Wrongful Death Cases

San Francisco Tow Truck Accident - $7,100,000
$7.1 million settlement after jury selection, for the surviving parents of three children ages 11, 17, and 20 who were killed while going southbound on State Route 280 in San Francisco when they were struck by a northbound tow truck. The tow truck which was going northbound on Alemany swerved to avoid another northbound vehicle sending it out of control to its left. At this location, there is a three level roadway with northbound Alemany being the highest and northbound 280 the lowest. On northbound Alemany Boulevard the roadway had a curb three feet from a guardrail in which someone planted Cotoneasters, a thickly rooted plant. The tow truck was lifted upward from the curb onto the top of the thickly rooted plant and over the guardrail, down 30 feet to northbound 280 where it rolled over three lanes of travel and fell 20 feet onto Southbound 280 landing on top of and crushing the Tran vehicle. The family sued the tow truck driver, the swerving vehicle, the City and the State. The State and the City each denied responsibility for the planting of the Cotoneasters. Both entities maintained the area. Our investigation revealed that the six inch curb and the Cotoneasters served as a ramp for the tow truck to go over the guardrail onto the highway below. Further investigation found historical studies that showed that the public entities were aware of the vaulting potential of the curb and the plants. All parties contributed to the settlement with the majority coming from the public entities. As part of the settlement, the State placed a Jersey type concrete barrier and removed the Cotoneasters.

San Luis Obispo Wrongful Death. $2,300,000 Verdict
Our San Francisco negligent death lawyers recovered a $2.3 million verdict in San Luis Obispo County for the wrongful death of Juvencio Garcia, a Mexican national, brought by his two children against Santa Maria Tire for the negligent installation of two new tires. This solo vehicle accident occurred in a heavy rainstorm on December 14, 2002 when the Garcia vehicle hydroplaned, went off the road to its right, overturned onto its roof, and landed on the A pillar above the driver, causing Mr. Garcia's death. Mr. Garcia's wife, sister in law, and children, who were present in the car sustained no serious injuries. Actions were brought for failure to have a guardrail at the site and inadequate drainage of the roadway against the State of California the contractor who was working on the roadway at the time, and the auto manufacturer for defective roof design. Those defendants settled prior to trial. Our investigation showed that the standard in the tire industry when replacing two tires only is to place the two best tread tires in the rear to avoid hydroplaning. At trial, we utilized video from Michelin and tire experts to demonstrate this. (insert video) Santa Maria Tire contended that the settling defendants and Mr. Garcia were responsible for this accident. No fault was ultimately found on the part of Mr. Garcia.

Eureka, California SUV Rollover
Confidential settlement for wife and adult children of Tony DelGrande, an over 30 year high school teacher in the Eureka school system who was killed when his SUV drifted off southbound 101 onto the shoulder. When he turned to the left back onto the road, the SUV rolled over several times resulting in his death and his wife's serious fractures. At the time, Mr. DelGrande was wearing a seat belt extender that was installed by the dealer which failed to provide adequate restraint. Judy DelGrande, the surviving widow, was a medical office manager prior to her injuries. She had fractures of her tibia, fibula, arm, and faces future knee replacement surgery.

Some of our wrongful death cases include:

Evans v. San Francisco Housing Authority, San Francisco Superior Court, $15 million verdict for wrongful death of 44-year-old woman and 4 children ages 6, 4, 3, and 7 months, in a fire due to inadequate maintenance in public housing unit in San Francisco.

Malloy v. Ford Motor Co. (Mendocino County) $3.9 million settlement for family of man killed due to a defective door latch and defective seatbelts in a rollover.

Parents v. Camp Facility (Marin County) $3.7 million for parents of 6-year-old girl who drowned due to negligence of camp staff.

In re Alaska Airlines Flight 261 (San Francisco) The elderly parents of an adult daughter who was killed when a defective bolt failed on a commercial flight, causing it to crash, received a $3,000,000 settlement.

Bauer v. State of California (Solano County) Settlement of $1,825,000 due to injury due to a gravel median on Highway 780.

Tang v. Co. $1.4 million for wrongful death of 34-year old pharmacist who was killed while operating a defective backhoe in his yard.

Khouja v. Showplace, policy limits settlement of $1,030,000 for wrongful death of infant due to defective brakes.

Walker v. Intermac (San Francisco County) Settlement of $1,000,000 for death of autistic 21-year-old son trapped by furniture making machinery.

Sherman v. Avco Lycoming, United States District Court, San Jose, $1 million verdict for husband and adult children of 64-year-old woman killed in a small plane crash due to defective engine crankcase.

Dubroff v. Reid, San Mateo Superior Court, settlement for wrongful death of Jessica Dubroff, age 7, who was killed while attempting to become youngest person to pilot an aircraft across the United States (see also companion case below, Dubroff v. Reid, regarding insurance proceeds).