Sacramento Personal Injury Lawyer Blog

In an effort to be better prepared for an actual bus crash emergency, Yolo County emergency personnel used staged crash.

Rumsey Rancheria firefighter Joseph Perez yelled, asking if anyone inside an overturned bus could hear him. As instructed, the 20 Esparto High School students played their roles as victims of a bus crash well. Some moaned, some whimpered for help, and a few who only had minor "injuries" walked out. Heather Lopez, 15, slumped over a cracked and "blood"-stained window, pretended to be lifeless. Mock injuries on the teenagers' faces, parts of their bodies and clothes made it look like they were bleeding.

Saturday's simulated exercise comes at the heels of a spate of high-profile bus crashes in the past year and bears many similarities to the one that killed 10 people near Williams in October.

The real-life deadly crash took place on a small farm road, with a chartered bus bound for Colusa Casino Resort carrying mostly Hmong-speaking elderly residents from the Sacramento area.

Saturday's mock exercise took place along rural Highway 16 in Yolo County, near Cache Creek Casino Resort.

During a briefing before the drill, Rumsey Rancheria Fire Chief Michael Chandler said many lessons were learned from the fatal crash.

"One of the problems was who are our patients and where do they go?" Chandler said.

A review of the deadly crash showed failure in a communication system led to troubled transits for helicopters carrying patients. One had to hover over UC Davis Medical Center in Sacramento, low on fuel, because the helipad was full. Meanwhile, the paramedic coordinating transport at the scene wasn't aware that Sutter Roseville and Mercy San Juan medical centers had helipads.

On Saturday, nurse Joaquin Franz said the agencies practiced using an electronic system that informs users of the load that each hospital can manage during a mass-casualty incident.

Continue reading " Yolo Emergency Workers Use Bus Crash Drill To Better Prepare " »

As it prepares to celebrate the 50th anniversary of hosting the Winter Olympics, a tight-knit Sierra Nevada ski community is mourning another loss in an unusual string of tragedies this season.

A skier's deadly collision with a tree Thursday at California's Squaw Valley USA resort is the latest in the series that involves two other skiers killed in avalanches and nine deaths in all.

Off the slopes, a shuttle bus crash killed a resort employee in April, and three young women hoping to get seasonal jobs died of carbon monoxide poisoning in December while sleeping in a car just outside the resort.

Extreme skier Shane McConkey of Squaw Valley died in March while jumping off a cliff with a parachute in Italy. And Dave Pedersen, the resort's race services director, died of cancer in February.

"To say this has been a year of tragedy is an understatement," said Savannah Cowley, a resort spokeswoman. "It has been tragedies that have really, really struck our community. This is unprecedented as far as the grief this mountain has gone through."

Pete Bansen, Squaw Valley's fire chief, said he can't recall as many different kinds of fatalities in his 30 years in the resort community.

The avalanches – one killing ski patrol member Andrew Entin, 41, in March, and the other killing Randall Davis, 21, of Tahoe City, in December – were especially rare for Squaw Valley, he said. They were the first inbounds avalanche fatalities at the resort since 1963.

Continue reading " Sierra Ski Resorts Deal With Multiple Deaths And Tragedies " »

V. ECONOMIC DAMAGES

Past Economic Damages:

Meridian Resource Company $ 21,454.67
Valley MRI & Family Imaging Center $ 1,306.80
Central Anesthesia Medical Group, Inc. $ 100.32
Northern California Cardiology Associates Med. Grp. $ 32.00
Mark Hambly, M.D. $ 658.26
Jeff Jones, M.D. $ 2,693.00
Randall Armstrong, MD $ 220.00
Roseville Memorial Hospital $ 1,079.27
EMPI $ 73.75
HealthCare Clinical Laboratories $ 406.00
Sutter General Hospital (deductible) $ 1,508.13
Ramnick Clair, M.D. (estimate) $ 1,200.00
Roseville Delta Emergency Physicians $ 354.92
St. Joseph’s Medical Center $ 6,461.25
Smallie Chiropractic $ 944.35
Roseville Physical Therapy $ 1,186.00
Richard Harty, P.T. $ 270.00
Prescriptions $ 1,595.57
Total Past Medical $ 41,544.29

Past Wage Loss $ 67,465.56
Future Wage Loss $ 674,655.60
Total Wage Loss $ 742,121.16

Richard Harty, P.T. $ 360.00
Roseville Physical Therapy $ 1,200.00
Surgery $ 125,000.00
Medication $ 41,760.00
Physical Therapy $ 50,112.00
Total Future Medical $ 218,432.00
TOTAL ECONOMIC DAMAGES $ 1,002,097.45
Copies of her bills are referenced herein.

Please note, Ms. Rich's wage loss and medical damages are increasing weekly.

VI. PUNITIVE DAMAGES

As discussed above, defendant, Paul Stevens, had already signed a document acknowledging the subject dog Franz was a vicious dog that had to be restrained. Despite this and with a conscious disregard for the safety of others, Paul Stevens permitted the dog to run free and attack Ms. Stevens.

We have sued Mr. Stevens for punitive damages. As you know, punitive damages, if awarded, must be paid personally by Mr. Stevens. It will not be paid by his insurance.

A failure by Allstate Insurance Company to settle this case will expose Mr. Stevens to financial ruin.

Continue reading " Female Sacramento Attorney Viciously Attacked By Dog, Part 7 of 7. " »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

Since the attack, Ms. Rich tried to return to work approximately one week post-incident and has tried to work intermittently since the incident, but has been unable to return to her full duties over the past 12 months because of her back and leg pain. She continues to receive significant medical care. Dr. Shortley stated the following about her past and future employment:

“Ms. Rich was working long hours prior to the dog attack March 17, 2006… Because of the persistence of her pain and neurologic loss in spite of reducing her workload it is probable that Ms. Rich will not be able to return to the work schedule he enjoyed before the dog attack. Therefore it is probable that he will not be able to work the number of hours and will have wage loss that will be ongoing into the future.”

Dr. Shortley’s report is referenced herein.

On average, Ms. Rich earned $6,437.40 per month before the attack at her home office law practice. After the dog attack she earned $5,450.27. Therefore, she had a $987.13 loss per month. Financial records are referenced herein.

By March 30, 2006, Ms. Rich earned $26,640.34 ($8,880.11 average per month) from her local office practice before the attack, and by May 2006 her year-to-date income was only $35,910.34. She only earned $9,270.00 in April and May, or $4,635.00 per month after the attack. Therefore, she has earned approximately $4,245.11, less per month from this portion of her practice. Those financial records are referenced herein.

Continue reading " Sacramento Dog Bite Victim Requires Surgery, Part 6 of 7. " »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

At the time Ms. Rich was examined by Dr. Shortley, it was Dr. Shortley’s opinion that surgery was “almost a medical certainty.” However, since that appointment Ms. Rich was examined by Praveen Mummaneni, M.D. with the Department of Neurological Surgery at UCSF. Dr. Mummaneni is recommending surgery. In his report it states:

“Assessment and Planning: The patient, who is a pleasant, 55-year-old right-handed woman presented to my office today at the UCSF Spine Center with complaints of postoperative low back pain radiating down her left leg. Her leg pain supersedes her back pain, and review of her postoperative lumbar MRI with and without contrast, as well as her lumbar CT with post-myelogram CT revealed a recurrent left L4-5 nucleus pulposus. Postoperatively the patient has failed conservative therapy in the form of formal physical therapy with injections. In accordance with the patient’s wishes, she wishes to undergo a reoperative left L4-5 diskectomy. I have gone over the indications, risks, benefits, and alternatives including death, and I have recommended that we obtain a new MRI with and without contrast prior to scheduling surgery. Once this is obtained, we will proceed with a reoperative left L4-5 microendoscopic diskectomy. In the interim, I have instructed her to notify me immediately should any problems arise beforehand that warrant my attention.

Dr. Mummaneni’s records are referenced herein.

Ms. Rich has a pre-surgery consult and MRIs at UCSF on March 11, 2007. Dr. Shortley in his previously quoted report estimates the cost of future surgery to be $125,000.00. Plaintiff will miss additional time from work.

Continue reading " Vicious Dog Attack Leaves Sacramento Woman Injured, Part 5 of 7. " »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

Comparing the two lumbar MRI reports we see the difference. Following the attack by the dog Franz in 2006 the MRI records:

“A small amount of extruded disc material into the axillary portion of the canal on the left at this level, impinging on the left L5 root at its origin.”
This finding was not present in the earlier MRI.

This finding was also confirmed by Dr. Hambly in his operative report dated April 12, 2006, Dr. Hambly stated:

“Kerrie Rich is a 55-year-old attorney with a large disc herniation on the left at L4-5…there is a large high intensity zone within the substance of the L5-S1 disc.”

IV. FUTURE MEDICAL

As stated previously, Ms. Rich is still treating with Roseville Physical Therapy and with Richard Harty, P.T. Richard Harty’s March physical therapy will cost $360.00. Roseville Physical Therapy costs approximately $120.00 per visit; she is scheduled for approximately five more weeks with at least two visits per week. Therefore, the cost will be at least $1,200.00.

On January 31, 2007, Ms. Rich was examined by orthopedic surgeon, Howard Shortley, M.D. In his report Dr. Shortley discussed in part Ms. Rich's condition and future medical:

“It is unlikely that Ms. Rich will improve in the future. Given her current age of 55 years, she is likely to grow worse over time. Because of this it is possible that she will require further back surgery.

Continue reading " Female Sacramento Dog Bite Victim Severely Injured, Part 4 of 7. " »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

Post-operatively, Ms. Rich has not done well. She has continued to have left foot drop, right and left foot pain, weakness, and numbness. She has taken numerous medications to control her pain level. She had a lumbar MRI on June 4, 2006. She had a lumbar myelogram and lumbar CT on June 19, 2006. The lumbar CT showed the following impression:

“Status post left laminectomy defect at L4-L5. Small area of protrusion of the disks at the L4-L5 level on the left which appears to compromise the left L5 nerve root. This may represent a disk fragment extending posterior and inferior at the L4-L5 level on the left.”

A copy of the CT and myelogram are referenced herein.

Ms. Rich has undergone a series of treatments both before and after her surgery. Jeff Jones, M.D., has performed the following procedures on Ms. Rich:

April 3, 2006 “Epidural steroid injection.”
May 3, 2006 “Epidural steroid injection.”
November 2006 “transforaminal epidural steroid injection at theL5 neuroforamen of the left…a selective nerve root block”
December 20, 2006 “pulsed radiofrequency lesioning of the dorsal root ganglion and the L5 nerve on the left.”
January 17, 2007 “L2 left sympathetic block.”
January 23, 2007 “L2 lumbar sympathetic block on the left.”

Dr. Jones’ records are referenced herein.

Plaintiff treated with Roseville Physical Therapy. She was treated for over 50 visits with a reduced charge in 2006. As of 2007, Ms. Rich has been charged full price for her treatment. She is continuing treatment two to three times per week. Those records are referenced herein.

Continue reading " Vicious Dog Attacks Woman In Sacramento, Part 3 of 7. " »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

In addition, on the same day that Ms. Rich was attacked by Franz, the dog was found to be loose and the dog charged animal control as well. The Animal Control Report by J. Crickenberger stated in part:

“Observed female black lab with purple collar. No ID. Loose at C/A. Dog ran to front porch area. I attempted to contact at door, no response. Female black lab with purple collar showed A-Type behavior by charging at me. I had to use snare to capture dog safely.”

Despite defendant’s acknowledgement and awareness of his dog’s vicious nature, and history of charging and attacking people, Paul Stevens failed to confine his dog. He allowed his dog to run free and attack Ms. Rich.

A copy of the Vicious Dog Notification and Animal Control Reports are referenced herein.

IV. INJURIES
Immediately after the incident, Ms. Rich had severe low back pain. She took Motrin and Flexeril for the pain hoping she would get better. When she grew worse with left side radiating pain she went to the emergency room where she was given pain medication, referred to follow up with orthopedics, including an MRI. Records are referenced herein.

Continue reading " Dog Attacks Sacramento Attorney, Part 2 of 7. " »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

Plaintiff, KERRIE RICH, hereby submits the following Mediation Brief:

I. BACKGROUND

At the time of the dog attack, attorney Kerrie Rich was 45-years-old. She was in good health, and was an attorney of 20 years working at various locations. She was married and resided with her husband, Robert, in Sacramento, California. She was an athlete who ran, trained for triathalons, and worked out daily.

II. THE INCIDENT

On March 17, 2006, plaintiff was out for her daily walk next to her home in a cul de sac,
when “Franz,” a dog belonging to defendant, Paul Stevens, came running, growling with teeth showing at Ms. Rich. The dog aggressively charged Ms. Rich and tried to bite her arms and legs. In the attack, Ms. Rich was knocked to the ground, landing on her back and buttocks.

Ms. Rich reviewed the pictures of the defendant's dog, Franz, and provided to plaintiff by defendant. Ms. Rich confirmed that this was the dog that attacked her. In plainitff's fax she states:

“This is the dog that attacked me.”

III. LIABILITY

This is a case of clear liability. The dog Franz has a history of violent behavior. On April 22, 2004, Paul Stevens signed a Vicious Dog Notification pursuant to Sacramento Municipal Code 7-125 (herein after referred to as “SMC 7-125”) and was cited for violation of SMC 7-124 (Dogs running at large – Unlawful). Defendant was advised that this dog must be chained and kept confined at all times. The animal control report by F. Dobales dated April 22, 2004, stated in part:

Continue reading " Sacramento Woman Bitten By Dog, Part 1 of 7. " »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

I. INTRODUCTION
On May 1, 2006, at 9:15 p.m., a 22-year-old woman suffered serious brain damage. A car driven by the male defendant ran a red light and struck the vehicle carrying plaintiff and two passengers. The defendant admitted to the police officers that he ran the red light. He was a drunk driver.

While she has in some respects recovered, plaintiff remains impaired by her brain damage. This is discussed below in Section V.

II. BACKGROUND
At the time of the collision, plaintiff was employed by Ross Stores as a clerk. She was in excellent physical health. She had some challenges in school and at home, growing up without a mother in a dysfunctional home. She was diagnosed at one time at age four or five as having childhood seizures and emotional problems, but by the time plainitiff reached 22-years-old she had overcome those obstacles. She had a job and was doing well.

III. THE DRUNK DRIVER CAUSES A COLLISION

Plainitff was the back seat passenger in a 2002 chevy Malibu owned and driven by her friend, Denise. In the right front seat was passenger Sandy. Both Denise and Sandy were also injured in the crash and are each represented by other counsel. Denise was traveling southbound on Sunrise Blvd.. As she approached the intersection of Greenback, she stopped for a red light. The light turned green. Denise then started through the intersection.
Driving westbound on Greenback in a 1999 BMW 328 owned by his father, was defendant. He had a red light.

Continue reading " Sacramento Woman Hit By Drunk Driver Suffers Traumatic Brain Injury, Part 1 of 10 " »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

The collision was investigated by Officer A. E. Jones of the California Highway Patrol. In his report Jones states the following:

“P-1 [Chris] stated he was driving V-1 westbound on Greenback approaching Sunrise Blvd., in the #1 or #2 lane at 50 mph. He stated, ‘I ran the Sunrise light.’”

The investigating officer noticed a strong smell of alcohol on the defendant. He noticed that his speech was slow and slurred and that his eyes were red and watery. When asked if he had consumed any alcohol that evening, the defendant stated to the officer that he had drank between one-half to one bottle of white Zinfandel strawberry wine and had 2 – 3 shots of Bacardi 151 proof. The officer found on the right front floorboard of defendant’s car three empty bottles of Arbor Mist Strawberry wine and one bottle of Bacardi 151 proof that was one-quarter full.

The investigating officer arrested the defendant for violating 23152(a) CVC, driving under the influence of an alcoholic beverage. He recommended the District Attorney charge defendant with the following offences:

1. 23153(a) CVC: Driving under the influence of an alcoholic beverage causing injury. [FELONY]
2. 23153(b) CVC: Driving under the influence of an alcoholic beverage, BAC .80% or more, causing injury. [FELONY]
3. 23140(a) CVC: Under 21 years of age driving with a BAC of .05% or more.

Continue reading " Sacramento Woman Struck By Driver Under Influence Suffers Traumatic Brain Injury, Part 2 of 10 " »

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)

IV. PLAINTIFF'’S ACUTE TRAUMATIC BRAIN INJURY

Plainitff was unconscious when fire rescue arrived on scene. She had a Glasgow Coma Scale (GCS) of only 3. Her jaw was clenched. Plainitff remembers riding in the car. She remembers the light was green. She does not remember any further information until approximately one week later when she woke up in the hospital.

When she arrived at Mercy San Juan Hospital, she had a GCS of 7. She was intubated and medically sedated. Plaintiff was admitted to ICU where she remained intubated and on mechanical ventilation for three days.

On May 6, 2006, he was noted to have a GCS of 8. He had waxing and waning mental status. A CT showed he had suffered hemorrhages of the brain. An EEG on May 7, 2006, indicated encephalopathy (brain damage).

On May 3, 2006, plaintiff's GCS was 14, near normal. She was noted to have right and left lower extremity weakness. She was also noted to have “impaired short-term memory.” Her behavior was impulsive and her speech was impaired.

Continue reading " Woman In Sacramento Suffers Brain Damage When Hit By Drunk Driver, Part 3 of 10 " »