San Francisco Injury Lawyer Blog

Probe Finds Fate of Some of California’s Hazardous Waste Slipped Through Cracks

November 25, 2013 | Gregory J. Brod

California has some of the toughest standards in the nation on the handling of hazardous waste, with the state’s “cradle to grave” tracking system in place to safeguard the public and the environment by documenting the status of hazardous waste shipped for disposal every year. And yet, Bay Area toxic tort attorney Gregory J. Brod would point out that with the multiplicity of players involved in the process and some 1.7 million tons of hazardous waste disposed of in our state each year one can never be too confident that every single shipment will be dealt with safely.

State’s Tracking System not Immune from Problems
As it turns out, according to a Los Angeles Times investigative report, California’s tracking system is not failsafe and the state Department of Toxic Substance Control cannot account for 174,000 tons of hazardous waste that has been shipped for disposal in the state over the last five years. The DTSC tracking system’s reliance on forms that are often illegible and the inability of data entry contractors to accurately enter information on shipments from those forms has been blamed for misplaced waste. And disposal manifests – the documents required to certify that a shipment was received and properly processed – have gone missing for 1 percent of all loads.

Among the lost loads are some rather alarmingly toxic materials: more than 20,000 tons of lead, which is a neurotoxin; 520 tons of benzine, which is a carcinogen; and 355 tons of methyl ethyl ketone, which is a flammable solvent that has been dubbed by some in the industry “methyl ethyl death.”

Federal standards classify almost 60 percent of the misplaced loads – the state’s database indicate the cargo was shipped but shows no record of arrival at their destination – as hazardous and thus so potentially harmful that they must be regulated in all states. The other 40 percent fall under the stricter standards in California.

With the DTSC’s system not automatically flagging problems, there is already a built-in weakness to an efficient method of tracking hazardous waste disposal. Throw in the fact that seven years ago regulators told the state contractors responsible for entering data on shipments not to bother attempting to make sure the information on all shipments was accurately recorded, and a toxic recipe exists for the fate of tons of harmful chemicals and cancer-causing metals.

Unauthorized or Alleged Improper Disposals in Southern and Northern California
The investigation presented a nightmare scenario of the foregoing that came true in which tons of sewage sludge and contaminated dirt were dumped at a soil-recycling plant in the Coachella Valley that did not possess a permit from the state. Noxious fumes from the plant drifted over a nearby elementary school, sickening children and teachers, and it was only after public outrage and pressure from a U.S. senator that regulators forced the dumping to cease in 2011.

The problem with the proper disposal of hazardous materials has not been limited to Southern California, nor to the shipping process. Indeed, the state Attorney General’s Office, acting on behalf of the DTSC, won a restraining order against a Richmond metal-plating company that requires it to remove toxic wastes from its plant, according to NBC Bay Area News. The state had filed a lawsuit against Electro-Forming Co., accusing the company of illegally disposing of hazardous waste in the street and on property next to their facility. The lawsuit also alleged that the company boiled off liquid plating waste and mixed different types of hazardous waste in a tank.
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The Rescue Doctrine: Protecting Good Samaritans

November 25, 2013 | Gregory J. Brod

Many of us have wondered about how we would act in an emergency. Would we step in as a Good Samaritan and attempt to rescue a stranger? One of many valid concerns for a would-be-rescuer is fear of suffering a severe injury themselves. It is an issue many are pondering after the events that followed Sunday’s Raiders game. As an Oakland injury law firm, we wanted to take a look at legal issues related to Good Samaritan injuries – Does the law provide recourse for an injured rescuer? Does this change if the person the rescuer sought to help had placed him/herself in peril?

Good Samaritan Injured Catching Woman Who Jumped from Stadium Deck

On Sunday, the Oakland Raiders lost. We don’t know if that loss was a factor in a woman’s decision to enter a closed section of the O.co Coliseum and leap off the third deck. The San Francisco Chronicle reports that two people on the concourse below unsuccessfully tried to persuade the woman not to jump. Officials with the Alameda County Sheriff’s Office report that one Good Samaritan attempted to catch the woman, breaking her fall and likely saving her life. Ultimately, the woman was knocked unconscious and taken to the hospital in critical condition. The Good Samaritan incurred serious injuries.

Staying Safe on the Roads During the Thanksgiving Holiday

November 24, 2013 | Gregory J. Brod

Like many of you, our team members spent the past weekend finalizing plans for Thanksgiving. For some, that means making final grocery lists; for others, it means confirming travel plans. We are looking forward to a day of family, friends, food, and football. We also appreciate the opportunity to reflect and give thanks for all that we take for granted, including the safety and well-being of our loved ones. Sadly, far too many Americans have their holiday interrupted by a Thanksgiving car accident. Before the final rush sets in, our San Francisco accident lawyer and his team share a few thoughts on staying safe on the roads during upcoming holiday.

A Deadly Distinction: Thanksgiving Car Accidents

The timing of the question likely gives away the answer, but imagine you didn’t have the hint: What holiday sees the highest number fatalities on U.S. roads? As ABC detailed in a report last November, Thanksgiving holds that dubious distinction. Citing data from the National Highway Traffic Safety Administration (“NHTSA”), ABC reports that 431 people died on roads nationwide during the 2010 Thanksgiving holiday (all holiday data reflects a 3-4 day holiday period, see Table 14 in the NHTSA Traffic Safety Facts 2010 data compilation). To compare it to other 2010 holiday periods, Labor Day saw 403 roadway deaths, July 4th saw 392, and Christmas saw 259 roadway fatalities. Notably, ABC’s comparison doesn’t include New Year’s, which many would imagine would lead the list of dangerous holidays. Based on the NHTSA publication, the New Year’s 2010 holiday saw 297 fatalities over a three-day span (which appears to include 12/31/09), a number that may be reduced by better planning by revelers who recognize the likelihood of alcohol impairment.

State Supreme Court Hands Down Key Decision on Validity of Breathalyzer Tests

November 22, 2013 | Gregory J. Brod

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Victims of automobile accidents in which the other party was driving under the influence of alcohol can breath a sigh of relief after the California Supreme Court handed down a key decision Thursday affirming the validity of Breathalyzers. The court’s decision will mean that blood-alcohol concentrations of 0.08 or greater will be enough for a guilty verdict in criminal court, as well as prove an indispensable legal weapon in civil cases in which DUI accident attorneys such as Gregory J. Brod seek compensation for the victims.

According to the San Francisco Chronicle, the state’s highest court ruled in People v. Vangelder that the defense could not call upon the expert witness testimony of scientists who would argue that the results of testing machines are inherently unreliable. While a defendant could call into question a malfunctioning testing machine or one used improperly, the BAC samples from a properly functioning machine would be considered valid:

“As the trial court observed, defendant remained free to argue, and present evidence, that the particular machines used in this case malfunctioned, or that they were improperly calibrated or employed. But as explained earlier, the 0.08 percent breath-alcohol concentration formulated by the Legislature in enacting the underlying per se offense, section 23152(b), was adopted on the basis of correlation studies employing just such breath-testing machines – and the various physiological factors that affect the results of breath machines generally, have already been taken into account by those studies and the widely accepted statutory partition ratio.”

In the foregoing passage from the state Supreme Court’s decision, the court was referring to the trial court that handed down a conviction against a motorist in San Diego County who was stopped by a California Highway Patrol officer in December 2007 when the CHP officer tracked the motorist in excess of 125 mph. The officer detected alcohol on the motorist’s breath and, with his consent, administered two Breathalyzer tests, in which the motorist registered .095 and .086 BAC figures. The motorist was then arrested and charged with drunken driving. Before the Superior Court, the motorist was convicted of speeding and driving with an excessive BAC, and he was fined nearly $2,000.

The Superior Court’s decision was appealed, and a state appeals court overturned the trial court’s decision, ruling that it erred in deeming an expert witness testimony – from a University of Washington professor of medicine and physiology and noted author of blood alcohol and its measurement – as speculative and largely inadmissible.

Fortunately, however, the state Supreme Court, in overruling the state appeals court, cited California state law, which requires police to employ machines that measure breath alcohol content whose accuracy are on a par with blood tests.

“The fundamental reliability of federally approved, properly calibrated and employed breath-testing machines … is a matter that has been determined as policy by the Legislature,” said Chief Justice Tani Cantil-Sakauye in the state high court’s opinion.
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Elder Abandonment in California

November 20, 2013 | Gregory J. Brod

It was less than a month ago that we first reported on the disturbing events at Valley Springs Manor, the Castro Valley elder care home that “closed” with more than a dozen residents still inside. As we noted in conjunction with that story, elder abuse is becoming increasingly widespread with caregiver neglect ranking as one of the leading forms of the problem. One of the most disturbing forms of neglect, caregiver abandonment, made the news again this week. Sadly, our Oakland elder abandonment attorney has come across many cases of seniors who are unable to care for themselves due to physical and/or cognitive problems being left alone by either paid or unpaid (ex. family) caregivers. Family, friends, and community members should be aware that elder abandonment is a very real problem and should not hesitate to reach out for help if they suspect a senior has been abandoned for any length of time.

Elderly Man Found at 3 A.M.

Early Sunday morning police in Vallejo arrested a Brentwood man on allegations of elder abuse. As reported in the Oakland Tribune, residents in the 600 block of Alabama Street contacted police shortly after 3 A.M. to report a man banging on doors and asking to be let in to the homes. When officers arrived they found an older man, who had urinated and defecated himself, lying on the ground. The man was unresponsive but breathing.

D.A.’s Widening Probe Looks into Possible Cover-up in Case of S.F. Firefighter’s Crash with Motorcyclist

November 18, 2013 | Gregory J. Brod

When it comes to investigations concerning alleged wrongdoing on the part of a government official or other government employee, it is not surprising that the person suspected of committing a tort might have more sympathy from his or her colleagues than the general public. But it is when that sympathy translates into an effort by government employees to help cover up the case against their accused coworker that the legal playing field can be unfairly distorted, a circumstance that Bay Area motorcycle accident attorney Gregory J. Brod is keenly aware of and one that he will cite as one of the compelling reasons why it is so important for anyone who may have a personal injury case against a government employee to secure experienced legal counsel as soon as possible.

According to the San Francisco Chronicle, it just so happens that the San Francisco District Attorney’s Office is investigating whether city firefighters attempted to cover tracks for their colleague Michael Quinn, who crashed his ladder truck into a motorcyclist in the SoMa area June 29 while allegedly driving under the influence of alcohol.

Fire Truck Ran Red Light on Way to False Alarm
In the early summer incident, Quinn drove his Station 1 ladder truck through a red light at Fifth and Howard streets while trying to reach what turned out to be a false alarm. As the 23-year-veteran of the San Francisco Fire Department raced through the intersection, his vehicle struck a motorcyclist, tossing the rider into a fire hydrant and seriously injuring him. After colliding with the motorcyclist, Quinn left the crash scene before police arrived 40 minutes later, and he did not return to his station for several hours.

When police found Quinn at Station 1, a few blocks away from the crash scene, his blood alcohol level was tested and recorded at 0.13 percent, which is above the legal limit for driving of 0.08 percent. Quinn was promptly arrested on suspicion of DUI and hit-and-run but has not yet been charged.

Security-camera footage from a nearby pub showed Quinn drinking water in an apparent attempt to sober up before returning to Station 1. The film also showed one firefighter talking to Quinn at the bar, even though the firefighter denied being at the pub with Quinn. In addition, camera footage reportedly contradicted the statement of an SFFD official who claimed that Quinn’s ladder truck had nearly cleared the intersection prior to the collision when in fact the truck blew a red light without slowing down, much less stopping.

Fire Department Has Zero-Tolerance Policy on Drinking While on Duty
Two firefighters besides Quinn face disciplinary action from the SFFD, which has a zero-tolerance policy toward on-duty drinking. And the San Francisco Police Department reportedly has interviewed at least 21 firefighters and other first-responders who were on duty the night of the crash. Since the crash, SFFD Chief Joanne Hayes-White has confirmed that Quinn resigned from the department on Nov. 1, which permitted him to avoid a formal dismissal hearing that was scheduled for the same day.
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DUIs with Child Passengers

November 18, 2013 | Gregory J. Brod

Driving under the influence puts your life, the lives of your passengers, and the lives of others on the road at risk. This is a truth we all know. As an Oakland drunk driving accident law firm, we are dismayed by how many individuals continue to drive drunk despite knowing the dangers. Like many others, we are particularly disturbed to hear about people who drive drunk with children in the car. These cases give rise to (appropriately) elevated criminal liability and we will fight for the rights of children injured or killed as a result of a DUI with child passengers.

Police Allege Fremont Babysitter Drove Impaired with Children in the Vehicle

Last Friday, The Oakland Tribune reported on the case of a babysitter who allegedly drove while intoxicated with her charges in the car. On November 7, a student ran to the principal’s office at Robertson High School to report that she had just been dropped off by Alice Briscoe who was too intoxicated to drive. The student told school officials that Briscoe had hit a curb and struck multiple parked cars while behind the wheel of a Nissan Quest. Briscoe, a 36 year-old from Fremont, was babysitting at the time and her own four children were in school.

D.A. Eyes Possible Cover-Up Related to Crash Allegedly Caused by Intoxicated Firefighter

November 17, 2013 | Gregory J. Brod

While there are general themes and principles that run throughout injury law, ultimately each case is unique. Few cases illustrate this truth as well as the collision in June where a firefighter is accused of driving a ladder truck while intoxicated, hitting and seriously injuring a motorcycle rider, and then leaving the accident scene. It is a case that raises complicated legal issues and involves complex, disputed facts and seems to only get more complicated with time, making this emergency responder accident a fascinating case for our San Francisco DUI injury attorney to follow.

Firefighter Drives Ladder Truck After Drinking, Hits Motorcycle, Leaves the Scene

When Alex Bastain, the San Francisco district attorney’s spokesperson, said that “[t]his is not your run-of-the-mill DUI investigation,” he was understating the matter. According to The San Francisco Chronicle, Michael Quinn had been with the San Francisco Fire Department for 23 years prior to the events of June 29. On that night, he took the wheel of a department ladder truck en route to a call that turned out to be a false alarm. As he sped through a red light at the intersection of Fifth and Howard (a surveillance camera reportedly shows Quinn running the red, despite initial statements to the contrary by a higher-up), the truck hit a motorcycle, flinging the rider into a fire hydrant and leaving him seriously injured. Quinn did not wait for police, who arrived 40 minutes later. He was caught on camera drinking water at a pub near the collision, in what police suggest was an attempt to sober up, before he finally returned to the station several hours later. Despite the delay, when police finally caught up with Quinn he had a blood alcohol level of 0.13, in excess of the standard legal driving limit of 0.08 and a violation of the Fire Department’s “zero tolerance” stance for drinking while on duty.

Proposed State Regulations Put Spotlight on Fracking and Its Potential Ills

November 15, 2013 | Gregory J. Brod

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The controversial energy extraction method known as hydraulic fracturing, or fracking, will take an important step toward greater transparency and oversight, if regulations proposed in Sacramento on Friday are enacted. However, Bay Area toxic tort attorney Gregory J. Brod remains concerned that California residents in or proximate to the drilling areas may still be exposed to some potentially harmful consequences.

The proposed new regulations, detailed in the San Francisco Chronicle, would require oil companies to obtain a specific permit to frack a well in California. An earlier proposal did not require the permitting process. The proposed rules would also mandate that the oil companies reveal the chemicals employed in fracking as well as monitor nearby groundwater for any signs of contamination. Fracking involves the injecting of a highly pressurized mix of water, chemicals and sand deep into the ground in order to cause the cracking of rocks and thus liberate the oil or natural gas locked within the shale formation. Fracking has an equally controversial close cousin, known as acidizing, in which a type of acid is pumped into vertical wells to create pores in rocks and thus release the petroleum within.

Both fracking and acidizing have raised concerns about potential groundwater contamination from the chemicals used in the procedures as well as caused jitters in nearby communities where seismologists suspect the extractive methods have triggered small earthquakes. And at the nexus of these worries in the Golden State sits the massive Monterey Shale formation, which stretches through the southern San Joaquin Valley and the adjacent Coast Range and traps a potential 15.4 billion barrels of oil, the largest such formation in the nation.

While all forms of energy extraction involve some potential for environmental degradation or health risks, the exact nature of the risks linked to shale oil and gas recovery remains largely unknown, according to a report released by the federal General Accountability Office. In its report, the GAO explained that what is known about fracking suggests that the process poses potential damage to air and water quality including these specific risks:

Increased air pollution from engine exhaust due to stepped-up truck traffic to and from well sites
Increased emissions from diesel-powered pumps employed in fracking
Since fracking requires enormous amounts of water, the process stands to deplete important bodies of water, such as lakes, rivers and streams
Contamination to surface and underground drinking water due to accidental spills and routine releases of water mixed with chemicals used in the fracking process
Soil erosion and shifting of oil, gas and chemicals into underground aquifers

Propane Explosions: The Danger, The Causes, and Your Legal Rights

November 15, 2013 | Gregory J. Brod

Propane gas has a wide range of consumer uses including heating a home, providing hot water, or firing up a grill. Its flammability is essential to its value, but it is also makes it extremely dangerous. Propane explosions are a continuing threat and can lead to severe injury or even death. Our Sacramento fire injury attorney can help the injured or the grieving, whether it is through a product liability suit or a premises liability action. We can help after the fact, but we will always believe that prevention should come first and that it is better to avoid an accident than to reassemble the pieces after a tragedy.

Elk Grove Teen in Critical Condition After Propane Explosion

It was early Thursday morning when an explosion rocked the Elk Grove community. As reported by the Sacramento Bee, a call came in to the Cosumnes Fire Department at 7:37 A.M. reporting a trailer fire in the city located just south of Sacramento. Fire crews arrived at 8572 Alpine Blue Court where an explosion had damaged two homes in addition to the trailer. Responders also found a badly burned 16 year-old boy and transported him to UC Davis Medical Center in critical condition. Investigators believe the explosion originated from a propane tank used as a water heater for a camper-style trailer.