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Category: Wrongful Death

Man Electrocuted by Downed Power Line in Fullerton

By Brian Chase on April 30, 2014 - No comments

A man was electrocuted at a Fullerton intersection after walking over a downed power line, The Orange County Register reports. Officials say the incident occurred the afternoon of April 25, 2014. Police responded to reports of a man who was down on a sidewalk at the South Brookhurst Road and West Commonwealth Avenue intersection. Witnesses told officers the man had been pushing a shopping cart when he walked over the downed power line. He was pronounced dead at the scene. Officials say the line may have fallen after a mylar balloon hit electrical equipment. …Read the rest »

 

Family of Boy Killed in National Park Settles in Wrongful Death Case

By Brian Chase on February 21, 2014 - No comments

The family of 9-year-old Tommy Botell Jr., who watched the boy get crushed by a falling retaining wall at the Lassen Volcanic National Park, has settled with the federal government in the wrongful death case for $3.5 million. According to the Los Angeles Times, the Northern California family had taken a trip to the park in 2009. Tommy was sitting on a wall near a hiking trail with his sister when it collapsed. Sections of the wall fell on them as the two children tumbled about 30 feet and their parents struggled to grab them.

Tommy had cried out to his mother that he couldn’t see as he died in her arms, the report states. The wall had deteriorated and rolled over Tommy crushing his brain stem. U.S. Magistrate Judge Gregory F. Hollows said park superintendent Delores Koontz did not repair the wall in spite of knowing that it was dangerous and then tried to cover up her mistakes after Tommy’s death. U.S. Attorney Benjamin Wagner issued a statement that the settlement agreement should not be construed as an admission of wrongdoing or fault on the part of park employees. …Read the rest »

 

Wrongful Death Lawsuit Filed by Husband of Latina Music Star Jenni Rivera

By Brian Chase on February 20, 2014 - 1 comment

Latin music star Jenni RiveraMore than a year after Latin music superstar Jenni Rivera died in an airplane crash, her husband, former Major League Baseball player, Esteban Loaiza, has filed a wrongful death lawsuit against the owner of the aircraft.

According to a report in the Los Angeles Times, Loaiza was separated from Rivera at the time of her death, but is seeking unspecified damages. The lawsuit has been filed against Starwood Management LLC and its parent company Rodatz Financial Group.

Details of the Rivera Case

Rivera, a Long Beach California resident, and six others died in the December 9, 2012 plane crash when the private jet carrying them nosedived, plummeting 28,000 feet in 30 seconds before hitting the side of a mountain. The jet has been linked to a troubled company and an executive who once went to prison for faking safety records of planes he purchased from the Mexican government and sold to private pilots in the United States. Relatives of the other deceased passengers filed a wrongful death lawsuit against Starwood and the singer’s company in January 2013. In late 2013, a superior court judge denied a motion by Starwood to have the case moved from California to Mexico. …Read the rest »

 

Fatal San Francisco Car Crash Sees Uber With Wrongful Death Lawsuit

By Brian Chase on January 31, 2014 - No comments

Uber sued by San Fransisco wrongful death attorney The family of 6-year-old Sofia Liu has filed a wrongful death lawsuit against Uber and a driver alleging that the use of the fast-growing online app runs afoul of California’s distracted driving laws.

According to a news report in The San Francisco Chronicle, this California wrongful death lawsuit could weigh heavily in the debate over how technology companies such as Uber, Lyft and Sidecar in the booming ride-services industry should be regulated and to what degree these companies should be held liable for the actions of their drivers.

Wrongful Death Lawsuit Against Uber

According to the court documents, the crux of this case is the belief that the driver of the car, Syed Muzzafar, was indeed working for Uber at the time of the accident. Uber disagrees with this premise, but the plaintiff’s attorney is out to prove otherwise. He contends that Uber and Muzzafar are responsible for the wrongful death of Sofia Liu.

CAUSES OF ACTION

On December 31, 2013, at just before 8:00pm, HUAN KUANG was walking home in San Francisco with her two children, ANTHONY LIU, who was 5 years old, and SOFIA LIU,who was 6 years old. They approached the intersection of Polk Street and Ellis Street. When the light was green for them to walk, they began to cross Polk Street within the crosswalk.  As they were in the cross-walk, with the signal green for them to walk, a vehicle driven by Defendant SYED MUZZAFAR turned right from Ellis Street and collided with HUAN KUANG, ANTHONY LIU and SOFIA LIU. The collision caused the wrongful death of SOFIA LIU, and caused serious and significant physical and mental injuries to the other Plaintiffs in this action.

Video: Three separate car accidents with serious consequences took place in the Bay area around the same time. The news footage touches on the Sofia Liu accident and that the driver slammed into the child when he was making a right turn on a green light. The victims were already in the crosswalk when they were struck. The case against Uber will certainly highlight distracted driving, using a cell phone while driving, and not waiting for a pedestrian to exit the crosswalk before entering.

 

Los Angeles Jury Awards $150 Million in Wrongful Death Case

By Brian Chase on November 1, 2013 - No comments

A  jury has determined that a trucking company and one of its drivers should pay $150 million in Los Angeles wrongful death damages to 13-year-old Kylie Asam who watched her family burn to death in a fiery crash four years ago. According to an ABC news report, jurors delivered the verdict after three days of deliberations finding the truck driver, Rudolph Ortiz, negligent for parking on the side of the freeway in the early morning darkness without leaving a light on or even having emergency reflectors. Jurors found Ortiz and his employer, Watsonville-based Bhandal Bros. Trucking, jointly liable. …Read the rest »

 

Man Dies At Health Club, Family Files Wrongful Death Suit

By Brian Chase on February 22, 2013 - No comments

February 22, 2013—Albany, New York—The New York Court of Appeals ruled recently in a case involving the wrongful death of a man at a Bally Total Fitness health club.  In 2007, the gentleman collapsed at the health club and an ambulance was called.  Ambulance personnel gave the victim shocks from an AED or automatic external defibrillator, but were unable to revive him.

The victim’s family sued because they claimed that the health club had an AED available but failed to use it.  Had they done so, the family claims that the victim’s life might have been saved.  Bally, in turn, argued immunity from liability due to the state’s Good Samaritan Law.

AED-wrongful-deathThe New York Supreme Court denied Bally’s motion to dismiss the case and the Appellate Court upheld that decision.  Specifically, the Supreme Court noted that the law imposed an “affirmative care duty” upon health clubs; AEDs are required by law to be available the health clubs are required to use them.

The Appellate Court disagreed slightly with the Supreme Court’s interpretation of business law but affirmed that the plaintiff had a viable cause of action under common law.

…Read the rest »

 


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