Wrongful Death

When Fireworks Turn Tragic: Defective Products Law and Other Protections for Fireworks Victims

July 10, 2013 | Gregory J. Brod

In advance of the recent Independence Day holiday, we noted some of the particular dangers associated with the celebration and with summer gatherings in general, a post intended to help ensure happy holiday memories. Sadly, we’ve learned that fireworks malfunctions at two community events have left many with injuries and memories more akin to nightmares than joy. Our San Francisco injury law firm knows that no lawsuit can erase such an experience, but a successful claim can help victims of fireworks injuries recover compensation following such a terrifying ordeal.

Defective Fireworks Eyed as Two California Displays Turn Tragic, 39 Report Injuries

According to The San Francisco Chronicle, fireworks malfunctions occurred at two different shows put on by Bay Fireworks last week. At a Simi Valley event, located northwest of Los Angeles, 39 people were injured when shrapnel was sent flying across the field where thousands had gathered to view the display. Organizers planned to include almost 2,500 shells in the show. Initial reports suggest a firework prematurely exploded in its mortar, knocking over other devices and aiming them toward the crowd. Bruce Sussin, the pyrotechnic operator, said that everything had checked out okay in a pre-show inspection. He added that as soon as they saw a catastrophic failure had occurred, they immediately turned off the computer and shut down the show. Sussin did not know how many of the shells were fired at the crowd.

Spoliation: An Evidentiary Rule and a Commitment to Truth

May 17, 2013 | Gregory J. Brod

Trials are about resolving disputes and uncovering the truth. While the law of evidence does not sound like the most exciting part of court life, the rules of evidence allow the system to function. Understanding these rules, including the concept of spoliation, is crucial to our work as a Sacramento injury law firm, a truth made evident by a recent ruling in a case involving the death of a young child.

Federal Court Cites Evidentiary Principles in Finding Park Service Negligent in Child’s Death

As reported in the San Francisco Chronicle, a federal judge issued a ruling on Tuesday that penalizes government officials for destroying evidence and finds the National Park Service negligent in the death of a boy from Red Bluff. In July 2009, the Botell family was visiting Lassen Volcanic National Park and paused for a photo with 9 year-old Tommy and 13 year-old Katrina seated on a concrete trailside wall. The wall gave way beneath the siblings, crushing Tommy’s skull and leaving Katrina with a fractured jaw and head injuries. Tommy died as a result of the injuries.

Cause of Limo Fire Still Unknown as Calls for Regulation Increase

May 9, 2013 | Gregory J. Brod

Much of the nation has undoubtedly heard of the limousine fire that took the lives of 5 individuals, injuring the remaining 4 others who were also passengers on this past Sunday. Just yesterday, our Brod Firm Injury Blog wrote on the basics of the incident, providing a brief narrative of the incident. Authorities continue to investigate what may have caused the accident and if there was any fault or negligence on the part of the driver, or limousine company.

The incident occurred on the San Mateo Bridge as the party of nine, were making their way to a hotel in Foster City. The driver, Orville Brown of Limo Stop Inc. of San Jose, recalls the passengers tapping on the partition separating him from the passengers. There seems to have been miscommunication however, as Brown mistook what his passengers were saying through the partition window and over loud music that was playing in the vehicle. Urgent knocking finally alerted him to a problem before he pulled over and got out of the car. Several women were able to escape through the partition window and it seems the fire prevented escape through the rear doors.

Cause of Fire

Preventing Gun Accidents, Protecting the Victims

April 10, 2013 | Gregory J. Brod

Debates are raging across the country on the topic of gun control. We do not intend to take a political stand on these issues. However, our Sacramento wrongful death lawyer knows that accidental shootings are a very real danger. These accidents can claim lives or cause serious injury and our firm is prepared to help the victims, regardless of which side of the political aisle they occupy.

Four Year-Old Picks Up Loaded Weapon, Accidental Kills Deputy’s Wife

This week, the Sacramento Bee’s website carried a tragic story from the Associated Press’s Nashville reporters. Wilson County is located in central Tennessee, just east of Nashville. According to investigators, Deputy Daniel Fanning of Wilson County Sheriff’s Office was showing a gun to a relative who was visiting his home for a family cookout on Saturday April 6. He had placed the gun on a bed when a four year old boy entered the room. The child picked the gun up and the weapon discharged. The bullet hit and killed 48 year old Josephine Fanning, the deputy’s wife. Sheriff Robert Bryan told reporters that the gun involved in the shooting was not the deputy’s service weapon and that the deputy normally stored his weapons in a safe.

Adding the Voice of Our Oakland Accident Law Firm to the Voice of a Grieving Mother Calling for Roadway Safety

March 27, 2013 | Gregory J. Brod

We often use these pages to encourage members of our Northern California community to drive safely. As an Oakland personal injury law firm, we speak with an understanding of what happens when drivers take risks behind the wheels. Sometimes, however, the voices that can speak the loudest about safety are the victims themselves. These voices speak with a deep knowledge about the real consequences of reckless driving behavior.

Mother Pushes for Safety on Antioch Roadway on Two-Year Anniversary of Fatal Accident

On March 19, 2011, nineteen year old Pablo Garibay died in a single car accident on James Donlon Boulevard in Antioch. The driver, Rafael Madrid later pled guilty to gross vehicular manslaughter while intoxicated and the court sentenced him to a four year prison sentence. On the two year anniversary, the News Herald covered a vigil marking the crash date. Theresa Cuevas, Garibay’s still-grieving mother, opted to stand in the shoulder of the four-lane road, urging drivers to exercise caution. She told reporters that people often drive too fast through the area, exhibiting carelessness despite a nearby park and crosswalks often used by children. Cuevas also called for the city to install a stop light or stop sign to force drivers to slow their speed.

San Francisco Accident Lawyer Considers Factors that Contribute to Fatal Car Crashes

March 1, 2013 | Gregory J. Brod

According to the National Highway Safety Administration (“NHTSA”), 2,791 people lost their lives in fatal car accidents in California during 2011. While this is a slight increase from the year prior, there has general been a downward trend in fatal crashes in the state since 2007 when 3,995 people died on California roads. This is good news, but our San Francisco car accident law firm believes it is still 2,791 deaths too many.

Common Factors Leading to Fatal Crashes

Using data from the NHTSA, the Statistics Brain website compiled a list of the most common causes leading to fatal accidents. Looking at this research along with information from EHow, we’ve compiled the following list of factors that lead to deadly crashes:

San Francisco/Oakland Fire Injury Attorney on Fire Safety & Injury Law Following Brazilian Nightclub Tragedy

January 30, 2013 | Gregory J. Brod

It is hard to imagine the fear associated with a massive fire. When you add a crowded setting in to the smoke and flames, it becomes a moment of true panic. We’ve been thinking about those moments as we follow the unfolding story of the recent nightclub fire in Brazil. The team at our Oakland fire injury law firm has also been asking a question we imagine is on many of our readers’ minds – could a similar fire tragedy happen here?

Fire Officials Say More Stringent Laws and Regulations Make Bay Area Clubs Safer

As part of their coverage of the fire that claimed more than 230 lives in Santa Maria, Brazil, The Oakland Tribune spoke to local fire officials about efforts to prevent similar tragedies in the Bay Area. Mindy Talmadge, a San Francisco Fire Department spokesperson, emphasized that fire tragedies are preventable. Along with officials from other local communities, she cited stricter laws and more stringent enforcement efforts aimed at preventing such an incident in our region. California requires that new commercial buildings contain alarms, sprinkler systems, and working fire extinguishers, none of which were present in the Brazilian club. Fire officials monitor occupancy limits and make sure facilities have multiple unlocked exits, with the city of San Jose requiring one exit for every fifty people in a nightclub. Additionally, pyrotechnic shows such as those that sparked the recent blaze and the 2003 Rhode Island nightclub fire that caused 100 deaths, are rare in Bay County, usually only permitted in large venues, and closely monitored by firefighters before, during, and after the show.

Sacramento Injury Attorney on Civil Claims for Intentional Injury in California

January 23, 2013 | Gregory J. Brod

Most of the injured clients we work with as a Sacramento personal injury law firm were hurt in a car collision or other accidental event. Such cases are typically brought as claims for negligence, meaning the defendant failed to use the proper level of care or otherwise failed to act in the manner a reasonable person would in a similar situation. However, we also work on cases where our client suffered an injury due to someone else’s intentional wrongdoing. Even when the injury is incurred during criminal conduct, these civil cases are still separate and distinct from the related criminal proceedings. We can help victims of intentional injury recover in civil court.

An Example of Intentional Injury: A Sacramento Carjacking Causes Wrongful Death

One recent headline that reminded us of the threat of intentional harm was the Sacramento Bee’s update on a 2006 carjacking. The term “carjacking” came into use in the 1990s, when news reports warned of automobile thefts that occurred by force while the driver was in or near the vehicle. According to a Sacramento County jury, Taurus Aquarius Baker fatally shot Joseph Wayne Bush during a carjacking attempt that occurred in February 2006. Evidence showed that thirty-eight year old Bush had recently dropped his son off at school when Baker shot and killed him in a shopping center parking lot located at 6051 Mack Road in south Sacramento. A jury convicted Baker of first-degree murder in October and, last Friday, Sacramento Superior Court Judge Steve White sentenced him to 38 years to life in prison.

Focusing on Drugged Driving Following the Death of a Young Victim

January 18, 2013 | Gregory J. Brod

Once again, a local headline not only captured our attention but also pulled at the hearts of all the members of our Sacramento injury law firm. The Sacramento Bee’s story is accompanied by a picture of a young boy whose smile takes up half the frame. The boy is six year old Henry Perez-Rocha. He passed away in the early hours of January 16, three months after a tragic car crash allegedly fueled by the mix of illegal drugs and driving. The death is a reminder of the on-going threat of drugged driving in California and across the nation.

Eight Year Old Dies Following October Crash, Police Suspect Drugged Driving Was Key Factor

On October 5, 2012, Henry and his eight year old brother Juan were walking to Skycrest Elementary in Citrus Heights with their mother close behind. As they passed through the crosswalk at Greenback Lane and Mariposa Avenue, a Chrysler 300 collided with a Chevy Suburban and then spun out and hit the children. The intersection had a reputation for being busy and dangerous, with drivers often travelling over 50mph despite the 40mph speed limit. Police later arrested fifty-two year old Tres Bales-Sterba of Orangeville, who was behind the wheel of the Chrysler at the time of the crash, on suspicion of misdemeanor charges for driving on a suspended license and suspected felony charges of driving under the influence and causing injury. A toxicology report revealed methamphetamine and other drugs in Bales-Sterba’s system.

Considering Punitive Damages in the Wake of Fatal Accident

January 4, 2013 | Gregory J. Brod

Any accident that causes a serious injury or death is a tragedy. It is upsetting how an innocent victim can suffer severe consequences due to another driver’s negligence. Despite serving as a San Francisco accident law firm for many years, there are still some cases that shock our team with the disregard shown for human lives. These cases in particular also lead our clients to ask us about the applicability of punitive damages in California injury cases.

Two Dead, One Seriously Injured in Collision After Gun Suspect Flees Police Stop

The first day of 2013 was marked by tragedy for a pedestrian and the occupants of a vehicle travelling in the Mission District. According to the San Francisco Chronicle, the incident began fifteen minutes prior to the ultimate collision when police responded to reports of gunshots fired from a vehicle at the Valencia Gardens housing project, located at 14th and Guerro streets. Shortly thereafter, police spotted and pulled over a black Chevrolet Impala matching witness descriptions of the suspect vehicle. As officers approached, the driver sped off, heading east on 21st Street and running two intersections before colliding with a white Toyota proceeding north on South Van Ness Avenue. The impact caused the Toyota to spin into the intersection, hitting a pedestrian before landing in front of a liquor shop.