California Wrongful Death Lawyers

A mother and her 10-year-old son were enjoying a walk in their neighborhood when a large dog bolted from a nearby home and charged the two. The dog first attacked the boy and then, as the mother held her son, attempting to protect him, she became a second victim as the dog jumped and scratched at her, trying to get at the child.

In addition to the physical injuries to the mother and son, both have experienced severe emotional distress and PTSD, including anxiety, depression, nightmares, and flashbacks.

While the dog custodian’s liability is indisputable, the homeowners’ association’s issuing insurance agency denied fiscal responsibility. Having relied on the liability coverage in their agreement with the HOA, the defendant did not have independent homeowner’s insurance. Coopers tried the case against the dog owner, resulting in a $10 million judgment, which becomes the foundation for an insurance bad faith case against the insurance carrier.

A 31-year-old male was riding as a front seat passenger when the vehicle he was riding in was struck by a large 26,000 pound debris-hauling truck as the truck driver made an unsafe lane change. This negligent action caused the truck to strike the rear of the sedan, causing it to rotate and become lodged to the front of the dump truck, then pushed into a concrete median, ricocheting off the wall and across two lanes of traffic. In addition to compensation for the passenger’s physical injuries, the jury imposed punitive damages on the truck driver’s employer for having hired an inexperienced driver with multiple crashes and moving violations.

Two men were at walk-up windows in San Francisco. An Errant Delivery Co. delivery car left the roadway, went up the wheelchair ramp at that corner, across the sidewalk, and into the walk-up windows. The two men, Juan Diaz and John Doe, were crushed between the car and the building. Diaz, then 27 years old, sustained a severe crush injury to his left leg. The Errant Delivery Co. driver contended that the car’s brakes had failed and that the only place for him to go was into the building. Witnesses, including a passenger in the car, contradicted his statement and said that he appeared to lose consciousness and veered into the building. A subsequent inspection of the vehicle determined that there was no vehicle malfunction. The impact speed was approximately 25 miles per hour.

Errant Delivery Co.’s counsel contacted plaintiffs’ counsel to say that Errant Delivery Co. acknowledged responsibility for the incident but that it was too early to put a value on the case. Errant Delivery Co. wanted to make a pre-resolution partial Settlement payment to provide plaintiffs with the financial resources they would need to get by until the case was resolved. Errant Delivery Co. provided plaintiffs with over $1 Million at that point. This early display of good faith allowed the parties to continue discussions and eventually reach a resolution that provided plaintiffs with sufficient compensation without forcing Errant Delivery Co. into bankruptcy. As a result, the plaintiffs were justly compensated and over 1,000 employees at Errant Delivery Co. were able to keep their jobs.

Jane Doe was a pedestrian waiting to cross the street in San Francisco’s Tenderloin district. A car, driven by someone unfamiliar with San Francisco, was in the far right lane of a one-way street. The car was the first car at the light. The driver realized that he needed to make a left turn. As the light turned green, the car driver made an illegal left turn in front of the other two lanes to his left. A Jeep, who was headed in the same direction as the car, was timing the lights and going between 25-40 miles per hour. The Jeep driver noticed that there were no cars in the far left lane. He anticipated that the light would turn green just as he crossed the intersection and did not slow down at all for the intersection. As the light turned green, the car turned left from the right lane, directly in front of the Jeep. The Jeep struck the left rear quarter panel of the car, propelling the car sideways and up onto the curb. The car pinned Jane Doe against a streetlight. She sustained severe crush injuries to her legs. One leg was subsequently amputated. The matter settled before trial.

Joe Truckdriver was making a delivery to Commercial Plant when a forklift crushed his leg. Commercial Plant employee, Forklift Operator, was driving the forklift. Joe Truckdriver, a life-long driver employed by Trucking Company, was at Commercial Plant to pick up a load of material. When the incident occurred, the forklift was loading Joe Truckdriver’s truck. Joe Truckdriver testified that Forklift Operator had stopped loading the truck and stopped the forklift. Joe walked over to Forklift Operator, who was sitting in the forklift and the two had a conversation about loading procedures. At the end of the conversation, Joe turned to walk away and took a few steps. Forklift Operator started the forklift before Joe had cleared the turning radius of the forklift. As Forklift Operator accelerated, the rear left wheel of the forklift caught Joe’s right foot and lower leg. Defendant contended that Joe had approached the forklift from behind while it was operating.

Truckdriver suffered a severely broken ankle and serious damage to the lower part of his leg. During the next year, Joe underwent treatment, including multiple reconstructive surgeries and multiple skin grafts. He suffered recurrent infections and continuous pain from his injury. His doctor determined that it was necessary to perform a below-the-knee amputation. A year after the incident, doctors amputated Joe’s lower right leg. Joe was off work for approximately nine months. Truckdriver was unable to return to truck driving but was rehired by his employer as a dispatcher. The matter settled before trial.

Paula Programmer boarded her regular AC Transit bus to get home from work. As Programmer was holding onto a handrail for support and stepping up to a seat, the bus driver drove away from the bus stop. Programmer, whose left ankle was crushed in a 1989 car incident, had a fused left ankle and wore a rocker-bottom shoe, making her mobility limitations obvious although she did not use a disabled bus pass. Despite bracing herself with the handrail, the sudden movement threw Programmer to the floor, tearing her skin on the outside of her left ankle. The wound caused a reoccurrence of a bone infection called osteomelytisis, and intense neuropathy. Programmer’s orthopedic surgeon determined that a below-the-knee amputation was the only solution for her intense pain. The matter settled before trial.

Joe Plumber was working as a plumber at a commercial construction project. As he neared a concrete pumping hose, he heard a loud popping sound. The pump’s hose uncoupled and swung without restraint. As it swung, the hose, filled with pressurized concrete, whipped into Plumber’s left knee and up into his left upper thigh and groin. The impact knocked him off his feet onto a metal deck, twisting his right knee. The damage from the incident has prevented Plumber from returning to his job as a plumber. Defendants contended Plumber’s right knee was not injured in the incident. They also contended Plumber had degenerative conditions in his right knee from a prior right knee work injury. The jury unanimously found the defendants’ negligence caused Plumber’s career-ending knee injury.

Michael Hoffman, husband and father of two young children, was crossing the street in San Francisco. A Feely Trucking Company big rig made a right turn and struck and crushed Hoffman. The truck cab crossed in front of Hoffman, cutting him off in the crosswalk. The trailer struck Hoffman, knocked him to the ground, and crushed him with the rear right tires. Hoffman died from the severe crush injuries two hours after the incident. The matter settled before trial.

John Smith, a 44-year-old diesel mechanic employed by Equipment Rental Co., was injured at a Road Construction Co.’s work site. Smith was walking by the boom of an Equipment Rental Co. excavator, which had a known history of tracking problems. He was guiding the excavator from one point to another. Attached to the boom of the excavator was a 7,000-pound power pack and shaker. The excavator, driven by a Road Construction Co. employee, mis-tracked, causing the load to swing toward John Smith. Smith put his arm out to stop the load as he saw it coming towards him. The force of the load knocked Smith to the ground. John Smith got up, finished his shift, and reported the incident to his supervisor the next day. John Smith continued to work for the following two months, until numbness and weakness in his hand prevented him from being able to continue working. Smith contended that the Road Construction Co. employee operating the excavator was a substantial cause of the incident and that they were aware that the excavator was not suited for its intended use. Mr. Smith suffered injuries to his right arm, shoulder, and neck because of the impact. He received extensive treatment, including three cervical surgeries. His treating doctors determined he was not able to return to his customary occupation. The matter settled before trial.

Jane Doe was a pedestrian waiting to cross the street in San Francisco’s Tenderloin district. A car, driven by someone unfamiliar with San Francisco, was in the far right lane of a one-way street. The car was the first car at the light. The driver realized that he needed to make a left turn. As the light turned green, the car driver made an illegal left turn in front of the other two lanes to his left. A Jeep, who was headed in the same direction as the car, was timing the lights and going between 25-40 miles per hour. The Jeep driver noticed that there were no cars in the far left lane. He anticipated that the light would turn green just as he crossed the intersection and did not slow down at all for the intersection. As the light turned green, the car turned left from the right lane, directly in front of the Jeep. The Jeep struck the left rear quarter panel of the car, propelling the car sideways and up onto the curb. The car pinned Jane Doe against a streetlight. She sustained severe crush injuries to her legs. One leg was subsequently amputated. The matter settled before trial.

Sarah Student, 28 years old, was walking her regular route to take MUNI home from San Francisco State University where she was a junior. After waiting for the pedestrian signal permitting her to walk, Student began to cross the busy intersection on the outer edge of a group of other pedestrians. Nina Nanny, driving a late-model Volvo, failed to stop at the light. The Volvo struck Student on the left side of her body throwing Student onto the hood of the car, which she dented with her body. Student then fell to the ground striking her head on the pavement. Nanny, who was driving her employer’s car with permission, was late to her class at San Francisco State University where she had an exam. Although Nanny saw that the light at the intersection was yellow, she tried to make in through to avoid waiting for a red light.

Student suffered a C5-6 herniation causing chronic pain in her neck radiating into her right shoulder, requiring an anterior cervical disk fusion. Student also suffered a mild traumatic brain injury which caused significant cognitive deficits including diminishment in Student’s short-term memory, concentration, and mental stamina. Student met the criteria for mild traumatic brain injury even without a definite loss of conscious due to her period of posttraumatic amnesia followed by confusion, and cognitive, emotional, and physical symptoms which persisted beyond one-year post incident. While Student may benefit from learning compensation strategies, she will not improve organically to recover her pre-incident status. The matter settled before trial.

In November 2007, Keith C. and his fiancée, Nicole M., were riding together on Keith’s motorcycle in Sonoma County when a drunk driver travelling the opposite direction made an illegal left turn directly into their path. The drunk driver had a BAC of 0.26% over three times the legal limit, and was on probation from a prior DUI conviction.

Keith suffered a compound femur fracture and a broken hand. The femur fracture required surgery to install a titanium rod and screws in his leg and Keith incurred over $150,000 in medical bills. Nicole’s injuries were fortunately less severe.

The firm successfully settled Nicole’s case for $50,000, the full policy limits of the drunk driver’s car insurance. The insurer, Mercury Insurance Company, unreasonably refused to pay the $50,000 policy limit to settle Keith’s case, resulting in the need for a jury trial. The firm tried the case to a Sonoma County jury in April 2010. Based on the jury’s verdict, the Court entered a judgment in the amount $972,267 which included full compensation for Keith’s past and future medical bills, disability, and associated physical pain and emotional suffering.

Jane Doe, a woman in her early thirties, was driving on a rural highway. A pick-up was coming from the other direction. The pick-up driver had changed his tire shortly before the incident. The pick-up’s tire came off, continued rolling along the highway, and smashed into the front of Doe’s car. Doe momentarily lost consciousness. She declined medical assistance at the scene and returned to work the next day. After a couple days, she went to the doctor, complaining of headaches. Her co-workers noticed she had difficulty focusing. She was taken off work. She was ultimately diagnosed with post-traumatic stress disorder.

An elderly driver was pulling into a parking space in front of a store. The driver mistook the gas pedal for the brake pedal. The driver’s car accelerated into the store. Jane Doe, a woman in her early twenties, was working behind the counter in the store. Doe was crushed between the two counters. Doe sustained lower leg fractures. The case settled before trial.

Jane Doe, 33 years old, was an avid snowboarder. She had a season pass at Northstar. On one of her visits, she finished snowboarding for the day before her friend. She was cold and sat down inside the lodge on a heater vent. The vent was in front of a Northstar retail counter in a location where the Northstar employee could not see Doe. Shortly after she sat down, the Northstar employee closed the small retail shop. This included closing a manual overhead security gate. He closed the gate from behind the retail counter and did not notice Doe. The gate struck Doe on top of her head. Ski patrol responded and Doe declined medical treatment. She drove herself back home the next day.

Doe returned to work two days later. She had difficulty performing her work and was told to return when she was medically capable of doing so. She was treated by a primary care doctor who noted a bruise on her head and neck tenderness. Doe was placed in a neck brace. Three months later when she removed the neck brace, she started developing other problems. These included visual disturbances, light sensitivity, headaches, right-sided numbness, dizziness and exhaustion. Her doctors determined she did not have a traumatic brain injury. A majority of her doctors recommended a psychiatric consult. Doe felt her injuries were physical and declined seeking any psychiatric or psychological care. Doe remained off work for two years after the incident. She then started working as an outpatient physical therapist three days a week.

The case went to trial in Placer County, where Northstar is located.

A 37 year old woman, Susan H., was walking down a public sidewalk in San Francisco when she was attacked and bitten in the face by two pit bulls that had been left unattended by their owner. The dogs had been previously declared “vicious and dangerous” by San Francisco Animal Care and Control, but had been returned to the owners based on their promise to muzzle and leash their dogs at all times. Despite their promises, the owners ignored their responsibilities and Susan H. was viciously attacked and seriously injured as a result.

Susan H. suffered severe facial lacerations, and related nerve and muscle damage. She underwent extensive emergency plastic surgery, incurred significant medical bills, and was left with permanent facial scarring and inability to feel her bottom lip.

The defendant’s insurance company repeatedly refused reasonable offers to settle the case and never offered more than $35,000. Because this amount was nowhere near the reasonable value of Susan’s claim, the firm tried Susan’s case to a San Francisco jury. The jury returned a verdict for $518,988, which included full compensation for Susan’s past and future medical bills, facial disfigurement, and associated physical pain and emotional suffering. With court costs and interest added, the total judgment for Susan H. amounted to over $535,000.