California Injury Lawyer Blog

DELAWARE - Reuters reported today that 14 victims of sexual assault reached a $7 million settlement with three Catholic Church institutions, according to two of the victims. The article stated that nine of the plaintiffs in the settlement were alleged victims of former Capuchin Friar Pal Daleo, and five others were allegedly harmed by John Fleming, former St. Edmonds Academy lay teacher and wrestling coach.

Two of the fourteen victims, Matthias Conaty and Jeff Rose, who announced the settlement, were abused in the late 1970's and early 1980's. Earlier this year, the Diocese of Wilmington paid a $77.4 million settlement to 146 alleged victims, forcing the diocese to declare bankruptcy.

The Child Victim's Act of 2007 eliminated the civil statute of limitations on clergy sexual abuse in Delaware and allowed a two-year window for victims to file civil suits. A similar law is being considered in Pennsylvania, where the Penn State scandal is currently under close scrutiny.

Continue reading "$7 Million Settlement Reached in Delaware Sexual Abuse Case " »

WASHINGTON - In personal injury news, the Tacoma News Tribune reported a Washington jury awarded $2.2 million to a woman who suffered bites to her face and arms while trying to pull a neighbor's pit bull off of her small dogs. The jury found the owners of the pit bull 52% responsible; Pierce County was found 42% to blame because animal control officials neglected to take action even after getting more than a dozen complaints about the animal. The victim, Stephanie Gorman, filed two complaints about her neighbors dogs running loose in the months before the attack in August 2007. Gorman was found 1% responsible for leaving an open sliding-glass door open, through which the dogs entered her home.

Dog Bite Liability & Personal Injury Claims

Dog owners are responsible for controlling their pets, and for the consequences of their pets' actions. In certain cases, such as this 2007 dog mauling, other parties may be liable for dog bite injuries, if their negligence contributed to a mauling or attack. If you or your child has been bitten by a dog in California, contact a California dog bite lawyer to discuss your legal rights with an attorney. You may be entitled to financial compensation for medical care expenses, lost earnings, pain and suffering, and other damages.

Continue reading "Washington Dog Mauling Victim Awarded $2.2 Million" »

FRESNO COUNTY--A monthlong trial ended today when a Fresno County jury awarded $7.2m to the family of the Highway 99 big rig accident victim.

On April 2009, John Haen, who was the volunteer driver for the Sierra Pines Church bus, was in the process of refueling the bus after it had run out of gas when two big rigs collided and slid into the nearby bus and Haen.

One of the children onboard was Haen's nephew, Bodie Young, who was awarded $514,000 for pain and suffering related to depression and post traumatic stress disorder that he has suffered from witnessing his uncle's death.

Jurors awarded Haen's wife Sheryll Haen, herself a victim of the 1976 Chowchilla school bus kidnapping, $6.7 million for pain and suffering and loss of love and financial support as a result of the death of her husband.

During the trial, jurors heard testimony about how the particular nature of this accident exacerbated the pain and suffering for Sheryll Haen who had recently overcome, with the help of her late husband, a lifelong fear of buses as a result of the childhood kidnapping.
Although the attorneys for defendants Logos Group Inc. and Triple E Produce considered the Chowchilla kidnapping irrelevant to the current case, Judge Donald Black allowed the testimony.

All the parties did agree that the verdict was a fair settlement.

Truck Accident Personal Injury Liability
In cases that are complicated by factors external to the accident itself, as well as truck accidents that involve multiple defendants, a victim or their family will greatly benefit from working with an experienced truck accident attorney. The attorneys at Estey Bomberger are happy to help provide a free consultation to review your case and discuss factors that will determine what is a fair settlement for you.

Continue reading "Fresno Jury Awards $7m to Hwy 99 Victim's Family" »

Toning shoes are not without controversy and concern. While advocates insist the shoes are effective and safe, critics are dubious as to whether the shoes actually burn calories, and actually are safe to wear. Now Skechers is marketing the trendy exercise shoes to girls as young as seven years old. A commercial running on children's channels such as Cartoon Network and Nickelodeon shoes a group of slim, in-shape young cartoon girls wearing Shape-ups, with one girl being chased by out-of-shape boys dressed as hot dogs, ice-cream and cupcakes.

Many parents are concerned about the marketing of the shoes, as well as the potential injuries that could result from wearing the shoes, including ankle and knee fractures, hip stress fractures and head and hand injuries from falling. Whether because the shoes potentially send a negative, body-conscious message to young girls, or because wearing them could cause life-impacting injuries, there are many reasons to not buy toning shoes for kids, or adults. Currently, the Los Angeles based Skechers is not manufacturing the shoes for boys, but Skechers President Leonard Armato stated that the company would potentially make the shoes for boys if the market demanded it.

The Skechers Shape-ups injury lawyers at Estey Bomberger are currently screening toning shoe injury cases. If you or your child has suffered an injury from wearing Skechers Shape-ups (or any other toning shoe) that required hospitalization or surgery, contact Estey Bomberger for a free, no-obligation consultation. You may be entitled to compensation for your injuries from the manufacturer of the toning shoe that caused your injury.

Continue reading "Concerns Arise Over Skechers Shape-Ups For Kids " »

In personal injury news, a jury in Newport News, Virginia, has awarded $25 million against Exxon Mobil to a former shipyard worker who was exposed to asbestos while working as a ship fitter in new construction for seven years, and then repairing commercial vessels for the company for 11 years. The plaintiff, Rubert Minton, 72, now suffers from mesothelioma, a rare cancer that develops almost exclusively from prolonged exposure to asbestos. Minton, who has been given a prognosis of only two years to live, was awarded $12 million in compensatory damages, $12.5 million in punitive damages, and $430,961 in medical expenses, plus interest. Exxon Mobil will likely appeal the verdict - which could take several years.

Continue reading "Virginia Jury Awards $25 Million to Former Shipyard Worker in Asbestos Case " »

In response to recent reports of bone fractures and other serious injuries caused by toning shoes, the dangerous product lawyers at ESTEY BOMBERGER have taken action to caution the consumer public about the possibility of sustaining broken bones and other serious injuries from wearing Skechers Shape-ups athletic shoes and other toning shoes.

Launched in 2009, Skechers Shape-ups are a popular "toning shoe" with a curved, elevated sole. The shoes are marketed to provide numerous health benefits including calorie-burning and muscle toning. Walking in toning shoes is compared to walking barefoot on a sandy beach or balancing on a wobble board. The instability the shoes create forces the body to use muscles in the feet, legs, and core. However, the purported benefit of the shoes also create a very real risk of of serious injuries.

Skechers Shape-ups and other similar toning shoes may cause serious injuries, according to several lawsuits filed this year. The risks of the shoes are from losing balance and falling, as well as from changes in gait resulting from extended wear of the shoes. Injuries may be substantial; the treatment of a leg fracture will vary depending on the type, location and severity of a break. Treatment of a stress fracture may require rest for several months; more serious fractures such as a trimalleolar ankle fracture may require surgery and months of non weight bearing.

Estey Bomberger attorneys take pride in educating and representing injured consumers. From unsafe medical devices to defectively designed automobiles, the lawyers at Estey Bomberger fight to protect the rights of injury victims nationwide. If you have suffered Skechers injuries such as a broken bone or chronic tendonitis from wearing Skechers Shape-ups or any other toning shoe, contact Estey Bomberger today for a free consultation of your legal rights. You may be entitled to damages for medical expenses, lost earnings, pain and suffering and other damages.

Continue reading "Personal Injury Lawyers Caution Consumers About Dangers of Skechers Shape-ups Toning Shoes " »

JANUARY 26, 2011 -- Estey Bomberger Files Lawsuit in SDSU Stabbing Death Involving Fabian Nuñez's Son

The California wrongful death law firm Estey Bomberger has announced it has filed a lawsuit on behalf of Fred and Kathy Santos, the parents of Luis Santos, who was stabbed to death at the age of 22, in San Diego on October 4, 2008. Santos' death drew statewide and nationwide media attention because defendant Esteban Nuñez is the son of former California State Assembly Speaker and prominent democratic politician, Fabian Nuñez.

The civil suit was filed in San Diego Superior Court against Ryan Jett, Esteban Nuñez, Rafael Garcia and Leshanor Thomas, all of whom have been criminally prosecuted for Santos' death. The civil suit alleges that each of the four defendants is civilly liable for the death of Luis Santos and the enormous loss caused to the Santos family. The complaint asks for damages and does not state a dollar amount being sought (continue reading).

In personal injury settlement news, a $2.7 million wrongful death settlement has been reached stemming from a fatal accident that occurred at a New Years Eve party in 2007 in Lakeview, Illinois. The victim, Michael Doyle, a 26-year-old financial trader and Cincinnati native, was attending a party with friends from college at the building where the accident occurred. Doyle tripped and fell head-first through a 2 foot by 8 foot gap in the railing, plunging three stories to his death. According to the Chicago Breaking News Center, six months prior to the accident, building management had been alerted by their insurance carrier that the gap in the railing should be closed with wire mesh. Bids were obtained to do the work but nothing had been corrected before the accident occurred. The settlement was reached with the building's management company, Kenard Management Corporation.

Continue reading "$2.7 Million Settlement Reached in Fatal Building Fall " »

Twenty-one children were hurt in May 2008 when the spinning Yo-Yo chair ride collapsed at the Calaveras County Fair. After a 10-month investigation, the California Department of Industrial Relations determined the ride had not been properly maintained, saying a damaged washer failed to hold a pair of nuts in place, causing the arms to crash.

This week, the AP reported that a family of five San Andreas children hurt in the ride collapse reached a settlement of nearly $3.4 million with Brass Ring Amusements, Chance Rides Manufacturing and North American Amusements. Attorneys for the family said one of the injured children suffered orthopedic injuries and permanent brain damage. The settlement was approved by a judge last Tuesday.

In October 2008, Chance Rides Manufacturing, based in Wichita, Kan., in cooperation with the Consumer Products Safety Commission issued a voluntary recall of about 85 Yo-Yo rides operating around the country.

Continue reading "Calaveras County Fair Ride Victims Receive $3.4 Million Settlement " »

In personal injury news, a jury in Houston awarded nearly $14 million to a man who was severely burned in a tanker explosion in April 2007. The injured plaintiff, Carl Cotright, was loading the tanker with a flammable liquid when it ignited. According to ABC 13 news, by the time he realized what had happened, it was too late. He suffered burn injuries over much of his body. Cotright sued transport company C&G Hot Shot Service, and the company originally offered to settle the case for $15,000. This week, a jury sided with Cotright and awarded him nearly $14 million in actual and punitive damages. C&G said it planned to appeal the multi million dollar verdict.

Continue reading "Jury Awards $14 Million to Houston Man Burned in Tanker Explosion " »

A San Jose, CA jury late yesterday afternoon awarded a former foster care child $30 million in damages for sexual abuse the child endured due to the negligence of the private company that licensed the foster home in which the child was placed for four years. (See Mercury News)

The plaintiff, who for privacy issues is only identified as John Doe, was 11 years old when he was placed in the foster home of John Jackson in Santa Clara County, California. Doe was forced into more than 600 acts of sexual abuse by Jackson from December 1995 to March 1999 when Doe was removed from the home.

The defendant in the case, Giarretto Institute, was licensed by the State of California to supervise and monitor the Jackson home as a foster family agency. The jury found Giarretto 75 percent responsible for the injuries to Doe and Jackson 25 percent responsible. Giarretto is responsible for $22.5 million of the $30 million verdict.

Doe is now 25 years old and suffers from residual mental distress as a result of the abuse. Three other foster children who were also in the Jackson home and suffered similar abuse have lawsuits pending.

At trial, the plaintiff's attorney, Stephen Estey of Estey Bomberger presented extensive evidence showing that Giarretto did not properly train its employees, many of whom had other full time jobs and worked for the company on a part-time, off-hours basis. When allegations of sexual abuse were raised by the foster children, Giarretto did not have any investigators with sexual abuse experience, so the allegations were not properly investigated and were found by Giarretto's staff to be unsubstantiated.

The trial lasted two and one half weeks, and the verdict was returned in one day. The jury was comprised of seven woman and five men. The Honorable Peter Kirwan presided over the trial.

The verdict is the largest in California this year for a single person sex abuse case and is one of the largest verdicts in the state in 2010. It is believed to be the largest verdict in California history for a single person sex abuse case.

During the trial, the jury heard testimony that the company which initially licensed the Jackson home (Giarretto subsequently purchased that company) did not conduct a proper background check of Jackson. An elementary reference check of Jackson would have uncovered disturbing information about his past that would have disqualified him from being a foster parent, such as a history of inappropriate sexual conduct including sex with a minor, a history of drug and alcohol abuse, threats toward others with firearms, physical abuse toward his pregnant wife and suicide attempts resulting in psychiatric hospitalization.

Jackson has been convicted of his abuse against Doe and the other victims and is currently serving a 200+ year sentence.

Continue reading "Jury Awards Record $30 Million Verdict in San Jose Molestation Case " »

In personal injury news, after a three-week trial and two days of deliberation, a jury in Barstow has awarded $32.2 million to a 17-year-old boy who was left quadriplegic after he jumped from a moving pickup truck and struck his head on the pavement on Highway 127 in 2003. The family of Dillon Elkins will receive 80% of the award, as the jury found the driver 80% at fault, and Dillon 20% at fault.

According to the LA Times, back in 2003, Dillon Elkins (who was 10 at the time) and another 10-year-old boy approached a football player, Robert Murchison, who was 18 at the time, and asked for a ride. Murchison alleged he said no, because the cab of the truck was full, and that Dillon and the other boy got into the cab of the truck on their own.

In court documents, Dillon's attorney contended that Murchison told the two young boys that if he saw a cop, he would yell or honk, and they should jump out. On northbound CA-127, Murchison saw a CHP vehicle going in the opposite direction, and reportedly told the boys to jump.

Dillon's mother was told at the hospital that he might mot make it through the night. He remained in a coma for three weeks. He sustained a massive traumatic brain injury that left him unable to talk, walk or eat anything except through a feeding tube.

Continue reading "Barstow Jury Awards $32 Million to Baker Boy Left Quadriplegic After 2003 Accident " »

In personal injury lawsuit news, on May 29th, a jury in Yolo County awarded a 63-year-old man $1.5 million for injuries he suffered in a truck accident on October 2, 2004. According to the Daily Democrat, plaintiff Michial Jacobs was driving his pickup truck pulling a trailer on I-505 north of Highway 16 when the driver of a big rig truck behind him fell asleep at the wheel.

The big-rig, loaded with 40,000 pounds of sugar, rear-ended Jacobs' pickup truck and trailer at about 55 mph. Jacobs reportedly suffered a concussion, fractured a left rib, and an injury to his mid back which resulted in chronic back pain. He has not been able to return to work as a carpenter since the accident.

The truck driver was employed with Washington state-based companies Pacific Transportation Services and Ernie Newland. The Daily Democrat reported that the plaintiff offered to settle on June 20, 2007, for the insurance policy limits. As a result of the defendants' refusal to accept that offer, the plaintiff is entitled to an additional $442,000 in interest plus all costs. The jury's award is the largest known verdict for a single person's injury in Yolo County.

Continue reading "Yolo County Jury Awards $1.5 Million to Man Injured in Interstate 505 Truck Accident " »

In personal injury lawsuit news, a jury in Miami-Dade recently awarded more than $14 million to a Sarasota man who inhaled asbestos in the 1970s and now has mesothelioma.

According to the Miami Herald, William Aubin, a 59-year-old retired firefighter, worked for his family's construction company in the 1970's and during that time, was exposed to joint compounds laden with asbestos. Eventually, Aubin developed peritoneal mesothelioma, a rare and usually fatal type of cancer that attacks the lining of the abdominal cavity and organs.

The jury found chemical manufacturer Union Carbide was negligent in using the asbestos fibers to make the joint compounds that were used by Aubin's family's construction company. The labeling on the compounds did not mention asbestos or warn users about the dangers associated with asbestos. The jury also found four of the compound manufacturers, including Georgia-Pacific, shared some of the responsibility for causing Aubin's cancer.

Continue reading "Jury Awards $14 Million in Florida Asbestos Case " »

In personal injury news, a lawsuit has been filed after a 44-year-old man suffered catastrophic injuries in a fall from a zipline ride at a Scout-O-Rama event at Kelly Park in San Jose on May 9, 2009.

The victim, Linden Feldman, a software engineer and former Eagle Scout, was told he was safely hooked on to the zipline ride and jumped from the tower, yelling "Geronimo." His 10-year-old son and 9-year-old daughter witnessed his terrifying, almost instant 25 foot fall to the ground. The injuries he sustained in the fall left him in a coma for a week with a traumatic brain injury, a collapsed lung, respiratory failure surgery required to remove portions of his bowel.

Court documents allege that the Boy Scout leader did not know that he had to shackle riders to the safety ring on the harness. Instead, he attached riders to a thin piece of nylon cloth. The method was strong enough to hold small children, but was not strong enough to hold Feldman, the first adult to ride the zipline. The suit was filed in Santa Clara County Superior Court against the Boy Scouts of America and the Santa Clara County Council of Boy Scouts.

Continue reading "Boy Scouts of America Sued Over Scout-O-Rama Zipline Accident " »