Chain | Cohn | Stiles resolves wrongful death lawsuit on behalf of family of motorcyclist killed in crash with Sheriff’s deputy patrol car

May 9, 2018 | 9:34 am


Chain | Cohn | Stiles has 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.

Clark continued: “It’s incredibly unfortunate an innocent man died. Maharrey’s family is satisfied with the resolution, but it’s not like the resolution will bring him back.”

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.

MEDIA COVERAGE

5 notable case results from 2016 include motorcycle accident, civil rights, car accident cases

January 18, 2017 | 10:16 am


With 2017 just beginning, we wanted to take a look back at some noteworthy case results Chain | Cohn | Stiles obtained for the people of Kern County in their accident, wrongful death and workers’ compensation* cases.

 

$10 million — Motorcycle Accident 

In June 2014, 27-year-old John Doe was riding his motorcycle in the Oildale area. At that same moment, Doe Defendant was driving a mobile crane while in the course and scope of his employment with Doe Crane Company. He pulled out of a driveway and directly into the path of John Doe’s motorcycle, who was unable to avoid the collision. As a result, John Doe suffered catastrophic injuries, and after undergoing surgical procedures, he lost his right leg. Later, the plaintiff complained of impaired memory, concentration and behavioral alterations, anxiety, headaches, insomnia, pain, weakness and numbness in all extremities, and phantom leg pain.

David K. Cohn of Chain | Cohn | Stiles represented John Doe.

The law firm argued that the crane company negligently entrusted, supervised, and trained the driver, and also did not properly maintain the property, which created a dangerous condition that blocked views of employees from exiting the facility. Additionally, the company failed to terminate the driver, who had a blood alcohol level of .02 or above.

In early 2016, Chain | Cohn | Stiles settled the motorcyclist accident case for $10 million.

 

$3.4 million — Civil Rights / Wrongful Death

On the night of May 7, 2013, David Sal Silva fell asleep in front of a home in east Bakersfield, across from Kern Medical Center. Several law enforcement officers arrived on scene and proceeded to use unreasonable and excessive force in striking Silva with batons several times all over his body, while he screamed for his life and repeatedly begged the officers to stop.

After being repeatedly beaten, bitten and hog-tied, Silva stopped breathing. And shortly after midnight, Silva was taken to Kern Medical Center, where he was pronounced dead.

These events and those that followed after this night made international news, including the wrongful death lawsuit filed by Chain | Cohn | Stiles on behalf of Silva’s family in 2013. Attorney David Cohn represented the family.

On Wednesday, May 4, 2016, a settlement was reached by Silva’s family for $3.4 million. To read a full chronology of events from the case, click here.

 

$2.25 million — Car Accident 

Ms. Vargas was riding as a passenger in a car when a 2004 Ford Escape rear-ended her vehicle while stopped at a stop sign in Porterville, and suffered severe injuries as a result. The driver of the Ford Escape was in the course and scope of her employment with defendant VNZ Payroll Services.

Matthew Clark of Chain | Cohn | Stiles represented Vargas, who suffered severe personal injuries including fractured acetabulum, facial lacerations and scars, neck and back pain and a traumatic brain injury, confirmed by CT and MRI studies.

In July, Chain | Cohn | Stiles settled Vargas’ car accident case for $2.25 million.

 

$1.5 million — Rear-End / Car Accident 

Ms. Contreras was on her way home from a family function when she stopped at a red light at 24th Street approaching Buck Owens Boulevard. At that time, she was rear-ended by Stephen Domingue, who was in Bakersfield on business for Mason Specialty Tools, LLC.

The force of the impact was sufficient to push Contreras’ vehicle in the rear end of the vehicle in front of her. Domingue was found to be at fault by the Bakersfield Police Department for unsafe speed for prevailing conditions. As a result of the collision, Contreras suffered personal injuries, including traumatic disc herniation, and retained Chain | Cohn | Stiles.

The accident exacerbated Contreras’ lumbar spine disease and hastened the need for surgery and the need for early medical retirement. Doctors advised she would have some pain and limitations for the rest of her life. In 2016, Chain | Cohn | Stiles resolved her personal injury case for $1.5 million.

 

$1 million — Police Misconduct / Sexual Abuse  

This case arises out of the sexual assault of plaintiff Jane Doe in her Tehachapi home by Defendant Gabriel Lopez while in the course and scope of his employment with the Kern County Sheriff’s Office and the County of Kern. Lopez is currently serving time in prison for the acts committed against plaintiff (and another victim).

As a result of the sexual assault, plaintiff suffered and continues to suffer from post-traumatic stress disorder, anxiety, and depression. She did not feel comfortable discussing the incident for approximately one year after the incident due to feelings of embarrassment and repression. Plaintiff’s expert psychologist has diagnosed her with PTSD and Major Depressive Disorder, based on her interviews with Plaintiff and psychological testing conducted.

Chain | Cohn | Stiles represented the sexual assault victim, and in 2016 resolved her case for $1 million.

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For more results and case information, visit the Chain | Cohn | Stiles website at Chainlaw.com.

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

These results do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.