Chain | Cohn | Stiles files lawsuit on behalf of family of jogger killed by driver who allegedly fell asleep

August 19, 2014 | 9:45 am


The Bakersfield personal injury law firm Chain | Cohn | Stiles has announced it has filed a lawsuit on behalf of the family of Jesse Rios. You can see the news release and media coverage below.

Rios was struck and killed by a truck driver while on a morning jog. The driver allegedly fell asleep at the wheel and jumped the curb where Rios was jogging. The crash investigation is ongoing.

To view media coverage of this case, click on the articles and news stories below the news release.

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Aug. 19, 2014 – NEWS RELEASE – FOR IMMEDIATE RELEASE 

Bakersfield, Calif. (Aug. 19, 2014) – By all accounts, 26-year-old Jesse Rios was a loving brother, father and son who worked two full-time jobs to take care of his family.

The East High School graduate especially loved his 4-year-old daughter Isabella, and wanted to make sure she could get all medical treatment available for her epilepsy. Jesus and his wife Clarissa would make frequent trips to Children’s Hospital Central California in Madera.

On Tuesday, July 29, while taking a morning jog, Jesse Rios was struck and killed by a truck that ran onto the sidewalk at Westholme Boulevard and Wilson Road near the Rios’ home. The driver, Eliseo Soto, 29, was behind the wheel when he allegedly fell asleep. According to media reports, he had finished a 12-hour shift at West Coast Casing Company.

“I’m heartbroken,” Clarissa Rios said. “Jesse was not just my husband. He was my best friend, my partner, my everything. There is not a minute that goes by every day where I don’t think about him. When my daughter says she misses her daddy and asks when he’ll be home, it takes everything from within me to hold back my tears. I know that going forward we have to stand together and be strong for Jesse, and my hope is that by filing this lawsuit, we will obtain justice for him.”

The Bakersfield personal injury law firm, Chain | Cohn | Stiles, has filed a wrongful death lawsuit against West Coast Casing Company on behalf of Jesse’s wife, his daughter and his mother for the loss of love, affection, society, service, comfort, support, right of support, expectations of future support and counseling, companionship, solace and mental support, as well as other benefits and assistance of Jesse Rios.

Matthew C. Clark, lead attorney for the family, added: “The death of Jesse Rios is a tragedy in every sense of the word. He was a devoted husband to his wife, a loving father to his daughter, and a loyal son to his mother. We know that filing this lawsuit will not bring Jesse back, but our hope is that it will hold wrongdoers accountable, bring a sense of closure to his family, and help compensate them for the unthinkable loss they have all suffered.”

The Rios family has requested privacy during this time. Bakersfield Police Department is continuing its investigation of the crash.

430 Truxtun Avenue, Suite 100 – Bakersfield, CA – 93301 – Phone: 661-323-4000

CHAIN | COHN | STILES is Kern County’s leading plaintiffs’ personal injury law firm, voted Bakersfield’s “Best Law Firm” in The Bakersfield Californian’s Readers Choice Poll the last two years in a row. Our Bakersfield personal injury attorneys have represented clients from throughout the San Joaquin Valley and California for 80 years. We concentrate our efforts on protecting the rights of individuals who have been seriously injured due to the negligent, reckless or intentional conduct of another. If you have been injured due to the fault of another, you have the right to hold that person or entity accountable, no matter how rich or powerful that person or entity may be. At Chain | Cohn | Stiles, we pride ourselves on having the reputation and resources necessary to overcome the most difficult challenges while achieving the best possible results for our clients. For more information, go to chainlaw.com.

Find us on Facebook, Twitter (@chainlaw), Instagram, LinkedIn, Yelp, Pintrest and Google+

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MEDIA COVERAGE

Jogger hit, killed near Castle Elementary School (KERO-23 ABC)

Pedestrian hit by truck on Wilson Road (Eyewitness News, KBAK-KBFX 29-58)

Police: Driver likely fell asleep before hitting, killing jogger (Eyewitness News, KBAK-KBFX 29-58)

Family mourns man killed while on morning run (Eyewitness News, KBAK-KBFX 29-58)

Local runners put on event for Jesus Rios’ family (Eyewitness News, KBAK-KBFX 29-58)

Police: Driver who hit runner, fell asleep at the wheel (KGET-17, NBC)

Family remembers pedestrian killed (KGET-17, NBC)

Local runners honor man hit, killed in southwest Bakersfield (KGET-17, NBC)

Pedestrian hit by truck on Wilson Road (The Bakersfield Californian)

Truck runs onto sidewalk, kills pedestrian (The Bakersfield Californian)

‘First Look’: First News for July 30 (The Bakersfield Californian)

Family of jogger hit and killed sues driver’s company (The Bakersfield Californian) (Newspaper link HERE)

Family of jogger killed in crash files lawsuit (Eyewitness News, KBAK-KBFX 29-58)

Chain | Cohn | Stiles represents victims in explosive accident garnering media attention

August 6, 2014 | 12:00 pm


UPDATE: Arrests have been made in this case. See the news stories below for more information. 

Russell Lester and Bryan Walls were attending a party on Fourth of July in west Bakersfield, celebrating our nation’s independence and wedding reception. By the end of the night, they were in local hospitals.

The two arrived at the party where party-goers were allegedly setting off illegal fireworks and explosives. Lester and Walls were asked to hold the balloons while they were filled with acetylene gas, which is very unstable, highly flammable gas. The balloons were being taped to a pole when they exploded. It’s possible static electricity ignited them.

Four people were severely injured in the blast, including Lester and Walls. The two suffered burns to their face, chest and arms. Lester lost all the hearing in his right ear and partial hearing in his left ear, and lost peripheral vision in his left eye. Walls suffered hearing loss, too, and Lester’s burns were so severe that he was taken to a Fresno burn center. Others were taken to San Joaquin Community Hospital‘s Grossman Burn Center.

Bakersfield personal injury attorney David Cohn, with the law firm Chain | Cohn | Stiles, is representing Lester and Walls, who continue to receive medical treatment.

The incident has been covered by local media in recent days. The case was publicly revealed by KERO Channel-23 News on Aug. 4, a month after the actual accident.

Jim Trino, who allegedly was igniting the bombs, told KERO he was celebrating his wedding reception that night. He told KERO that he had been setting off legal and illegal fireworks for more than 30 years, including the acetylene bomb which he pumped the gas into balloons, hung on a metal pole in the middle of a field, and ignited.

The Kern County Sheriff’s Office and the Kern County Fire Arson unit are now investigating.

The Bakersfield Californian also covered the case, including an article by Californian columnist Lois Henry, who argues that local safety agencies failed to inform the public properly about the incident. She calls it “a communications and training failure, something that can only be fixed from the top down.”

To catch up on the news coverage, click the links below:

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The personal injury lawyers at Chain | Cohn | Stiles are major proponents of fireworks safety and providing burn victims with world-class care. Go HERE for tips on celebrating the Fourth of July safely. And read about our $200,000 donation to the Grossman Burn Center at San Joaquin Community Hospital HERE.

If you’ve been burned in an accident, contact Chain | Cohn | Stiles immediately.

CCS represents victim in DUI hit-and-run crash involving Kern County worker

July 15, 2014 | 9:33 am


The Bakersfield personal injury attorneys at Chain | Cohn | Stiles are representing the victim of a car accident involving a Kern County worker who was arrested on suspicion of driving under the influence, and fled the scene after the collision.

CCS lawyer Matt Clark is the lead attorney on the case, which has been followed closely by local media. He spoke with KERO-23 (ABC) about the case, and also The Bakersfield Californian. See the news segment here, and read the article here.

Local law enforcement authorities say Erik Webb, a worker with the county of Kern, rear-ended another vehicle while in a county-issued truck on July 1, at the 4100 block of Union Avenue near Columbus Street. After the crash, Webb gathered his belongings from the truck and fled the scene, according to police reports.

He was later caught and arrested by law enforcement. Webb remained in Kern County jail until he sobered up, and was then cited and released. Webb was charged with a DUI and hit-and-run resulting in property damage, records from the Kern County Superior Court show.

Representatives from the county of Kern told local media that Webb went into work the day after the crash and told his supervisor what happened, and he was sent home. Webb was also suspended with pay. Webb was placed on administrative leave, and he was not assigned another vehicle.

Photos obtained by Eyewitness News show a crushed Ford F-150 badly damaged in a Kern County yard.

Clark on Monday spoke with KERO-23 news about the case on Monday, speaking on behalf of the injured victim. Police reports show that Webb also told authorities he had been “messing” with his phone prior to the crash. It’s important, Clark said, that drivers not use their phones while driving, and to drive sober — especially if driving a county-issued vehicle.

KERO also reported that Webb had resigned from his position at the county of Kern.

See media reports about the case here:

If you’re involved in a car accident, first, stay calm. If you are injured, and if it is safe to do so, remain inside your vehicle until emergency personnel respond to the scene. Once out of your vehicle, make certain to obtain the other parties personal and insurance information. Often times, the police or California Highway Patrol will do this for you. Also, if there are any witnesses to the accident, be sure to obtain contact information (including name and phone number) for each witness. Later, witnesses can be important to your case. Most importantly, do not speak with an insurance adjuster until you contact Chain | Cohn | Stiles first. Law firm representatives are available by phone and email 24 hours a day, 7 days a week. If you speak with an insurance adjuster first, oftentimes they will obtain a recorded statement from you, which could be used against you later. It is always best to speak with a lawyer who will protect your rights first.

For more tips and information on car accidents and the lawyers at Chain | Cohn | Stiles — including frequently asked questions and answers — visit our specialized car accident website HERE.

Radio show: CCS managing partner speaks on Silva wrongful death case

June 23, 2014 | 9:21 am


Discover Politics Progressive Internet Radio with AndreaMiller0 on BlogTalkRadio

CCS Managing Partner David Cohn on Saturday was a special guest on a national radio show to discuss the ongoing wrongful death case involving David Silva.

To listen to the hour-long interview, which also features the brother of David Silva — Chris Silva — press play on the player above, or CLICK HERE.

The two were the guests of Jacque DelRio, who hosts the radio show, Chicano Chronicles. The program is featured by the Progressive Democrats of America, a political organization that works inside the Democratic Party and outside in movements for peace and justice.

The focus of Saturday’s program was an ongoing wrongful death case involving David Silva, brought by Bakersfield personal injury law firm. Here’s a synopsis on that case:

On the night of May 7, 2013, David S. Silva was asleep in front of a home in east Bakersfield, across from Kern Medical Center. Several law enforcement officers arrived on scene and proceeded to use unreasonable and excessive force in striking Silva with batons several times all over his body, while he screamed for his life and repeatedly begged the officers to stop. After being repeatedly beaten, bitten and hog-tied, Silva stopped breathing.

Shortly after midnight, Silva was taken to Kern Medical Center, where he was pronounced dead.

On the one-year anniversary of the event, veteran personal injury attorney David Cohn — who is representing the family of David Silva — released the following statement:

“Today marks the one-year anniversary of the tragic and unfortunate death of David Silva at the hands of local law enforcement from the Kern County Sheriff’s Office and the California Highway Patrol. Although disappointed, we were not surprised by District Attorney Lisa Green’s decision several weeks ago to not pursue criminal charges against these officers. That being said, we remain committed to obtaining justice on behalf of David and his entire family, especially his four children, who will be without a father for the rest of their lives. The road to obtaining justice will be a difficult one; however, we are confident that in the end, the truth will prevail and justice will be done. This case is certainly about David Silva and about what happened to him, but it is also about much more than that. It is about changing the culture of local law enforcement in this community, and holding law enforcement officers who use unreasonable and excessive force accountable for their actions.”

Chain | Cohn | Stiles filed a civil rights lawsuit in connection with the wrongful death of David Silva. The lawsuit arises out of an incident at the intersection of Flower Street and Palm Street in Bakersfield, when David Silva died as a result of unreasonable and excessive force used by six Sheriff’s deputies, a sergeant, and two California Highway Patrol officers. The complaint seeks damages on behalf of David’s four young children, his significant other, his parents and his brother, for the loss of love, affection, society, service, comfort, support, right of support, expectations of future support and counseling, companionship, solace and mental support, as well as other benefits and assistance of Silva.

Since Silva’s death, family members and other supporters have been rallying for justice. Among the most outspoken is David Silva’s brother, Chris, who was also a guest on the radio show.

Progressive Democrats of America was founded in 2004 “to transform the Democratic Party and our country.” The group seeks to build a party and a government controlled by citizens, not corporate elites, with policies that serve the broad public interest, not just private interests.

Chain | Cohn | Stiles marks one-year anniversary of David Silva wrongful death

May 8, 2014 | 10:50 am


Chain | Cohn | Stiles on Thursday morning released a statement to local media marking the one-year anniversary of the wrongful death of David Silva. The Bakersfield personal injury law firm is representing the family of Silva. For news coverage of the anniversary of Silva’s death, follow CCS on social media or return to this blog.

UPDATE: Several media outlets covered the one-year anniversary and protests. See them below.

The news release is as follows:

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May 8, 2014

NEWS RELEASE

FOR IMMEDIATE RELEASE

Family, attorney mark one-year anniversary of wrongful death of David Silva

Bakersfield, Calif. (May 8, 2014) – On the night of May 7, 2013, David S. Silva was asleep in front of a home in east Bakersfield, across from Kern Medical Center. Several law enforcement officers arrived on scene and proceeded to use unreasonable and excessive force in striking Silva with batons several times all over his body, while he screamed for his life and repeatedly begged the officers to stop. After being repeatedly beaten, bitten and hog-tied, Silva stopped breathing.

Shortly after midnight, Silva was taken to Kern Medical Center, where he was pronounced dead.

“Today marks the one-year anniversary of the tragic and unfortunate death of David Silva at the hands of local law enforcement from the Kern County Sheriff’s Office and the California Highway Patrol,” said David K. Cohn, managing partner with Chain | Cohn | Stiles, who is representing the Silva family. “Although disappointed, we were not surprised by District Attorney Lisa Green’s decision several weeks ago to not pursue criminal charges against these officers. That being said, we remain committed to obtaining justice on behalf of David and his entire family, especially his four children, who will be without a father for the rest of their lives.”

He continued: “The road to obtaining justice will be a difficult one; however, we are confident that in the end, the truth will prevail and justice will be done. This case is certainly about David Silva and about what happened to him, but it is also about much more than that. It is about changing the culture of local law enforcement in this community, and holding law enforcement officers who use unreasonable and excessive force accountable for their actions.”

Attorneys at Chain | Cohn | Stiles will be in attendance and support the family of David Silva as they hold a rally at 4 p.m. today at the Liberty Bell outside of Kern County Superior Court, on the corner of Truxtun and Chester avenues.

Chain | Cohn | Stiles has filed a civil rights lawsuit in connection with the wrongful death of David Silva. The lawsuit arises out of an incident at the intersection of Flower Street and Palm Street in Bakersfield, when David Silva died as a result of unreasonable and excessive force used by six Sheriff’s deputies, a sergeant, and two California Highway Patrol officers. The complaint seeks damages on behalf of David’s four young children, his significant other, his parents and his brother, for the loss of love, affection, society, service, comfort, support, right of support, expectations of future support and counseling, companionship, solace and mental support, as well as other benefits and assistance of Silva.

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1430 Truxtun Avenue, Suite 100 – Bakersfield, CA – 93301 – Phone: 661-323-4000

CHAIN | COHN | STILES is Kern County’s leading plaintiffs’ personal injury law firm. Our Bakersfield personal injury attorneys have represented clients from throughout the San Joaquin Valley and California for 80 years. We concentrate our efforts on protecting the rights of individuals who have been seriously injured due to the negligent, reckless or intentional conduct of another. If you have been injured due to the fault of another, you have the right to hold that person or entity accountable, no matter how rich or powerful that person or entity may be. At Chain | Cohn | Stiles, we pride ourselves on having the reputation and resources necessary to overcome the most difficult challenges while achieving the best possible results for our clients. For more information, go to chainlaw.com.

Find us on Facebook, Twitter (@chainlaw), Instagram, LinkedIn, Yelp and Google+

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NEWS COVERAGE

KERO-23 (ABC): Silva family attorneys release statement on anniversary of David Silva’s death

KERO-23 (ABC): One year since David Silva died after confrontation with deputies

KERO-23 (ABC): Family marks one year anniversary of David Silva’s death with courthouse rally

New America Media/South Kern Sol: On Anniversary of David Silva Slaying, Protesters Demand Justice

KBAK/KBFX (Fox): Family says justice hasn’t been served for in-custody death

 

How to handle complex oilfield accident cases

May 2, 2014 | 10:06 am


On Feb. 15, 2010, an oilfield explosion in Kern County resulted in the injuries to several local men, one of whom was represented by Chain | Cohn | Stiles. The client suffered a multitude of injuries, including an ankle fracture, and was hospitalized for 16 days at Kern Medical Center. 

The explosion occurred where a work-over rig was preparing to install a blowout preventer on the well-head.  At the time of the incident, the crew were in the process of testing the lockscrews that secured a tubing hanger into the well-head.  This needed to be done prior to the installation of the blowout preventer. 

Moments before the explosion, the crew handed over one of the lockscrews that secured the tubing hanger. The lockscrew appeared to be faulty. The engineer on scene was holding the lock screw at the time of the explosion, while knowing that the well was under pressure. The injured plaintiffs contended that the engineer either knew, or should have known, that the well-head presented a danger to all personnel on scene, once the lock screw was removed.  The engineer was in the process of showing the lockscrew to an employee of the firm that designed the well-head, in the moments preceding the explosion.  That employee also should have known about the danger, and should have exercised his stop work authority, and thus avoided the explosion.

Eventually, our oilfield accident attorneys settled the case against both the engineer and the company that manufactured the well-head for a confidential amount.

As you can see, oilfield accident cases involve a variety of complex legal issues that are often difficult to understand for clients. Our lawyers have extensive experience handling oilfield accident cases across the state of California. In fact, no other law firm in the state of California has more experience handling oilfield accident cases than our law firm. We have obtained more multi-million dollar results on behalf of oilfield accident victims than any other law firm in the state of California.

To better accommodate the needs of those who have been injured in an oilfield accident, our California oilfield accident attorneys have compiled a list of the most frequently asked questions for oilfield accident cases. If after reviewing the information here you still have questions, please feel free to call the firm at 661-323-4000.

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I was injured in the oilfields. Do I have a workers’ compensation* case?
In nearly every oilfield injury case, the injured worker has a workers’ compensation* claim.  In California, if you are injured on the job, while you are on the clock, you have a workers’ compensation* claim, and you are entitled to workers’ compensation* benefits.  Workers’ compensation* will cover your medical expenses, temporary disability, and in many cases, compensation for permanent disability.  Chain | Cohn | Stiles has a workers’ compensation* practice to assist you in obtaining these benefits.

If I am injured on the job in the oilfields, do I have a personal injury case against someone other than my employer? 
In many cases, the answer is yes. Often times, injuries occur in the oilfields due to the negligence of someone other than your employer.  In other words, if you were injured in an oilfield because of the actions of another contractor on the job, someone other than your employer, you may have an independent personal injury case against that contractor.  We call this a “third party case.”  In making a third party personal injury claim against a contractor other than your employer, you can claim more in damages than you may recover in your workers’ compensation* case.  For example, unlike workers’ compensation, your third party case against a contractor other than your employer may result in you recovering damages for pain and suffering, as well as all of your economic losses, such as loss of earnings and loss of future earning capacity.  If you have been injured in the oilfields, and you think someone other than your employer was at fault, please call Chain | Cohn | Stiles so we may evaluate your case.

I live outside Kern County.  Will you take my case?
Yes.  Chain | Cohn | Stiles regularly takes cases outside of Kern County, California.  Given our expertise in handling oilfield cases, we are often contacted by injured rig hands, contractors, roustabouts, welders and tool pushers throughout California.  In addition, we regularly employ experts from all over the State of California and the United States.  If you have been injured in the oilfields anywhere in California, contact Chain | Cohn | Stiles and tell us about your case.

Do you take offshore oil rig cases?
Yes.  Chain | Cohn | Stiles can help you if you have been injured on an offshore drilling platform.

If I get hurt on a drilling, workover, or oil well service rig do I have a case against someone other than my employer?
In many cases, the answer is yes.  Rarely is work in the oilfields performed by only one contractor.  For example, there are often third party contractors working in conjunction with the drilling rig crew on a drilling operation, or production rig crew on a maintenance or workover operation.  If you are injured in part because of an action or failure by one of these third party contractors, you may have a case against someone other than your employer.  In our experience, it is more likely that an injury in the oilfields involves, at least in part, the negligence of a third party contractor, other than your employer.  These cases can be quite complicated.  In light of this, please give us a call so we can discuss the facts of your case.

How many oilfield injury cases has your firm handled?
Chain | Cohn | Stiles has been serving oilfield workers in Bakersfield, Kern County, and California for the last 80 years.  During this time our lawyers have handled hundreds of oilfield injury cases.  Remember, your oilfield injury case may involve both workers’ compensation* and a third party (someone other than your employer) claim.  Chain | Cohn | Stiles has attorneys that can handle both the workers’ compensation* and third party claim, and our attorneys will work together to make certain that your rights are fully protected.

Does your firm hire experts for my case?
Yes.  As part of almost every oilfield injury case, experts are an integral piece of the case.  Chain | Cohn | Stiles regularly employs experts from throughout the United States.  These experts, be it metallurgists, steam engineers, drilling and production engineers, and pipeline engineers, are all recognized as leading authorities in their fields.  We understand that retaining the right experts is often a key to our clients’ success.  In almost every instance, it is important to retain experts, and conduct inspections, as soon as possible.  With this in mind, please contact as to discuss your case as soon as practically possible after you have been injured.

If you take my oilfield injury case, does it cost me anything upfront?
No.  At Chain | Cohn | Stiles we handle your case on a contingent fee basis.  This means you pay us nothing out of your pocket.  We only get paid if we are able to resolve your case.

I was injured in the oilfields.  Can I get help with my medical expenses?
Often times, oilfield injuries will result in a workers’ compensation* claim.  In these circumstances, we can help you obtain benefits to cover your medical expenses and temporary disability benefits.  In addition, should your case result in a claim against a contractor other than your employer, you may be entitled to greater compensation, including pain and suffering.

If I am hurt in the oilfields do I have a case against the lease owner?
At times, oilfield injury cases can be filed against the lease owner.  In other words, if you were injured in the oilfields, and the lease owner did something to contribute to your injury, you may have the basis for a lawsuit against the lease owner.  This is an area of law that is constantly evolving in California.  Recent decisions like Seabright v. U.S. Airways, Inc., (2011) 52 Cal.4th 590, and Hooker v. Department of Transportation, (2002) 27 Cal.4th 198, have changed the way an injured oilfield worker can seek damages against the lease owner.  Chain | Cohn | Stiles has closely followed the changes in the law.  We have seen many successes over the years in seeking damages from lease owners, including recent successes.  If you have a potential claim against a lease owner, please contact us.

If I am injured on the job by someone other than my employer, do I have a case?
Yes.  Under these circumstances you may have both a workers’ compensation* case, because you were injured on the job, and a case against the other party who caused your injury.  The case against the other party, someone other than your employer, is called a “third party personal injury” case.  If you have been injured by a third party, please contact us to discuss the facts of your case.  A third party case often times allows you to obtain more compensation than you can recover in your workers’ compensation* claim.

I exercised my stop work authority on a job because I saw someone doing something dangerous.  Now, my employer has retaliated against me and fired me.  Do I have a case?
You may have a case for wrongful termination.  In addition to our personal injury practice, Chain | Cohn | Stiles has attorneys who can help you with your wrongful termination case.  If you feel like you have been wrongfully terminated from your employment, please contact us to discuss your case.

* Update: Chain | Cohn | Stiles is no longer accepting wrongful termination and sexual harassment cases *

I have a relative who died as a result of an oilfield injury.  Do you handle wrongful death cases?
Yes.  If you or your family have suffered the loss of a loved one due to an oilfield injury, please contact us so we can discuss the case with you.  Chain | Cohn | Stiles has 80 years of experience handling wrongful death claims.

I want an attorney who understands oilfield work.  Do you have attorneys who can understand what I do?
Yes.  We understand that oilfield work is unique, requires significant training, and, in some instances, can be dangerous.  We have attorneys who have prior experience working in the oilfields.  Additionally, we have over a hundred years of combined experience working on oilfield cases.  Our attorneys understand that oilfield work has a language unto itself, with numerous terms that are specific to oilfield work.  We know how important it is to understand these terms, so we can effectively communicate with our clients.

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Since California has become one of the top oil-producing states in the United States over the past century, the oil industry serves as a major source for employment opportunities in California. Even though safety is a concern of the oil industry, serious oilfield accidents still occur. Because oilfield accident cases often involve complex legal and factual issues, it is important that you hire an oilfield accident attorney that has both a strong grasp of the industry as well as the knowledge and resources to stand toe-to-toe with large and powerful oil companies.

The oilfield accident lawyers at Chain | Cohn | Stiles are amongst the most experienced in California when it comes to representing victims of oilfield accidents. Over the years, the law firm has successfully represented countless victims of oilfield accidents resulting from negligent drilling and maintenance operations, explosions, blow-ins, OSHA violations and defective equipment. If you or someone you know has been injured in an oilfield accident, please contact an attorney at Chain | Cohn | Stiles immediately.

*Notice:  Making a false or fraudulent worker’s compensation claim is a felony subject to up to five (5) years in a prison or a fine of up to $150,000.00 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

Chain | Cohn | Stiles responds to Kern County District Attorney decision on Silva case

April 11, 2014 | 4:15 pm


Chain | Cohn | Stiles on Friday released the following news release after Kern County District Attorney Lisa Green announced that her office would not be seeking criminal charges against the law enforcement officers involved in the death of David Silva, represented by this firm:

Below the release are links to media coverage of the announcement, and the response from Chain | Cohn | Stiles.

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April 11, 2014                                                                                                       

NEWS RELEASE

FOR IMMEDIATE RELEASE

Attorney in David Silva case calls Kern County District Attorney’s Office decision a disappointment

The attorney for the family of David S. Silva on Friday called the decision by the Kern County District Attorney’s Office a disappointment, following its decision to not file charges against officers that beat and hogtied him before he died.

“This is the reason we need an independent advisory panel evaluating these types of cases,” said David K. Cohn, managing partner with Chain | Cohn | Stiles and attorney representing the Silva family. “Kern County District Attorney’s Office personnel work with these agencies every day, and they’re the ones in charge of prosecuting cases for them. Apparently, the way it works in Kern County is that unless they catch the officers red-handed, nothing will happen. It appears that they look for ways not to prosecute.”

Cohn continued: “Given that we do not have an independent panel in place to investigate, that’s the reason we filed a lawsuit in this case on behalf of the Silva family.  Through this lawsuit, we believe the truth will come out. We have the ability to question these officers under oath. We’ll be more thorough in this investigation than any investigation that the Kern County District Attorney’s Office has done thus far. We won’t just rely on the investigative reports prepared by the Sheriff’s office, which are self-serving, one-sided versions of the events leading up to David Silva’s tragic death.”

Chain | Cohn | Stiles has filed a civil rights lawsuit in connection with the wrongful death of David Silva in May 7, 2013. The lawsuit arises out of an incident at the intersection of Flower Street and Palm Street in Bakersfield, when David Silva died as a consequence of unreasonable and excessive force used by six Sheriff’s deputies, a sergeant, and two California Highway Patrol officers.

The complaint seeks damages on behalf of David’s four young children, his significant other, his parents and his brother, for the loss of love, affection, society, service, comfort, support, right of support, expectations of future support and counseling, companionship, solace and mental support, as well as other benefits and assistance of the decedent, David Silva.

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Meanwhile, local, state and national news media has been covering the announcement and response. Here are some of those articles and videos. 

 

The Bakersfield Californian: Prosecutors won’t file charges in David Silva’s death, Letters to the Editor

KERO-23, ABC: Attorney in David Silva case calls Kern County District Attorney’s Office decision a disappointment

KBFX-58, KBAK-29, FOX: Kern County prosecutor: No charges in Silva in-custody death 

KGET-17, NBC: District attorney: No charges to be filed in David Silva case

KGET-17, NBC: DA: No charges for deputies in deadly Silva confrontation

KERO-23, ABC: Kern County District Attorney will not file charges in the alleged beating death of David Silva

CBS-2, KCAL-9, Los Angeles: No Charges Filed Against Deputies In Bakersfield Arrest Death

San Francisco Chronicle: No charges filed in Kern County arrest death

Families of crime victims aim to ‘restore the balance of justice’

| 9:35 am


Some were killed by drunk drivers, and others at the hands of other human beings. But all of them are victims of crimes, and their families are fighting for justice.

About 400 people gathered this week outside of Kern County Superior Court to honor loved ones who had been killed, and in some cases pray for justice to be served. They waved signs and marched through downtown Bakersfield streets as part of the second annual Victims’ Rights March, and National Crime Victims’ Rights Week, which is held each year in April. This year’s theme is “Restoring the Balance of Justice.” They also celebrated the Victims of Crime Act, which recognizes the rights of victims.

Some of the participants are being represented by Chain | Cohn | Stiles, and others are partners of the firm who are striving for the same goal — justice.

Among them was the family was David Silva, who was beaten to death by several law enforcement officers. CCS has filed a wrongful death lawsuit on behalf of Silva’s family.

Another participant was Carla Pearson, program coordinator and victim advocate for Mothers Against Drunk Driving, Kern County. Since her stepson was killed by a repeat DUI offender in 2002, she has been campaigning for victim’s rights in and out of the courtroom, and to take DUI offenders off of the streets.

Pearson has partnered with our law firm, local law enforcement, Kern County District Attorney’s Office, and other community groups in the first-ever “Walk/Run Like MADD” 5K, to be held on Sept. 20 at Park at River Walk. The event aims to raise awareness in our own community, raise funds to stop drunken driving and underage drinking locally, and provide support to victims and survivors of drunk driving accidents.

Others at the march, too, had family members killed in auto accidents, including a mother of a 20-year-old who held a sign against texting and driving, The Bakersfield Californian reported. The mother believed texting was a factor in the crash that killed her daughter.

Another mother held a photo of her son, who died in a hit-and-run accident last year, The Californian reported.

“I think (the victims’ march) is important for us to support each other in this,” the mother told The Californian. “We have not forgotten our loved ones.”

National Crime Victims’ Rights Week ends this week, but at Chain | Cohn | Stiles, we believe it’s important to keep crime victims’ rights in mind always.

Chain | Cohn | Stiles helps family of boy severely burned from downed power line

April 8, 2014 | 3:28 pm


In June 2012, David N. was watering his yard in Ridgecrest when he heard a sizzle and a pop sound. A raven had landed on a power line, which then failed and caused the electrical wire to fall on a fence three houses away. As the fence caught fire, David ran to try to put it out, not knowing a power line was down in the area. 

While focused on fighting the fire, David didn’t notice that his son, 3 years old at the time, followed close behind. When he noticed his boy, David ran to move him away, but it was too late. The boy tripped over the electrical wire, which caused an electric jolt that burned both of his legs

The treatment that followed was long and painful for the boy, his mother Challice said. Chain | Cohn | Stiles, which represented the family, was there to support them, while they stayed at the Grossman Burn Center at San Joaquin Community Hospital and the courtroom.   

Chain | Cohn | Stiles senior partner Matthew C. Clark explained in easily understandable way to David and Challice, who had never been involved in the legal matters, how the legal process would work, Challice said. Clark gave them enough information to know what to expect and to make decisions, she said.

Plus, the family could focus on their son’s recovery without having to worry about their personal injury case, she said.

“We felt we could trust (Matt Clark) and the law firm,” Challice said. “It’s important to have a really good relationship with your lawyer. When we discussed the case, it was like chatting with a friend who was helping you through your life. Having that atmosphere really takes off a lot of stress.”

Recently, Clark and Chain | Cohn | Stiles helped settle the family’s lawsuit, which argued that a connector on the power line failed when the raven landed near it. The failure caused the wire to fall to the ground, putting residents there in danger.

Earlier this week, the family received our flier in the mail, which came with their AltaOne Federal Credit Union account statement. The boy, now 5, noticed Matthew Clark’s picture on the flier, and asked his mom if he could make it into a sticker.

“He’s now walking around with Mr. Clark’s photo on his chest,” Challice said. “He thinks he’s pretty cool now.”

She added: “Matt just treated us like family, and we appreciate that.”