Big rig explosion, elder neglect, wrongful death lawsuits among Chain | Cohn | Stiles active cases

January 23, 2019 | 9:08 am


The personal injury and workers’ compensation lawyers at Chain | Cohn | Stiles are involved in some of the most significant cases in the Central Valley, ranging from police misconduct cases/civil rights to industrial accident cases, big rig, wrongful death, product liability cases, and more. And while every case handled by Chain | Cohn | Stiles is an important one for the lawyers, paralegals, and staff, the cases that follow represent just some of the diverse cases we’re working on currently.

For more on these cases, go to chainlaw.com/current-cases.

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McGowan v. County of Kern

Chain | Cohn | Stiles filed a wrongful death lawsuit on behalf of the family of 72-year-old Nancy Joyce Garrett, who was killed when a Kern County Sheriff’s Office patrol car operated by Deputy Nicholas Clerico struck and killed her.

The filing of the lawsuit came on the heels of the release of the California Highway Patrol’s Multidisciplinary Accident Investigation Team (MAIT) report regarding the crash that occurred on Sept. 28, 2014, at the intersection of North Chester Avenue and China Grade Loop in Oildale. The report found Deputy Clerico at fault in the crash, and the CHP report recommended that a vehicular manslaughter charge be filed against the deputy.

Nancy was a friendly neighbor, a caregiver for our community, an active blogger, and the pillar of her family. She was a drug and alcohol counselor for the Kern County Mental Health Department, and also volunteered her time as a substance abuse counselor for STEPS, a local nonprofit that provides DUI awareness services. At the time of the crash, she was returning home from a Los Angeles Dodgers baseball game she attended with her family and friends.

Nancy left behind a son, Mark, and a daughter, Deborah, along with grandchildren and great-grandchildren.

 

Doe Big Rig Tank Explosion

A big rig truck driver was filling his tank with fuel at a Valero gas station west of Bakersfield when a tank ruptured in a catastrophic release of pressure. The explosion severely injured the driver, and collapsed the gas station.

Kern County Fire Department responded with a Hazmat team, as did Kern County Public Health Services.  Crews secured the utilities by operating all emergency fuel shutoffs, and rescue efforts focused on the truck driver who was treated on scene, and transported to a local hospital, according to media reports.

The investigation into the explosion continues.

 

Ojeda v. Animal Health International, Inc.

On the morning of Aug. 26, 2015, Steven Ojeda was driving to Wasco State Prison, where he worked as an associate warden, when a cloud of dust enveloped the roadway on Kimberlina Road, obscuring the vision of Ojeda and other drivers around him.

Just a few miles from his work, cars suddenly slowed as the area was covered in dust from people working in the fields. Ojeda crashed into the back of a vehicle, and was subsequently rear-ended by another vehicle. Tragically, Ojeda was killed in the crash.

“It is an extremely hard loss for our instruction and for our staff. Our thoughts and prayers are with his family at this time,” Wasco State Prison officials said in a statement at the time of the crash.

Chain | Cohn | Stiles has filed a wrongful death claim on behalf of Ojeda’s family.

 

Acosta v. Sunny Gem

The plaintiff, a truck driver, was eastbound on Kimberlina Road near Wasco when the defendant, also a truck driver, heading northbound on Wildwood Road ran a stop sign, causing the plaintiff to collide with the defendant truck trailer, resulting in substantial injuries.

Garcia v. City of Delano

On April 17, 2018, Fernando Garcia, a maintenance worker for the city of Delano, was helping move boxes to a storage room. As he was moving the second set of boxes in the storage room, he collapsed.

He was taken to the hospital, and died three days later. He was married to his wife Elizabeth for 12 years, and he left behind three children.

Chain | Cohn | Stiles is representing the Garcia family in their workers’ compensation death benefits case.

 

Avalos Lopez v. Jaguar Contracting

Francisco Avalos Lopez was a first assistant foreman, which included the supervision of a crew of about 50 people, and was responsible for the production and output of his crew. The physical job required him to provide water, shade, and clean the portable toilets for his crew before the start of the workday.

On July 28, 2017, the crew was having an early morning meeting when Avalos collapsed holding his chest, and said, “heart.”

He left behind a wife and had three children. Days before his death, he had told his wife that he wanted to leave the job at the end of the season due to stress.

 

Jane Doe v. Domino’s Pizza

A juvenile girl working at Domino’s Pizza in Bakersfield was struck by gunfire during an altercation at the restaurant.

A 20-year-old was taken into custody in connection with the shooting, facing multiple charges including robbery, burglary and negligent discharge of a gun. Bakersfield Police Department reported that the man argued with employees, began to forcibly take food, began assaulting employees and a struggle ensued. During the struggle, police say a gun possessed by the man fell to the floor and discharged, striking the girl.

Chain | Cohn | Stiles is representing the worker in her workers’ compensation case.

 

Owens v. Brookdale Senior Living

Chain | Cohn | Stiles has filed an elder abuse and neglect lawsuit 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.

The elder abuse, elder neglect, wrongful death, and fraud complaint was on behalf of the widow of John Paul Owens against Brookdale Senior Living, Silvercrest Manor, and Wade Budney of “A Helping Hand Senior Care Services.”

Well into retirement, Paul began to suffer symptoms of Alzheimer’s disease. He took a fall at home in 2017 that required him to have surgery on his leg and hip. After, Paul was placed in Brookdale Senior Living for daily care.

“So he could walk again, take care of himself again, so he could go back home and live with his wife of 57 years, that was the goal,” Chain | Cohn | Stiles attorney Matt Clark told KGET News.

That didn’t happen. Paul developed large bed sores, pressure ulcers and received inadequate care. As an example, he was bathed just four times over a span of 35 days.

“Mr. Owens was continually denied the benefit of those interventions necessary to prevent the formation and progression of pressure ulcers,” according to the complaint.

Soon, Carol Owens was told Paul could no longer be housed at Brookdale, and needed to find another facility due to insurance issues. Brookdale contacted “A Helping Hand Senior Care Services,” ran by Wade Budney, to be discharged to Silvercrest.

“Budney puts [Owens] in his personal vehicle, this is a guy with two stage three pressure ulcers, a urinary catheter, a broken leg, hasn’t had rehab yet,” Clark told KGET.

Carol Owens added: “I was told if he wasn’t transferred that Wade would call and report me for elder abuse.”

The inadequate care continued at Silvercrest. Ultimately, the event prompted an investigation by the California Department of Public Health. The department found that Brookdale failed to prevent Paul Owens from developing ulcers, prematurely discharged him, and failed to safely discharge him to another facility.

Additionally, Budney falsely and misleadingly stated that Paul Owens would receive appropriate and adequate care at Silvercrest. He also concealed the fact that he would receive monetary compensation from Silvercrest.

Shortly after being admitted to Silvercrest, Paul Owens was taken to Bakersfield Memorial Hospital. He died shortly after in January 2018.

“The main reason I’m doing this is I don’t want other people to have to go through this with loved ones, that’s the whole goal,” Carol Owens told KGET News.

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If you or someone you know is injured in an accident, please call the attorneys at Chain | Cohn | Stiles at (661) 323-4000, or chat with us online at chainlaw.com.

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.

Chain | Cohn | Stiles files elder neglect, wrongful death, fraud claim against Bakersfield senior rehab facilities

July 18, 2018 | 6:00 am


Chain | Cohn | Stiles has filed an elder abuse and neglect lawsuit 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.

The elder abuse, elder neglect, wrongful death, and fraud complaint was filed by Chain | Cohn | Stiles on behalf of the widow of John Paul Owens, Carol Owens, against Brookdale Senior Living, Silvercrest Manor, and Wade Budney of “A Helping Hand Senior Care Services.”

The filing of the complaint was covered by KGET-17 News, which you can view by clicking here.

Paul Owens was born in 1937 in Oklahoma. His family moved to McFarland when he was 4 years old, and he graduated from McFarland High School. After school, he served in the U.S. Army, attaining the rank of sergeant, and worked as a paratrooper.

In 1960, Paul married Carol. He earned his teaching credential in 1962 and would teach for 38 years. He loved cross country running, and working with his hands.

Well into retirement, Paul began to suffer symptoms of Alzheimer’s disease. He took a fall at home in 2017 that required him to have surgery on his leg and hip. After, Paul was placed in Brookdale Senior Living for daily care.

“So he could walk again, take care of himself again, so he could go back home and live with his wife of 57 years, that was the goal,” Chain | Cohn | Stiles attorney Matt Clark told KGET News.

That didn’t happen. Paul developed large bed sores, pressure ulcers and received inadequate care. As an example, he was bathed just four times over a span of 35 days.

“Mr. Owens was continually denied the benefit of those interventions necessary to prevent the formation and progression of pressure ulcers,” according to the complaint.

Soon, Carol Owens was told Paul could no longer be housed at Brookdale, and needed to find another facility due to insurance issues. Brookdale contacted “A Helping Hand Senior Care Services,” ran by Wade Budney, to be discharged to Silvercrest.

“Budney puts [Owens] in his personal vehicle, this is a guy with two stage three pressure ulcers, a urinary catheter, a broken leg, hasn’t had rehab yet,” Clark told KGET.

Carol Owens added: “I was told if he wasn’t transferred that Wade would call and report me for elder abuse.”

The inadequate care continued at Silvercrest. Ultimately, the event prompted an investigation by the California Department of Public Health. The department found that Brookdale failed to prevent Paul Owens from developing ulcers, prematurely discharged him, and failed to safely discharge him to another facility.

Additionally, Budney falsely and misleadingly stated that Paul Owens would receive appropriate and adequate care at Silvercrest. He also concealed the fact that he would receive monetary compensation from Silvercrest.

Shortly after being admitted to Silvercrest, Paul Owens was taken to Bakersfield Memorial Hospital. He died shortly after in January 2018.

“The main reason I’m doing this is I don’t want other people to have to go through this with loved ones, that’s the whole goal,” Carol Owens told KGET News.

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Chain | Cohn | Stiles wants to remind everyone of the importance of speaking up for those who cannot, our oldest, frailest and most vulnerable citizens. If you or someone you know experiences elder abuse or neglect, please contact our attorneys by calling (661) 323-4000, or visit the law firm’s specialized website focused on elder abuse at bakersfieldelderabuse.com.

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MEDIA COVERAGE

Elder Abuse Awareness: Coming together to stop violence towards our most vulnerable citizens

June 13, 2018 | 3:36 pm


California sees 176,000 cases of reported elder abuse cases each year, with more than 4,000 reported in 2017, according to Kern County Aging & Adult Services.

What’s worse is officials estimate that for every case known to reporting agencies, 24 cases go unreported.

This month — during Elder Abuse Awareness Month in Kern County, with World Elder Abuse Awareness Day falling this year on Friday, June 15 — Chain | Cohn | Stiles wants to remind everyone of the importance of speaking up for those who cannot, our oldest, frailest and most vulnerable citizens. Our law firm has been at the forefront in fighting for victims of elder abuse in Bakersfield, Kern County and throughout the state.

“We want everyone to focus attention on the problem of physical, emotional, and financial abuse of elders,” said Matt Clark, attorney at Chain | Cohn | Stiles. “We all need to come together to reduce incidents of violence towards elders, increase reporting of such abuse, and to develop elder-friendly policies.”

In a recent Eyewitness News story focused on the rise of elder abuse in Kern County, Clark provided information on elder abuse and neglect civil cases, and what people can do to make sure their loved ones are not victims. Watch the news story by clicking here.

Clark also was a special guest on The Moneywise Guys radio show to discuss “How to prevent + recognize elder abuse, not just financial abuse. You can listen to the show by clicking here.

The Kern County Board of Supervisors issued a proclamation on June 5 proclaiming the Month of June as Elder Abuse Awareness Month and Aging & Adult Services in collaboration with the Commission on Aging, Kern County District Attorney’s Office and Behavioral Health and Recovery Services hosting the 21st Annual Elder Abuse Prevention Conference on June 14.

According to the Archives of General Psychiatry, by the age of 75 half of all Americans will have experienced a diagnosable mental disorder and yet, less than one-third receive appropriate care. Why does elder abuse go unreported? Many times, elders have no family to report to. They also fear retaliation from “caregivers,” or they feel shame in regards to abuse. Another reason is they fear they will lose independence, or fear they will upset their own family members. Many times, however, victims simply lack understanding of how to report abuse.

To report cases of abuse locally, whether it is on your own behalf or that of someone you know, please call Adult Protective Services or the Long-Term Care Ombudsman:

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

And if you or someone you know experiences elder abuse or neglect, please contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the law firm’s specialized website focused on elder abuse at bakersfieldelderabuse.com.

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LEARN MORE

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

August 2, 2017 | 8:03 am


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

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

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

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

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

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

— By Michael Earnest for Chain | Cohn | Stiles

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VALLEY CONVALESCENT FINES, PENALTIES COVERAGE

LAWSUIT MEDIA COVERAGE

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

June 21, 2017 | 9:07 am


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

Sadly, many cases go unreported.

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

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

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

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

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

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

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

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

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

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

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

— By Alyssa Wood for Chain | Cohn | Stiles

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

Chain | Cohn | Stiles Newsletter: Remembering 2016, looking ahead to 2017

January 11, 2017 | 9:28 am


Editor’s Note: The following was published in an e-newsletter sent out to those signed up to receive the Chain | Cohn | Stiles newsletter. View it in your browser here. To keep up with the latest news, contests and updates from Chain | Cohn | Stiles, click here and scroll to the bottom of the page to input your email address into the “newsletter sign-up” section.

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A Happy New Year to you from all of us at Chain | Cohn | Stiles! As Albert Einstein once said, “Learn from yesterday, live for today, hope for tomorrow.”

Along those lines, we wanted to make you aware of some of the activities we’ve been involved with since the last time we checked in with you: 

  • We were the presenting sponsor for annual Walk Like MADD & MADD Dash 5K, which raised more than $62,000 to fight against drinking and driving locally.

Today, Chain | Cohn | Stiles is continuing its work in serving our community, and representing injury and accident victims. For example … 

  • We joined local Spanish media to help answer legal questions from our Hispanic residents of Kern County.

And lastly, keep an eye out for Chain | Cohn | Stiles in 2017 in the following:  

  • Chain | Cohn | Stiles has been nominated as “Best Law Firm” in the Best of Kern County poll, and partners David Cohn and Matt Clark in the “Best Lawyer” category. We would be honored to have your vote! Go to bestofkern.com to vote.
  • We’ll be the presenting sponsor once again for the Bakersfield Walk Like MADD & MADD Dash 5K, scheduled for Sept. 23, 2017, at Park at River Walk. Join us in the fight against drunk driving in Kern County.
  • Keep an eye out for new videos on our website, chainlaw.com, and your television.

We wish you a healthy and happy 2017. Keep up with Chain | Cohn | Stiles activities throughout the year by following our various social media pages listed below, which are updated daily, as well as our blog, Blogging for Justice.

Warm Regards,

All of us at Chain | Cohn | Stiles

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If you or someone you know is injured at the fault of someone else, please contact the lawyers at Chain | Cohn | Stiles for help by calling (661) 323-4000, or visit the website chainlaw.com for more information.

Chain | Cohn | Stiles partners with country radio station KUZZ in awareness campaign

July 13, 2016 | 7:00 am


Chain | Cohn | Stiles is proud to announce a partnership between the Bakersfield-based law firm and the widely-popular country music radio station, KUZZ Radio.

“Bakersfield’s best country music station,” as is the slogan for KUZZ, will begin airing 60-second audio spots featuring Chain | Cohn | Stiles personal injury attorney Matthew Clark, as well as workers’ compensation attorney James Yoro to assist radio station listeners who need help with their potential accident, injury or workers’ compensation* cases.

You can listen to all of these commercials spots below. You can also tune in live at 107.9 FM, 55 AM or visit kuzz.com.

The commercials will focus on spreading awareness of the following legal issues that listeners may have:

  • Auto and Pedestrian Accidents: It seems like every day in the news we hear about families being hurt in car and bike accidents, big rig crashes, and pedestrian accidents on the streets here in Kern County. But what would you do if it happened to you?
  • Choosing a Local Legal Expert: Law firms from out of town think they can come to Kern County and take your case. They pretend to be from here, but they’re not, and they don’t know Kern County. Chain | Cohn | Stiles has helping Kern County residents in Bakersfield for over 80 years, and has recovered more than half a billion dollars for injured clients.
  • Elder Abuse and Neglect: It’s tough enough putting your loved ones in the care of others. You trust they are in the best place, and cared for. But to learn they’re suffering, not being cared for, can be devastating. Chain | Cohn | Stiles can help you get justice.
  • Distracted Driving: Put down your phone, quit texting, and focus on the road. The last thing you want is to get into a car accident, right? But if you or your loved ones are injured in an accident, especially if it’s someone else’s fault, you need experts who can help get you all the medical care and compensation you and your family are entitled to.
  • Workers’ Compensation: A work injury can change everything. Whether it’s your fault or not, you and your family shouldn’t have to suffer.

Like Chain | Cohn | Stiles, KUZZ has deep roots in Bakersfield. It was founded in 1958 as KIKK and changed its name to KUZZ In 1960. Six years later, Buck Owens Production Company purchased the station, and still owns it today. By 1977, KUZZ was broadcasting country music 24 hours per day.

For more on the history of KUZZ, click here.

— By Evelyn Andrade for Chain | Cohn | Stiles

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If you or someone you know has been injured at the fault of someone else, please call Chain | Cohn | Stiles at (661) 323-4000 or visit chainlaw.com.

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

Chain | Cohn | Stiles files wrongful death, elder neglect lawsuit after man drowns in senior living facility

July 6, 2016 | 10:10 am


Bob Fink loved to golf, to glide, and to spend time with his dog Molly and his family. He was married for 50 years, but when his love passed away in August of 2013, he moved to Bakersfield where his daughter lived.

His daughter Kathryn Dawson chose the Glenwood Gardens senior living facility (now known as Brookdale Riverwalk, Senior Living Solutions) as his new home. Fink was 77 and entering the early stages of dementia, in addition to being depressed from his wife’s passing. His seven kids thought the community at Glenwood Gardens would help him.

“We knew he was right there, and he was safe,” Dawson told KGET-17 News. “So we thought.”

On Aug. 1,  2015, the Kern County Coroner’s Office called the family and informed them that Robert Kenneth Fink had died. Fink had drowned in the pool at Glenwood Gardens.

It should have never happened. Residents must be cleared by a doctor to swim in the Glenwood Gardens pool, and, in fact, Fink had a letter from his doctor stating he should avoid the swimming pool.

Fink’s family, with the help of Bakersfield-based law firm Chain | Cohn | Stiles,  has filed a wrongful death lawsuit, claiming negligence and elder neglect in Fink’s death.

Chain | Cohn | Stiles attorneys David Cohn and Neil Gehlawat, who have vast experience with elder abuse and elder neglect lawsuits, spoke with KGET Channel 17 about the case.

“When incidents like this come up, then you start to wonder whether or not what they are saying in terms of what they provide is really true,” attorney Neil Gehlawat said.

Glenwood Gardens offers accommodations for independent living, assisted living, Alzheimer’s and Dementia care, and skilled nursing and rehabilitation. Concerned that Fink was unable to care for himself — as he would forget to eat meals and take his medications — his children decided it would be best for him to be admitted to a senior living community. Fink was admitted in March 2014.

But Fink was never authorized to use the pool, which needed a key for access. On Aug. 1, a receptionist handed Fink a key to the pool area. There were no lifeguards on duty.

“This is the only way that we think they’re actually going to learn their lesson from this and make changes so these kinds of things don’t happen again,” Gehlawat said.

The family, along with Chain | Cohn | Stiles, has filed a lawsuit for wrongful death damages, and funeral and burial costs.

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Elder Abuse Awareness: Signs to identify physical, emotional, financial abuse of loved ones

June 29, 2016 | 7:00 am


World Elder Abuse Awareness Day took place earlier this month — and is recognized each year on June 15 — but it’s important to focus attention on the problem of physical, emotional, and financial abuse of elders every day.

According to the National Center on Elder Abuse, about 5 million cases of elder abuse occur every year; however, only about one in every 23 cases get reported. It can happen in a nursing home, in the home of your loved ones by an in-home nurse, or ever over the phone or on the Internet.

At Chain | Cohn | Stiles, our attorneys for decades have focused on helping victims and families who have experienced elder abuse. In fact, David Stiles, who serves as “of counsel” at the law firm, has been recognized as one of the most respected elder abuse lawyers in California.

Elder abuse can take many forms:

  • Physical Abuse: Physically harming an elderly person, by a caregiver for example.
  • Emotional Abuse: Mentally harming an elderly person by insulting him or her, or talking down to the victim.
  • Sexual Abuse: Touching of a victim inappropriately by a caregiver and without consent.
  • Exploitation: Tricking an elderly person into giving them money or property rights, and taking advantage for profit.
  • Neglect and Abandonment: Disregarding the needs of an elderly person, and leaving him or her alone for long periods of time with no help.

Unfortunately, elder abuse can take place at any time, and it can happen to anyone, and that’s why it is important to be aware of it. Here are a few warning signs, courtesy of National Center on Elder Abuse, to keep a watchful eye:

  • Unexplained bruises or welts on their body.
  • Loved ones becoming isolated or not allowed to contact family.
  • Caregiver is overly controlling or verbally abusive.
  • Bruises around pelvic and genitalia areas, or unexplained sexually transmitted diseases.
  • Sudden changes in loved one’s finances.
  • Ulcers from not being moved around properly, malnutrition and lack of basic hygiene.

A new video by Chain | Cohn | Stiles focuses on the effects of elder abuse and neglect on families, and how our attorneys can help. Click here to watch the video featuring attorney Neil Gehlawat.

Currently, Chain | Cohn | Stiles is representing the family of a man who drowned while unsupervised in a senior living facility in Bakersfield formerly known as Glenwood Gardens.

World Elder Abuse Awareness Day was launched in 2006 by the International Network for the Prevention of Elder Abuse and the World Health Organization at the United Nations. Its purpose is to “provide an opportunity for communities around the world to promote a better understanding of abuse and neglect of older persons by raising awareness of the cultural, social, economic and demographic processes affecting elder abuse and neglect.”

— By Marisol Earnest for Chain | Cohn | Stiles

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If you or someone you know has been a victim of elder abuse, call the attorneys at Chain | Cohn | Stiles at (661) 323-4000, or visit the website chainlaw.com.