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 demolition worker employed by Whillock Contracting was killed on May 29^th while working on the Unified Port of San Diego project. The man was at 550 Marina Parkway in
Chula Vista demolishing the old Rohr and Goodrich Corp. building. He was in the process of taking down a wall when a steel beam fell on him. The man was pronounced dead at the scene. CalOSHA is investigating the accident.

If you or someone you know has 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.

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.

A 4-year-old boy from Chula Vista, Julian Alexander Lee Payne, was killed in a car accident on May 26^th. The child was playing in a front yard of a home on Ivanho Street near Galopago Street in the La Presa area. He ran into the street and collided with the passenger side of a 2000 Nissan Pathfinder at around 3:45 p.m. A large work truck was parked on the street with blocked the driver’s view of the child. An ambulance transported the boy to Rady Children’s Hospital where he died at approximately 5:00 p.m. The driver of the Nissan was not cited.

If you or someone you know has been injured in an auto accident, 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.

35-year-old Jim Lang of Wisconsin has won over $3 million in a medical malpractice lawsuit after losing a portion of his left leg. In 2003, Mr. Lang visited Dr. Gregory Estlund after he injured his leg while working at a factory in Hammond. After four visits to Dr. Estlund with no progress, Mr. Lang decided to see a specialist. That specialist discovered that muscle and nerve damage had limited Mr. Lang’s blood flow, and ordered Mr. Lang to be taken into surgery that day. Mr. Lang still never regained feeling in the lower portion of his leg, and it had to eventually be amputated in 2004. A jury in St.Croix County found Dr. Estlund negligent, and awarded $3.2 million to Jim Lang.

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

Two days after the May 19^th hotel explosion in downtown San Diego, two of the injured construction workers had surgery for temporary skin grafts. Doctors at the UCSD
Medical Center burn unit are still keeping the patients in drug-induced comas for another two weeks to control pain. They may be ready to get permanent skin grafts by next week. A third victim who was burned on over 40% of his body is still too swollen to undergo surgery. All three patients are still in considered to be in critical condition. A fourth construction worker is still admitted at Scripps Mercy Hospital with orthopedic injuries. Thirteen people were injured in the blast that firefighters believe was caused by flames from a water heater or electrical spark igniting natural gas that had been leaking into the mechanical room. The complete investigation could take up to six months.

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