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.

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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.

5 new California laws in 2018 call for safer streets and workplaces

December 27, 2017 | 9:17 am


The New Year also means new laws for California.

Several laws will take effect starting Jan. 1, including several transportation-related rules and changes. They include laws related to marijuana and driving, seat belts on buses, and a new blood alcohol concentration limit for Uber drivers.

Because Chain | Cohn | Stiles focuses on motor vehicle accidents and other roadway related injury cases, we wanted to share some of these changes as we start 2018. And since the Bakersfield-based law firm also represents victims of workplace harassment, we also share one new law related to employer supervisor training.

Learn a little more about these new laws below, courtesy of the California Department of Motor Vehicles:

Marijuana Use in Vehicles (SB 65): This law prohibits using marijuana or marijuana products while driving or riding as a passenger in a vehicle. This includes smoking marijuana and consuming edibles in vehicles. Similar to the “open container” laws, marijuana products must be locked away or sealed in a container. If you break this law, you’ll get a negligent operator point counts. The same goes for motorcycle riders. The new law will be implemented after officers pull motorists over for separate moving violations.

Commercial Buses and Seat Belts (SB 20): This law requires passengers on commercial buses to put on a seat belt. Kids over 8 years old but under 16 years old won’t be allowed to ride unless they are restrained by a seat belt; otherwise, parents and legal guardians will be fined $20 on the first violation, and $50 thereafter.

DUI, Passenger for Hire (AB 2687): This one begins July 1, 2018, and this law makes it illegal for anyone to drive with a blood alcohol concentration of .04 percent or higher if there is a passenger in the vehicle who has hired the driver — like Ubers or Lyfts. This is a higher standard than the current .08 BAC for all drivers. Punishment is a suspended driver’s license if convicted.

Motorcycle Training (AB 1027): This law authorizes the DMV to accept a certificate of satisfactory completion of any motorcyclist-training program approved by the California Highway Patrol in the place of a required motorcycle skills test. Applicants for an original motorcycle license or motorcycle endorsement under 21 years of age are still required to complete a novice motorcyclist-training program.

Harassment Training (SB 396): Especially relevant now during the “Me Too” movement, employers with 50 or more employees — who are already legally required to conduct two hours of sexual harassment training every two years — must include training for supervisors that includes harassment based on gender identity, gender expression, and sexual orientation.

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

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