Wrongful death, civil rights, elder abuse cases among notable cases resolved by Chain | Cohn | Stiles in 2018

December 26, 2018 | 6:00 am


As 2018 comes to a close, Kern County’s leading accident, injury and workers’ compensation law firm Chain | Cohn | Stiles takes a look back at noteworthy resolved cases, some of which you may have seen in local media.

 

Wrongful Death: $3.4 Million

In April, Chain | Cohn | Stiles reached a settlement with the County of Kern on behalf of the family of a motorcyclist who was killed in 2015 when a Kern County Sheriff’s patrol car abruptly made a turn against a red light directly into his path.

The crash involving 59-year-old Larry Maharrey garnered media attention as it was the fourth fatality in as many years involving a Sheriff’s Office patrol vehicle.

The parties agreed to a $3.8 million settlement in the wrongful death lawsuit.

“These are tragic cases where you have individuals who are completely innocent who were killed in traffic collisions. Those are the types of accidents that shouldn’t happen, especially involving officers who are trained to protect these very same people,” said Matt Clark, Chain | Cohn | Stiles attorney for the family.

On July 14, 2015, Maharrey was driving his motorcycle eastbound on Norris Road in Oildale, when the deputy abruptly made a left turn against a red light onto Airport Drive directly into Maharrey’s path. Maharrey was unable to avoid the collision with the patrol vehicle, and died as a result of the crash.

The California Highway Patrol determined that Sgt. Marvin Gomez and Maharrey did not become visible to each other until 0.87 seconds before the collision because other vehicles blocked their view. CHP had recommended a misdemeanor vehicular manslaughter charge against Gomez, but the District Attorney’s office declined to file a criminal charge. Chain | Cohn | Stiles contends that Deputy Gomez violated KCSO policies and procedures by failing to pre-clear the intersection before turning left against a red light.

Maharrey’s death came at the heels of another wrongful death lawsuit filed by Chain | Cohn | Stiles on behalf of the family of Nancy Garrett, who was struck and killed by KCSO deputy Nicholas Clerico in 2014, also in the Oildale area. This case is ongoing. Less than four years before Maharrey’s death, Daniel Hiler and Chrystal Jolley were killed when Kern County sheriff’s deputy John Swearengin struck and killed them 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. The case, also represented by Chain | Cohn | Stiles, settled in March 2014 for $8.8 million.

For more than 20 years, Maharrey worked for Golden State Drilling as a diesel mechanic. At his vigil, friends and family described him as “a good man” who would do anything for anyone in need. He especially enjoyed fishing and, of course, riding his motorcycle.

In another case involving law enforcement, Chain | Cohn | Stiles resolved in 2018 a wrongful death case on behalf of the family of Donald Hill, a 30-year-old Central Valley man who died in December after being restrained by police officers.

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.

 

Trucking Accidents: $3 Million

Jesus Garcia-Santana was travelling on Highway 101 just north of Paso Robles to his son’s home in Bakersfield when his car became inoperable. He pulled to the side of the road, exited his car, opened the hood, and called for assistance. He then sat in his car on the passenger side, and waited for help. As he waited, a Stevens Trucking tractor pulling two trailers full of carrots veered onto the shoulder and struck Garcia-Santana’s car. As a result, Garcia-Santana suffered significant life-threatening injuries.

Chain | Cohn | Stiles has filed negligence claim, alleging that the truck driver was not paying attention, not scanning the road ahead of him, when he overreacted to a car changing lanes in front of him. In November, the case settled for $3 million.

In another big-rig accident case that settled for $3 million in 2018 (Medeiros v. Triple T Trucking, Inc.), our plaintiffs were in a pickup truck on Highway 99 that slowed to a stop due to a lane closure, and was rear-ended.

 

Motorcycle Accident: $3.4 Million

Jason Travis Harvey, 42, was riding his motorcycle near Wible and Planz Roads in southwest Bakersfield when a California Water Service pulled out in front of Harvey, and the motorcycle his the side of the pickup. He was rushed to the hospital where he later died.

Chain | Cohn | Stiles resolved the motorcycle accident, wrongful death case for $2.4 million.

 

Premises Liability: $2.3 Million

Russell Lester and Bryan Walls were attending a party on Fourth of July 2014 in west Bakersfield, celebrating our nation’s independence and wedding reception. By the end of the night, they were in local hospitals.

The two arrived at the party where party-goers were allegedly setting off illegal fireworks and explosives. Lester and Walls were asked to hold the balloons while they were filled with acetylene gas, which is very unstable, highly flammable gas. The balloons were being taped to a pole when they exploded. It’s possible static electricity ignited them.

Four people were severely injured in the blast, including Lester and Walls. The two suffered burns to their face, chest and arms. Lester lost all the hearing in his right ear and partial hearing in his left ear, and lost peripheral vision in his left eye. Walls suffered hearing loss, too, and Lester’s burns were so severe that he was taken to a Fresno burn center.

In June 2018, Chain | Cohn | Stiles resolved the premises liability case for $2.3 million.

 

Elder Abuse / Neglect

Chain | Cohn | Stiles resolved several elder abuse and neglect cases, including one case that received media attention.

Chain | Cohn | Stiles 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 case resolved in June for $450,000.

———

If you or someone you know is injured in an accident, contact the accident and injury lawyers at Chain | Cohn | Stiles by calling (661) 323-4000, or chat with us online at chainlaw.com.

Everything you need to know about riding Bakersfield’s electric scooters safely

December 12, 2018 | 6:00 am


The birds are soaring in Bakersfield — the electric scooters from the company “Bird,” that is.

About 200 of the Bird electric scooters, or e-scooters, have been scattered throughout Bakersfield, mostly downtown, “to help meet the town’s need for transit options that are accessible, affordable, and reliable,” according to the company. They have gained popularity across the United States and Europe in recent years. Closer to Kern County, several e-scooter companies have planted their wheels in Los Angeles.

But the e-scooters also come with controversy, due, in part, to their safety concerns.

News reports have highlighted injuries on pedestrians hit by scooters and on scooter riders themselves including chipped teeth, cut lips, broken bones, bruises, and worse. A 29-year-old San Diego man who had been drinking alcohol suffered life-threatening injuries after crashing a rented scooter into a building in Pacific Beach. He was not wearing a helmet and suffered serious head injuries, police said.

For its part, Bird states the following: “At Bird, safety is our very top priority and it drives our mission to get cars off the road to make cities safer and more livable.”

With the e-scooter ride-share launch in Kern County, the Bakersfield-based accident and injury lawyers at Chain | Cohn | Stiles wishes to provide some tips for riding the e-scooters, as well as rules for sharing the road safely.

 

Before you Bird

Here’s how the Bird scooters work:

  • The scooters work through an app downloaded onto smartphones.
  • The app will locate available electric scooters nearby and, for a per-minute fee, people ride the electric scooters to their destination, leaving the scooter wherever the trip ends.
  • It costs about a $1 to rent the scooter, plus 15 cents a minute to use.
  • A group of scooter “chargers” go out at night to pick up the scooters and recharge them, collecting a fee per scooter.

The scooters move at a maximum of 15 miles per hour, but riders must obey the rules of the road (see below). The scooters will only be available during the day. After dark, a Bird contractor gathers the scooters for recharging and maintenance, and then drops the scooters off at predetermined areas in time for the next morning’s ride.

 

Rules of the Road

Once you’re ready to ride, be sure to follow these guidelines:

  • Wear a helmet: Bird offers free helmets to all active riders. Just cover shipping. You can request your helmet in the “Safety” section in the Bird app.
  • Where to ride: Care for pedestrians. No riding on sidewalks unless local law requires or permits — it endangers members of our community who want to walk freely. We’re all in this together, so let’s be good neighbors and look out for one another. Ride in bike lanes or close to the right curb.
  • Where to Park: Park e-scooters out of the public right of way — keeping walkways, driveways, access ramps, and fire hydrants clear. Park scooters close to the curb, facing the street near designated bike or scooter parking areas, trees, or street signs. Make sure your kickstand is securely in the down position so that the scooter stays upright. Avoid uneven surfaces like grass, gravel, rocks, or inclines.
  • Rules of the Road: You must be at least 18 years old with a valid driver’s license to ride. Only one rider per vehicle. Follow all traffic rules including street signs and stop signs. Use caution at crosswalks
  • Use Caution: Be aware of surrounding traffic, especially at intersections. Always be aware of surrounding traffic, especially at intersections – cars are your biggest risk. Start off slowly while you get used to the accelerator and brakes. No one-handed rides. Put down the phone and coffee cup. No headphones – listen to what’s around you. Don’t ride if you’ve been drinking alcohol.

 

Scooters Safety News

Bird launched what it calls a pledge to “Save Our Sidewalks” and has asked the CEOs of other similar companies to join, including Limebike, Ofo, Mobike and Jump. Each company would commit to reducing street clutter by putting their bikes and scooters only where they are used, to refrain from expanding unless vehicles are used three times a day, and to remitting $1 per vehicle per day to cities for bike lanes and safety programs.

In other related news, Bike Bakersfield, local bike safety and advocacy nonprofit, reportedly is working with city officials to bring electric scooters and electric bicycles to Bakersfield though a state grant. However, other U.S. cities have steered clear of the e-scooters. Miami banned them, and Nashville seized the scooters once they blocked public rights of way and caused accidents soon after the uninvited rollout. San Diego started giving out tickets to riders not wearing a helmet, and San Francisco began impounding the scooters and issuing a cease-and-desist order after the companies launched their services in the city without asking.

California Legislature introduced a bill that would allow anyone 18 and older to ride without helmets. Bird is the bill’s sponsor. Chain | Cohn | Stiles recommends you continue to use a helmet, for your safety.

Local media reported on Dec. 12 that Bakersfield city officials were working with Bird for the next 6 to 12 months through what they called a “pilot program.”

———

Chain | Cohn | Stiles attorney Matt Clark discussed concerns about e-scooter safety in Bakersfield on KERN Radio’s “Richard Beene Show.” Click here to listen to the segment.

———

If you or someone you know is injured in a scooter accident at the fault of someone else, please contact the attorney at Chain | Cohn | Stiles by calling (661) 323-4000, or chat with us online at chainlaw.com.

Bike Bakersfield, Chain | Cohn | Stiles provides free helmets, bicycle lights, safety lessons through 2018 ‘Project Light up the Night’

November 7, 2018 | 8:26 am


With Daylight Saving Time in full swing, it’s more important than ever for drivers to be careful while commuting to and from work in the dark, and for pedestrians and bicyclists to make sure they are visible.

In fact, thousands of children in Kern County will walk, bike, wait at the bus stop, and even drive to school in the extended dark periods. Others may exercise, walk their pets, or drive about in the evening hours. Safety advocates argue that Daylight Saving Time increases pedestrian and bicycle injuries, car accidents, and deaths.

Enter Project Light up the Night. The annual program hosted by the local bicycle advocacy nonprofit aims to make Kern County’s roads a little safer for drivers and cyclists by giving out free bicycle lights, helmets, and safety lessons at various locations throughout Bakersfield and Kern County.

Chain | Cohn | Stiles is proud to support Project Light up the Night each year by providing the helmets and lights, and are joined by Kern Family Health Care as a sponsor of the program.

“We all need to understand the added dangers that come with the commuting in the dark,” said David Cohn, managing partner with Chain | Cohn | Stiles. “Drivers need to be extra careful to watch out for pedestrians and cyclists, and they need to make sure they’re seen by motorists.”

Bike Bakersfield representatives will be handing out the free helmets and lights on select Thursdays throughout Kern County. Bicyclists must have their bicycle on hand to receive a safety light and helmet. The 2018 dates this year are as follows:

  • 6-8 p.m. on Thursday, Nov. 1, at Bike Bakersfield (1708 Chester Ave.)
  • 6-8 p.m. on Thursday, Nov. 8, at Standard Park (301 E. Minner Ave.)
  • 6-8 p.m. on Thursday, Nov, 15, at Greenfield Resource Center (5400 Monitor St.) and Bike Arvin (1241 Bear Mountain Ave.)
  • 6-8 p.m. on Thursday, Nov. 23, in location to be determined.
  • 6-8 p.m. on Thursday, Nov. 29, in location to be determined.

Exact locations are to be determined. Stay tuned to the Bike Bakersfield Facebook page or Twitter page for details.

California law states that any cyclist riding at night needs to have a white headlamp, a red rear reflector, white or yellow reflectors on the pedals, and white or yellow reflectors on each side. The safety equipment is vital, especially in Bakersfield and Kern County, which has seen a rash of bicycle-related accidents in recent years.

In fact, earlier this year, the City of Bakersfield announced a “Bicyclist and Pedestrian Safety Plan,” a partnership with California Department of Transportation to examine the city’s roadways and determine which are the most dangerous to bicyclists and pedestrians. The goal was to recommend design improvements, including more bike lanes, more signage, and new pedestrian and bike paths away from traffic.

For years, Chain | Cohn | Stiles has advocated and fought to raise awareness of bicycle, pedestrian and driver safety throughout the streets Bakersfield and Kern County.

AAA offers several tips for motorists, bicyclists, and pedestrians traveling at night. Here are just a few of them:

DRIVERS

  • Slow down.
  • Keep vehicle headlights and windows clean.
  • Do not use high beams when other cars or pedestrians are around.
  • Yield the right of way to pedestrians in crosswalks and do not pass vehicles stopped at crosswalks.

PEDESTRIANS AND BICYCLISTS

  • Cross only at intersections. Look left, right and left again and only cross when it is clear. Do not jaywalk.
  • Cross at the corner, and not in the middle of the street or between parked cars.
  • Avoid walking in traffic where there are no sidewalks or crosswalks. If you have to walk on a road that does not have sidewalks, walk facing traffic.
  • Evaluate the distance and speed of oncoming traffic before you go out into the street.
  • Wear bright colors or reflective clothing if you are walking or biking near traffic at night. Carry a flashlight when walking in the dark.
  • Avoid listening to music or make sure it is at a low volume so you can hear danger approaching.
  • Bicycle lights are a must-have item for safe night riding.

———

If you or someone you know is involved in a bicycle accident at the fault of someone else, please contact the lawyers at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the website chainlaw.com to submit a contact form.

———

MEDIA COVERAGE

Bakersfield’s 2018 ‘Walk Like MADD & MADD Dash’ – presented by Chain | Cohn | Stiles – raises over $65,000, brings together 1,000-plus in fight against DUI crimes

October 4, 2018 | 7:42 pm


Kern County came together Saturday morning at the Park at River Walk to support victims of DUI crashes, call for an end of drunk and drugged driving, and raise more than $65,000 in the process.

The fifth annual Bakersfield Walk Like MADD & MADD Dash – presented by the Bakersfield-based accident and injury law firm Chain | Cohn | Stiles – is aimed to raise awareness of the DUI problem in locally, raise funds for MADD Kern County’s educational programs and victim services, and support local victims and survivors of drunk and drugged driving crashes. Bringing out nearly 900 walkers and runners for this cause, plus hundreds more in attendance, the event featured a kid’s fun run, 5K and 10K in what has become one of the largest fundraising walking and running events in Kern County, according to Bakersfield Track Club.

The morning featured an opening ceremony with statements from representatives from Mothers Against Drunk Driving, victims of DUI crashes, outgoing Kern County District Attorney Lisa Green, and Bakersfield Mayor Karen Goh, among others. It was followed by a kid’s fun run presented by the Bakersfield Active 20-30 Club, timed 5K and 10K runs, with medals awarded in age categories, and a march by victims, their families and supporters from our community.

“This is one day our community can come together to remember those affected by DUI crimes, and advocate for a day with no more victims,” said Carla Pearson, victim services specialist for MADD Kern County. “Our aim is to no longer have a day dedicated for this purpose. In the meantime, we hope everyone will dedicate the other 364 days of the year toward making sure they and their loves ones drive safe and sober always.”

Making the event possible were sponsors Chain | Cohn | Stiles (presenting sponsor), Chevron, Special Treatment Education & Prevention Services Inc., Clinica Sierra Vista, Vince Fong for Assembly, Kern County Prosecutors Association, and Kern Schools Federal Credit Union, among many others.

From Chain | Cohn | Stiles, marketing director Jorge Barrientos serves as the event planning committee chairman, and also sits on the Board of Directors for the MADD Kern County Advisory Board. Attorney Matt Clark is also a board member, and for the event served as the awards ceremony emcee.

Medals and trophies were awarded to the fastest runners in their respective age categories, with results being posted on the Bakersfield Track Club website. Awards were also given to the following top fundraisers:

  • Top Friends and Family Team: Prayers for Jourdan
  • Top Individual Fundraiser: Jourdan Bacot / Farnsworth
  • Law Enforcement Challenge: Kern County District Attorney’s Office
  • Corporate Challenge: Kern Schools Federal Credit Union

Through August this year, CHP has investigated 260 crashes in Bakersfield where DUI was a primary factor, 9 of which resulted in fatalities. That’s at least one DUI crash per day. Additionally, Kern County is averaging more than 11 DUI arrests per day. Each year in Kern County, dozens of innocent lives are lost – plus hundreds more injured and thousands of friends and families affected – from this 100 percent preventable crime.

Since 2014, the annual Walk Like MADD & MADD Dash has raised more than $300,000, including this year. It’s not too late to donate – donations are being accepted through October at www.walklikemadd.org/bakersfield.

———

MEDIA COVERAGE

———

If you or someone you know is injured in an accident 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 to complete a contact form. 

Chain | Cohn | Stiles helps local family affected by crash caused be alleged DUI driver

September 19, 2018 | 9:29 am


On Aug. 18, Bakersfield attorney Henry Noto allegedly got behind the wheel of his vehicle while under the influence, despite previously receiving two misdemeanors — in 2014 and 2016 — for DUI, according to news reports.

On this occasion, however, this decision caused severe injuries to several people when he failed to stop at a stop sign at on Highway 43 and struck another vehicle head on. He had a blood alcohol content of .16 percent at the time of the crash, according to CHP reports.

Noto, 62, was charged on suspicion of driving under the influence of alcohol causing bodily injury in connection with the collision. According to news reports, Noto faces a felony with years of prison time.

Recently, The Bakersfield Californian spoke with Chain | Cohn | Stiles attorney Matt Clark regarding the DUI crash that injured 26-year-old David Perez, who suffered substantial physical injuries, including a brain injury, when Noto crashed into his vehicle. Clark is assisting the Perez family in the civil case with charge, or pro bono.

The crash and case comes before the fifth Bakersfield Walk Like MADD & MADD Dash on Sept. 29, in which Chain | Cohn | Stiles is the presenting sponsor. The event aims to raise awareness of the DUI problem in Kern County, raise funds for MADD Kern County’s educational programs and victim services, and support local victims and survivors of drunk and drugged driving crashes.

You can read more about Chain | Cohn | Stiles’ involvement in the civil case against Noto below. You can also listen to an interview with Clark on the Richard Beene Show by clicking here.

———

By Jason Kotowski

A Bakersfield DUI attorney waived his preliminary hearing Monday and will stand trial in connection with an alleged drunken driving crash last month that injured four.

Also, new details have been released regarding the injuries suffered by one of the victims, a correctional officer whose vehicle was struck by attorney Henry Noto.

David Perez, 26, suffered “substantial” physical injuries including a brain injury, attorney Matthew C. Clark of civil law firm Chain Cohn Stiles said Monday.

“It’s going to be a long road for this young man,” he said.

The correctional officer is undergoing therapy at a local rehabilitation center. He can talk and carry on conversations, but Clark said it’s been his experience from representing others with head trauma that it takes time before the full extent of the injuries is known.

Perez had about 30 staples in his head after the crash, he said.

The firm is representing Perez pro bono and expects to soon file a lawsuit against Noto, Clark said. It’s likely they’ll be limited in what they can do for Perez, he said, because whatever money Noto has won’t be enough to pay for the officer’s treatment.

Noto, 62, failed to stop at a stop sign while exiting Interstate 5 at Highway 43 on Aug. 18, according to the California Highway Patrol. He hit Perez’s vehicle and pushed it into opposing lanes, where a third vehicle struck it.

The attorney and a female passenger, Heather Rush, 31, were also injured and taken to a local hospital. The driver of the third vehicle, 32-year-old Lucus Cotter, suffered moderate injuries but declined treatment, according to the CHP.

Noto’s blood-alcohol content was 0.16 percent, twice the legal driving limit, officers said. He’s charged with two felony DUI charges.

Court records show Noto has two prior DUI convictions, both for misdemeanors.

“It’s the same story over and over again,” Clark said. “A guy with multiple DUIs gets into another DUI accident and causes substantial life-changing injuries. It’s getting to be an old story.”

It’s especially troubling, Clark said, because Noto specializes in DUI cases.

“He practices an area of law where he’s fully aware of the risks of driving while intoxicated,” the attorney said. “And he did. He did it multiple times.

“There’s just no excuse for it.”

Noto’s next court hearing is Sept. 27. He remains in custody.

———

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

———

MEDIA COVERAGE

Pedestrian Safety Month: As pedestrian accidents climb locally, we all have a responsibility to share the road

September 5, 2018 | 9:37 am


Pedestrian deaths are on the rise in Kern County and California, according to the Bakersfield Police Department.

In 2016, 867 pedestrians were killed and more than 14,000 were injured on California roadways alone. Since 2012, pedestrian deaths have increased by nearly 33 percent, growing substantially faster than any other type of traffic-related death, BPD statistics show.

And in the City of Bakersfield, 47 pedestrians have been killed and another 473 pedestrians have been injured over the past three years.

This month for Pedestrian Safety Month, Chain | Cohn | Stiles, along with local and state agencies and community partners throughout Kern County, are urging pedestrians and drivers alike to be aware of each other at all times, and share the road responsibly.

“We all have a responsibility watch out for everyone’s well-being while walking, cycling, and driving,” said Matt Clark, senior partner and attorney at Chain | Cohn | Stiles. “More often than not, these accidents are preventable. Pedestrian safety depends on safe walking habits, and safe driving habits as well.”

As an example, 12 pedestrians were killed when crossing the street outside of a crosswalk last year.

This month, Bakersfield Police Department is sending out special unit officers to patrol areas with the highest incidences of pedestrian collisions in Bakersfield. Officers are on the lookout for unsafe pedestrian crossings, as well as poor driving. Those areas include:

  • Union Avenue between Brundage Lane and 21st Street.
  • Wible Road and New Stine between White Lane and Stockdale Highway.
  • Ming Avenue between Hughes Lane and Gosford Road.

In February, the City of Bakersfield announced a “Bicyclist and Pedestrian Safety Plan,” a partnership with California Department of Transportation to examine the city’s roadways and determine which are the most dangerous to bicyclists and pedestrians. The goal was to recommend design improvements, including more bike lanes, more signage, and new pedestrian and bike paths away from traffic.

For years, Chain | Cohn | Stiles has advocated and fought to raise awareness of bicycle, pedestrian and driver safety throughout the streets Bakersfield and Kern County. Each fall, Chain | Cohn | Stiles partners with Bike Bakersfield to give away hundreds of free bicycle lights and over 100 safety helmets throughout Kern County.

This month and always, keep in mind these safety tips to keep everyone on our streets safe, whether you’re walking, riding a bike, or driving:

Pedestrians:

  • Be obvious and predictable, crossing at crosswalks or intersections only, walk facing traffic and as far from traffic as possible if there is no sidewalk
  • Make eye contact with drivers; never assume a driver sees you
  • Look left-right-left before stepping into a crosswalk. Having a green light or the “WALK” signal does not mean that it is safe to cross
  • Look for cars baking up, including white backup lights or signs the vehicle is running.
  • Don’t dart out between parked cars
  • Avoid distractions. Don’t walk and use your phone at the same time
  • Wear bright clothing during the day and reflective materials at night

Pedestrians

  • Be predictable. Follow the rules of the road, cross at crosswalks or intersections, and obey signs and signals.
  • Walk facing traffic, and if there is no sidewalk, walk as far from traffic as possible.
  • Pay attention to the traffic moving around you. This is not the time to be texting or talking on a cell phone.
  • Make eye contact with drivers as they approach. Never assume a driver sees you.
  • Wear bright clothing during the day and reflective materials (or use a flashlight) at night.
  • Look left, right, and then left again before crossing a street.

Drivers

  • Look out for pedestrians, especially in hard-to-see conditions such as at night or in bad weather.
  • Slow down and be prepared to stop when turning or entering a crosswalk where pedestrians are likely to be.
  • Stop at the crosswalk stop line to give drivers in other lanes an opportunity to see and yield to the pedestrians, too.
  • Be cautious when backing up; pedestrians, especially young children, can move across your path.

———

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

Chain | Cohn | Stiles lawyers selected by peers in Bakersfield Life Magazine’s “Top Attorneys” poll

August 29, 2018 | 6:00 am


Local legal professionals have voted, and the results show that Chain | Cohn | Stiles law firm has some of the top attorneys in the Bakersfield and Kern County area.

That’s according to Bakersfield Life Magazine’s 2018 “Top Attorneys” poll, which highlights “the best local lawyers in 19 specialty areas, as voted on by their peers,” according to the publication. It’s the first time the magazine has organized such a poll, which explained the process as follows: “Bakersfield Life wanted to find out who the best lawyers are in our area. So, we sent out a poll to local attorneys, asking them who, in their opinion, are the best in each of 19 different specialty areas. Each attorney must be an active could vote just once and could not vote for themselves.”

Chain | Cohn | Stiles lawyers were selected as “Top Attorneys” under the following categories:

  • David Cohn: Top Attorney in the “Accidents & Injuries” category.
  • David Cohn: Top Attorney in the “Male Attorney” category.
  • James Yoro: Top Attorney in the “Workers’ Compensation” category.
  • Beatriz Trejo: Top Attorney in the “Workers’ Compensation” category.
  • Beatriz Trejo: Top Attorney in the “Female Attorney” category.

To see a full list of Top Attorneys selections, click here. To see the complete Top Attorneys section in Bakersfield Life Magazine, click here.

“It is an honor for us to be selected and recognized by other legal professionals in our area. We are humbled,” said David Cohn, managing partner for Chain | Cohn | Stiles. “We will continue to serve injured people of Kern County honorably, and to the best of our abilities.”

For Chain | Cohn | Stiles, 2018 has been a year of awards and accolades, with the law firm being recognized for the work of its attorneys in the personal injury and workers’ compensation legal fields. Among the honors:

  • Attorneys David Cohn and James Yoro were recognized in the 2019 Best Lawyers in America program, which is the oldest and among the most respected attorney ranking services in the world.
  • Chain | Cohn | Stiles was given the “Community Champion” award by Mothers Against Drunk Driving (MADD), Kern County for the law firm’s work toward raising awareness locally and helping victims.
  • Chain | Cohn | Stiles was also selected by the people of Kern County as the winner of the “Best Law Firm” category in The Bakersfield Californian’s Readers’ Choice Poll.

As part of the “Top Attorneys” selections, the following Business Profile article focused on Chain | Cohn | Stiles was published in Bakersfield Life Magazine. See the magazine version by clicking here.

———

After John A. suffered severe injuries after a steam line blew out at work, he called Chain | Cohn | Stiles for help. In the end, the lawyers and staff, he said, helped him make sure he was justly compensated for his injuries, and made sure he was able to move forward with his life.

“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 unanswered,” John said. “I thank you all for everything you have done for us. I am forever grateful.”

The care and attention by Chain | Cohn | Stiles attorneys, paralegals and staff to each accident and injury case is what makes this Bakersfield-based law firm stand apart from other law offices. Here are a few other ways Chain | Cohn | Stiles is different from other personal injury and workers’ compensation law firms:

  • Our lawyers have 150-plus years of combined experience in accident and injury-related law.
  • In fact, Chain | Cohn | Stiles has been based in Kern County since 1934 – nearly 85 years. Throughout that time, our firm has more multi-million dollar verdicts and settlements than any other local law firm.
  • We were voted “Best Law Firm” by the people of Kern County in the 2018 Best of Kern County Readers’ Choice Poll.
  • The firm also recently received a ranking in the 2019 Edition of U.S. News & World Report’s “Best Law Firms,” the oldest and among the most respected attorney ranking services in the world. Attorneys David K. Cohn and James A. Yoro, too, have been recognized in the publication’s “Best Lawyers in America” program.
  • Each case is assigned to a team of attorneys, paralegals and staff who will keep you informed on your case, and any questions you have on your case will promptly be answered. When you need to speak with your attorney, he or she is always available.
  • As always, your consultation with our lawyers if free, and we do not charge fee unless we win your case.

———

If you or someone you know is injured in an accident at the fault of someone else, or is injured at work no matter whose fault it is, contact Bakersfield and Kern County’s “Top Attorneys” by calling (661) 323-4000, or visit the website 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.

David Cohn, James Yoro of Chain | Cohn | Stiles selected to 2019 ‘Best Lawyers in America’ publication

August 15, 2018 | 10:17 am


Two veteran attorneys at Chain | Cohn | Stiles have been recognized in the 2019 Best Lawyers in America program, which is the oldest and among the most respected attorney ranking services in the world.

David K. Cohn, managing partner at the law firm, was selected once again into the personal injury litigation category, while James A. Yoro, senior partner at the firm, was selected into the workers’ compensation law listings. Both attorneys were selected into the 2018 program.

Attorneys named to the U.S. News & World Report’s “The Best Lawyers in America” are recognized by their peers in the legal industry for their professional excellence in specific practice areas. For the 2019 edition of The Best Lawyers in America, the 25th edition, more than 7.8 million votes were analyzed, which resulted in nearly 60,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed, and inclusion in Best Lawyers is considered a singular honor.

“Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary accomplishments of those in the legal profession,” said Best Lawyers CEO Phil Greer. “After three decades, we are proud to continue to serve as the most reliable, unbiased source of legal referrals worldwide.”

David Cohn is one of the most respected lawyers in the Central Valley, having been voted into the “Best Lawyer” category of The Bakersfield Californian’s Readers Choice Poll year after year. He is a Martindale-Hubbell AV preeminent-rated trial attorney, has been named to the Southern California Super Lawyers list, and was selected to join the International Society of Barristers. Over the course of his career, which spans more than 40 years, Cohn has obtained numerous multi-million dollar results on behalf of his clients, and his cases have led to workplace, roadway and vehicle safety measures.

James Yoro is a Certified Workers’ Compensation Professional in California, and is one of the most veteran and most respected workers’ compensation lawyers in the San Joaquin Valley. He is the past president of the Kern County Bar Association. He has argued cases in front of the California Supreme Court, and for nearly 40 years has fought day in and day out for the rights of injured workers.

For more than 30 years, Best Lawyers has assisted those in need of legal services to identify the attorneys best qualified to represent them in distant jurisdictions or unfamiliar specialties. Recognition by Best Lawyers is based entirely on peer review. Its methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

Attorneys are nominated for consideration. They are divided by geographic region and practice areas, and are evaluated by their peers on the basis of professional expertise. Those who receive high peer reviews undergo an authentication process to make sure they are currently practicing and in good standing. Only then can top attorneys be included in Best Lawyers.

“Best Lawyers believes that the best lawyers know who the best lawyers are,” according to the program’s methodology. “Thus, our recognitions are based purely on the feedback we receive from lawyers already highlighted in our publication.”

Having two attorneys from the same firm selected into the “Best Lawyers” program qualifies Chain | Cohn | Stiles to be included in the program’s “Best Law Firms” listings. Best Law Firms honorees are announced in November.

You can view David Cohn’s “Best Lawyers” profile by clicking here, and you can view James Yoro’s profile by clicking here.

———

If you or someone you know is injured on the job, or involved in an accident at the fault of someone else, please contact the Best Lawyers honorees at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the website chainlaw.com.

———

MEDIA COVERAGE

New Chain | Cohn | Stiles ‘Audio Center’ features interviews with Kern County’s leading radio personalities

August 1, 2018 | 10:53 am


Chain | Cohn | Stiles has unveiled a new “Audio Center” web page aimed to keep listeners in the loop on the latest news in personal injury and workers’ compensation law.

The new web page contains interviews with Chain | Cohn | Stiles’ own attorneys sitting in with some of Bakersfield’s and Kern County’s leading radio personalities. Among the interviews are as follows:

  • Personal injury attorney Matt Clark joined The Richard Beene Show  to discuss a local elder abuse and wrongful death case, our growing aging population’s risk of suffering from neglect and abuse, and what you can do to protect your loved ones. The segment focuses on an elder abuse and neglect lawsuit filed against a Bakersfield senior rehabilitation center that resulted in the death of an 80-year-old man, longtime teacher, U.S. Army veteran, and husband of 57 years. IN another show,  Clark was a special guest on The Moneywise Guys radio show to discuss how to prevent and recognize elder abuse.
  • Chain | Cohn | Stiles managing partner David Cohn joins the Richard Beene Show to discuss legal issues surrounding the sudden death of local attorney Benjamin Greene, who died after collapsing during a 5K run. They explore two areas in investigating the question of civil liability: the waiver ostensibly signed by each 5K participant, and a legal doctrine known as “assumption of risk.”
  • Workers’ compensation associate attorney Beatriz Trejo joined “El Show De Cascabel,” a Spanish language show on La Caliente 96.9, and answered questions from listeners, how to handle employers who threaten to fire employees who report issues they may be having at work, how to properly handle paperwork related to work injuries, and much more. In another show, Trejo joined “El Gallito” on 1010 AM and 92.1 FM to answer listeners legal questions and provide insight on legal issues of the day.
  • Workers’ compensation attorney and senior partner Jim Yoro discusses various work injury issues with DJ Sheri Ortiz on The Groove radio station. They focus on valley fever, and how you could be entitled to benefits under the workers’ compensation system if you get ill on the job, and the illness is as a result of the job.
  • Lawyer Matt Clark appeared on KERN Radio to discuss controversial comments made by Kern County Sheriff Donny Youngblood, wrongful death lawsuits, and excessive force cases. A video showed Sheriff Youngblood telling an employees union that it is better “financially” to kill suspects than to “cripple” them has sparked controversy locally and nationwide.

Visit the Chain | Cohn | Stiles “Audio Center” by clicking here to listen to and download the latest interviews and radio segments with Kern County’s personal injury and workers’ compensation attorneys.

———

If you or someone you know is involved in an accident at the fault of someone else, or is injured at work no matter who is at fault, contact the personal injury and workers’ compensation attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the website chainlaw.com to chat with an operator.

Highway 99 through the Central Valley named the deadliest highway in America

July 25, 2018 | 10:01 am


In all, the United States has 2.7 million miles of roads — some parts safer than others. Unfortunately, the most dangerous roadway in America happens to be in our own backyard, according to new study.

Highway 99 through the Central Valley was named the deadliest major highway in the country, according to data compiled by ValuePenguin, a private consumer research organization based in New York, using statistics from the National Traffic and Highway Safety Administration database of fatal crashes.

The 400-mile highway — which runs through Bakersfield, the Central Valley, and up through Sacramento — recorded 62 fatal accidents per 100 miles over a recent five-year span, from 2011 to 2015.

What makes Highway 99 so dangerous? The study looked at three factors that contribute often to crashes: weather, lighting, and driving under the influence, and evaluated which highways were the most dangerous by category. The study found that Highway 99 had the largest number of fatalities caused by dark, unlit roads anywhere in the county, and ranked second for the highest number of drunk driving fatalities.

In total, Highway 99 saw 264 fatal crashes in the five-year period. Fifty of those involved driving under the influence.

Interstate 45 in Texas had the second highest rate of fatalities, 55 per 100 miles, followed by Interstate 95, which runs down the eastern seaboard from Maine to Florida.

“Certain things are out of our control when we’re driving, but we can all take several steps to make sure we all get home safe,” said attorney David K. Cohn, managing partner at Chain | Cohn | Stiles. “Don’t distract yourself while driving, don’t speed, practice defensive driving, and never drive while under the influence.”

California highway officials have been working on $1 billion worth of safety and efficiency improvements on Highway 99 over the past 10 years, using some of the $20 billion in infrastructure bonds approved by state voters in 2006 under Proposition 1B, according to news reports.

Highway 99 was the only freeway singled out in Prop. 1B specifically for upgrades. At the time, state officials said the old highway was outmoded, with narrow shoulders, tight ramps and under-sized interchanges. Improvement work has been ongoing since then.

Besides being connected with the title of having the most dangerous roads in America, Bakersfield also has been ranked high for having the deadliest roads for pedestrians, and has been grappling with a rash of bicycle-related accidents and deaths.

Doing its part, Chain | Cohn | Stiles has partnered each year with local agencies to give away free safety helmets and bicycle lights, is a close partner with Mothers Against Drunk Driving Kern County in the fight against driving under the influence locally, and regularly provides safety tips for Kern County drivers.

———

If you or someone you know is injured in an accident on Highway 99 due to the fault of someone else, please contact the accident attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the website chainlaw.com.