Wrongful Death

Wrong-Way Accidents, Catastrophic Consequences

September 16, 2014 | Gregory J. Brod

Picture yourself driving along a highway, a high-speed roadway with a physical median, a route you know by heart. Traffic is light and you may have wearied of seeing yet another bumper sticker, more brake lights, but you are still unprepared for a different image — Headlights. It is an image that would frighten even the most adept of drivers. Wrong-way drivers are a relatively rare sight, but wrong-way accidents are frequently catastrophic and often fatal. With specific experience dealing with catastrophic accidents, our Palo Alto car accident attorney is prepared to help innocent parties left injured or grieving by these terrifying crashes.

Palo Alto Wrong-Way Crash Leaves One Dead, One Seriously Injured

Last Thursday, as detailed by the Contra County Times, a Palo Alto wrong-way crash claimed one life and left another person facing major injuries. At 12:52 A.M. on September 11, police received reports of a wrong-way driver heading north in the southbound lanes of Highway 280 by El Monte Road. Less than ten minutes later, the driver collided with another vehicle near Page Mill Road. Twenty-three year old Brian Devoto of Santa Clara died in the crash and an unnamed female driver suffered serious injuries. As of Friday morning, police were still working to determine which of the drivers was the wrong-way traveler and also looking at whether alcohol or drugs played a factor in the deadly incident.

The Dangerous Mix of Earthquakes and a Negligent Lack of Preparation

September 11, 2014 | Gregory J. Brod

Living in California, we all know that earthquakes are a threat. Still, nothing can truly prepare you for feeling the ground shake beneath you, especially to the degree it moved during the history-making 6.0 quake that hit Northern California on August 24, 2014. Given our region’s propensity towards earthquakes, it is important to take steps in advance to help avoid earthquake injuries or death. If you or a loved one is hurt or a close relative is killed because another person/entity negligently failed to prepare for an earthquake, our Napa earthquake attorney may be able to help you hold those responsible liable and recover money damages in civil court.

Woman Hit By Television Becomes First Fatality of Napa Earthquake

On Friday September 5, a woman became the first reported death linked to the recent earthquake. The San Francisco Chronicle reports that 65 year-old Laurie Anne Thompson was asleep on a recliner in her home when the quake hit. A television toppled off a stand, hitting Thompson in the head. Although she was knocked unconscious, she did not seek treatment immediately. The following day, family members noticed a sudden decrease in cognitive ability and later, while preparing to go to the doctor, Thompson collapsed and seized. Doctors diagnosed a subdural hematoma and began treatment using a tube to drain blood and fluid from the brain. After Thompson improved for seven days and the tube was removed, she began to decline and eventually passed away. The coroner listed intracranial hemorrhage as the cause of death.

Earthquakes, Insurance, and Liability

August 27, 2014 | Gregory J. Brod

Over the weekend, our area was hit by a 6.o earthquake. As Californians, we all know that earthquakes can happen, but it is always a bit surprising when it does and Sunday’s quake was the largest since 1989. In this post, our Northern California earthquake injury law firm looks at two issues relating to earthquakes and the damage they leave behind. First, we look at why earthquake insurance is of limited assistance following tremblers. Second, we turn to the issue of earthquakes and civil liability. Specifically, the second section examines the liability of a property owner for injuries sustained during a quake because the property was not earthquake-safe.

The Limits of Earthquake Insurance

An article in the San Francisco Chronicle explains that only a small portion of those whose homes were damaged in the Napa quake will be covered by earthquake insurance policies. Glenn Pomeroy, the California Earthquake Authority’s chief executive, noted that a mere 5% of homeowners in the quake zone compared to about 10% statewide.

Lightning Strikes and California Injury Law

August 1, 2014 | Gregory J. Brod

Whether you find it beautiful, terrifying, or both, lightning is a “striking” example of nature’s power. Lightning can cause enormous property damages and it can also cause serious injury or even death. While you can’t sue Mother Nature for lightning injuries, there are sometimes individuals or entities that contributed to the danger. Our San Francisco lightning injury law firm can help victims pursue money damages and hold such entities responsible for their role in lightning tragedies.

Venice Beach Lightning Strike Injures 13, Kills 1

As CNN reported, people enjoying Southern California’s Venice Beach last Sunday saw their day quickly shift from relaxing and fun to frightening and deadly. A round of thunderstorms had been forecast and a lightning strike hit the water and beach at 2:51 PM. The bolt left 13 people injured; all had been in or near the water and 8 required hospital treatment. One additional person, a 20 year old man, was killed, although officials were not initially certain whether he died because of the lightning itself, drowned, or was trampled.

The Danger of Downed Power Lines

July 18, 2014 | Gregory J. Brod

Sometimes, as our San Francisco car accident lawyer knows quite well, real life writes stories that our imaginations never could. In this case, the San Francisco Chronicle reported a story that began when 21 year old Arman Samsonian crashed into a fire hydrant while rushing to the gym. Witness Irma Zamora, age 40, called 911 and then raced over to help. She was joined by 39 year old Stacey Schreiber. Unbeknownst to the two women, electricity was running through the water around the wrecked car. Both of the Good Samaritans were electrocuted and both died. The incident had unusual aspects but, unfortunately, it is far too common for downed power lines and electrocution to cause injury and/or death following a car accident.

In May, despite his attorney suggesting the electrocutions were not a foreseeable consequence of speeding, Samsonian pled no contest to vehicular manslaughter. On Wednesday, a Los Angeles Superior Court sentenced Samsonian to three years of probation and 70 days of community service. The judge also ordered him to pay restitution to the victims (note: restitution typically cannot compensate victims for pain and suffering). Committing another vehicular offense during the probation period will send Samsonian to prison.

What to Do If Power Lines Fall on Your Car

The Dangerous Trend of Medical Professionals Fueling the Epidemic of Prescription Abuse

July 2, 2014 | Gregory J. Brod

Upon finishing medical school, newly minted doctors take an oath, promising to make patient well-being their top priority. Most doctors remain committed to this goal throughout their career. Sadly, however, a small number go astray and misuse their powers, usually for financial gain. Attorney Greg Brod, an Oakland prescription drug injury lawyer, works with families left grieving because a doctor fueled a dangerous fire and contributed to the epidemic of prescription drug abuse.

Podiatrist Accused of Writing Prescriptions for Profit

According to sources cited by the Contra Costa Times, a San Leandro podiatrist is facing charges involving the illegal sale of prescriptions, the same offense he was convicted of in 2008. District Attorney Nancy O’Malley of Alameda County said that Dr. Tan Nguyen wrote more than 5,000 prescriptions in the last year, mainly for highly addictive narcotic painkiller as well as tightly controlled muscle relaxers and anti-anxiety medications.

A Difficult Calculation: California Wrongful Death Lawyer on Damages Following the Death of a Child

March 26, 2014 | Gregory J. Brod

As a San Jose wrongful death law firm, we see people as they are struggling through some of the hardest days of their lives. Perhaps the hardest of all losses is when a parent is left to grieve the unexpected loss of a child. No amount of money can truly compensate people facing this tragic situation, a truth that makes the calculation of wrongful death damages following the death of a child one of a civil court’s most difficult tasks.

Settlement Reached in Death of 14 Year-Old Girl Hit on the Way to School

As reported by The San Jose Mercury News, the family of a 14 year old girl who lost her life in a traffic accident in 2012 has settled a wrongful death claim arising from the tragedy. On November 26, 2012 at around 8:30 A.M., Leyla Beban was headed to Woodside High School where she was in her freshman year. She made a right turn from Jefferson Avenue onto Alameda de las Pulgas and was hit by a pickup truck that was also turning right. Responders took Leyla, who was wearing a helmet, to Stanford Hospital where she succumbed to her injuries. The truck driver stayed at the scene of the collision and cooperated with authorities.

California Lawyer on the Dangers of Carbon Monoxide Poisoning

March 19, 2014 | Gregory J. Brod

It’s a frightening opponent, a colorless and odorless gas that can kill people in their sleep – carbon monoxide. Our San Francisco carbon monoxide poisoning lawyer knows that exposure to this potent gas can be the result of shoddy construction or repair work, a faulty appliance, or other forms of negligence. When careless corner-cutting causes illness or death, including when improperly performed work leads to carbon monoxide poisoning, we believe in holding people accountable and in obtaining monetary damages for the victims.

Involuntary Manslaughter Claims Filed in Connection with Deadly Carbon Monoxide Exposure

Prosecutors in Nevada County, California are pursuing charges against a contractor whose negligence is believed to have led to the deaths of two men, a development detailed in an article in The San Francisco Chronicle. Last fall, Albert Senzatimore, age 69 of San Jose, and Gary Trovinger, age 57 of Los Gatos, both died as a result of carbon monoxide poisoning. The two men were exposed to the gas in a home in the Tahoe Donner ski community.

In New York City Blast, Echoes of 2010 San Bruno Explosion Are Palpable

March 14, 2014 | Gregory J. Brod

As firefighters and other emergency personnel continue to search for survivors in the wreckage of two brownstones in New York City that were brought down by a powerful explosion on Wednesday, they will also be searching for clues as to what caused the disaster. And with preliminary findings pointing toward a gas leak of some kind as the culprit, San Francisco personal injury attorney Gregory J. Brod finds some unsettling similarities with another explosion that rocked a community in the Bay Area in 2010.

According to The New York Times, the Wednesday morning blast that destroyed two adjacent mixed residential and commercial buildings on Park Avenue near 116th Street in East Harlem resulted, as of Thursday’s count, in eight deaths. That figure matches the number of fatalities from the Sept. 9, 2010, explosion in San Bruno, which also seriously injured dozens more. Unfortunately, emergency responders have continued to find bodies at the East Harlem explosion site.

Whereas in the San Bruno blast, which was also linked to a gas line explosion, 38 homes were completely destroyed and almost another 70 were badly damaged, the New York explosion claimed just the two adjacent brownstones, which had businesses on the ground floor and apartments in the upper floors. However, in both cases many residents were displaced from their homes by the respective explosions. When the two buildings at Park Avenue and 116th Street collapsed, scores of people from neighboring buildings were evacuated – as of Thursday, 70 people from seven neighboring buildings have not been allowed to return home due to the fact that their power remains shut off.

While it is still too early to draw any conclusions as to the cause of the explosion in New York, city officials, investigators and community advocates have focused on the city’s aging infrastructure as a possible factor. At the site of the blast, a majority of the underground pipes were laid down more than a century ago. It will be interesting to see if there was a rupture in the Consolidated Edison gas main, what caused it and if it could have been prevented. Residents of the area have stated that Con Ed workers, firefighters and police were in the neighborhood to investigate possible gas leaks one week before the blast happened. Residents also reported smelling gas the night before the explosion – residents close to the San Bruno blast also reported smelling gas days prior to the explosion there.

In the San Bruno explosion, a government probe found that a break in a Pacific Gas and Electric gas line caused the conflagration. Federal investigators also found numerous defective welds in the PG&E pipeline.

As in the San Bruno explosion, several people suffered serious burn injuries and will be scarred for some time. Of the dozens of survivors who were injured, a few remain in critical condition. And the families of those whose fate remains undetermined have agonized over the status their loved ones, with many congregating at relief centers such as the Red Cross shelter or undergoing the painful experience of visiting the medical examiner’s office to obtain information that might help with identification.
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California Toxic Torts Law and the Many Dangers (and Uses) of Chlorine

March 3, 2014 | Gregory J. Brod

While it is a subject that has frustrated many high school students, chemistry is essential to modern life. Likewise, chemicals are essential to everything from medicine to transportation. Still, many useful chemicals are dangerous and chemical exposure can be illness-inducing and life-threatening. As an Oakland chemical exposure lawyer, Attorney Brod uses the legal system to help people injured by dangerous chemicals recover monetary compensation and also brings wrongful death lawsuits on behalf of families who have lost a relative due to chemical exposure. These cases, often classified as toxic tort lawsuits, call upon his legal expertise and his ability to work with expert witnesses to convey complex science to judges and juries.

Repeat Toxic Chlorine Gas Release at Pittsburg Plant Hospitalizes Worker

Investigators with California’s Division of Occupational Safety & Health (“Cal/OSHA”) are looking into an accident that sent a worker to the hospital when, for the second time in only three months, dangerous chlorine gas was released at a Pittsburg plant. According to The Oakland Tribune the K2 Pure Solutions plant was shut down in December when an equipment malfunction in its liquefaction unit allowed a small amount of chlorine gas to be released. The plant’s liquefaction unit supplies chlorine to Dow Chemicals and the main portion of the plant produces bleach products for use by other customers. No one was hurt in December’s incident and the closed portion of the plant reopened in early January.