Stiles joins MADD to honor local officers, prosecutors fighting to end DUI crimes

June 15, 2017 | 8:27 am


Mothers Against Drunk Driving (MADD), Kern County recognized and honored local law enforcement officers and prosecutors on Wednesday, June 14, for their valiant efforts in helping stop DUI crimes.

Bakersfield-based personal injury and workers’ compensation law firm Chain | Cohn | Stiles was proud to be a sponsor, supporter and organizer of the event.

In all, more than 70 officers from throughout Kern County agencies were awarded at the 2017 Kern County MADD Law Enforcement and Prosecutor Recognition ceremony, held at Hodel’s Country Dining in Bakersfield. Prosecutors from the Kern County District Attorney’s Office were also honored, with the highest awards going to the top prosecutor, top probation officer, and the top law enforcement officer.

“These local heroes are potentially helping save lives by removing DUI offenders from our streets,” said Carla Pearson, victim services specialist for MADD Kern County. “They deserve recognition for making our communities throughout Kern County safer.”

To view the names of all of the officers awarded, click here. Among the top award winners were:

  • Probation Department Award, Deputy Luis Gomez: While Deputy Probation Officer Luis Gomez does not conduct traffic stops to arrest DUI offenders, he does work hard at keeping the community safe by supervising felony probationers to ensure they are not consuming alcohol. He also works tirelessly to ensure these offenders remain in compliance with the orders of the court. Through funding provided by the Office of Transportation and Safety, Officer Gomez supervises 75 high-risk, felony and repeat DUI offenders. In 2016 alone, Officer Gomez conducted 947 home calls and 855 office conferences with these dangerous offenders. In 2016, he conducted 522 urinalysis tests by ETG device and 1,125 Breathalyzer tests. Officer Gomez has been swift in his responses to those who violate Court orders by arresting them or placing them on monitoring programs in an effort to reduce their alcohol consumption. Officer Gomez’ diligence in supervising these high-risk worst of the worst DUI offenders is commendable and has gone a long way to help keep our streets safer for the citizens of Kern County.
  • Top Prosecutor 187 Award, Kern County Supervising Deputy District Attorney Michael Yraceburn: Michael Yraceburn prosecuted the nation’s first successful murder conviction for driving while impaired by marijuana. That March 2014 crash, in which the suspect was driving close to 80 miles per hour before losing control, killed David Aggio on impact. The suspect was sentenced to 20 years to life.
  • Top Law Enforcement, Bakersfield Police Officer Louis James: Officer James was reassigned to the Bakersfield Police Department’s Traffic Section in July 2015. Since then, he has primarily worked the graveyard shift. As a result, he has been one of the most, if not the most, productive traffic officer in regards to DUI enforcement. Though he was assigned to the traffic section for only a year and a half, he maintained his aggressive DUI enforcement to make the citizens of Bakersfield safer. In 2015, He received an award from MADD California for his efforts, and in 2016 he arrested 247 DUI drivers. This was the most of all traffic units within the department and one of the highest in California.

Prosecutor’s Awards were also handed out by the Kern County District Attorney’s Office, and were awarded to Kim Richardson, Garrett Rice and Brad Taconi.

The awards ceremony returned to Bakersfield for 2017 after the loss of federal grant funding and budget cuts prevented the 2016 awards luncheon from being hosted in Kern County. This year, several community sponsors, working with MADD Kern County’s Advisory Board, stepped up to make sure officers from all Kern County agencies were being honored for their work in fighting against DUI crimes.

The MADD Kern County Advisory Board includes Chain | Cohn | Stiles attorney Neil Gehlawat and marketing director Jorge Barrientos.

Sponsors for the awards luncheon included anonymous donors, Chevron, Kern Federal Credit Union, Bakersfield Police Officers Association, Greenlawn Mortuary, Raymond’s Trophy, Clifford & Bradford Insurance Agency, Sally Herald CPA, and Chain | Cohn | Stiles.

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.

The awards luncheon is one of two MADD Kern County signature events aimed to bring awareness of the DUI epidemic in our community, and fight toward ending DUI crimes here. Bakersfield’s 2017 Walk Like MADD & MADD Dash — presented by Chain | Cohn | Stiles — will be held on Saturday, Sept. 23, at Park at River Walk.

You, too, can be involved in the fight to end drunk and drugged driving locally. You can help by signing up as a walker, runner (5K or 10K), team captain, or volunteer. Parents: The event also features a kid’s “fun run,” where each child of walk and race participants gets a free superhero cape. You can even get involved if you aren’t able to attend by signing up as a “virtual walker,” or by asking a donation toward a participant or team who has been affected.

For more information on that event, go to walklikemadd.org/bakersfield.

— Alyssa Wood of Chain | Cohn | Stiles contributed to this report. 

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MEDIA COVERAGE

Chain | Cohn | Stiles files wrongful death claim on behalf of family of man who died while in Lemoore police custody

March 29, 2017 | 9:12 am


The family of Donald Hill, a 30-year-old Central Valley man who died in December after being restrained by police officers, announced the filing of a wrongful death claim against the City of Lemoore.

Bakersfield-based personal injury and workers’ compensation law firm Chain | Cohn | Stiles is representing the Hill family in their  wrongful death claim.

Hill, a civilian employee at Naval Base San Diego, died on Dec. 31, 2016 while he was being restrained by Lemoore police officers near the 1100 block of Pine Court. A “spit hood” was placed over Hill’s head, he was restrained chest down with weight on his back, and he vomited and stopped breathing. After he became unresponsive, he was transported to Adventist Medical Center in Hanford, where he was pronounced dead.

Hill’s family has many unanswered questions about the death of their loved one, which they believe to have been avoidable and preventable. They don’t understand why Hill couldn’t have been taken safely into custody without killing him.

“Donald, or ‘Donnie’ as he was affectionately known, was a young and vibrant man who had much of his life ahead of him,” his family said in a statement. “Donnie was blessed with a warm smile and calm, easy-going spirit. Those who knew him best would tell you he always treated people with love and respect. He cared for his family and friends very deeply, and was a constant fixture in the lives of his mother, brothers, nieces, nephews and many close friends. His sudden loss hurts us all to the core. We’ve all been left with an empty feeling since his passing and the events surrounding his death make it harder to move on.”

Added Chain | Cohn | Stiles attorney Neil Gehlawat during a March 23 press conference in front of Lemoore City Hall after the filing the claim: “Officers went to the scene of the home on Pine Court and Mr. Hill was restrained by officers with the Lemoore Police Department. And as a result of being restrained and having a spit mask put on his face and being handcuffed, he ultimately died. The question in our mind is what caused the heart to stop beating . And we have a strong suspicion that the conduct that led up to Mr. Hill’s passing is what caused his heart to stop.

He continued: “The purpose of us filing this claim and the purpose of us filing this lawsuit is the search for the truth.”

Prior to working for the Navy, Hill served as a Coast Guard civilian for two years in Alaska. Hill was a member of the Lemoore High School football and baseball teams, and also played squadron sports while working for the Navy and Coast Guard.

Kings County Sheriff’s Office and Kings County Multi-Agency Critical Incident Team is continuing their investigation. The claim is being filed on behalf of the mother of Donald Hill, Diane Hill, who is represented by Gehlawat of Chain | Cohn | Stiles as well as Thomas C. Seabaugh of The Law Office of Thomas C. Seabaugh.

These attorneys represented the family of David Silva, who died in police custody under similar circumstances in Bakersfield.

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MEDIA COVERAGE

Sexual harassment in the workplace persists, but with the law on the victim’s side

February 15, 2017 | 8:48 am


The following article written by Chain | Cohn | Stiles lawyer Neil Gehlawat appeared in the February-March 2017 issue of the Kern Business Journal. To view the PDF print version of the Kern Business Journal click here, and read the entire publication, click here

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Sexual harassment is, unfortunately, still a prevalent occurrence in the workplace.

According to a recent study conducted at the South by Southwest conference in 2016, two-thirds of women reported having experienced “unwanted sexual attention” at work. Moreover, a survey conducted by Cosmopolitan magazine revealed that one in three women between the ages of 18 and 34 have been sexually harassed at work. Sexual harassment is evidently more prevalent in the service industry, where a 2014 survey by the Restaurant Opportunities Centers United found that 90 percent of women feel forced to “curry favor” with their customers when working for tips.

Even worse, 70 percent of women who experience sexual harassment in the workplace do not report for fear of repercussions, according to the U.S. Equal Employment Opportunity Commission. This is a disappointing statistic, because there are laws in place both in California and in the United States to protect employees from sexual harassment in the workplace.

In California, the Fair Employment and Housing Act, or FEHA, applies to both public and private employers and prohibits sexual harassment against employees, applicants, volunteers, unpaid interns and even contractors in the workplace. You can file a complaint online by visiting the California Department of Fair Employment and Housing (DFEH) website, but it is recommended that you contact an attorney before making such a complaint. The statute of limitations in California requires employees to obtain a right to sue notice letter from the DFEH within one year of the alleged harassment. The employee then has one year from the date of the right to sue notice letter to file a lawsuit.

Moreover, the FEHA requires employers of 50 or more employees to provide sexual harassment training to supervisory employees. The FEHA department permits employees to submit complaints if they have reason to believe that their employer has not complied with this requirement.

Sexual harassment is also prohibited under federal law. The U.S. Equal Opportunity Employment Commission defines sexual harassment as unwelcome sexual advances or conduct of a sexual nature which unreasonably interferes with the performance of a person’s job or creates an intimidating, hostile, or offensive work environment. Sexual harassment can range from inappropriate sexual jokes, to inappropriate touching. Title VII of the Civil Rights Act of 1964 specifically protects employees from sex-based discrimination, which includes sexual harassment, in the workplace and applies to employers with 15 or more employees.

I advise victims of sexual harassment to take the following steps.

  • First, tell the person harassing you to stop. You may do so in person, but you should also put your request in writing; for example, in the form of an email.
  • If this does not work, or if you are uncomfortable about taking such action, consult your employment manual. You need to follow the protocol laid out in the employment manual, if it exists.
  • If it does not exist, you should notify your human resources department or your supervisor, and inform them – in person, and in writing – about the sexual harassment. If the harassment persists, even despite taking the above steps, then you should contact an attorney immediately to weigh your options.

It is illegal under both state and federal law for an employer to retaliate against an employee for making a sexual harassment complaint. If you are the victim of sexual harassment in the workplace, document your complaints in writing, take action, and always remember that the law is on your side.

Neil Gehlawat is a partner with the Bakersfield-based personal injury and workers’ compensation law firm Chain | Cohn | Stiles, where he focuses on civil rights, employment and wrongful death cases.

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If you or someone you know has been sexually harassed on the job, or has been wrongful terminated, please call the employment lawyers at Chain | Cohn | Stiles right away at (661) 323-4000 or visit the website chainlaw.com.

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MEDIA COVERAGE / RELATED ARTICLES

Chain | Cohn | Stiles files claims on behalf of two students wrongfully arrested by Bakersfield police

February 1, 2017 | 9:35 am


Chain | Cohn | Stiles and the Bakersfield Chapter of NAACP announced the filing of government claims for wrongful arrest, excessive force and racial profiling against the city of Bakersfield and Bakersfield Police Department on behalf of two local college students.

After a night of studying on Dec. 5, Bakersfield College students Timothy Grismore, 21, and Xavier Hines, 19, were walking on the sidewalk on their way to get something to eat at Taco Bell when an unmarked patrol car approached them on Valhalla Drive, behind West High School, and shined lights on them. Two individuals, who later identified themselves as police officers, asked if Grismore and Hines were on probation or parole, and began to search them. The officers then slammed Grismore on the ground and struck him with batons, after he asked why he was being searched. He suffered bruises on his body and needed stitches to close wounds on his face and. Both young men were detained overnight.

The Kern County District Attorney’s Office refused to file charges against them, stating the young men violated no laws, and the officers had no right to stop the two, search them or detain them.

“There was no reason whatsoever for these two young men to be stopped, let alone assaulted and detained overnight,” said Neil K. Gehlawat, Chain | Cohn | Stiles attorney for Grismore and Hines. “But perhaps what is most troubling is that the actions of these officers that night appeared to be racially motivated. The officers did what they did because they believed that Timothy and Xavier were affiliated with a gang – a conclusion we feel they reached only because the two young men were black.”

The announcement of the filing of the claim comes one month after the state Attorney General’s Office announced its civil rights investigation into the “pattern and practice” of excessive force by local law enforcement.

With the help of NAACP Bakersfield, the young men posted a video discussing the wrongful arrest, which has garnered nearly 250,000 views on the organization’s Facebook page.

The night of the claim filing, NAACP Bakersfield Chapter President Patrick Jackson — along with Hines, Grismore and members of the community — rallied and spoke at the Bakersfield City Council meeting.

The case is ongoing.

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UPDATE

The FBI began investigating the case in January. Gehlawat told The Bakersfield Californian he doesn’t think it’s at all common for the FBI to conduct investigations like this. Hines and Grismore were interviewed by agents.

“I imagine they would be looking to see if there was any criminal conduct on the part of any of the parties,” Gehlawat told The Californian. “We’re obviously hopeful they’ll find some wrongdoing on the part of the officers because we think that all the evidence from that night suggests these officers had no reason to ever apprehend Xavier or Timothy, let alone physically assault them.”

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MEDIA COVERAGE — ARREST/VIDEO

MEDIA COVERAGE — CLAIM FILED

UPDATES

5 notable case results from 2016 include motorcycle accident, civil rights, car accident cases

January 18, 2017 | 10:16 am


With 2017 just beginning, we wanted to take a look back at some noteworthy case results Chain | Cohn | Stiles obtained for the people of Kern County in their accident, wrongful death and workers’ compensation* cases.

 

$10 million — Motorcycle Accident 

In June 2014, 27-year-old John Doe was riding his motorcycle in the Oildale area. At that same moment, Doe Defendant was driving a mobile crane while in the course and scope of his employment with Doe Crane Company. He pulled out of a driveway and directly into the path of John Doe’s motorcycle, who was unable to avoid the collision. As a result, John Doe suffered catastrophic injuries, and after undergoing surgical procedures, he lost his right leg. Later, the plaintiff complained of impaired memory, concentration and behavioral alterations, anxiety, headaches, insomnia, pain, weakness and numbness in all extremities, and phantom leg pain.

David K. Cohn of Chain | Cohn | Stiles represented John Doe.

The law firm argued that the crane company negligently entrusted, supervised, and trained the driver, and also did not properly maintain the property, which created a dangerous condition that blocked views of employees from exiting the facility. Additionally, the company failed to terminate the driver, who had a blood alcohol level of .02 or above.

In early 2016, Chain | Cohn | Stiles settled the motorcyclist accident case for $10 million.

 

$3.4 million — Civil Rights / Wrongful Death

On the night of May 7, 2013, David Sal Silva fell asleep in front of a home in east Bakersfield, across from Kern Medical Center. Several law enforcement officers arrived on scene and proceeded to use unreasonable and excessive force in striking Silva with batons several times all over his body, while he screamed for his life and repeatedly begged the officers to stop.

After being repeatedly beaten, bitten and hog-tied, Silva stopped breathing. And shortly after midnight, Silva was taken to Kern Medical Center, where he was pronounced dead.

These events and those that followed after this night made international news, including the wrongful death lawsuit filed by Chain | Cohn | Stiles on behalf of Silva’s family in 2013. Attorneys Neil Gehlawat and David Cohn represented the family.

On Wednesday, May 4, 2016, a settlement was reached by Silva’s family for $3.4 million. To read a full chronology of events from the case, click here.

 

$2.25 million — Car Accident 

Ms. Vargas was riding as a passenger in a car when a 2004 Ford Escape rear-ended her vehicle while stopped at a stop sign in Porterville, and suffered severe injuries as a result. The driver of the Ford Escape was in the course and scope of her employment with defendant VNZ Payroll Services.

Matthew Clark of Chain | Cohn | Stiles represented Vargas, who suffered severe personal injuries including fractured acetabulum, facial lacerations and scars, neck and back pain and a traumatic brain injury, confirmed by CT and MRI studies.

In July, Chain | Cohn | Stiles settled Vargas’ car accident case for $2.25 million.

 

$1.5 million — Rear-End / Car Accident 

Ms. Contreras was on her way home from a family function when she stopped at a red light at 24th Street approaching Buck Owens Boulevard. At that time, she was rear-ended by Stephen Domingue, who was in Bakersfield on business for Mason Specialty Tools, LLC.

The force of the impact was sufficient to push Contreras’ vehicle in the rear end of the vehicle in front of her. Domingue was found to be at fault by the Bakersfield Police Department for unsafe speed for prevailing conditions. As a result of the collision, Contreras suffered personal injuries, including traumatic disc herniation, and retained Chain | Cohn | Stiles.

The accident exacerbated Contreras’ lumbar spine disease and hastened the need for surgery and the need for early medical retirement. Doctors advised she would have some pain and limitations for the rest of her life. In 2016, Chain | Cohn | Stiles resolved her personal injury case for $1.5 million.

 

$1 million — Police Misconduct / Sexual Abuse  

This case arises out of the sexual assault of plaintiff Jane Doe in her Tehachapi home by Defendant Gabriel Lopez while in the course and scope of his employment with the Kern County Sheriff’s Office and the County of Kern. Lopez is currently serving time in prison for the acts committed against plaintiff (and another victim).

As a result of the sexual assault, plaintiff suffered and continues to suffer from post-traumatic stress disorder, anxiety, and depression. She did not feel comfortable discussing the incident for approximately one year after the incident due to feelings of embarrassment and repression. Plaintiff’s expert psychologist has diagnosed her with PTSD and Major Depressive Disorder, based on her interviews with Plaintiff and psychological testing conducted.

Chain | Cohn | Stiles represented the sexual assault victim, and in 2016 resolved her case for $1 million.

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For more results and case information, visit the Chain | Cohn | Stiles website at Chainlaw.com.

*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

These results do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Chain | Cohn | Stiles files lawsuit on behalf of third victim sexually abused by Kern County juvenile corrections officer

October 5, 2016 | 9:14 am


Chain | Cohn | Stiles and the Law Office of Thomas C. Seabaugh have filed yet another lawsuit in federal court against the County of Kern and a juvenile corrections officer on behalf of a young woman who was sexually abused at juvenile hall.

This is the third case this team of attorneys has filed on behalf of a survivor of sexual abuse by corrections officers at James G. Bowels Juvenile Hall, and the second case allegedly involving officer George Anderson.

“The fact that we have three girls over the course of about six months, who have come forward to report sexual abuse by corrections officers, points to systemic problems at juvenile hall, and not just a few bad apples,” Chain | Cohn | Stiles attorney Neil Gehlawat said.

The victim, identified as “Jane Doe,” alleges that the sexual abuse violated her rights as protected by the U.S. Constitution as well as California law. In addition to seeking damages, the victim is alleging that she was failed by the deficient oversight, training, and practices at Kern’s juvenile hall, which provided the perpetrator with opportunities that he was able to exploit.

“The purpose of these victims’ stay at juvenile hall was to help them to get back on the path towards a normal life. Instead, law enforcement officers exploited their power and authority over these girls, who already represent some of the most vulnerable members of our society, with devastating consequences for the survivors and their families,” Seabaugh said. “This lawsuit is in the public interest, because it involves accountability and consequences for those who were responsible.”

The victims in these cases are represented by attorneys Gehlawat and Seabaugh. They filed two claims against the County of Kern in 2015 on behalf of two females who were sexually assaulted in separate incidents by Kern County Juvenile Corrections officers while the girls were housed at James G. Bowels Juvenile Hall.

In one of the cases, Jane Doe 1 was housed at James G. Bowles Juvenile Hall from June 2014 through February 2015. While there, she enrolled in the Pathways Academy commitment program. Throughout September 2014, Kern County Corrections officer Cesar Holguin Navejar allegedly sexually assaulted her. When she reported the incident, supervisors initiated an administrative and criminal investigation. On Oct. 30, 2014, Navejar was arrested on suspicion of sexually assaulting Jane Doe 1.

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If you or someone you know if sexually abused by someone in power, contact our lawyers right away. Call 661-323-4000, or visit the website chainlaw.com.

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MEDIA COVERAGE

PREVIOUS CASE MEDIA COVERAGE

Chain | Cohn | Stiles sponsors back-to-school shopping spree for local disadvantaged youth

August 3, 2016 | 6:00 am


The 2016-17 school year is nearly here, which means many parents and children are preparing to go back-to-school shopping.

Unfortunately, that may not be the case for many underprivileged children in Kern County whose families are not be able to afford new clothes and supplies for the upcoming school year. But more than 200 of these local students and families won’t have to worry this year thanks to the Bakersfield Active 20-30 Club‘s annual “Childspree” back-to-school shopping program.

And Chain | Cohn | Stiles, for the third year, is partnering with the nonprofit in the annual program as a sponsor.

The event takes dozens of youth shopping at Kohl’s department stores in Bakersfield, and this year will be held on Saturday, Aug. 6. Each child is given a backpack filled with school supplies along with a $100 Kohl’s gift card for clothes. Volunteers, including several attorneys and employees at Chain | Cohn | Stiles, help the children pick out their clothes.

“To see the children smile from ear to ear when they realize they will have a new pair of shoes for the school year, or new jeans, is amazing,” said David Cohn, managing partner of Chain | Cohn | Stiles. “We’re just happy to be able to help some of our local families in need.”

Along with Chain | Cohn | Stiles and Active 20-30 Club of Bakersfield, other participating groups include CASA of Kern County, Community Connection for Child Care, California Youth Connection Kern County, and Boys & Girls Clubs of Kern County.

The event is truly helpful for many underprivileged families, and one that children and volunteers alike look forward to, said Brain Dean, former president of the Bakersfield Active 20-30 Club, in last year’s coverage of the event by The Bakersfield Californian.

“I feel it is important to help children in need so we can provide them some great experiences while growing up, as well as help them become successful, confident members of society,” Dean said.

Some past volunteers include the law firm’s very own worker’s compensation* lawyer James Yoro and wife Rev Yoro, as well as personal injury attorneys Neil Gehlawat and Matt Clark. Click here to view photos from past year’s event.

Active 20-30 Club of Bakersfield was founded in 1928, and hosts several events each year to benefit local children’s charities. For more information on “Childspree” and other Active 20-30 Club events, visit www.active2030.org. And to see more of Chain | Cohn | Stiles’ community involvement, please visit our Community web page by clicking here.

— By Evelyn Andrade for Chain | Cohn | Stiles

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MEDIA COVERAGE

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*Notice:  Making a false or fraudulent worker’s compensation claim is a felony subject to up to five (5) years in a prison or a fine of up to $150,000.00 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.