Articles Posted in Negligence

|

firemen-at-work-416232-m.jpg

The old adage of “a picture is worth a thousand words” is no more relevant than in the course of a legal investigation and potential litigation. By extension, if a picture’s worth can be measured in the thousands, a video’s value can be exponentially greater in terms of what it might say about facts or issues in legal proceedings. We are reminded of the power of images in the wake of news that footage from a San Francisco Fire Department firefighter’s helmet camera may land him a departmental reprimand. And San Francisco personal injury attorney Greg Brod reminds us of the critical importance of preserving and recording evidence that could prove pivotal to supporting a legal claim one may decide to pursue.

Disciplinary Action Against Firefighter Being Considered
As reported by the San Francisco Chronicle, SFFD Fire Chief Joanne Hayes-White is considering disciplinary action against Battalion Chief Mark Johnson, whose helmet camera filmed the precise moment when a 16-year-old survivor of the July 6, 2013, crash of Asiana Flight 214 at San Francisco International Airport was struck and killed by an airport fire rig. The young woman, who was prostrate on the airport tarmac and covered by fire-retardant foam, died as a result of being run over by the water-carrying fire rig, according to a forensic investigation conducted by the San Mateo County coroner’s office.

According to Chief Hayes-White, the film from Johnson’s camera was not permitted under a 2009 departmental order that disallowed unauthorized video recordings “in the workplace” and at fire stations. The fire chief, whose disciplinary action comes two weeks after the helmet camera footage became public, stated that the privacy rights of victims and firefighters outweighed the value of videos from helmet cameras.

Evidence Falls into Different Categories
The ill-fated Asiana Airlines flight that crashed while attempting to land at SFO this summer will have provided a plethora of evidence that could prove or disprove facts in the airplane accident, not least of which is the abundant debris from the crash. The remains of the Boeing 777 would be considered physical evidence, or that evidence that can be touched. Such tangible evidence would stand in contrast with evidence that is provided orally – testimony from the survivors of the crash, for example. In addition to the matter of whether evidence is physical or oral, an additional question is raised as to whether it is direct, i.e., without need of an inference, or circumstantial, which requires an inference to establish a fact. Pictures or film are considered to be a form of direct evidence, and they can be either direct or circumstantial. And in the case of a video that shows an alleged act being carried out, a judge and jury could be staring down the barrel of a proverbial smoking gun.

In addition to the important questions of defining and classifying evidence, sometimes a legal proceeding involves the serious matter of whether there was spoliation of evidence. Spoliation of evidence is defined as the withholding, hiding or destruction of evidence to a legal proceeding, which is a criminal act. Spoliation is also considered a separate tort in many states.
Continue Reading ›

|

bay-bridge-809601-m.jpg

Bay Area residents are anxiously awaiting the scheduled opening of the Bay Bridge shortly after the Labor Day weekend. The dismantlement of the old eastern span has begun in earnest as workers put the finishing touches on its gleaming new replacement. But as the region’s anticipation builds for the public use of the new bridge, a recently settled wrongful death lawsuit suggests an ill-advised design, poor communication and haste may have been behind an accident-prone temporary stretch of the old eastern span.

S-Curve Quickly Earned Perilous Reputation
As reported by the San Francisco Chronicle, documents from the lawsuit reveal that Caltrans managers never green-lighted the dangerous design of the Bay Bridge’s S-Curve, a stopgap section of the old eastern span with tricky sharp turns that was the scene of a fatal accident on Nov. 9, 2009, in which a Hayward truck driver fell 200 feet to his death after his big rig swerved and heaved over the railing, plunging to Yerba Buena Island below. The documents from the lawsuit filed on behalf of the family of the deceased truck driver went on to say that Caltrans officials approved the use of movable concrete rails in spite of a known risk that vehicles could go over the side of the rails. Motor vehicle crashes on the S-curve spiked in the weeks after it was completed for public use, and Caltrans sought to mitigate the perilous nature of the S-curve by imposing a slower speed limit and then installing “rumble” strips.

Lawsuit’s Documents Recount Quick Adoption of Shaky Standards for Temporary Bridge Passage
The lawsuit accused Caltrans of negligence in setting up a “concealed trap” by requiring motorists to negotiate the very sharp, unbanked turn of the S-curve while driving over a roadway with narrow lanes and shoulders as well as a substandard railing. The lawsuit’s documents also show that the S-curve, which was designed in 2003, fell short of freeway standards set by the American Association of State Highway and Transportation Officials (AASHTO). Caltrans had hitherto heeded guidelines set by the AASHTO, but proceeded with construction of the S-curve after waiving the organization’s restrictions and subsequently tightening up the curve’s turns. However, plans for tightening the S-curve were not blueprinted by the curve project’s original engineer, but instead by a different Caltrans engineer who, a deposition from the lawsuit states, never discussed the changes with the original engineer. The S-curve’s tightening is at the heart of what senior Caltrans officials said they never approved. Perhaps the most disheartening narrative to emerge from from the lawsuit documents, though, was the one strongly implying that Caltrans officials hastily proceeded with installation of the S-curve – in spite of its apparent shortcomings – because the agency was motivated by a desire to save money and time.
Continue Reading ›

|

bicycle-symbol-1383407-m.jpg
The August 14 fatal collision between a bicycle and a truck in San Francisco that resulted in the bicyclist’s death is still fresh in the minds of Bay Area residents as well as in the thoughts of San Francisco bicycle accident attorney Greg Brod. However, with the back-to-school season upon us, the region is entering a potentially dangerous period for younger bicyclists, who are among the most vulnerable members of our society.

The tragic crash at the intersection of Sixth and Folsom streets in San Francisco’s South of Market neighborhood took the life of 24-year-old Amelie Le Moullac, who died when a truck hit her while making a turn. The female bicyclist was riding in the bike lane when the truck struck her, and she succumbed to her injuries and was later pronounced dead at San Francisco General Hospital. As reported by the San Francisco Chronicle, it wasn’t until Monday that the San Francisco Police Department agreed to expedite the release of a copy of the police report on the collision to the Le Moullac family.

As the National Highway Traffic Safety Administration’s most up-to-date statistics reveal, bicyclists even younger than Le Moullac are the highest risk group for injuries in traffic crashes. While the 45-54 age group of bicyclists accounted for the highest number of those of killed in traffic collisions in 2011, the 16-20 age group of bicyclists registered the highest number of injuries resulting from traffic crashes for that year. Indeed, just as NHTSA statistics showed that the majority of bicyclists killed or injured in 2011 were males – 85 percent and 78 percent, respectively – within injuries alone, the largest single group of the 38,000 male bicyclists injured in 2011 were the 6,000 in the 16-20 age category. By far, the highest injury rate per million in the population of both males and females, 380 per million, was registered by 16- to 20-year-old bicyclists involved in a traffic collision in 2011.

While on their way to and from school or college, teenagers often choose to ride their bicycles, especially in a state with an ingrained bicycle culture such as California. As NHTSA statistics further reveal, it was precisely during the period when students are most likely to be returning home from class, during the 4 p.m. to 7:59 p.m. period, that largest percentage of bicyclists were killed in traffic collisions in both 2010 and 2011, at 28 percent and 30 percent, respectively. In 2010 and 2011 the 8 a.m. to 11:59 a.m. period (13 percent and 14 percent, respectively) and the noon to 3:59 p.m. time slot (17 percent and 18 percent, respectively) – when students are most likely to be on their way to school – also accounted for large shares of bicyclist fatalities from traffic collisions.
Continue Reading ›

|

gas-meters-1405198-s.jpg
As we approach the third anniversary of the September 9, 2010, gas line explosion in San Bruno that killed eight people and destroyed and damaged more than 50 homes, Pacific Gas and Electric Company, the utility whose gas lines exploded, has yet to complete an overhaul of its gas system in the San Francisco Bay Area. According to Bloomberg, the California Public Utilities Commission, which is the state agency responsible for regulating PG&E, also has yet to determine a punishment for the fiery catastrophe but expects to make a decision by the end of this year.

Utility’s Bill for Disaster Yet to be Tallied
Should the CPUC levy a $2.25 billion fine – commission staff recommended that penalty last month – PG&E’s total bill for the disaster would come to $4 billion, including funds already spent on infrastructure repairs and safety upgrades, according to company Chairman and Chief Executive Officer Tony Earley. In the meantime, the utility and its shareholders are concerned that the CPUC-imposed fine could push PG&E into its second bankruptcy in 12 years.

Concern over PG&E’s financial health notwithstanding, much work remains to be done on the Bay Area’s gas line network, with many infrastructure and safety issues that were raised by the explosion still unresolved or whose fixes are a work in progress. And, according to a recent report in the San Francisco Chronicle, PG&E has not been forthcoming enough on disclosing problems concerning transmission lines in its system and has employed records with errors to document maintenance. With natural gas such a volatile element and with the high-use winter months fast approaching, a less-than-safe gas network and an error-prone utility maintaining that system is hardly a reassuring combination for residents of San Bruno and other Bay Area communities to contemplate.

Poor Record-Keeping Bedevils Gas Network Still in Need of Key Fixes
Inaccurate records were a key factor behind the September 2010 disaster in San Bruno. PG&E failed to accurately describe the failed gas line’s characteristics, which in turn led to the utility not conducting tests that would have revealed the gas line’s fatal flaws. Furthermore, PG&E’s erroneous or outdated records led the utility to run a gas line at a pressure level that was dangerously too high for another urban area on the Peninsula. Indeed, government investigators have found that PG&E has inaccurate or even nonexistent records for much of the more than 1,000 miles of gas transmission lines in its system. These fundamental lapses in record-keeping procedures have come to light in the context of revelations that PG&E workers have found significant stretches of gas pipes with faulty seams in a major connector line on the Peninsula – contrary to what records kept by the company asserted – which could result in a major explosion similar to the one that rocked San Bruno three years ago.
Continue Reading ›

|

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

fireworks1.jpg 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.

Continue Reading ›

|

Summer memories are made of barbeques, ice cream treats, and days by the swimming pool. These days can be filled with fun and magic. However, it is important to remember that swimming pools can also be the site of terrible tragedy. Our Northern California swimming pool lawyer knows that these tragedies leave unspeakable scars on the families that experience them. While money damages cannot bring back the children lost in these events, bringing a civil claim may be appropriate in some cases and can provide resources that allow the families to move forward from a terrible loss.

Boy Drowns in South San Jose Swimming Pool

This weekend, The Oakland Tribune covered the death of a young child in a California community pool. At around 5:40 P.M. on Friday, emergency officials were called to the County Fair Mobile Estates, a South San Jose mobile home park located off Senter Road at 270 Umbarger Road. Prior to their arrival, Dianne Ranteia and her 23 year-old daughter had pulled 4 year-old Michael Trinh from the water after spotting him at the bottom of the pool. Officials found Trinh unresponsive and, despite transferring him to a local hospital, later pronounced the boy dead.

Continue Reading ›

|

flag.jpgMemorial Day is an opportunity to pause and remember those who made the ultimate sacrifice while serving our country. It is also an unofficial kick-off to the summer season, a moment marked by barbeques and trips to the beach. For many, these events involve alcohol. In our many years as your Oakland car accident law firm, we have learned that too often holiday celebrations lead to an increase in traffic accidents, including accidents that cause serious bodily injury or even death. Holiday accidents turn celebrations into tragedies, tragedies that victims are then forced to remember while others celebrate the holiday in the years to come.

California Sees Fewer DUIS but More Traffic Deaths Over Memorial Day Weekend

According to the Oakland Tribune, this Memorial Day weekend saw fewer DUIs in California but more traffic deaths than the 2012 holiday. For the two-and-a-half day span between 6 P.M. on Friday May 24 and 6 A.M. on Monday May 27, the California Highway Patrol reports that 1,113 drivers were arrested for driving under the influence statewide (165 in the Bay Area). In 2012, the corresponding period saw 1,161 DUI arrests (166 in the Bay Area). This year, the period saw fifteen automobile fatalities in California (two in the Bay Area), not including a crash that fell just outside the timeframe claiming three lives in Colma at approximately 7:30 A.M. on Monday. 2012’s two-and-a-half day span saw eleven deaths due to automobile collisions statewide (one in the Bay Area).

Continue Reading ›

|

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

gavel2.jpg 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.

Continue Reading ›

|

In recent years, the term “distracted driving” has worked its way into our conversations about driving safety. We believe this is a good thing. In the minds of the team at our Sacramento injury law firm, the more attention paid to safety, the better. We are glad people are talking about distracted driving and hope this awareness leads to accident prevention. However, too often these conversations focus solely on the danger of using mobile communications devices behind the wheel. While this is absolutely an important topic, we hope people remember that the danger of distracted driving is much broader issue and encompasses any number of threats that take the driver’s focus away from the road.

Truck Tumbles Down Canyon, CHP Blames Distracted Driving

As reported in the Sacramento Bee, distracted driving led to a fatal accident in the Concow area of Butte County on Wednesday afternoon. Nineteen year old Charles Taylor of Chico was driving a pickup truck along a narrow dirt section of Concow Road, an area bordered by a deep canyon. He told California Highway Patrol (“CHP”) officers that he became distracted by a conversation with his three passengers and took his eyes off the road for a brief moment. When he looked back, the left front tire of the pickup truck had drifted off the left side of the road. The truck proceeded to roll down the canyon, coming to a stop some 800 to 1000 feet below the road surface. All four occupants, none of whom were wearing a seatbelt, were ejected from the truck. The two survivors, Taylor and Samuel Montgomery (age 19, of Chico), had to climb up to the road in order to summon help. Two other passengers, a 39 year old woman from Oroville and a 24 year old man from Modesto, died at the scene. CHP attributed the accident to distracted driving. Alcohol was found in the truck but officers do not believe it was a factor in the accident.

Continue Reading ›

|

In law school, students take classes focused upon specific areas of the law, examining topics separately in order to grasp each legal concept. However, in the actual practice of civil litigation, legal issues overlap and a single incident can involve many different areas of law. Our Sacramento injury law firm understands this reality and Attorney Greg Brod’s experience representing victims in a range of civil matters ensures he can help in the very real world where clients need legal counsel capable of seeing the wide range of issues implicated in a single case.

Poisonous Mushrooms Leave Two Dead, Four Ill at Loomis Elder Care Facility

The Sacramento Bee is following a tragic incident that left two dead and four ill at a senior living facility in the Sacramento area. The Gold Age Villa is a small assisted living facility located in Loomis and licensed for up to six residents at a time. Among the qualities touted on its website is the attention to special dietary needs and the preparation of homemade meals, an element that can attract people who dislike the institutional feel of the food services at other, typically much larger, senior care facilities. The facility is owned by Raisa Oselsky who has also run the home for more than five years. Last Friday, a caregiver at the home made a tragic error and prepared a homemade soup using wild mushrooms. Unfortunately, the mushrooms were toxic and the meal led to the death of eighty-six year old Barbara Lopes and seventy-three year old Teresa Olesniewicz. Four others, including the caregiver, also fell ill after consuming the soup. Oslesky did not answer calls about the incident. The Placer County Sheriff’s Office ruled the deaths accidental.

Continue Reading ›
Contact Information
San Francisco, CA
100 Pine St #1250
San Francisco, CA 94111
Toll Free: (800) 427-7020Phone: (415) 397-1130
Los Angeles, CA
11150 W Olympic Blvd #1050
Los Angeles, CA 90064
Toll Free: (800) 427-7020
Petaluma, CA
17 Keller St
Petaluma, CA 94952
Toll Free: (800) 427-7020Phone: (707) 238-8999

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2024, Brod Law Firm
JUSTIA Law Firm Blog Design