San Francisco Injury Lawyer Blog

San Francisco Accident Attorney on the Dangers of Drunk Driving

February 6, 2013 | Gregory J. Brod

Drunk driving leads to tragic results. This is one of the many truths that we confront regularly at The Brod Firm. We can help our clients, including injured victims and grieving families, recover damages in California’s civil courts. We cannot, however, answer one of the questions that we hear time and time again – How can an otherwise responsible individual get behind the wheel while intoxicated when the dangers associated with drunk driving are so well known?

Woman Sentenced for Fatal DUI Crash

The San Francisco Chronicle reported that a California court sentenced Debbie Sumi to ten years in prison for the accident that claimed three lives. The first victim, Sumi’s fiancée, was partially ejected from Sumi’s Jeep Cherokee when it rear-ended a stopped vehicle on Highway 78 in San Diego County. Two other women who were standing by the second car were also killed in the crash. According to prosecutors, Debbie Sumi’s blood alcohol level was more than three times the legal limit at the time of the crash.

Bus Accident on the State 38

February 4, 2013 | Gregory J. Brod

The use of buses as a means of transportation up and down the state of California has been growing in popularity in recent months. Just a couple of months ago, Megabus, a bus and coach company that runs throughout Europe, the United States, and Canada offered a special holiday deal for trips between southern and northern California that started at $1 one way. Travelers flocked to purchase this deal, hoping the cheap deal would get them to their destination in a timely and safe manner. These types of bus deals and tour buses offer their clientele an alternative to costly plane tickets and for the most part, are used without incident.

Tragic Bus Accident on the State 38
Sunday night however, a tour bus group of approximately 38 Mexican passengers, including the bus driver and tour guide, was involved in a horrific accident on the California State Route 38. Interbus offers Mexicans near-daily bus tours to western U.S. from Tijuana. On Sunday, this particular group was heading back to Tijuana from a snow trip to Big Bear Lake when the bus rear-ended a Saturn sedan, flipped, and hit a Ford pickup truck. An individual involved in the investigation said the bus had been slowly making its way down the hill when it suddenly sped up for an unknown reason. Following its contact with the Saturn, the bus traveled about a mile until it finally came to a stop, ending sideways across both lanes with its windows blown out, front end crushed, and part of the roof peeled back.

There have been 8 reported fatalities with dozens more transported to hospitals with injuries ranging from minor to severe. 17 victims are still hospitalized. A California Highway Patrol Officer stated that the death toll was expected to rise. As the accident occurred just last night, an investigation is still ongoing to determine the cause of the accident, with fault most likely either lying with mechanical or driver error. Jordi Garcia, the marketing director of Interbus, stated that his company had rented the bus from Scapadas Magicas, which is based in National City, California, and that everything points to faulty brakes. The bus driver said that the vehicle had brake problems and further information shows that the bus had recorded 22 safety violations in about a year, including problems with its brakes, windshield, and tires. In fact, the company itself has failed more than 1/3 of federal vehicle safety inspections in the last 2 years. The national average stands at 21%.

In the days following this tragic accident, many questions of who is at fault will be asked. Victims and the public alike will want some party to be held accountable for the surely unavoidable accident. Until an official announcement is made about the results of the investigation, no cause can be said for sure. For now, signs point to the negligence of the bus company to maintain their buses to the safety standards set forth by federal law. Victims will likely file claims in order to receive compensation for the injuries and suffering sustained. Bus accidents are no small matter. Injuries sustained in accidents involving buses are often serious due to the size of the vehicles. If you or a loved one has been involved in a bus accident, contact our Bay Area bus/car accident injury firm today for a free consultation today.
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Consumer Reports Focuses on Financial Elder Abuse

February 4, 2013 | Gregory J. Brod

Consumer Reports, known for investigations aimed at protecting our finances, recently turned its attention to the epidemic of financial elder abuse. The article opened with the story of philanthropist Brooke Astor whose son teamed with a family attorney to amend the will to favor the son, picked paintings off her walls while she lay in adjoining rooms, and stole millions without Astor’s consent. In another portrait, a 72 year old woman entrusted family members with her finances only to find her daughter and granddaughter drained all her resources before abandoning her at a nursing home. These stories are chilling, but sadly not surprising to Attorney Brod and his team, an experienced and dedicated San Francisco elder abuse law firm.

Financial Elder Abuse: Overview and Statistics

Speaking broadly, financial exploitation of seniors is the improper and/or illegal use of property, funds, or other assets of a person aged 60 years of older. In the recent article, Consumer Reports shifted attention from stranger-based scams, like fake sweepstakes and falsified calls from stranded grandchildren, to claims perpetrated by people the victim trusted such as family, neighbors, and employees. A Ventura County judge called these crimes “the ultimate betrayal,” noting she sees around forty cases involving such abuse each month in courtroom. Financial exploitation is the most reported form of elder abuse with cases running a huge gamut from misappropriation of a Social Security check to draining a senior’s life savings.

California Product Liability Attorney on the EPA’s Move to Ban Certain Rat Poisons

February 1, 2013 | Gregory J. Brod

We have all been caught between wanting to keep your home free from pests while also wanting to ensure the methods used will not harm our family. The companies that manufacture animal poison (including rat poison) are subject to standards developed and enforced by the U.S. Environmental Protection Agency. These steps are key, but the unintentional poisoning of people (particularly children) and beloved pets, remains a serious problem. Our San Francisco dangerous chemicals lawyer believes that there is more work needed to ensure household poisons do not cause harm

EPA Targets D-Con Mouse and Rat Poisons for Failure to Follow Safety Standards

On Wednesday, according to the San Francisco Chronicle, the federal Environmental Protection Agency (“EPA”) moved to ban a dozen mouse and rat poisons sold as D-Con products. Regulators began the banning process after finding that the manufacturer refused to adopt (and obey) the EPA’s safety standards aimed at keeping children and non-targeted animals safe from accidental poisoning. The EPA’s move now gives the product’s producer, Reckitt Benckiser Inc., thirty days to file a challenge to the proposed ban. The dispute centers on the lethal compounds used in the D-Con products. Second-generation anticoagulants used in the products interfere with blood’s ability to clot, a problem that can lead to uncontrollable bleeding and a slow, painful death.

Chevron Fined $1 Million by Cal-OSHA for Refinery Fire

January 30, 2013 | Gregory J. Brod

Residents of the Bay Area are sure to remember the Chevron oil refinery fire that occurred back in August of 2012. The diesel leak at California’s Richmond refinery led to a series of explosions and fires in the evening that caused thick black smoke to billow in the sky. Residents of the area were alerted to stay indoors to prevent breathing any potentially tainted air as winds carried smoke and pollutants throughout the neighborhoods east of the refinery and the Bay Area commute as a whole experienced major chaos.

Chevron Richmond Fire Lawsuit

Following the incident, approximately 15,000 residents made claims against Chevron after experiencing various symptoms including coughing, nausea, scratchy throats, and psychological trauma. Thousands more visited hospitals because of burning eyes and trouble breathing as the main ailments experienced and hoped to receive some sort of compensation for the effects of the fire on their health. Chevron established a claims line and stations in the community for those who sought compensation.

San Francisco/Oakland Fire Injury Attorney on Fire Safety & Injury Law Following Brazilian Nightclub Tragedy

January 30, 2013 | Gregory J. Brod

It is hard to imagine the fear associated with a massive fire. When you add a crowded setting in to the smoke and flames, it becomes a moment of true panic. We’ve been thinking about those moments as we follow the unfolding story of the recent nightclub fire in Brazil. The team at our Oakland fire injury law firm has also been asking a question we imagine is on many of our readers’ minds – could a similar fire tragedy happen here?

Fire Officials Say More Stringent Laws and Regulations Make Bay Area Clubs Safer

As part of their coverage of the fire that claimed more than 230 lives in Santa Maria, Brazil, The Oakland Tribune spoke to local fire officials about efforts to prevent similar tragedies in the Bay Area. Mindy Talmadge, a San Francisco Fire Department spokesperson, emphasized that fire tragedies are preventable. Along with officials from other local communities, she cited stricter laws and more stringent enforcement efforts aimed at preventing such an incident in our region. California requires that new commercial buildings contain alarms, sprinkler systems, and working fire extinguishers, none of which were present in the Brazilian club. Fire officials monitor occupancy limits and make sure facilities have multiple unlocked exits, with the city of San Jose requiring one exit for every fifty people in a nightclub. Additionally, pyrotechnic shows such as those that sparked the recent blaze and the 2003 Rhode Island nightclub fire that caused 100 deaths, are rare in Bay County, usually only permitted in large venues, and closely monitored by firefighters before, during, and after the show.

Comments on Financial Elder Abuse Following Aptos Scheme to Take Thousands from Two Elderly Women

January 28, 2013 | Gregory J. Brod

When most people hear the term “elder abuse,” they picture bruises, sores, and other physical injuries. These are disturbing images. As a Northern California elder abuse law firm and as members of the San Francisco, Sacramento, and Oakland communities, we are dedicated to helping prevent physical abuse of seniors and seeking justice for victims. We also know that elder abuse goes well beyond physical mistreatment. Financial elder abuse is a growing problem. Seniors and relatives of older community members should be alert for scams targeting older Californians. Our team is prepared to help people identify financial abuse and file civil claims seeking money damages from the perpetrators of these schemes.

Posing as Contractors, Two Men Scheme Two Women in the 90s Out of Thousands of Dollars

Central Coast News Kion 46 is covering an unfolding story of financial abuse targeting two elderly women in Aptos, a small town in Santa Cruz County. According to Bill Atkinson of the Santa Cruz District Attorneys Office, Sonny Costello approached a 92 year-old woman in June 2012 pretending to be a licensed contractor. He tricked the woman into paying $2,000 for unnecessary driveway resurfacing work at her Sunset Way home. Four months later, Steve Costello returned to the same home and demanded more money for the same unneeded project, eventually convincing the confused woman to pay him an additional $1,800. A similar scheme occurred earlier this month when Sonny Costello convinced a 94 year-old woman to pay him $3,100 for roof resurfacing at her Cuesta Drive home. Per investigators, the work was never completed.

California Appellate Court Decision on Civil Liability for Sexual Assault

January 25, 2013 | Gregory J. Brod

At The Brod Law Firm, we represent victims of sexual assault in San Francisco in civil damages lawsuits. As a quick reminder, the civil law system is distinct from the criminal courts and allows a victim to file a claim for damages against an individual or entity responsible for causing harm to the victim. These suits proceed separately from any criminal charges brought by prosecutors. In the sexual assault arena, a civil lawsuit allows a victim to seek damages for both physical and psychological injuries. The amount of monetary damages in these cases can (and, given the lifelong consequences of sexual assault, should) be high, much more than could ever be realistically recovered from an individual offender. This makes it crucial for a victim to consider all parties that bore responsibility for the sexual assault. Helping victims do so is a key part of our job in these cases, cases that are always close to our hearts.

Appeals Court Rejects Liability of City for Assault Committed During Educational Program

As detailed in an article in the San Francisco Chronicle, a recent holding in a state appellate court clarified the contours of the ability to sue a municipality in connection with a sexual assault and, more generally, the ability to hold an employer responsible for the acts of an employee. According to the court, Jorge Cruz coerced a seventeen year old identified as Kassey S. to have sex with him in 2007. Cruz, a Turlock police officer, entered a no contest plea in the criminal case and the court sentenced him to sixteen months in prison on three counts of unlawful sexual conduct with a minor. The teen had been taking part in a police department explorer program through which young people learn about law enforcement careers. The assaults occurred during one-on-one ride-alongs with the on-duty officer. Although Cruz claimed the sex was consensual, it was still against the law due to the young woman’s age. Kassey later filed suit against the city of Turlock, alleging it was responsible for the actions of its employee. A county court dismissed her case and the appeals court affirmed the decision.

Sacramento Injury Attorney on Civil Claims for Intentional Injury in California

January 23, 2013 | Gregory J. Brod

Most of the injured clients we work with as a Sacramento personal injury law firm were hurt in a car collision or other accidental event. Such cases are typically brought as claims for negligence, meaning the defendant failed to use the proper level of care or otherwise failed to act in the manner a reasonable person would in a similar situation. However, we also work on cases where our client suffered an injury due to someone else’s intentional wrongdoing. Even when the injury is incurred during criminal conduct, these civil cases are still separate and distinct from the related criminal proceedings. We can help victims of intentional injury recover in civil court.

An Example of Intentional Injury: A Sacramento Carjacking Causes Wrongful Death

One recent headline that reminded us of the threat of intentional harm was the Sacramento Bee’s update on a 2006 carjacking. The term “carjacking” came into use in the 1990s, when news reports warned of automobile thefts that occurred by force while the driver was in or near the vehicle. According to a Sacramento County jury, Taurus Aquarius Baker fatally shot Joseph Wayne Bush during a carjacking attempt that occurred in February 2006. Evidence showed that thirty-eight year old Bush had recently dropped his son off at school when Baker shot and killed him in a shopping center parking lot located at 6051 Mack Road in south Sacramento. A jury convicted Baker of first-degree murder in October and, last Friday, Sacramento Superior Court Judge Steve White sentenced him to 38 years to life in prison.

Canadian Insurer Embroiled in California Bad Faith Lawsuit

January 23, 2013 | Gregory J. Brod

Our San Francisco insurance attorneys noticed a recent bad faith case against an insurance company making headlines in our state. The city of Tulare, California, is potentially on the hook for $1 million for hospital bills accrued by a city employee’s daughter, who suffered from and eventually died of cancer.

The 19-year-old woman received a bone marrow transplant for a form of leukemia at Stanford Hospital in Palo Alto, for which the price tag was $1,041,711.98. The city self-insures employees up to $80,000 and then buys further outside insurance to cover expenses exceeding the initial coverage. The general practice is that the city pays the medical bills upfront, and then files a claim for reimbursement. So the city initially paid the hospital $439,500 before realizing that there was a problem with the outside insurance. The insurance company used by the city, which was supposed to cover the rest of the young woman’s medical bills, refused to pay.

That company, Sun Life Assurance Company of Canada, says that non-covered experimental drugs were used in the procedure. The experimental drugs in question were given to her after her 2010 bone marrow transplant. She agreed to be part of a clinical trial to test two combinations of medications to counter a “graft versus host” disease, when the body rejects the implanted foreign material, which often affects transplant patients. The city countered Sun Life’s claims by stating that the experimental drugs were a tiny part of the procedure to try to save the young woman’s life. The experimental drugs cost $23,000 of the total cost, and city advocates state that it is unusual for an insurance company to refuse to pay outright for everything only because of a small, non-covered part of the treatment. They also noted that the drug components themselves were standard medications- it was only the different combinations that were experimental, making Sun Life’s claims even more unfair.