Articles Posted in Wrongful Death

daniel-monteiro-413416-copy-199x300In early February, an Alameda-Contra Costa (AC) Transit bus collided with a vehicle before striking a home in Berkeley. The bus, traveling west on Ashby Avenue, struck a red sedan driving south on California street. Both vehicles then careened into another parked vehicle and nearby home. The driver of the red sedan was killed in the crash. The bus driver and one passenger on the bus were not harmed. It is unclear what caused the accident and the Berkeley Police are investigating.

Why Bus Accidents Happen

Bus accidents are like any other type of car crash; they occur for many of the same reasons. One of the most common causes is bus driver error. Despite specific training, a bus driver can be careless or reckless behind the wheel, leading them to make dangerous mistakes. They could speed, tailgate, change lanes inappropriate, and make other reckless maneuvers. Drivers could be distracted by passengers on the bus, their cell phones, or a host of other things. Worse yet, a driver could work while impaired due to drugs or alcohol.

cristian-newman-63291-199x300Another wrongful death lawsuit has been brought against Brius Healthcare Services for the negligent care provided at its Granada Rehabilitation & Wellness Center. The suit alleges that an elderly patient, Jeanette Sharp, died after the staff at Granada allowed a significant amount of fecal matter to build up in her colon. According to reports, physicians removed up to four liters of fecal matter, some of which was spilling into the patient’s abdominal cavity and had reach the exit of Sharp’s stomach. By the time the patient received surgical intervention on April 4, 2017, the situation was dire. Sharp passed away the same day of the procedure.

Granada Staff Allegedly Provided Negligent Care

The lawsuit filed against Brius Healthcare Services states that the staff at Granada failed to monitor Sharp’s bowel movements. Sharp had dementia and was likely unable to self-monitor. Over an extended period of time without bowel movements, the fecal matter accumulated and filled Sharp’s digestive system.

bjorn-tore-okland-119009-copy-300x200The Rancho Adobe Fire Protection District responded to an accident at Central Landfill near Petaluma on Friday, December 15 around 6 p.m. A truck driver, Ezekiel Jackson Sumner Jr., was struck and killed by his truck. The Sonoma County Sheriff’s Office stated Sumner was found underneath his truck on top of a compost pile at the landfill.

Sumner had been working for a subcontractor of the U.S. Army Corps of Engineers, AshBritt Environmental, removing debris from wildfire sites in Napa, Sonoma, Mendocino, and Lake counties. At the time, he was dropping off debris that he had gathered from wildfire sites and had left the truck idling. Another worker found the truck in gear, which had backed up into its own trailer and pinned Sumner.

The California Highway Patrol, Army Corps of Engineers, and Cal-OSHA are conducting individual investigations into the incident. It has been reported that Ash Britt has violated safety regulations in the past, however it is currently unknown whether any violations took place preceding or during this incident.

a-l-117960-copy-300x198On Saturday, November 25, four individuals were killed in a hit-and-run accident on I-80 in San Pablo, California. The collision was sizable, involving five vehicles and blocking all westbound lanes off I-80. The four individuals killed were a family from Napa Valley and included Daryl Horn, an active community member. The only Horn family member to survive the accident was Daryl’s eldest son. In addition to the four individuals killed in the crash, six others were injured.

The accident took place when Fred Lowe, 47, hit the Horn family’s Nissan sedan, which flipped over and crashed into oncoming traffic. Lowe was arrested later that night when he was involved in a second crash. Authorities reported that Lowe was intoxicated at the time and was driving on a suspended license due to a previous DUI. Lowe has been charged with four counts of felony hit and run, a felony DUI, and driving on a suspended license.

The Criminal and Civil Aspects of the Accident

dawn-armfield-66060-copy-300x225Kressa Shepherd, 17, passed away at the end of October due to burns she sustained from the wildfires that swept into Mendocino County, California. Kressa and both of her parents were badly injured by the wildfire, with burns covering a great deal of their bodies. Kressa suffered burns over more than 60% of her body. Her parents, Sara, 40, and Jon, 44, remain hospitalized. They have gone through several surgeries and will require a great deal more medical care in the months to come. Her brother was killed in the wildfire. With Kressa’s passing, the California wildfires in October have taken 43 lives.

Determining Responsibility for the California Wildfires

Responsibility for the California wildfires has yet to be determined. However, major utility company PG&E is under investigation by California’s Public Utilities Commission (PUC) for the blazes that devastated large portions of the state, including a great deal of the famed Wine Country. PUC is looking into whether PG&E’s maintenance, or lack thereof, of its equipment in Sonoma and Napa counties caused or played a role in the fires. Regulators are particularly interested in whether a lack of vegetation-related maintenance was an issue, such as not cutting back trees, bushes, and other plants.

stephane-milot-135111-copy-300x169In late September, two Alameda-Contra Costa (AC) Transit buses collided near Howard and Fremont streets in San Francisco just before 9:30 in the morning. AC Transit officials stated that both buses exited I-80, heading north on Fremont. The buses were supposed to turn right onto Folsom. The first made the turn, and the second bus appears to have lost control before doing the same. The second bus collided with multiple vehicles before driving onto a sidewalk and stopping once it collided with the scaffolding of a building. Initial reports from passengers and pedestrians who stopped to help state that the driver appeared to have lost consciousness just before the incident. Four individuals, including at least one of the drivers, were injured and taken to nearby hospitals. It also appears that a fifth person was injured and took themselves to the emergency room.

It is likely these individuals will need to file insurance claims or lawsuits to recover compensation for their injuries. If you have been hurt in a bus or public transportation accident, do not hesitate to seek legal advice regarding your rights and legal options. At Brod Law Firm, we are ready to help you recover the compensation you deserve under the law and need to move forward with life.

Bus Accident Statistics

ethan-hoover-331847-copy-300x200Everyone enjoys the annual county fairs or pop-up circuses that occasionally head into town. No matter your age, there is something to enjoy. Children and teenagers, in particular, look forward to the rides. Miniature roller coasters offer a little fun without amusement park prices. However, what happens when the rides are not as safe as they should be and someone is injured or killed? That is a question families in Ohio are now facing after one adolescent was killed and others were injured at the Ohio State Fair.

If you were injured on a broken fair ride or lost a loved one in a tragic accident, do not hesitate to seek out objective and experienced legal advice from a California personal injury lawyer at Brod Law Firm. We will thoroughly investigate the situation to determine your legal rights and options.

High School Student Dies at Ohio State Fair

taduuda-76960-copy-300x200In June 2017, an armed United Parcel Service (UPS) employee entered into a package delivery warehouse in San Francisco and began shooting. Three UPS workers were killed and two were wounded. An additional three employees were hurt while trying to escape. This tragic and violent incident has led the families of the deceased victims and the injured employees to file a lawsuit against UPS, Allied Universal Security Services, and the owner of the warehouse.

UPS Employees File Suit Following Deadly Workplace Shooting

The attorneys for the employees and their families argue that the accident was entirely preventable. Despite metal detectors and security guards at the facility, it appears as if the shooter walked right in. The employees and their families claim that none of the security measures in place were sufficient to prevent such an incident. They also state there had been previous complaints about the lack of appropriate security as unauthorized people had gotten into the building.

taduuda-76960-copy-300x200The Associated Press analyzed federal statistics and found older workers are being killed on the job at higher rates than younger workers. This is bad news for older individuals who are forced due to their finances to continue to work beyond retirement age and for people who simply enjoy working while they are physically and mentally able. This is also a worrisome finding as by 2024, older workers will make up a quarter of the workforce.

Workers in their 50s, 60s, and 70s are not going anywhere, and employers need to be sure they are keeping their senior employees safe. If employers fail to follow or increase safety measures, older worker’s deaths could result in a greater number of workers’ compensation and wrongful death claims.

APs Study of Older Workers’ Deaths

miguel-a-ramirez-18261-copy-217x300When individuals are jailed while criminal charges are pending or imprisoned after a conviction, they do not lose their civil rights. Inmates of state and federal facilities have the right to receive adequate physical and psychological care, including treatment for any injuries or medical conditions. However, recent inmate deaths in California shine a spotlight on the issue of inmate care and civil rights. Two individuals lost their lives in state facilities after receiving potentially negligent care.

If you have a loved one currently in jail or prison and you believe he or she has been injured due to a lack of proper care, contact an experienced attorney of Brod Law Firm at (800) 427-7020.

59-Year-Old Dies at Sonoma County Jail