A lawsuit has been settled regarding the injuries a couple received after a helicopter crash in 2007. Doug and Judy Barton were passengers on a helicopter tour of Kaua’i, and were approximately 1000 feet in the air when the tail section of the helicopter blew apart. The pilot tried to slow the aircraft’s fall, but he was unable to prevent the crash. 61-year-old Doug Barton and 52-year-old Judy both suffered spinal injuries. Mr. Barton is now in severe pain when walking, and Mrs. Barton has no feeling below her waist and no bladder or bowel functions. She needs daily nursing assistance. The Bartons’ medical bills have reached $750,000. Another passenger, Michael Gershon, was killed, and both the pilot, Donald Torres, and a fourth passenger, Dania Hansen, were injured.

The cause of the crash is believed to be a defective fitting in the tail rotor. After some research, it was found that the helicopter had 16 tail rotor failures, with 10 of them being caused by metal fatigue. After the crash, the National Transportation Safety Board stopped the use of all similar aircraft. It was discovered that two helicopters in
New Zealand had the same defect. This crash was the second in three days in Kaua’i, with the first crash killing four people.

The Bartons filed a lawsuit against Aluminum Precision Products Inc., the manufacturer of the defective fitting, Smoky Mountain Helicopters, who owned the aircraft, and the Boeing Co., which has merged with McDonnell Douglas, and built the helicopter. They were awarded $9.5 million.

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

$988,850 has been awarded to a woman who suffered injuries after being unsupervised at a nursing home. In September of 2007, 83-year-old Elizabeth Gladys had been residing at an assisted living center for nearly two years. At approximately 5:00 a.m. on September 20^th, Ms. Gladys, who suffered from dementia, exited the building. In doing so, she set off a door alarm. Three staff members were on the premises, two of which did not hear the alarm, and one was on the phone. Ms. Gladys was found about 20 minutes later by a neighbor who lived several houses away from the facility. She had suffered an intertrochanteric fracture of her hip and subdural hematoma with cognitive impairment.  

The Department of Social Services issued a complaint against the facility for failing to provide adequate care to a resident suffering from dementia, leading the resident to suffer injuries. They demanded $1.2 million, and the facility offered $300,000. A final settlement of $988,850 was reached.

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

A settlement has been reached in a lawsuit regarding at 2007 accident. 76-year-old Marilyn Clark was the passenger in a car being driven by her husband. The couple was crossing an intersection when the driver of a Navigator, Mohammed Zeidan, ran a red light. Mr. Zeidan collided with the passenger side of the Clarks’ vehicle. Ms. Clark fractured her jaw and ribs and also suffered a collapsed lung.  

The Clarks sued Mr. Zeidan for negligence, which he did not dispute. A settlement was reached for $100,000.

If you reside in the San Diego area and have been seriously injured, 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 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.

A case has been settled regarding a construction worker who was injured in 2003. 38-year-old Saul Garcia was in the lift gate of a truck, when the driver reversed and hit a concrete median. Mr. Garcia fell from the lift gate and suffered a dislocated shoulder and a labrum tear, along with adhesive capsulitis. He needed two surgeries and physical therapy. Mr. Garcia stated that he experienced permanent pain and limited range of motion.  

Mr. Garcia believed that the driver of the truck was negligent and was at fault. He felt that the driver failed to abide by procedures, stating that all equipment must be secured when moving the truck. The driver argued that he verbally warned Mr. Garcia before reversing the truck, and he got on the truck anyway. The driver felt that his employer was responsible because he was negligent by not properly training him and by providing inadequate lighting at the scene of the accident, causing him to strike the concrete median. Defendant’s medical experts also felt that Mr. Garcia was exaggerating his injuries.  

Mr. Garcia requested reimbursement for medical expenses, lost wages, and pain and suffering. The jury found him three percent responsible, but awarded him $1,909,790.

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

A personal injury suit has been settled regarding a case of a girl who was paralyzed after a 2006 accident. Monique Guerrero was five years old when she, along with two other siblings, was traveling in her mother’s Chevrolet Tahoe. The family was driving approximately 54 mph on a rural road in Tehachapi, which is in Kern County, Calif. The Tahoe hit a patch of ice and skidded off the road before striking a tree at 34 mph. The mother and two siblings were unhurt; however, Monique injured her spinal cord and is now a paraplegic. She is able to use her arms, but has no feeling below the middle of her torso. Monique’s parents argued that the seat belt had malfunctioned, resulting in the child’s injuries. They stated that they aware that the seat belt had needed repair, and several months before the accident, they had been told there was a 30-day waiting list for the repair. There were other seats in the vehicle that had properly working seat belts that Monique could have been seated in. Furthermore, despite the fact that the law required her to be in a car seat, Monique was placed in an adult seat in the vehicle. Her parents stated that they removed the car seat due to the fact that Monique had vomited on it several days before the accident.

The Guerreros sued General Motors and Takata Seat Belt Inc. for $67 million. $22.5 million was for monetary damages since Monique would require a 24-hour nurse, and $45 million was for general and emotional distress. Takata Seat Belt Inc argued that Monique’s injuries were caused by misuse of the seatbelt, as opposed to the seat belt’s faulty design. They stated that the Guerreros used poor judgment by neglecting to repair the seatbelt and by choosing not to place Monique in a seat with a working seat belt. They also argued that the car seat was still usable; however, they chose not to utilize it. Lawyers for the Guerreros stated that Monique’s injuries would have been prevented if her seat belt had retracted properly. They argued that the seat belt malfunction was the result of poor design and manufacturing. They also stated that Monique’s parents had made a reasonable attempt to repair the seat belt. However, lawyers on both sides agreed that the child would have escaped injury if she had been sitting in a car seat.

After a five-week trial, a federal jury in Fresno sided with General Motors and Takata Seat Belt Inc, putting no blame on the companies for Monique’s injuries. The state of
California has a joint and several liability law, so even if the jury had found the companies 1% responsible, they would have been liable for the full amount of economic damages.

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

The family of a Ross, Penna. man who died of asbestos exposure in 2006 recently won $7 million in a wrongful death lawsuit. In 1968, Mr. Tripoli began working as a union contractor in the Koppers Company building, and continued to work there intermittently for seven years. He also worked at Dravo Corporation and Fisher Scientific International, Inc. He was exposed to asbestos at all three locations. In 2005, Mr. Tripoli was diagnosed with mesothelioma, which is a cancer that is caused by asbestos exposure. He passed away in January of 2006 at the age of 68.  

A jury in Allegheny County found Koppers Co., Inc., which was taken over by Beazer in 1988, liable for 40% of the damages. Dravo Corp., part of Belgium’s Carmeuses Group, was found to be responsible for 10%. Fisher Scientific International, Inc., part of Thermo Fisher Scientific, Inc. was found liable for 10% as well. The remaining charges are to be divided among several other companies that dealt with asbestos products. In a separate case in 2006, An Allegheny County judge found that Kopper officials were aware of the dangers of asbestos exposure since 1918.

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

A lawsuit has been settled in the case of a 2003 construction accident in Gilroy. On August 7^th, 49-year-old Manuel Pereira, a sheetrock specialist, was working for a subcontractor for Greg Farotte Construction, Inc. Mr. Pereira was performing work in a scissor lift at El Amigo Restaurant. The machinery rolled into an open hole in the kitchen’s cement floor, causing the lift to fall and knock Mr. Pereira 15 feet to the ground. He suffered a fractured wrist and dislocated elbow. Seven surgeries were performed on his arm, but he is still permanently disabled and cannot perform construction work, which is his only means of employment.  

Mr. Pereira sued Greg Farotte Construction and the plumbing subcontractor, Associated Plumbing. He argued that OSHA regulations required that exposed holes must be covered. Both defendants denied responsibility, stating that the accident was caused due to Mr. Pereira’s negligence. They stated that Mr. Pereira attempted to drive around the holes with the lift extended, which is not how the machinery is to be operated. It also should not be used on uneven surfaces. Mr. Pereira had not been trained to use the scissor lift, so his incorrect use of it was the cause of the accident. They further argued that the holes were exposed because they were being used by Associated Plumbing. 

Mr .Pereira requested $132,000 for medical specials, $100,000 for loss of past wages, and $750,000 for future loss of wages. Due to a provision in their contract obligating Associated Plumbing to pay, Greg Farotte Construction paid Mr. Pereira $450,000 and Associated Plumbing paid $1 million.

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