Radio show: CCS managing partner speaks on Silva wrongful death case

June 23, 2014 | 9:21 am


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CCS Managing Partner David Cohn on Saturday was a special guest on a national radio show to discuss the ongoing wrongful death case involving David Silva.

To listen to the hour-long interview, which also features the brother of David Silva — Chris Silva — press play on the player above, or CLICK HERE.

The two were the guests of Jacque DelRio, who hosts the radio show, Chicano Chronicles. The program is featured by the Progressive Democrats of America, a political organization that works inside the Democratic Party and outside in movements for peace and justice.

The focus of Saturday’s program was an ongoing wrongful death case involving David Silva, brought by Bakersfield personal injury law firm. Here’s a synopsis on that case:

On the night of May 7, 2013, David S. Silva was 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.

Shortly after midnight, Silva was taken to Kern Medical Center, where he was pronounced dead.

On the one-year anniversary of the event, veteran personal injury attorney David Cohn — who is representing the family of David Silva — released the following statement:

“Today marks the one-year anniversary of the tragic and unfortunate death of David Silva at the hands of local law enforcement from the Kern County Sheriff’s Office and the California Highway Patrol. Although disappointed, we were not surprised by District Attorney Lisa Green’s decision several weeks ago to not pursue criminal charges against these officers. That being said, we remain committed to obtaining justice on behalf of David and his entire family, especially his four children, who will be without a father for the rest of their lives. The road to obtaining justice will be a difficult one; however, we are confident that in the end, the truth will prevail and justice will be done. This case is certainly about David Silva and about what happened to him, but it is also about much more than that. It is about changing the culture of local law enforcement in this community, and holding law enforcement officers who use unreasonable and excessive force accountable for their actions.”

Chain | Cohn | Stiles filed a civil rights lawsuit in connection with the wrongful death of David Silva. The lawsuit arises out of an incident at the intersection of Flower Street and Palm Street in Bakersfield, when David Silva died as a result of unreasonable and excessive force used by six Sheriff’s deputies, a sergeant, and two California Highway Patrol officers. The complaint seeks damages on behalf of David’s four young children, his significant other, his parents and his brother, for the loss of love, affection, society, service, comfort, support, right of support, expectations of future support and counseling, companionship, solace and mental support, as well as other benefits and assistance of Silva.

Since Silva’s death, family members and other supporters have been rallying for justice. Among the most outspoken is David Silva’s brother, Chris, who was also a guest on the radio show.

Progressive Democrats of America was founded in 2004 “to transform the Democratic Party and our country.” The group seeks to build a party and a government controlled by citizens, not corporate elites, with policies that serve the broad public interest, not just private interests.

Chain | Cohn | Stiles marks one-year anniversary of David Silva wrongful death

May 8, 2014 | 10:50 am


Chain | Cohn | Stiles on Thursday morning released a statement to local media marking the one-year anniversary of the wrongful death of David Silva. The Bakersfield personal injury law firm is representing the family of Silva. For news coverage of the anniversary of Silva’s death, follow CCS on social media or return to this blog.

UPDATE: Several media outlets covered the one-year anniversary and protests. See them below.

The news release is as follows:

—–

May 8, 2014

NEWS RELEASE

FOR IMMEDIATE RELEASE

Family, attorney mark one-year anniversary of wrongful death of David Silva

Bakersfield, Calif. (May 8, 2014) – On the night of May 7, 2013, David S. Silva was 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.

Shortly after midnight, Silva was taken to Kern Medical Center, where he was pronounced dead.

“Today marks the one-year anniversary of the tragic and unfortunate death of David Silva at the hands of local law enforcement from the Kern County Sheriff’s Office and the California Highway Patrol,” said David K. Cohn, managing partner with Chain | Cohn | Stiles, who is representing the Silva family. “Although disappointed, we were not surprised by District Attorney Lisa Green’s decision several weeks ago to not pursue criminal charges against these officers. That being said, we remain committed to obtaining justice on behalf of David and his entire family, especially his four children, who will be without a father for the rest of their lives.”

He continued: “The road to obtaining justice will be a difficult one; however, we are confident that in the end, the truth will prevail and justice will be done. This case is certainly about David Silva and about what happened to him, but it is also about much more than that. It is about changing the culture of local law enforcement in this community, and holding law enforcement officers who use unreasonable and excessive force accountable for their actions.”

Attorneys at Chain | Cohn | Stiles will be in attendance and support the family of David Silva as they hold a rally at 4 p.m. today at the Liberty Bell outside of Kern County Superior Court, on the corner of Truxtun and Chester avenues.

Chain | Cohn | Stiles has filed a civil rights lawsuit in connection with the wrongful death of David Silva. The lawsuit arises out of an incident at the intersection of Flower Street and Palm Street in Bakersfield, when David Silva died as a result of unreasonable and excessive force used by six Sheriff’s deputies, a sergeant, and two California Highway Patrol officers. The complaint seeks damages on behalf of David’s four young children, his significant other, his parents and his brother, for the loss of love, affection, society, service, comfort, support, right of support, expectations of future support and counseling, companionship, solace and mental support, as well as other benefits and assistance of Silva.

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1430 Truxtun Avenue, Suite 100 – Bakersfield, CA – 93301 – Phone: 661-323-4000

CHAIN | COHN | STILES is Kern County’s leading plaintiffs’ personal injury law firm. Our Bakersfield personal injury attorneys have represented clients from throughout the San Joaquin Valley and California for 80 years. We concentrate our efforts on protecting the rights of individuals who have been seriously injured due to the negligent, reckless or intentional conduct of another. If you have been injured due to the fault of another, you have the right to hold that person or entity accountable, no matter how rich or powerful that person or entity may be. At Chain | Cohn | Stiles, we pride ourselves on having the reputation and resources necessary to overcome the most difficult challenges while achieving the best possible results for our clients. For more information, go to chainlaw.com.

Find us on Facebook, Twitter (@chainlaw), Instagram, LinkedIn, Yelp and Google+

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NEWS COVERAGE

KERO-23 (ABC): Silva family attorneys release statement on anniversary of David Silva’s death

KERO-23 (ABC): One year since David Silva died after confrontation with deputies

KERO-23 (ABC): Family marks one year anniversary of David Silva’s death with courthouse rally

New America Media/South Kern Sol: On Anniversary of David Silva Slaying, Protesters Demand Justice

KBAK/KBFX (Fox): Family says justice hasn’t been served for in-custody death

 

How to handle complex oilfield accident cases

May 2, 2014 | 10:06 am


On Feb. 15, 2010, an oilfield explosion in Kern County resulted in the injuries to several local men, one of whom was represented by Chain | Cohn | Stiles. The client suffered a multitude of injuries, including an ankle fracture, and was hospitalized for 16 days at Kern Medical Center. 

The explosion occurred where a work-over rig was preparing to install a blowout preventer on the well-head.  At the time of the incident, the crew were in the process of testing the lockscrews that secured a tubing hanger into the well-head.  This needed to be done prior to the installation of the blowout preventer. 

Moments before the explosion, the crew handed over one of the lockscrews that secured the tubing hanger. The lockscrew appeared to be faulty. The engineer on scene was holding the lock screw at the time of the explosion, while knowing that the well was under pressure. The injured plaintiffs contended that the engineer either knew, or should have known, that the well-head presented a danger to all personnel on scene, once the lock screw was removed.  The engineer was in the process of showing the lockscrew to an employee of the firm that designed the well-head, in the moments preceding the explosion.  That employee also should have known about the danger, and should have exercised his stop work authority, and thus avoided the explosion.

Eventually, our oilfield accident attorneys settled the case against both the engineer and the company that manufactured the well-head for a confidential amount.

As you can see, oilfield accident cases involve a variety of complex legal issues that are often difficult to understand for clients. Our lawyers have extensive experience handling oilfield accident cases across the state of California. In fact, no other law firm in the state of California has more experience handling oilfield accident cases than our law firm. We have obtained more multi-million dollar results on behalf of oilfield accident victims than any other law firm in the state of California.

To better accommodate the needs of those who have been injured in an oilfield accident, our California oilfield accident attorneys have compiled a list of the most frequently asked questions for oilfield accident cases. If after reviewing the information here you still have questions, please feel free to call the firm at 661-323-4000.

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I was injured in the oilfields. Do I have a workers’ compensation* case?
In nearly every oilfield injury case, the injured worker has a workers’ compensation* claim.  In California, if you are injured on the job, while you are on the clock, you have a workers’ compensation* claim, and you are entitled to workers’ compensation* benefits.  Workers’ compensation* will cover your medical expenses, temporary disability, and in many cases, compensation for permanent disability.  Chain | Cohn | Stiles has a workers’ compensation* practice to assist you in obtaining these benefits.

If I am injured on the job in the oilfields, do I have a personal injury case against someone other than my employer? 
In many cases, the answer is yes. Often times, injuries occur in the oilfields due to the negligence of someone other than your employer.  In other words, if you were injured in an oilfield because of the actions of another contractor on the job, someone other than your employer, you may have an independent personal injury case against that contractor.  We call this a “third party case.”  In making a third party personal injury claim against a contractor other than your employer, you can claim more in damages than you may recover in your workers’ compensation* case.  For example, unlike workers’ compensation, your third party case against a contractor other than your employer may result in you recovering damages for pain and suffering, as well as all of your economic losses, such as loss of earnings and loss of future earning capacity.  If you have been injured in the oilfields, and you think someone other than your employer was at fault, please call Chain | Cohn | Stiles so we may evaluate your case.

I live outside Kern County.  Will you take my case?
Yes.  Chain | Cohn | Stiles regularly takes cases outside of Kern County, California.  Given our expertise in handling oilfield cases, we are often contacted by injured rig hands, contractors, roustabouts, welders and tool pushers throughout California.  In addition, we regularly employ experts from all over the State of California and the United States.  If you have been injured in the oilfields anywhere in California, contact Chain | Cohn | Stiles and tell us about your case.

Do you take offshore oil rig cases?
Yes.  Chain | Cohn | Stiles can help you if you have been injured on an offshore drilling platform.

If I get hurt on a drilling, workover, or oil well service rig do I have a case against someone other than my employer?
In many cases, the answer is yes.  Rarely is work in the oilfields performed by only one contractor.  For example, there are often third party contractors working in conjunction with the drilling rig crew on a drilling operation, or production rig crew on a maintenance or workover operation.  If you are injured in part because of an action or failure by one of these third party contractors, you may have a case against someone other than your employer.  In our experience, it is more likely that an injury in the oilfields involves, at least in part, the negligence of a third party contractor, other than your employer.  These cases can be quite complicated.  In light of this, please give us a call so we can discuss the facts of your case.

How many oilfield injury cases has your firm handled?
Chain | Cohn | Stiles has been serving oilfield workers in Bakersfield, Kern County, and California for the last 80 years.  During this time our lawyers have handled hundreds of oilfield injury cases.  Remember, your oilfield injury case may involve both workers’ compensation* and a third party (someone other than your employer) claim.  Chain | Cohn | Stiles has attorneys that can handle both the workers’ compensation* and third party claim, and our attorneys will work together to make certain that your rights are fully protected.

Does your firm hire experts for my case?
Yes.  As part of almost every oilfield injury case, experts are an integral piece of the case.  Chain | Cohn | Stiles regularly employs experts from throughout the United States.  These experts, be it metallurgists, steam engineers, drilling and production engineers, and pipeline engineers, are all recognized as leading authorities in their fields.  We understand that retaining the right experts is often a key to our clients’ success.  In almost every instance, it is important to retain experts, and conduct inspections, as soon as possible.  With this in mind, please contact as to discuss your case as soon as practically possible after you have been injured.

If you take my oilfield injury case, does it cost me anything upfront?
No.  At Chain | Cohn | Stiles we handle your case on a contingent fee basis.  This means you pay us nothing out of your pocket.  We only get paid if we are able to resolve your case.

I was injured in the oilfields.  Can I get help with my medical expenses?
Often times, oilfield injuries will result in a workers’ compensation* claim.  In these circumstances, we can help you obtain benefits to cover your medical expenses and temporary disability benefits.  In addition, should your case result in a claim against a contractor other than your employer, you may be entitled to greater compensation, including pain and suffering.

If I am hurt in the oilfields do I have a case against the lease owner?
At times, oilfield injury cases can be filed against the lease owner.  In other words, if you were injured in the oilfields, and the lease owner did something to contribute to your injury, you may have the basis for a lawsuit against the lease owner.  This is an area of law that is constantly evolving in California.  Recent decisions like Seabright v. U.S. Airways, Inc., (2011) 52 Cal.4th 590, and Hooker v. Department of Transportation, (2002) 27 Cal.4th 198, have changed the way an injured oilfield worker can seek damages against the lease owner.  Chain | Cohn | Stiles has closely followed the changes in the law.  We have seen many successes over the years in seeking damages from lease owners, including recent successes.  If you have a potential claim against a lease owner, please contact us.

If I am injured on the job by someone other than my employer, do I have a case?
Yes.  Under these circumstances you may have both a workers’ compensation* case, because you were injured on the job, and a case against the other party who caused your injury.  The case against the other party, someone other than your employer, is called a “third party personal injury” case.  If you have been injured by a third party, please contact us to discuss the facts of your case.  A third party case often times allows you to obtain more compensation than you can recover in your workers’ compensation* claim.

I exercised my stop work authority on a job because I saw someone doing something dangerous.  Now, my employer has retaliated against me and fired me.  Do I have a case?
You may have a case for wrongful termination.  In addition to our personal injury practice, Chain | Cohn | Stiles has attorneys who can help you with your wrongful termination case.  If you feel like you have been wrongfully terminated from your employment, please contact us to discuss your case.

* Update: Chain | Cohn | Stiles is no longer accepting wrongful termination and sexual harassment cases *

I have a relative who died as a result of an oilfield injury.  Do you handle wrongful death cases?
Yes.  If you or your family have suffered the loss of a loved one due to an oilfield injury, please contact us so we can discuss the case with you.  Chain | Cohn | Stiles has 80 years of experience handling wrongful death claims.

I want an attorney who understands oilfield work.  Do you have attorneys who can understand what I do?
Yes.  We understand that oilfield work is unique, requires significant training, and, in some instances, can be dangerous.  We have attorneys who have prior experience working in the oilfields.  Additionally, we have over a hundred years of combined experience working on oilfield cases.  Our attorneys understand that oilfield work has a language unto itself, with numerous terms that are specific to oilfield work.  We know how important it is to understand these terms, so we can effectively communicate with our clients.

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Since California has become one of the top oil-producing states in the United States over the past century, the oil industry serves as a major source for employment opportunities in California. Even though safety is a concern of the oil industry, serious oilfield accidents still occur. Because oilfield accident cases often involve complex legal and factual issues, it is important that you hire an oilfield accident attorney that has both a strong grasp of the industry as well as the knowledge and resources to stand toe-to-toe with large and powerful oil companies.

The oilfield accident lawyers at Chain | Cohn | Stiles are amongst the most experienced in California when it comes to representing victims of oilfield accidents. Over the years, the law firm has successfully represented countless victims of oilfield accidents resulting from negligent drilling and maintenance operations, explosions, blow-ins, OSHA violations and defective equipment. If you or someone you know has been injured in an oilfield accident, please contact an attorney at Chain | Cohn | Stiles immediately.

*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.

Chain | Cohn | Stiles responds to Kern County District Attorney decision on Silva case

April 11, 2014 | 4:15 pm


Chain | Cohn | Stiles on Friday released the following news release after Kern County District Attorney Lisa Green announced that her office would not be seeking criminal charges against the law enforcement officers involved in the death of David Silva, represented by this firm:

Below the release are links to media coverage of the announcement, and the response from Chain | Cohn | Stiles.

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April 11, 2014                                                                                                       

NEWS RELEASE

FOR IMMEDIATE RELEASE

Attorney in David Silva case calls Kern County District Attorney’s Office decision a disappointment

The attorney for the family of David S. Silva on Friday called the decision by the Kern County District Attorney’s Office a disappointment, following its decision to not file charges against officers that beat and hogtied him before he died.

“This is the reason we need an independent advisory panel evaluating these types of cases,” said David K. Cohn, managing partner with Chain | Cohn | Stiles and attorney representing the Silva family. “Kern County District Attorney’s Office personnel work with these agencies every day, and they’re the ones in charge of prosecuting cases for them. Apparently, the way it works in Kern County is that unless they catch the officers red-handed, nothing will happen. It appears that they look for ways not to prosecute.”

Cohn continued: “Given that we do not have an independent panel in place to investigate, that’s the reason we filed a lawsuit in this case on behalf of the Silva family.  Through this lawsuit, we believe the truth will come out. We have the ability to question these officers under oath. We’ll be more thorough in this investigation than any investigation that the Kern County District Attorney’s Office has done thus far. We won’t just rely on the investigative reports prepared by the Sheriff’s office, which are self-serving, one-sided versions of the events leading up to David Silva’s tragic death.”

Chain | Cohn | Stiles has filed a civil rights lawsuit in connection with the wrongful death of David Silva in May 7, 2013. The lawsuit arises out of an incident at the intersection of Flower Street and Palm Street in Bakersfield, when David Silva died as a consequence of unreasonable and excessive force used by six Sheriff’s deputies, a sergeant, and two California Highway Patrol officers.

The complaint seeks damages on behalf of David’s four young children, his significant other, his parents and his brother, for the loss of love, affection, society, service, comfort, support, right of support, expectations of future support and counseling, companionship, solace and mental support, as well as other benefits and assistance of the decedent, David Silva.

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Meanwhile, local, state and national news media has been covering the announcement and response. Here are some of those articles and videos. 

 

The Bakersfield Californian: Prosecutors won’t file charges in David Silva’s death, Letters to the Editor

KERO-23, ABC: Attorney in David Silva case calls Kern County District Attorney’s Office decision a disappointment

KBFX-58, KBAK-29, FOX: Kern County prosecutor: No charges in Silva in-custody death 

KGET-17, NBC: District attorney: No charges to be filed in David Silva case

KGET-17, NBC: DA: No charges for deputies in deadly Silva confrontation

KERO-23, ABC: Kern County District Attorney will not file charges in the alleged beating death of David Silva

CBS-2, KCAL-9, Los Angeles: No Charges Filed Against Deputies In Bakersfield Arrest Death

San Francisco Chronicle: No charges filed in Kern County arrest death

Families of crime victims aim to ‘restore the balance of justice’

| 9:35 am


Some were killed by drunk drivers, and others at the hands of other human beings. But all of them are victims of crimes, and their families are fighting for justice.

About 400 people gathered this week outside of Kern County Superior Court to honor loved ones who had been killed, and in some cases pray for justice to be served. They waved signs and marched through downtown Bakersfield streets as part of the second annual Victims’ Rights March, and National Crime Victims’ Rights Week, which is held each year in April. This year’s theme is “Restoring the Balance of Justice.” They also celebrated the Victims of Crime Act, which recognizes the rights of victims.

Some of the participants are being represented by Chain | Cohn | Stiles, and others are partners of the firm who are striving for the same goal — justice.

Among them was the family was David Silva, who was beaten to death by several law enforcement officers. CCS has filed a wrongful death lawsuit on behalf of Silva’s family.

Another participant was Carla Pearson, program coordinator and victim advocate for Mothers Against Drunk Driving, Kern County. Since her stepson was killed by a repeat DUI offender in 2002, she has been campaigning for victim’s rights in and out of the courtroom, and to take DUI offenders off of the streets.

Pearson has partnered with our law firm, local law enforcement, Kern County District Attorney’s Office, and other community groups in the first-ever “Walk/Run Like MADD” 5K, to be held on Sept. 20 at Park at River Walk. The event aims to raise awareness in our own community, raise funds to stop drunken driving and underage drinking locally, and provide support to victims and survivors of drunk driving accidents.

Others at the march, too, had family members killed in auto accidents, including a mother of a 20-year-old who held a sign against texting and driving, The Bakersfield Californian reported. The mother believed texting was a factor in the crash that killed her daughter.

Another mother held a photo of her son, who died in a hit-and-run accident last year, The Californian reported.

“I think (the victims’ march) is important for us to support each other in this,” the mother told The Californian. “We have not forgotten our loved ones.”

National Crime Victims’ Rights Week ends this week, but at Chain | Cohn | Stiles, we believe it’s important to keep crime victims’ rights in mind always.

Chain | Cohn | Stiles helps family of boy severely burned from downed power line

April 8, 2014 | 3:28 pm


In June 2012, David N. was watering his yard in Ridgecrest when he heard a sizzle and a pop sound. A raven had landed on a power line, which then failed and caused the electrical wire to fall on a fence three houses away. As the fence caught fire, David ran to try to put it out, not knowing a power line was down in the area. 

While focused on fighting the fire, David didn’t notice that his son, 3 years old at the time, followed close behind. When he noticed his boy, David ran to move him away, but it was too late. The boy tripped over the electrical wire, which caused an electric jolt that burned both of his legs

The treatment that followed was long and painful for the boy, his mother Challice said. Chain | Cohn | Stiles, which represented the family, was there to support them, while they stayed at the Grossman Burn Center at San Joaquin Community Hospital and the courtroom.   

Chain | Cohn | Stiles senior partner Matthew C. Clark explained in easily understandable way to David and Challice, who had never been involved in the legal matters, how the legal process would work, Challice said. Clark gave them enough information to know what to expect and to make decisions, she said.

Plus, the family could focus on their son’s recovery without having to worry about their personal injury case, she said.

“We felt we could trust (Matt Clark) and the law firm,” Challice said. “It’s important to have a really good relationship with your lawyer. When we discussed the case, it was like chatting with a friend who was helping you through your life. Having that atmosphere really takes off a lot of stress.”

Recently, Clark and Chain | Cohn | Stiles helped settle the family’s lawsuit, which argued that a connector on the power line failed when the raven landed near it. The failure caused the wire to fall to the ground, putting residents there in danger.

Earlier this week, the family received our flier in the mail, which came with their AltaOne Federal Credit Union account statement. The boy, now 5, noticed Matthew Clark’s picture on the flier, and asked his mom if he could make it into a sticker.

“He’s now walking around with Mr. Clark’s photo on his chest,” Challice said. “He thinks he’s pretty cool now.”

She added: “Matt just treated us like family, and we appreciate that.”

Chain | Cohn | Stiles: Where real people go for justice

March 28, 2014 | 4:02 pm


At Chain | Cohn | Stiles, we know our clients are No. 1.

So, in the newest issue of Bakersfield Life Magazine, out Saturday in The Bakersfield Californian and online now, we wanted to highlight the experiences of our former clients at our law firm. See our ad HERE, and also on our Instagram.

We chose three real-life clients to feature in the ad. Here is what they had to say:

Michael C., who suffered a leg amputation following a motorcycle accident:

“I didn’t know what had happened after the accident, and I didn’t know anything about the legal system. But after the first meeting with David Cohn, I knew he was on my side and I was going to be OK. I had no problem worrying about the firm taking care of business. He was a big help. Now, I have no worries and no regrets.”

Marilyn B., who was injured after a driver ran a stop sign and broadsided her vehicle:

“They are the best lawyers in town. They came to see me in the hospital after my accident, and I was so nervous. But they reassured me everything was going to be OK, and I didn’t have to worry about anything. I trusted them. Overall, I was satisfied with the way everything went. They did so much for me and gave me confidence.”

Jonathon A., who suffered serious burn injuries when a steam line blew out:

“The lawyers and staff at Chain | Cohn | Stiles are some of the most heartfelt, trustworthy and caring people I have ever worked with. They made sure that my whole family and I were treated like family, and we never had our questions go unanswered. I thank you all for everything you have done for my family and I. You guys and girls truly changed my life. I am forever grateful!”

For more real-life client testimonials, go HERE.

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.

Media covers record-breaking Chain | Cohn | Stiles settlement

March 5, 2014 | 4:30 pm


Late last week, Chain | Cohn | Stiles announced a wrongful death settlement between the County of Kern and the families of two people killed by a speeding Kern County Sheriff’s deputy.

That $8.8 million settlement is believed to be record-breaking for an automobile accident case against the County of Kern. But the toughest part of a wrongful death case like this, Chain | Cohn | Stiles Managing Partner David K. Cohn says, is placing the value on a human life.

Cohn discussed the case and settlement with The Bakersfield Californian’s CEO Richard Been on “First Look with Scott Cox” live news show. (Watch the video of the show above)

Cohn represented Daniel Hiler’s fiancee and two young sons. The 24-year-old was struck and killed along with Chrystal Jolley, 30, in late 2011 by Kern County Sherriff’s Deputy John Swearengin.

Both were crossing a road in Oildale when Swearengin’s patrol vehicle struck and killed them. Swearengin was driving 84 mph in a 45 mph zone before hitting Hiler and Jolley. He was responding to a call of a stolen vehicle; however, his emergency lights and siren were not turned on.

Law enforcement officers can travel in excess of the posted speed limit so long as their forward facing overhead lights are activated to warn others that they are responding to an emergency, but Swearengin didn’t do that, Cohn said. In fact, the deputy violated several policies and procedures.

The Hiler family will receive $4.8 million from the settlement.

“You try to convey that loss of love, society, comfort and protection they (Hiler’s kids) will not have,” Cohn said Tuesday on the show. “And that’s when you ask the jury to consider and put a number on that loss.”

Cohn’s appearance on the live streamed-radio news show was the latest press on the case. Following Friday’s announcement, media from throughout Bakersfield, Kern County, the state and even Associated Press mentioned the civil case’s culmination. The criminal case is ongoing.

Local media coverage included (click the links for news coverage on the case):

The Bakersfield Californian

KGET-17 (NBC)

KBAK 29, KBFX 58 (Fox, BakersfieldNow.com)

KERO-23 (ABC)

And several other news outlets ran the Associated Press story on the Chain | Cohn | Stiles settlement, such as this one here.

While the civil case is settled, the criminal case against Swearengin continues. He is charged with two counts of vehicular manslaughter with gross negligence and he has plead not guilty.

Cohn also discussed other Chain | Cohn | Stiles cases involving Sheriff’s deputies, including a claim brought by a young woman who was sexually assaulted by a deputy at her home in Tehachapi. The Sheriff’s deputy involved in the sexual assault is currently being prosecuted by the Kern County District Attorney’s Office. For more current cases involving Chain | Cohn | Stiles, go to Chainlaw.com.

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UPDATE: Below is media coverage regarding the criminal case against the Kern County Sheriff’s deputy involved in the crash. Local and national media covered the case: