Wrongful Death

August 30, 2018

California Appeals Court Allows Wrongful Death Suit to Move Forward

by Neumann Law Group

Photo Credit: Syda Productions / Shutterstock.com

This wrongful death action was brought on behalf of a man who died from cardiac arrest after completing a half marathon. He was given CPR by another racer and a bystander, but by the time the automatic external defibrillator was brought to him his heart had no shockable rhythm. The man’s family brought suit against the organizations and individuals who oversaw and put on the race. They alleged that those responsible for the race were negligent, especially regarding the availability of emergency medical services. When loved ones die due to the negligence of others, families – generally with the assistance of knowledgeable California personal injury attorneys – may be able to hold the wrongdoers accountable.

Assumption of the Risk

July 5, 2017

California Appeals Court Holds Defendant Doctors Protected by Good Samaritan Law in Wrongful Death Lawsuit

by Neumann Law Group

A woman and her four children sued two doctors and a medical group, alleging a cause of action for the wrongful death of the woman’s husband from medical malpractice during surgery. The doctors and their medical group filed a joint motion for summary judgment, with the doctors invoking the “Good Samaritan Law” (see Bus. & Prof., § 2396) and their group arguing that, absent liability on the doctors’ part, it could have no vicarious liability as their principal. The trial court granted the defendants’ motion. The family appealed, and California’s Second District Court of Appeal affirmed.On May 15, 2012, the husband underwent scheduled, elective shoulder surgery at a hospital in East Los Angeles. A doctor performed the surgery. At the same time that a doctor was performing his shoulder surgery, two other doctor was performing heart surgery in an adjacent operating room.

January 23, 2017

Texas Couple Sues Apple in California Court Following Distracted Driving Fatality

by Neumann Law Group

A Texas couple recently sued Apple, Inc. in Santa Clara Superior Court. The suit claims that the iPhone’s FaceTime app caused the death of their 5-year-old daughter, Moriah Modisette, who was killed in a car crash due to a distracted driver using FaceTime. The child’s parents, James and Bethany Modisette, claim that Apple has failed to use “lock-out” technology to stop FaceTime from being used by drivers: “Apple has consistently and continuously failed to implement a safer, alternative design that would lock-out and prevent use of FaceTime while driving.” The suit alleges negligence and wrongful death, among other causes of action.

Moriah Modisette was killed on Christmas Eve 2014 when her parents’ Toyota Camry was hit from behind by a Toyota SUV driven by then 20-year-old Garrett Wilhelm. The lawsuit indicates the Camry had stopped for traffic when it was hit by Wilhelm’s SUV traveling at 65 mph on Interstate 35. His car allegedly rolled over the driver’s side of the Camry. While both James and Moriah were critically injured, Moriah did not survive the crash: she died of soon after being airlifted to a Fort Worth hospital. James, Bethany, the couples’ other daughter, Isabella, and Wilhelm were all taken in an ambulance to a Denton hospital.

January 16, 2017

California Magistrate Dismisses Claims Against San Francisco Following Pier 14 Shooting

by Neumann Law Group

Early one evening in July 2015, 32-year-old Kathryn Steinle was shot and killed on Pier 14 in San Francisco. The bullet hit Steinle from behind, piercing her aorta. She quickly collapsed to the ground and screamed for help. Her father performed CPR on his daughter before paramedics arrived. Kathryn died two hours later at the hospital. The shooter, Juan Francisco Lopez-Sanchez, was arrested roughly an hour after the shooting and charged with murder. The Steinles filed suit for wrongful death and negligence against various government officials in May 2016.Lopez-Sanchez was charged with first-degree murder on July 6, 2015. The defendant admitted in an interview that he fired the lethal shot, but that he found the gun under a bench after taking sleeping pills from the trash. He also said that he was aiming to shot sea lions and hit Steinle accidentally. Lopez-Sanchez pleaded not guilty to the charges. The trial is scheduled for February 17, 2017.

December 22, 2016

Potential Legal Remedies For Victims of Oakland Fire

by Neumann Law Group

At the beginning of this month, a fire broke out in an Oakland warehouse known as the Ghost Ship at roughly 11:30 p.m. The Fruitvale neighborhood warehouse had been converted into an artist collective and housing units. The Ghost Ship was hosting a concert promoted by an LA record label. Thirty-six people were killed in the fire, making it the deadliest fire in Oakland history and the deadliest California fire since the 1906 San Francisco Earthquake.Several factors interfered with the escape process and led to the eventual fatalities. There were no sprinklers in the building, and firefighters on scene did not hear smoke detectors. The building was cluttered with wooden furniture and art. There was also a “makeshift, one-way stairwell” composed of wooden pallets that connected the first and second floors. Oakland Department Chief told reporters, “It was like a maze, almost.”

October 21, 2016

Inmate’s Daughter Sues California DOC For Wrongful Death Following Prison Murder

by Neumann Law Group

A recent lawsuit filed in federal court in California claims officials should have prevented the death of California inmate Hugo Pinell, who was killed just two weeks after being released into the general prison population last August. Pinell was revered by civil rights activists for his role in California’s prisoner rights movement of the 1960s.Born in Nicaragua, Pinell was convicted of rape at age 19 and sentenced to life in prison in 1965. Pinell had been in solitary confinement since a violent escape attempt from San Quentin in 1971, which left six dead, including three prison guards and Black Panther activist and inmate George Jackson. Pinell was deemed one of the “San Quentin Six” for slitting the throats of several guards during the botched attempt. After what was at the time the longest trial in California history, Pinell was given a third life sentence for his involvement in the incident.

September 2, 2016

$16.3 Million Awarded to Survivors of Deceased Construction Worker in Southern California

by Neumann Law Group

The widow and children of a construction worker killed at a wastewater treatment facility in Southern California were recently awarded $16.3 million in their case against the construction company.In August 2011, Edgar Alejandro Gonzalez was working at the Hyperion Treatment Plant, a wastewater plant in Playa del Rey that handles Los Angeles’ water supply. Edgar was helping to erect a concrete wall panel when it collapsed, causing him to fall 30 feet. Part of the wall then fell on him, resulting in severe head trauma that ultimately caused his death. His family filed suit in Los Angeles Superior Court against Atlas Construction Supply, Inc.

June 8, 2016

California Appellate Court Upholds Ruling for Defendants in Fatal Skateboarding Accident Lawsuit

by Neumann Law Group

The California Court of Appeal for the Third Appellate District recently upheld the lower court’s grant of summary judgment for the defendants following a skateboarding death, based on the doctrine of primary assumption of risk.Brett Bertsch died while using a skateboard in Mammoth Lakes, a resort community. His brother and he were traveling downhill at a fast speed and without helmets when the front wheels of Brett’s skateboard hit a gap between the paved road and a cement collar surrounding a manhole cover. As a result, Brett was thrown off the board. He suffered brain trauma and unfortunately eventually passed away from his injuries.

April 20, 2016

Family of Former California Inmate Sues Los Angeles for Wrongful Death

by Neumann Law Group

The mother and son of deceased California resident Angela Slack, who died at the hospital less than a week after being arrested, are suing Los Angeles County and the city of Los Angeles. The police department is calling the incident an “in-custody suicide attempt.”Virginia Wheeler and Jonathan Goetz filed suit in Los Angeles Superior Court this month on behalf of Slack, who was 40 years old at the time of her death. The plaintiffs are seeking unspecified damages stemming from allegations of wrongful death, negligence, failure to provide medical care in police custody, deprivation of life without due process, and interference with the parent-child relationship. A spokesperson from the City Attorney’s Office failed to provide comment.

April 6, 2016

California Appeals Court Reverses Immunity Granted to Police Department Following Car Chase Death

by Neumann Law Group

The California Court of Appeal for the Fourth District recently held that in order to avail itself of the statutory immunity granted to public entities from a death or injury resulting from police pursuits of suspected criminals, the entity must develop, adopt, promulgate, and provide regular and periodic training policies. Decedent Mike Wayne Morgan suffered fatal injuries when defendant Thomas Durnin crashed head-on into Morgan’s vehicle as Durnin was fleeing from Beaumont Police Officer Brian Stehli during a 12-minute car chase. The decedent’s widow and daughter filed suit, alleging wrongful death against defendants the City of Beaumont and the Beaumont Police Department (BPD).