The wife of man who died after a motorcycle accident has won a wrongful death lawsuit. 49-year-old Stanley Stinnett crashed his motorcycle in 2006 while trying to avoid a dog that ran into the road. He was transported to Memorial Medical Center of Modesto where he was in the care of Dr. Tony Tam for five days. Dr. Tam reported that Mr. Stinnett suffered fractured ribs, and he prescribed painkillers and instructed the patient to rest. Six hours after he arrived at the hospital, Mr. Stinnett went into respiratory arrest. Tests showed that the patient had low blood oxygen levels and high acidity in his system, which should have alerted Dr. Tam that Mr. Stinnett was suffering from more than fractured ribs. While hospitalized over the next four days, Mr. Stinnett’s stomach filled with fluid and swelled a great deal. Experts explained that type of swelling occurs when the digestive process is not functioning. It can be treated by draining the fluid or letting the issue resolve itself. Dr. Tam chose not to drain the fluid. Mr. Stinnett began vomiting several hours later, at which time nurses drained 2.5 liters of fluid out of his stomach. He died shortly after.

An autopsy showed that Mr. Stinnett died of heart failure; however, some experts testified that he may have died from choking on the fluid in his stomach. Lawyers for the Stinnett family believed that Stanley was misdiagnosed by Dr. Tam and could have lived if he had drained the stomach fluid earlier. A jury found that Dr. Tam’s negligence was a factor in Mr. Stinnett’s death and awarded his widow, Holly, $8.5 million.  $148,000 was for past economic loss, $1.2 million for loss of future earnings, and $6 million was for loss of love, comfort, and companionship. However, jurors were not informed of a California law that only allows for a maximum of $250,000 to be awarded for non-economic damages. Consequently, Holly Stinnett will only receive $2.4 million. The Memorial Medical Center of Modesto settled separately for $175,000.

The families of four Marines killed in a 2004 helicopter accident have filed a wrongful death lawsuit. Adam E. Miller, Michael S. Lawlor, Lori A. Privette, and Joshua D. Harris were practicing low-level flying procedures near Camp Pendleton when they struck an SDG&E utility tower, killing the four. The families are now suing San Diego Gas & Electric for failing to install safety markers or lights on the tower. Attorneys for the families stated that even with night-vision goggles, the crew was unable to see the 135-foot tower. They believe that the accident could have been prevented if the tower had been equipped with safety lighting. SDG&E’s policy requires the company to install orange markers on power lines over 200 feet high; however, they do not have any policies regarding safety lighting. The families’ lawyer argues that most accidents will occur at levels lower than 200 feet.  Attorneys for SDG&E feel that the Marines are to blame for the accident, as they were warned about the power lines and they were familiar with the area. He further argued that the helicopters went out of the training route boundaries. The trial is expected to last for approximately one month.

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.