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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MEDIA COVERAGE

PREVIOUS MEDIA COVERAGE

Fatal Hit-and-Run

Wrongful Death Lawsuit

Sentencing

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 in case of Tehachapi teenager killed in DUI hit-and-run

February 17, 2016 | 10:41 am


Chain | Cohn | Stiles has filed a wrongful death lawsuit in the hit-and-run death of a pedestrian — a Tehachapi teenage girl — in which the driver was driving under the influence, according to California Highway Patrol reports.

Local media covered a press conference Wednesday morning hosted by Matthew C. Clark and Neil Gehlawat from the personal injury and workers’ compensation* law firm. They were joined by the mother and sister of Leslie Balderrama, who was killed in October last year.

Read the news release and click the media links to see full coverage of the press conference and criminal case.

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Bakersfield, Calif. – Leslie Elaine Balderrama was a freshman at Tehachapi High School who excelled in school and out of school, including on the basketball court and through various volunteer endeavors. Add her contagious smile and bright personality, and Leslie was in a league of her own, her family says.

On Oct. 10, 2015, Leslie was walking home from a friend’s house when she was suddenly struck by a pickup truck on the dirt right shoulder of State Route 202.  She eventually succumbed to her injuries, just 15 days shy of her 15th birthday.

The occupants of the truck – Issac Macias, 20, and passenger Ibrahim Essa Gomes, 19 – fled the scene of the crash without calling the police or summoning medical help.  Both Macias and Gomes were under the influence of alcohol at the time of the crash.  After the pickup collided with Leslie, Gomes got out of the pickup and looked at her, telling CHP officers later that “she didn’t look like she got that messed up,” despite her not moving. Macias never got out of the pickup.

Despite driving under the influence of alcohol, killing Balderrama, and fleeing the scene, Macias to this date has not been charged with a crime. Gomes, too, has not been charged.

On Wednesday, Chain | Cohn | Stiles will file a wrongful death lawsuit on behalf of Leslie’s mother, Evelyn Denise Natividad, against Macias and Gomes, as well as Exelon Generation Company, LLC and First Solar, Inc., who employed Macias at the time of the collision and entrusted him with the pickup.

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During the press conference, attorney Matt Clark called the suspects in the crash “despicable” and said he has confidence that the Kern County District Attorney’s Office is working on filing criminal charges against the two.

“In my opinion, that is truly despicable conduct. They have every obligation to summon medical help,” Clark said of the hit-and-run under the influence that left Leslie dead. “I have every reason to believe charges are coming. In this type of case, there really needs to be an example set.”

Additionally, mother Denise Natividad spoke about her daughter, and her commitment to school, sports and her community.

“It’s hard every day I have to live without her.”

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MEDIA COVERAGE (FATAL HIT-AND-RUN)

MEDIA COVERAGE (PRESS CONFERENCE / WRONGFUL DEATH LAWSUIT)

MEDIA COVERAGE (SENTENCING)

Chain | Cohn | Stiles represents victims in deputy sexual assault cases

September 9, 2015 | 8:36 am


Two years ago, three women in Tehachapi thought that when a Kern County Sheriff’s deputy came to their homes, they would be safe and protected. Instead, they were subjected to traumatic experiences when they were sexually assaulted at the hands of former deputy Gabriel Lopez.

Lopez pleaded no contest to two counts of assault by a public officer, two counts of false imprisonment, and two counts of sexual battery. In support of two victims represented by Chain | Cohn | Stiles, attorneys David Cohn and Neil Gehlawat attended Lopez’s sentencing recently where Lopez’s victims spoke.

Lopez forced one woman to disrobe, after responding to a reported burglary at her home. In another case, Lopez took the woman into a back room and sexually assaulted her, she told the court. Now, she said, she fears law enforcement and is afraid to ask for help if something goes wrong.

“Apologies are nice, but they can’t change what happened and how it affected someone’s life,” she told Judge John S. Somers before his sentencing, according to The Bakersfield Californian.

Somers said Lopez was in a position of power and trust, and therefore rendered his victims powerless against him. If they fought against him, he had the power to have them arrested.

In the end, Somers denied Lopez’s request for felony probation and sentenced him to two years in prison. He will also have to register as a sex offender when he is released.

After the sentencing, the attorneys at Chain | Cohn | Stiles spoke with local media about the sexual assault civil case.

“Today at least some justice has been served,” Neil Gehlawat told Eyewitness News after the sentencing. “And I think she can sleep better tonight knowing that this man who did these horrible things to her will be in prison now for two years.”

Attorney David K. Cohn told Bakersfield media that the client who was present at sentencing was relieved Lopez received a prison term, but thinks he deserved more than two years. At a press conference in 2013 announcing the lawsuit, Cohn described Lopez as a “predator” and a “sexual deviant.”

“How does a person like this get through the system?” he asked. “How does he become a sworn officer?”

The civil lawsuit is ongoing.

Chain | Cohn | Stiles also represents 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.

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MEDIA COVERAGE

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If you or someone you know has been the victim of police misconduct or sexual assault at the hands of someone in authority, please contact the attorneys at Chain | Cohn | Stiles by calling 661-323-4000, or visit the website chainlaw.com.