Monthly Archives: June 2014

California driver injures 2 in separate hit-and-run accidents

According to the assistant district attorney prosecuting him, a 26-year-old man hit two people, a mini-bus and a hotel in San Francisco on the night of June 8. The prosecutor detailed the events of the pedestrian accident during the man’s arraignment on June 13, and he was taken into custody that day after his bail was set at $350,000. He had been free on $115,300 bail prior to being arraigned.

The assistant district attorney said the incident began around 8:30 p.m. in San Francisco when a red Ford Mustang drove onto the sidewalk and hit the outside of the Parc 55 before rear-ending a city bus. From there, he was said to have struck a pedestrian, with enough force to send the man airborne, near Fifth and Market streets. After running a red light, the car hit another pedestrian at Market and Kearney streets according to the assistant district attorney’s account. The spree ended when the man fled the Mustang on foot near the intersection of Pine and Kearney streets. He was apprehended the next day in Hayward after police tracked him using the car’s registration and his cell phone, which was left in the car.

According to the assistant DA, both pedestrians were significantly injured by the Mustang, with the first requiring hospitalization for life-threatening injuries. The driver has been charged with eight criminal counts, including reckless driving and felony hit-and-run.

The injured pedestrians can seek damages from the driver in respective civil suits. Personal injury attorneys could help them calculate the total financial harm caused to them by the accident. The awards sought from the Mustang driver would likely account for medical bills, damaged property and income lost due from being rendered unable to work.

Source: The San Francisco Appeal, “Driver Who Allegedly Struck Pedestrians, Muni Bus, And Hotel Pleads Not Guilty, Is “extremely remorseful”“, June 13, 2014

Trial continues in case of fan who suffered brain injury in fight

When the San Francisco Giants squared off against the Los Angeles Dodgers during the 2011 Opening Day game at Dodger Stadium, many expected a cut throat competition between these two California teams. But after the game, in the stadium’s parking lot, another clash took place that forever foreshadowed the game and begged the question: was the stadium liable for what had taken place?

Some of our San Francisco readers may remember hearing about the attack on 45-year-old Bryan Stow that left the former paramedic with permanent brain damage after hitting his head on the pavement and being kicked in the skull. As was pointed out by medical experts in the personal injury claim that was filed against the stadium, Stow may not have suffered the traumatic brain injury had security seen the altercation and stopped it before it escalated.

The plaintiffs in the case believe that a lack of security contributed to Stow’s injuries and that the stadium should be held liable for its negligence. But the stadium has argued against this point, stating that “the Dodgers had the largest security force in its history” for the game. The vice president of Stadium Operations also disagreed with the accusations of negligence stating that if the security guards had seen the altercation, they would have responded to it.

But the fact of the matter is that security did not respond to the altercation, which continues to leave the question of liability unanswered. In the upcoming days, jurors will hear the defense’s side of the story. After which, they will come to a decision about whether the victim’s family should receive upwards of $37 million in damages. If calculated right, the amount could help cover continued treatment and other medical costs as Stow ages.

Sources:, “Bryan Stow Trial: Expert says care, lost wages for Giants fan could total $37M,” Linda Deutsch, June16, 2014

The Los Angeles Times, “Doctors testify about Bryan Stow’s loss of intellectual capacity,” Corina Knoll, June 11, 2014

Store’s negligence with statue ends in fatal injuries for boy

A tragic and unfortunate accident in the Fisherman’s Wharf area of San Francisco this month could lead to compensation if the victim’s family decides to take legal action in the case. For those who have not heard yet, a 2-year-old boy suffered fatal injuries after a statue fell on him last week. Reports indicate that he was playing on the statue and had wrapped his arms and legs around it before it toppled onto him.

It appeared at first that the boy had only suffered a nose bleed, which was treated at the scene by emergency crews. But when he was taken to San Francisco General Hospital later, it became apparent that his injuries were much more severe. He died a few hours later from serious internal injuries.

Although police are not sure how much the statue weighed, the fact that it caused serious injury to the boy was enough for officers to cite a store for placing the statue on the sidewalk. It’s unknown whether any criminal charges will be filed or not.

It’s also unknown if the boy’s family, who were visiting from out of time at the time of the accident, intend on taking legal action for the boy’s death. Based on the facts so far, it’s possible to argue negligence, especially if the store failed to secure the statue before displaying it or failed to post anything about the possible risk of injury it posed to small children. If the victim’s family were to file a wrongful death claim, they could receive compensation in the end. As many of our readers already know, this could be used to help pay for medical treatment as well as the unexpected burial costs this accident has caused the family to incur.

Source: The Los Angeles Daily News, “Police: 2-year-old dies after San Francisco statue falls on him,” Terry Collins, June 9, 2014

Dan Marino among those suing NFL over brain injuries

Back in November we discussed with our readers over the course of two separate posts the rising concern about brain injuries among athletes. Scientists and doctors are now starting to see a connection between multiple traumatic brain injuries and chronic traumatic encephalopathy, or CTE, which is a degenerative brain condition that can be fatal.

Most people know about CTE because of the class-action lawsuit that was filed against the NFL by 15 ex-football players. The former players claim that the NFL knew about the risks associated with suffering multiple brain injuries but neglected to inform its players. They also claim that, despite knowing the dangers, the league encouraged players to continue playing and using techniques that could lead to further injury.

Among those trying to hold the NFL accountable for its negligence is former Miami Dolphins quarterback Dan Marino. Although Marino does not appear to have been diagnosed with CTE, he claims that repeated hits to the head have caused him to suffer long-term effects he feels could have been mitigated if the league had taken better action during his 17-year career.

If the courts rule against the NFL, players included in the lawsuit could receive compensation for their injuries. As with any settlement awarded to a victim, these funds could be used to help cover any past medical expenses associated with treating these brain injuries. It may also be enough to cover continued medical monitoring of their conditions. The hope though is that a resolution is met soon and that the players involved in the lawsuit do not have to undergo lengthy litigation before seeing that justice is served.

Sources: The Insurance Journal, “Ex-Dolphin QB Marino One of Players Suing NFL Over Concussions,” Edvard Pettersson, June 3, 2014

The Miami Herald, “Miami Dolphins Hall of Fame quarterback Dan Marino sues NFL over head injuries,” Adam H. Beasley, June 6, 2014

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