January 6, 2016 | At the Firm , Cases Social Share
Wrongful death, auto accident cases headline million-dollar results in 2015
As the New Year begins, let’s take a look back at 2015 at several real results Chain | Cohn | Clark obtained for the people of Kern County in their accident, wrongful death and workers’ compensation* cases.
$6 Million – Wrongful Death
Jesse Rios was going for his routine morning jog when he was struck and killed an employee of West Coast Casing, LLC. The driver was driving a company truck home from work when he fell asleep at the wheel in a residential neighborhood, allowing his truck to veer up onto the sidewalk, where he struck Jesse.
Jesse left behind a young daughter, a new wife, and his devastated mother. Before his death, Jesse had worked two jobs to help care and support his family.
Chain | Cohn | Clark filed a wrongful death lawsuit on his family’s behalf, claiming that Eliseo Soto was negligent when he fell asleep at the wheel.
During the lawsuit, it was discovered the driver had previously had an accident due to falling asleep at the wheel. Also, he admitted that he was tired on the morning of the accident and that he should have pulled over to the side of the road and slept. In addition to proving that both the driver and West Coast Casing, LLC, were liable for the accident, Chain | Cohn | Stiles was able to prove that Jesse, a cook and dishwasher at two chain restaurants, would have financially supported his young family for many years to come.
Chain | Cohn | Clark retained vocational and economic experts to prove the value of Jesse’s financial contribution to the family. The case settled at mediation for $6 million less than seven months after the accident.
$3.5 million – Big Rig Accident
The plaintiff was driving in his work truck as he was returning to Bakersfield, having performed a job in Lancaster, Calif. As the plaintiff was traveling on the high-way, a dust storm caused visibility to drop to almost zero. The plaintiff came to a stop, as vehicles in front of him stopped. At that time, the defendant, who was driving a tractor trailer for Market Transport, failed to see traffic stopped ahead of him, and he rear-ended the plaintiff.
The plaintiff did not seek immediate medical care after the accident. Instead, his employer drove him back to Bakersfield, and he sought urgent care treatment later that same day. Upon retaining Chain | Cohn | Clark, the lawyers suggested that the plaintiff seek additional emergency medical care. Shortly thereafter, the plaintiff was diagnosed with a brain bleed.
Chain | Cohn | Clark filed suit against the defendant and his employer, Market Transport, for negligence in the big rig accident.
Chain | Cohn | Clark, recognizing the significance of the plaintiff’s injuries, asked that he be evaluated by a neurologist. Ultimately, the plaintiff was diagnosed with a mild to moderate traumatic brain injury. Chain | Cohn | Clark retained experts in neurology, psychology, neuropsychology, endocrinology, vocational rehabilitation and economics to offer opinions regarding the plaintiff’s future needs.
The case ultimately settled at second mediation for $3.5 million.
$2.35 million – Auto Accident
The plaintiff was driving a 20016 GMC Denali safely northbound in Tehachapi. At the same time and place, a driver of a 2007 Sterling truck was going northbound on the same road while in the course and scope of employment for Shred-It USA Inc.
The defendant carelessly and unlawfully maintained and operated the vehicle so as to cause a crash and rear-end the plaintiff’s vehicle, which caused serious and permanent injuries to his body. As a result, the plaintiff suffered a disability and was unable to resume his pre-injury occupation as a correctional officer.
The case settled in 2015 for $2.35 million.
$2.15 million – Industrial Accident
Plaintiff John Doe was a tractor trailer driver assigned to pick up a load of pipe from Doe Pipe Manufacturer, loaded by the company, and deliver it to a customer in Colorado. The plaintiff’s only involvement in loading the pipe was throwing straps over the load to secure it. When he arrived in Colorado, he began unstrapping the load, when a large piece of pipe rolled, striking plaintiff’s foot. He suffered a broken foot, and eventually developed Chronic Regional Pain Syndrome (CRPS).
Chain | Cohn | Clark filed suit against Doe Pipe Manufacturer, alleging they negligently loaded the pipe. Specifically, the firm alleged the defendant failed to place anti-roll blocking or chalks around the piece of pipe. The defendant claimed they were not responsible, citing federal safety regulations that state truck drivers are responsible for the safety and securement of loads.
In addition to its trucking expert, Chain | Cohn | Clark hired a computer graphics expert to create a simulation of the load on the plaintiff’s truck, which proved the plaintiff could not see the top of his load to ensure that the pipe on top was properly chalked into place, and the defendant prohibited him from climbing on top of his load to check. Chain | Cohn | Clark also retained medical experts to assist in determining what future medical care the plaintiff would require.
The case settled before the court for $2.15 million.
$2 Million – Dog Bite
The plaintiff called the Kern County Sheriff’s Office for assistance with domestic violence. Her child’s father was being abusive.
When Sheriff’s department officers arrived, the plaintiff began walking toward the deputy’s patrol car, and the K-9 inside of the patrol car was released, and began attacking the plaintiff. The department claimed the K-9 was released accidentally.
The dog bite case settled with the County of Kern for $2 million.
$1 million – Wrongful Death
John Doe was a resident in a residential care facility that specialized in the care of adults with severe developmental disabilities.
While in the home, John Doe got into an argument with one of the home’s staff members. John Doe punched the staff member in the face, which resulted in several additional staff members physically restraining John Doe, face down, on the home’s floor. John Doe was restrained for a period of approximately 14 minutes, during which time he stopped breathing. No one from the home attempted to resuscitate John Doe, and he was not provided with any medical care until law enforcement and paramedics arrived on scene.
Chain | Cohn | Clark filed a wrongful death lawsuit on behalf of John Doe’s mother.
Throughout litigation, the group home contended that it was not at fault for John Doe’s death, and that instead his death was due to his poor health. Moreover, the group home contended that John Doe started the altercation, by punching the staff member. Chain | Cohn | Clark was successful in proving that the group home should have provided special training to its staff, including training for how to safely restrain someone such as John Doe.
The case settled for insurance policy limits of $1 million.
$810,000 – Workers’ Compensation
The plaintiff was injured when a drill fell on his shoulder, causing severe injuries to his neck, upper back, shoulder and chest. The client and his family came to Chain | Cohn | Clark because they needed help dealing with the complicated nature of the injuries and the consequences it was having on all of them.
The total guaranteed payout to the client came out to $810,000 in workers’ compensation benefits.
For more results and case information, visit the Chain | Cohn | Clark 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.