Stockton Injury Lawyer Blog

The wife of a Hawthorne police officer killed while assisting a funeral procession has filed a wrongful death lawsuit against the cities of El Segundo and Manhattan Beach. The $25 million negligence suit alleges that the negligent and reckless actions of the municipalities and police departments in organizing the funeral procession led to the death of Andrew Garton, a motorcycle officer with the Hawthorne Police Dept.

If you have been seriously injured or have lost a loved one as the result of a motorcycle accident or the wrongful or negligent conduct of another, it is important to speak to a Stockton personal injury attorney immediately to discuss your case and determine your next steps.

Here, Garton collided with another motorcycle officer from El Segundo. The crash tossed Garton into oncoming traffic where he landed on another vehicle and was killed. Garton's wife filed the wrongful death lawsuit on behalf of herself and her young sons, alleging wrongful conduct on the part of El Segundo. Specifically, she alleges that El Segundo "negligently, carelessly and recklessly" controlled and monitored the motorcycle operated by the El Segundo officer who caused the crash. The complaint also alleged negligence in the hiring and training of the officer involved.

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A tragic case out of New Jersey, in re Matter of John Fiocco, Jr., deceased, highlights the responsibility of public entities to maintain a safe environment. In the wrongful death lawsuit the family of young college student alleges that the College of New Jersey was responsible and should be held accountable for the death of their son. The parents, Susan and John Fiocco allege that "lax security measures" at the campus allowed a stranger to enter their son's dormitory and murder their son.

The college argued that it was protected from civil suit as the result of immunity laws that shield public and charitable institutions from liability unless the institution was either "grossly negligent" or allowed a "dangerous condition" to exist at the time of an accident. However, the court ruled that allegations that the college allowed open access to the dorm 16 hours a day and did not make sure that exterior doors leading into the dorm and the trash compactor room were locked, could be considered "grossly negligent" and/or a dangerous situation. As a result, the college could not hide behind immunity statutes to shield itself from civil liability.

Similarly in California, public entities may be held liable for creating dangerous conditions. If you have been injured as the result of a dangerous condition on public property or have lost a loved one, a Stockton injury lawyer can advise you of your rights and consult with you regarding your next steps.

Under California law, several different issues and laws may be considered in determining whether to file a wrongful death lawsuit or premise liability claim. For example, was the public entity aware of the dangerous condition? Even if the entity was not aware of a condition - should they have discovered the condition? Did the entity adequately inspect and maintain the property? In the event the entity was aware of a dangerous condition, did it take adequate steps to prevent foreseeable risks of harm?

Continue reading "College May Be Found Liable In Wrongful Death Lawsuit - In re Matter of John Fiocco, Jr., deceased " »

A recent survey conducted by an insurance company tries to answer the question, "Which states have the worst drivers?" The worst driver survey collected data from three different sources - the National Highway Transportation Safety Administration (NHTSA), which reviews driving fatalities, including car accidents, Mothers Against Drunk Driving (MADD), which compiles statistics concerning drunk driving and drunk driving accidents, and the American Motorists Association, which tabulates number of tickets received.

On the whole, California performed fairly well. Overall, it ranked as #36 in terms of having the worst drivers. Although room for improvement exists, California drivers had fewer citations and accidents than average. Further, California ranked quite well for not having "careless" drivers. In fact, California ranked in the top ten for the most careful drivers. Careless driving includes distracted driving such as texting while driving.

Distracted driving remains one of the top reasons for predicting bad driving and is to blame for causing traffic accidents and fatalities. NHTSA warns, "distracted driving is a serious life-threatening practice and we will not rest until we stop it ... The message is simple - Put It Down! If you have been injured in a car accident or a loved one has been killed in a car accident due to distracted driving, speak to a knowledgeable Stockton personal injury lawyer at once to determine your rights and help you obtain the compensation you deserve.

Continue reading "California Ranks High For Having Good Drivers, Including Lower Driving Fatalities " »

A Petaluma woman has sued a California nursing home for negligence surrounding the treatment of her mother while in the care of the facility. According to the nursing home negligence complaint filed on behalf of Elizabeth Walter, the 80-year-old woman suffered from malnutrition, infections and dehydration as the result of neglect, negligence and fraud at a Petaluma nursing home as well as by the home health care agency providing her care.

The complaint alleges that the woman suffered a broken hip while Accentcare Home Health of California was providing her in-home care. Walter was subsequently moved to Petaluma Health and Rehabilitation for daily care. While there, she was allegedly denied "appropriate care and treatment that included food, hydration, wound care, monitoring and assessment." When admitted to the hospital a month later, Walter's condition had worsened.

If you believe a loved one has been subjected to nursing home negligence, a Stockton injury lawyer can help. An experienced negligence attorney can work with a family to help ensure a loved one receives the care he or she deserves and fight to obtain compensation for any harm incurred.

Continue reading "Nursing Home Negligence Alleged In Walter v. Petaluma Health and Rehabilitation " »