A former member of the San Diego Chargers has settled a lawsuit against the city of
Coronado and a police officer. In September of 2006, 23-year-old off-duty policeman Aaron Mansker followed athlete Steve Foley’s vehicle because he believed Mr. Foley was driving while intoxicated. The officer trailed Mr. Foley from San Diego to Poway, where he then instructed Mr. Foley to pull over and get out of his vehicle. Mr. Mansker said it appeared that Mr. Foley was taking out a weapon as he exited his vehicle, at which point the off-duty policeman shot Mr. Foley in the back of his knee and his hip. Mr. Foley did not have a weapon. Mr. Mansker, who was dressed in casual clothing and driving his personal vehicle, claimed that he informed Mr. Foley that he was a police officer; however, he never presented his badge. 

Mr. Foley injuries required 12 surgeries, and he still suffers painful nerve damage and has trouble walking. He was forced to end his football career. He filed a civil lawsuit against the city of Coronado and Mr. Mansker because he believed procedural violations had been made. The attorneys for Steve Foley argued that Mr. Mansker violated policies by forcing Mr. Foley to pull over, as opposed to merely following him. The lawsuit was settled for $5.5 million.  

The city of Coronado is insured for liability claims up to $100,000, and it is also involved in another liability insurance program with other counties and agencies. That program offers extra insurance to cover claims over $2 million. The $5 million settlement with Mr. Foley has now lessened the reserve amounts for the other participating counties and agencies. Furthermore, off-duty policeman Aaron Mansker is covered by the government code, so he is not responsible to pay any of the settlement funds to Mr. Foley.

If you reside in the San Diego area and have been seriously injured, contact the law firm of Estey &  Bomberger.

A pet store chain has been sued in a wrongful death case after a man died from an illness contracted by a pet bought at the store. After purchasing a cockatiel from a Texas PetSmart in 2006, 63-year-old Joe de la Garza contracted psittacosis, which is a bacterial infection carried by certain bird species. The sickness is also known as “parrot fever.” Mr. de la Garza died less than three weeks after being infected with the disease. His daughter was also hospitalized from the illness.  

A spokesperson for PetSmart stated that when good hygiene is practiced, it is very unlikely that a human will contract psittacosis. However, late last year, the sale of birds was temporarily stopped country-wide after a threat of the illness.

If you reside in southern California and have suffered a serious illness or injury, contact the law firm of Estey & Bomberger.

A Kansas City man received $7.25 million for injuries he suffered after a 2006 pit bull attack. The dogs were owned by Paul Piper and Bryan Smith, who were living in a property owned by Brittnee Ann Wisdom and James K. Knowles. Ms.Wisdom, Mr. Knowles, and Ms. Wisdom’s mother, Nancy, had all made attempts to remove the dogs from the property. Brittnee left several notes for Mr. Piper, instructing him to cage or fence the animals. On the morning that Mr. Hill was attacked, the Wisdoms contacted animal control officers to remove the dogs from the property. Before animal control officers could remove the pit bulls, the dogs escaped out of an open window, eventually attacking Mr. Hill who was mowing the lawn in a vacant lot. The dogs were killed by police when they were located.

Mr. Hill remained on a feeding tube for over a month and suffered lacerations to his face as well as his arms and legs. He also suffered organ failure and now has permanent disfiguration and disabling injuries. The cost of his medical bills was over $500,000 and his loss of income was greater than $1 million. He was awarded $7.25 million and his wife, Connie, received $300,000.

Mr. Smith was sentenced to a year in jail, and Mr. Piper was also convicted. The attack has shed light on the need for tougher laws on dangerous dogs.

If you reside in the San Diego area and have been seriously injured, contact the law firm of Estey & Bomberger.

A wrongful death lawsuit has been settled in the case of a man who died of mesothelioma, a cancer caused by asbestos exposure. From 1951-1955, James Baccus worked as a Navy machinist in Philadelphia. He was then employed by American Synthetic Rubber Company in Kentucky from 1957-1977. In 2007, Mr. Baccus was diagnosed with mesothelioma, and died six months later at the age of 76.  

The jury believed that Mr. Baccus’ mesothelioma was caused by his exposure to asbestos while working on pumps, compressors, and valves during his career. They found manufacturers John Crane Inc. 45% responsible, Crane Co. 35%, and Yarway 20%. Mr. Baccus’ family was awarded $25.2 million.

If you reside in southern California and have been seriously injured, contact the law firm of Estey & Bomberger.

Under a new lawsuit, a settlement may allow Massachusetts nursing home residents with brain injuries to be transferred into community or single homes. The lawsuit was filed by the Stavros Center for Independent Living and the Brain Injury Association of Massachusetts on behalf of five individuals with brain injuries. The lawsuit states that Massachusetts violated the Americans with Disabilities Act by not offering sufficient services for individuals suffering from brain injuries who wish to live outside of institutions. There are approximately 8,000 patients with brain injuries living in the state, and only about 200 of them are in community residential programs. Support services are not offered to those who have received brain injuries as a result of a medical issue, but only to people who have trauma-related brain injuries.

The settlement could affect as many as 2,000 nursing home residents who are capable of assisted apartment living or residing in staff-supported community homes. The state will work alongside brain-injury advocates to determine whether an individual would be better suited to live alone or in group homes. Furthermore, individuals would be eligible for relocation only if they are also eligible for Medicaid. The relocation program would require creating two new programs that cost $15 million above the funds that are already spent to help those with brain injuries. The federal government plans to share the cost with the state. Over eight years, 200-250 people are expected to move into homes annually.

A wrongful death lawsuit has been filed in the case of a woman who was hit by a car after leaving her nursing home. 94-year-old Maria Cobain suffered from senile dementia and was admitted to the Palomar Heights Care Center in Escondido in May of 2005. Mrs. Cobain had a history of attempting to leave the premises, and the facility had allowed her to leave in the past. In November of 2007, Mrs. Cobain left the premises and was killed after being hit by a car while walking on Grand Avenue near Ohio Street. The motorist was driving a vehicle owned by Hidden Valley Security Services. Mrs. Cobain’s son, Alberto, filed a lawsuit against the nursing home for over $25,000. The suit also blames the driver and Hidden Valley Security Services.

The California Department of Public Health issued a citation and a $100,000 fine relating to the death of Maria Cobain. It was the second citation for the Palomar Heights Care
Center in two years. The first was issued in 2006 in the burning death of a 66-year-old man who was smoking while connected to an oxygen tank. The nursing home filed a lawsuit against the Department of Public Health stating that the violation did not occur. 

If you or someone you know has been seriously injured, contact the law firm of Estey & Bomberger.  

A case has been settled concerning the injuries a paramedic suffered while responding to an emergency. On June 20, 2003, a call was made to the Coffee Creek Fire Department that Curtis G. Cortopassi had been involved in an accident while operating his ATV on a private road. Mr. Cortopassi was intoxicated and his vehicle had an under-inflated tire. When his ATV overturned, Mr. Cortopassi was thrown to the ground with the vehicle landing on top of him.  

40-year-old Julie Anne Eaker, a volunteer with the Fire Department, responded to the emergency call with an ambulance crew. A locked gate to the private road prevented the ambulance from reaching Mr. Cortopassi. A bystander, Mr. Cain, offered to transport Ms. Eaker to the location on his ATV. Ms. Eaker accepted, unaware that Mr. Cain was also intoxicated. 

As Mr. Cain neared the locked gate, he stopped the ATV and asked Ms. Eaker if she wanted to remain on the ATV. He told her he could make it safely around the gate; however Ms. Eaker chose to dismount the vehicle. As she did so, Mr. Cain restarted the ATV, and Ms. Eaker attempted to regain her balance by holding on to Mr. Cain from the rear of the ATV. The ATV then overturned, landing on top of Ms. Eaker. She permanently lost use of her left arm and may need an elbow replacement at age 50. She is unable to perform medical tasks, which was a skill that may have provided her with employment in the future.   

Ms. Eaker stated that Mr. Cain was negligent in his operation of the ATV, and was further compromised by his intoxication. She also felt that Mr. Cortopassi was responsible, due to a law that states that if a person is injured while rescuing another, the person who negligence created the need for rescue may be liable.  

Mr. Cortopassi and Mr. Cain were each found 50% percent responsible, and $1,755,109 was awarded to Ms. Eaker.

If you reside in southern California and have been seriously injured, contact the law firm of Estey & Bomberger.

There has been a bench verdict in the case regarding the injuries Robert Dorroh received after an accident in 2000. 43-year-old Mr. Dorroh was driving to work in his 1985 Ford Bronco at approximately 6:50 a.m. Cedar Sol Warren was traveling in the opposite direction, and was speeding. Mr. Warren spilled coffee in his lap and looked down from the road. When he looked up again, he saw that the car in front of him had stopped to make a left turn. Mr Warren swerved to avoid the vehicle, and crossed into Mr. Dorroh’s lane. He collided with Mr. Dorroh’s Bronco, causing it to tip and roll over. Mr. Dorroh was ejected from the vehicle and landed in a stream. He received a great deal of injuries: several fractured ribs, contused and collapsed lungs, vertebrae compression fractures, pneumonia as the result of fresh-water drowning, flail chest, and T-10 ASIA A paraplegia. He also suffered residual paralysis, neurogenic bowel and bladder, neuropathic pain, impotence, urethral erosion, penile structure, urinary tract infections, osteoporosis with femur fractures, stoma closure, violent spasms, diabetes, pressure sores, torn rotator cuff, catheter, osteomyelitis, myofascitis, suprapubic, left orchiectomy, heterotropic ossification, amputation of fifth ray, right foot, and bilateral carpal tunnel. Mr. Dorroh is now unable to work.  

Mr. Warren argued that Mr. Dorroh was not wearing his seat belt, causing him to be ejected from the vehicle and suffer the multiple injuries. He further argued that if Mr. Dorroh was wearing a seat belt and it failed, then Ford Motor Company was responsible for the injuries. The court proved that Mr. Dorroh’s seat belt did meet guidelines.  

Mr. Dorroh requested an amount of $10 million. There was a bench verdict of $16,789,835.

If you reside in San Diego and have been seriously injured, contact the law firm of Estey & Bomberger.

The family of a Georgia woman who drowned in a bathtub at Gwinnett Medical
Center has been awarded $5 million in a wrongful death lawsuit. Wendy Wyckstandt, 34, was hospitalized in 2000 for post-partum high blood pressure four days after giving birth.  Her mother found her after she collapsed while taking a shower. Ms. Wyckstandt died the next day.  

In 2002, the family of Wendy Wyckstandt sued Gwinnett Health System, the parent company of Gwinnett Medical Center. They believed that Wendy was weak due to her medical condition, and needed assistance with showering. Attorneys for the family felt that the hospital did not provide them with all of their evidence, and also felt that they tampered with Ms. Wyckstandt’s medical records. A hospital spokesperson argued that no evidence was altered, and that hospital staff did check on Ms. Wyckstandt’s condition. There were two trials in the case; the first verdict was a hung jury in favor of the hospital.

During the second trial, lawyers for the victim’s family requested videotapes from three cameras that were outside of Ms. Wyckstandt’s hospital room to see how often she was monitored by staff. The hospital only offered two videotapes, one with a 30-minute gap with no activity. Coincidentally, this gap is found at the same time a nurse claims to have checked on the patient. The hospital says that gap was due to the fact that the tape was being switched after a shift change. Hospital officials plan to appeal the verdict.  

If you reside in southern California and have been seriously injured, contact the law firm of Estey & Bomberger.