Reward offered for information leading to the arrest in July 22 fatal hit-and-run crash

August 5, 2020 | 6:00 am


A reward is being offered for information that leads to the arrest of the suspect responsible for the July 22 hit-and-run crash near CSU Bakersfield that killed 65-year-old Deborah Ann Geneau.

Chain | Cohn | Stiles and family of Deborah Ann Geneau is offering a $2,500 reward to the person who helps identify the driver of a 2013-2019 dark gray Nissan Sentra that is suspected to causing the crash on Stockdale Highway near Don Hart Drive. That vehicle turned into bike path parking area across from CSUB immediately after the collision, police said. It has driver’s side damage.

Anyone with information is urged to call 326-3967 or the Kern Secret Witness line at (661) 322-4040.

“I spent yesterday at the mortuary collecting my mother’s belongings, including her crushed earrings and wedding ring. I couldn’t help but think about what the driver of the other vehicle might have been doing yesterday?” said Dawn Elliott, Deborah Ann Geneau’s daughter and only child, in a statement to media. “We really just want this person to come forward, or assistance to find the person responsible.”

Bakersfield Police Department released a new video of surveillance camera angles. The angles include traffic cameras and footage from a Golden Empire Transportation bus that was in the vicinity of the crash, police said. You can view the videos by clicking here.

“At this point, all indications are that this was an accident,” said Ray Pruitt, investigator with Chain | Cohn | Stiles, in a news conference. “But a person made a decision after being involved in a fatal accident to flee the scene. Now that person has to be held accountable.”

At the news conference for media at Chain | Cohn | Stiles, husband Rick Geneau, husband of Debbie, and their daughter Dawn, shared about their loss, and pleaded with the driver who caused the collision to turn him or herself in.

Rick met Debbie met when they were both 14 years old. At the time of Debbie’s death, they had had been married for 45 years.

“You see these lines on my face, they’re not from old age. They’re timelines that I’ve spent with my wife,” Rick Geneau told media. We all miss her deeply … I thought I was the strength of the family. Come to find out she was my strength.”

Our community — friends and strangers — have reached out to the family since the accident. The family is grateful for the outpouring of love, condolences, and support, Rick Geneau said. A GoFundMe page has been set up to pay for funeral expenses. Click here to access that page.

Rick Geneau, in speaking through media, said if the driver turned themselves in, he would stand beside them in court and ask for leniency.

“But if you don’t turn yourself in, I’ll be in court also and I’ll be seeking full prosecution to the max,” he said.

Dawn Elliott told media she feels she’s had to take on her mother’s role and be the strength of the family during this time.

“You’ve not only taken my mom’s life, you’ve taken a piece of all of our lives.”

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CRASH MEDIA COVERAGE

 

REWARD MEDIA COVERAGE

Tips for a safe summer road trip during the pandemic

July 29, 2020 | 6:00 am


Summer vacation may look different for you and your family this year. Many people are deciding on a summer road trip instead to flying to a vacation destination. In fact, U.S. air travel has dropped more than 70% compared to this time last year, according to reports.

But before you hit the road, there are some precautions you should take to make sure you and your family is safe, not only from COVID-19, but also from dangers of the road. The period between Memorial Day and Labor Day has historically been known as “100 Deadliest Days,” the most dangerous days for drivers to be on our country’s roadways.

Chain | Cohn | Stiles provides the following tips for a safer summer trip:

 

Plan Ahead

Map out which roads, highways, or states you will pass through. There might be relevant travel advisories you need to be aware of, such as changes to toll collection and rest-area food sales. Call ahead and confirm which attractions and hotels are open. And, of course, never drink and drive.

 

Get Enough Sleep

Driving while drowsy is dangerous because it has similar effects on your body as if you were to drive drunk, according to the National Sleep Foundation. The best way to prevent drowsy driving is to get 7-8 hours of sleep the night before your road trip. Signs to watch out for include:

  • trouble focusing
  • heavy eyelids
  • inability to remember the last stretch of road you drove
  • constant yawning
  • bobbing head
  • drifting from your lane

Drinking coffee and energy drinks are not always enough for tired drivers because the effects do not last long. Switching drivers throughout a road trip is a great way to improve alertness in each individual’s portion of the drive. If switching drivers is not possible, pull over and take a nap.

 

Bring ‘Protection’ 

You’re going to have to touch things, including gas pumps, money, doorknobs on washrooms, and other unexpected things. Carry a big bottle of sanitizer in your vehicle. And while you’re at, bring extra toilet paper in case you or your stops are out.

Don’t forget sanitizing wipes, sanitizing spray, face masks, gloves, and even a thermometer. And keep practicing good and frequent hand-washing. Pack snacks and drinks so you reduce the need to go into rest stops and expose yourself to others.

Just in case, bring any necessary travel documentation, including health insurance cards.

Lastly, according to AAA, it’s a good idea to store an emergency kit in your car that includes a car charger for your cell phone, first-aid kit, blanket, drinking water and snacks for everyone including pets, flashlight with extra fresh batteries, rags or paper towels, basic tools including duct tape, road flares or reflectors, ice scraper or snow brush, jumper cables, traction aid (sand, salt), tarp, raincoat, and a shovel. In the case of an emergency, a tent can provide shelter. And tents can be used just about anywhere.

 

Watch Out For Speeding

During this pandemic, law enforcement has reported a spike in speeding on the country’s highways, and overall more dangerous driving habits. Be careful of dangerous speeding while traveling. AAA suggests drivers practice a system called “R.E.A.D the Road”:

  1. Right speed for right now
  2. Eyes up, brain on
  3. Anticipate their next move
  4. Donut of space around your car (in case you need to make an emergency maneuver)

 

Stay Focused 

Distracted driving is a deadly behavior. Federal estimates suggest that distraction contributes to 16 percent of all fatal crashes, leading to around 5,000 deaths every year.

Have a passenger open your bottle of water or change the song on your phone. Turn on the “Do Not Disturb” function on your phone to limit distractions. Here are a few more ideas of what you can do to eliminate distracted driving from your travels (courtesy of AARP).

  • Unplug: Keep your cell phone on silent and where you can’t see it light up for every notification you receive. If a phone call or text message is really important, it’s best to pull over into a safe location before using your phone.
  • Focus: When you’re behind the wheel, pay attention to what’s happening all around your vehicle. Frequently scan your mirrors and watch your speed.
  • Secure your cargo: Prevent loose items in your car from startling you in the event of sudden braking by securing your cargo. Also, never place smaller items on your lap or on the floor near the driver-side foot pedals.

 

Roadside Safety

July is designated as National Roadside Traffic Safety Awareness Month. Here are few tips for being safer on the road in the case of a breakdown or minor accident:

  • Move to safety: Never get out of the vehicle to make a repair or examine damage on a busy highway. Get the vehicle to a safe, out-of-the-way spot, and then get out of the car if at all possible. And if a dire emergency forces you to get out of your car on a highway, do not stand at the side of the car nearest the traffic. Position yourself on the “shoulder” side of the vehicle, so that your vehicle is between you and the traffic.
  • Call for help: If your car won’t run or if it’s so badly damaged that it can’t be driven, stay in the vehicle and use a cell phone to call for help. Don’t stand outside the vehicle unless absolutely forced to do so. Even then, don’t stand near the flow of traffic.
  • Be prepared: Carry a strong flashlight, flares or reflective triangles in your vehicle so you can mark your location in the event of an emergency, even during the day. Remember to turn on your hazard lights so that other drivers have advanced warning of a problem ahead. To be safe, be seen.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

Chain | Cohn | Stiles attorney, partner Beatriz Trejo named to 2020 Super Lawyers ‘Rising Stars’ list

July 22, 2020 | 5:00 am


Beatriz A. Trejo, a partner with the law firm Chain | Cohn | Stiles who focuses on workers’ compensation cases, has been named to the 2020 Super Lawyers “Rising Stars” list by Southern California Super Lawyers Magazine.

This is Trejo’s second year of earning the “Rising Stars” distinction, which is granted to just 2.5 percent of lawyers under the age of 40 in the Southern California region. Trejo was also chosen last year to the “The Top Women Attorneys in Southern California — Rising Stars” list.

“It is simply my honor to be able to do my part to help injured workers recover, to be able to take care of themselves, and their families,” said Trejo. “And it is an honor also to be recognized by Super Lawyers Magazine as a ‘Rising Star.’ I will continue to do my work diligently in serving as an advocate for injured workers through my work at Chain | Cohn | Stiles.”

Trejo is a Certified Legal Specialist in Workers’ Compensation, a past recipient of the “Workers’ Compensation Young Lawyer of the Year” award in California, and she has also been recognized by her peers in the “Top Attorneys” poll voted on by local lawyers.  She is past president of the California Applicants’ Attorneys Association (CAAA), Bakersfield Chapter and has been named as one of the 20 Under 40 People to Watch by Bakersfield Life Magazine.

Trejo is an active member of CAAA’s Latino Caucus, and serves on the panels of the Immigration Justice collaborative, which aim to educate immigrants on their constitutional rights.  She is a frequent speaker for Kern Country Small Business Academies and serves on the CSU Bakersfield Pre-Law Advisory Committee.

Outside of the office, Trejo is involved in Latina Leaders of Kern County, Kern Country Hispanic Chamber of Commerce, and Comprehensive Blood and Cancer Center Foundation of Community Wellness. She was honored in 2019 by the Latina Leaders of Kern County organization as one of the “Latinas Leading the Way.”

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Each year, the Super Lawyers selection process includes independent research, peer nominations and peer evaluations.  According to the program, Super Lawyers selects attorneys using a multi-phase selection process where each candidate is evaluated on 12 indicators of peer recognition and professional achievement, including a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews. The objective of the recognition program is “to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used to resource for attorneys and consumers searching for legal counsel.”

As part of the honor, those selected are highlighted in issues of Southern California Super Lawyers Magazine alongside other awarded legal professionals. They also receive profiles on superlawyers.com, which you can see by clicking here.

Other Chain | Cohn | Stiles attorneys chosen for the Super Lawyers distinction include law firm law partners David CohnJames Yoro and Matthew Clark. The general Super Lawyers honor, for those over 40 years old, is awarded to no more than 5 percent of lawyers in the Southern California region based on a high-degree of peer recognition and personal achievement.

In 2018, Chain | Cohn | Stiles received a resolution from the California Legislature for having all of its partners listed as Southern California Super Lawyers.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

Awards give Chain | Cohn | Stiles ‘world-class’ law firm, attorneys designations (Bakersfield Life Magazine)

July 15, 2020 | 5:00 am


Editor’s Note: Chain | Cohn | Stiles was featured in the July “Top Attorneys” issue of Bakersfield Life Magazine. As the magazine stated in the issue: 

“Requiring the services of an attorney often comes during a time of need. Bakersfield houses some of the best law professionals around. These attorneys specialize in a range of fields, from personal injury to family law, civil litigation and more. The profiles featured on the following pages will you find the right attorney.” 

To read the entire issue, click here. To read Chain | Cohn | Stiles’ featured profile, click here, or you can read the entire profile below. 

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Awards give Chain | Cohn | Stiles ‘world-class’ law firm, attorneys designations

You don’t have to choose between world-class lawyers and local attorneys for your injury case.

Chain | Cohn | Stiles, the Bakersfield-based personal injury and workers’ compensation law firm, is ranked in the “Best Law Firms” list by U.S. News & World Report, recognized for “professional excellence with persistently impressive ratings from clients and peers.”

Chain | Cohn | Stiles has two attorneys selected in the “Best Lawyers in America” program, which is the oldest and among the most respected attorney ranking services in the world.

David K. Cohn and James A. Yoro join the top 5% of practicing attorneys in the United States in being selected, and are the only two attorneys in the greater Kern County area to be listed.

David Cohn is one of the most respected lawyers in the Central Valley. He is a Martindale-Hubbell AV preeminent-rated trial attorney, has been named to the Southern California Super Lawyers list, and was selected to join the International Society of Barristers. Over the course of his career, which spans 45 years all at Chain | Cohn | Stiles, Cohn has obtained numerous multi-million dollar results on behalf of his clients, and his cases have led to workplace, roadway and vehicle safety measures.

James Yoro is a Certified Workers’ Compensation Professional in California, and is one of the most veteran and most respected workers’ compensation lawyers in the state. He is the past president of the Kern County Bar Association. He has argued cases in front of the California Supreme Court, and for nearly 40 years has fought day in and day out for the rights of injured workers.

The law firm includes attorneys David Cohn, Jim Yoro, Matt Clark, Chad Boyles, Beatriz Trejo, Tanya Alsheikh, and Doug Fitz-Simmons. To learn more about each attorney and the firm, visit chainlaw.com.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

Chain | Cohn | Stiles resolves Nancy Garrett wrongful death case, the last in a series of fatal crashes involving Kern County Sheriff’s personnel

July 8, 2020 | 6:00 am


Chain | Cohn | Stiles has resolved a wrongful death lawsuit on behalf of the family of 72-year-old Nancy Joyce Garrett, who was killed when a Kern County Sheriff’s Office deputy struck and killed her in September 2014 while in his patrol car.

The family settled the lawsuit against the County of Kern for $2.5 million. The resolution of this case represents the culmination of nearly a decade of work representing not only the family of Nancy Garrett, but the families of Daniel Hiler, Larry Maharrey and others who have been killed in crashes involving Kern County Sheriff’s Office personnel

“This case resulted in five years of protracted litigation in federal court,” Chain | Cohn | Stiles attorney Matt Clark told The Bakersfield Californian. “We are pleased with the outcome especially in light of the fact that the civil rights components of the case were fought at every turn … This case is an example of how the wheels of justice do in fact grind slowly. We appreciate that we had patient clients who believed in the civil rights aspects of the case to see if through to the end.”

For full media coverage of the case, see the listing below.

 

THE CRASH

The crash occurred on Sept. 28, 2014, at the intersection of North Chester Avenue and China Grade Loop in Oildale. The California Highway Patrol’s Multidisciplinary Accident Investigation Team (MAIT) report found that Deputy Nicholas Clerico was at fault when he ran a red light at 85 mph and crashed into Garrett’s vehicle, on her driver’s side. She died from multiple blunt force trauma injuries.

“A reasonable person would have known that entering an intersection against a red traffic signal, at 85 mph, and without giving adequate warning to approaching traffic would create a danger to human life,” the CHP report stated.

The CHP report recommended that a vehicular manslaughter charge be filed against the deputy, and in 2017, he pleaded no contest to the charge and was sentenced to 240 hours of community service. He was no longer with the KCSO by the time he accepted the plea agreement.

Nancy was a friendly neighbor, a caregiver for our community, an active blogger, and the pillar of her family. She was a drug and alcohol counselor for the Kern County Mental Health Department, and also volunteered her time as a substance abuse counselor for STEPS, a local nonprofit that provides DUI awareness services. At the time of the crash, she was returning home from a Los Angeles Dodgers baseball game she attended with her family and friends.

The lawsuit, filed in 2015 on behalf of Garrett’s adult children, Mark McGowan and Deborah Blanco, asked for monetary damages as well as changes within the sheriff’s department in how deputies were trained.

 

KCSO DRIVING

In the lawsuit, Garrett’s family through Chain | Cohn | Stiles asked for changes within the sheriff’s department in how deputies are trained properly throughout Bakersfield and other communities across Kern County. The county’s policies “were not adequate to train its deputies to handle the usual and recurring situations with which they must deal, including … driving at excessive speeds, pre-clearing intersections and responding Code 3. (Kern County) was deliberately indifferent to the obvious consequences of its failure to train its deputies adequately.”

In fact, Garrett’s death came in the midst of other tragic crashes involving a KCSO. In a four-year span, Kern County sheriff’s personnel crashed into and killed four innocent bystanders in Oildale, including Garrett.

  • Larry Maharrey was killed in July 2015 when Kern County Sheriff’s Deputy Marvin Gomez abruptly made a left turn against a red light onto Airport Drive in Oildale directly into Maharrey’s motorcycle. Maharrey was unable to avoid the collision with Deputy Gomez’s patrol vehicle, and died as a result of the crash. The family, represented by Chain | Cohn | Stiles, and County of Kern settled the lawsuit for $3.8 million.
  • Daniel Hiler and Chrystal Jolley were killed in December 2011, when Kern County sheriff’s deputy John Swearengin struck and killed them as they pushed a motorcycle across Norris Road. Swearengin was traveling at more than 80 mph in a 45-mph zone, without activating his emergency lights or siren. The case settled in March for $8.8 million.

 

BRINGING ABOUT CHANGE

The case was delayed due, in part, to the Central Valley’s federal district court instituting a “judicial emergency” order due to a shortage of judges. Federal Judge Dale A. Drozd of the U.S. Eastern District Court of California, the federal judicial district that includes Bakersfield and the southern Central Valley area, stated that the judicial emergency order “will seriously hinder the administration of justice” in the district.

In the end, Chain | Cohn | Stiles was able to resolve the case for the family, and helped bring about change.

“Over all else, the family of Nancy Garrett from the outset sought change in the driving practices within the Kern County Sheriff’s Office,” Clark told The Bakersfield Californian.

The family believes their lawsuit ultimately had a positive impact in the community, evidenced by the fact that in the five years of litigation they aren’t aware of any deadly traffic collisions involving sheriff’s deputies responding to calls, Clark said.

McGowan and Blanco told The Bakersfield Californian they continue to stand behind law officers and deputies as they work together with the community to maximize vehicle safety.

“Despite this litigation,” they said in the statement, “we support law enforcement and hope it prevents future crashes and tragedies on the part of our officers and our community members.”

Following the closure of the case, Mark McGowan posted a video regarding his experience with the case, and with Chain | Cohn | Stiles. You can view that video by clicking here.

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CRASH MEDIA COVERAGE

CLAIM MEDIA COVERAGE

PRESS CONFERENCE MEDIA COVERAGE

LAWSUIT MEDIA COVERAGE

‘JUDICIAL EMERGENCY’ MEDIA COVERAGE

SETTLEMENT MEDIA COVERAGE

Fireworks Safety: Don’t let home celebrations this Fourth of July turn to tragedy (or a fine)

July 1, 2020 | 6:00 am


As COVID-19 continues to spread locally and statewide regulations block public gatherings, officials are putting a halt to large fireworks shows this Fourth of July, leading many to celebrate at home.

And while lighting fireworks in your own yard might seem festive and fun, it’s important to celebrate our nation’s Independence safely, so your holiday doesn’t turn into tragedy.

In fact, about 11,000 people are treated in U.S. hospital emergency rooms for fireworks-related injuries each year. And in the month surrounding July 4, our nation sees about 200 fireworks injuries per day, according to the U.S. Consumer Product Safety Commission. Serious burns, eye injuries, and even death can occur. Injuries to people aside, fireworks start nearly 20,000 fires each year, including 1,300 structure fires and 300 vehicle fires.

“The fact is anyone close to fireworks is in danger. Fireworks can be unpredictable, and injuries can happen to anyone,” said David Cohn, managing partner at personal injury attorney at Chain | Cohn | Stiles. “Please understand the dangers, and celebrate safely.”

Chain | Cohn | Stiles offers the following safety tips to make sure your Fourth of July is as fun and safe as possible. For local celebration and safety information, please see below.

  • Never give fireworks to small children, or allow them to ignite fireworks.
  • Always have an adult supervise fireworks activities.
  • Never place any part of your body directly over a fireworks device when lighting the fuse. Back up to a safe distance immediately after lighting fireworks.
  • Only use fireworks outdoors in a clear area, and away from buildings and vehicles.
  • Never try to re-light or pick up fireworks that have not ignited fully.
  • Never point or throw fireworks at another person.
  • Keep a bucket of water or a garden hose handy in case of fire or other mishap.
  • Light fireworks one at a time, then move back quickly.
  • Never carry fireworks in a pocket or shoot them off in metal or glass containers.
  • After fireworks complete their burning, douse the spent device with plenty of water from a bucket or hose before discarding it to prevent a trash fire.
  • Never use fireworks while impaired by drugs or alcohol.
  • Never light them indoors.
  • Never use illegal fireworks.

If someone is injured by fireworks, here’s what you can do:

  • If an eye injury happens, don’t let the injured person touch or rub it, as this may cause even more damage. Don’t flush the eye out with water or try to put any ointment on it. Cut out the bottom of a paper cup, place it around the eye, and get medical care right away — eyesight may depend on it.
  • If someone suffers a burn, remove clothing from the burned area, and call your doctor immediately.
  • If someone is injured due to the negligence of someone else, please contact Chain | Cohn | Stiles immediately to receive legal assistance, be compensated for injuries suffered, and continue to get medical care in the future.

Chain | Cohn | Stiles in recent years has represented victims of fireworks accidents and other burn injury cases. In 2014 attorney David Cohn represented two men who suffered from severe injuries caused in a fireworks accident while attending a party on Fourth of July in west Bakersfield. The two men arrived at the party where party-goers were allegedly setting off illegal fireworks and explosives. A blast injured two people, and the case settled in 2018 for $2.3 million.

 

KERN COUNTY CELEBRATIONS

The city of Bakersfield canceled this year’s Fourth of July fireworks celebration at The Park at River Walk due to the ongoing COVID-19 pandemic. The city will broadcast a special Independence Day concert by the Bakersfield Municipal Band on multiple social media platforms. Other Kern County cities — including Shafter, Delano, Tehachapi, and McFarland — have also canceled its shows. Taft and Buttonwillow are continuing its shows with drive-in viewings.

Additionally, American Pyrotechnics Association announced fireworks sellers are expecting record sales this year because Americans may likely celebrate at home as public displays are canceled.

Local departments — including Bakersfield Fire, Kern County Fire, Bakersfield Police, and Kern County Sheriff’s Office — have joined forces to combat an increase in illegal fireworks activity locally.

Bakersfield Fire Department has started establishing teams of unmarked vehicles and fire engine companies to issue $1,500 citations to those violating fireworks laws. Residents are asked to report violations to kerncountyfire.org.

For more information about firework usage and fines, visit youlightitwewriteit.com.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

Feeling the Kern County heat? Here’s a safety guide to avoid heat-related illnesses.

June 17, 2020 | 6:00 am


The heat has arrived in Kern County, and the extreme triple digit weather is not going anywhere any time soon.

As the temperatures rise above 100 degrees, Chain | Cohn | Stiles reminds local residents to take extra care to avoid heat-related illnesses, such as heat stroke and heat exhaustion. In fact, more than 600 people in the United States are killed by extreme heat each year, and countless others are hospitalized, according to Centers for Disease Control and Prevention.

Those at highest risk for heatstroke or heat exhaustion include infants and children up to 4 years old, people 65 and older, people who are overweight, and who are working or exercising outdoors. Pet owners, too, should be careful.

“Tragedy from extreme heat can happen quickly and without warning,” said David Cohn, managing partner and personal injury lawyer at Chain | Cohn | Stiles. “As we move into the tough summer days, it is important for parents, seniors, workers, employers, and everyone else to minimize the chances of heat-induced illnesses, to recognize the signs of heat stress, and take proper precautions.”

 

PREVENTION

Here are some tips to avoid heat-related health problems.

  • If available, stay in an air-conditioned area during the hottest hours of the day.
  • Drink plenty of water and don’t wait until you are thirsty. Schedule hydration breaks throughout the day.
  • Avoid alcohol and sugary drinks.
  • Take cool showers.
  • Never leave a child, elderly person, or pet unattended in a car.
  • Keep pets cool in hot weather.
  • Avoid unnecessary hard work or activities outside during the hottest part of the day. It’s recommended that you perform outdoor or strenuous activities during the early morning or at night when the temperature are cooler.
  • If you must be outside, be sure to wear sunscreen and wear lightweight, light-colored and loose-fitting clothing, as these reflect the heat and sunlight.
  • If outside, seek shade, wear a hat, or carry an umbrella. Place a cold towel around your neck and behind your knees, run your wrists under cold water, sit in front of a fan, or take a cool bath or shower.
  • Avoid using the oven to cook.
  • Do not use electric fans when the temperature outside is more than 95 degrees, as it could increase the risk of heat-related illness. Fans create air flow and a false sense of comfort, but do not reduce body temperature.
  • Some medications may cause you to be more susceptible to the heat. Listen to your body and don’t push yourself.

 

HEAT DISORDERS

There are four types of heat disorders to watch out for: sunburns, heat cramps, heat exhaustion, and heat stroke. In general, signs of these ailments include extremely high body temperature (103 or higher), dizziness, nausea, confusion, and headache. If someone shows these signs, call 9-1-1 and begin cooling the individual.

Here’s how to identify and treat these illnesses specifically:

  • Heat Cramps: Signs include muscle pains or spasms in the stomach, arms or legs. Take action by going to a cooler location, remove excess clothing, take sips of cool sports drinks with salt and sugar, and get medical help if cramps last more than an hour.
  • Heat Exhaustion: Signs include heavy sweating, paleness, muscle cramps, tiredness, weakness, dizziness, headache, fainting, nausea, and vomiting. Take action by going to an air-conditioned place and lying down, loosen or remove clothing, take a cool bath, take sips of cool sports drinks with salt and sugar, and get medical help if symptoms get worse or last more than an hour.
  • Heat Stroke: Signs include extremely high body temperature (above 103 degrees) taken orally, red, hot and dry skin with no sweat, rapid strong pulse, dizziness, confusion or unconsciousness. Take action by calling 9-1-1 or getting the person to a hospital immediately. Cool down with whatever methods are available until medical help arrives.

 

WORKING OUTDOORS

Under OSHA law, employers are responsible for providing workplaces free of known safety hazards. This includes protecting workers from extreme heat. An employer with workers exposed to high temperatures should establish a complete heat illness prevention program.

  • Provide workers with water, rest and shade.
  • Allow new or returning workers to gradually increase workloads and take more frequent breaks as they acclimatize, or build a tolerance for working in the heat.
  • Plan for emergencies and train workers on prevention.
  • Monitor workers for signs of illness.

California’s Division of Occupational Safety and Health – also known as Cal/OSHA – has led the charge on developing stringent regulations to protect employees working outdoors in the heat. Overall, these regulations require California employers with outdoor workers to provide more than adequate water, shade, rest breaks and training. This rule applies when temperatures exceed 80 degrees. Additional requirements go into effect when outdoor temperatures top 95 degrees. You can find all of the regulations under Title 8 Section 3395 – Heat Illness Prevention.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

‘America’s deadliest police’ title hangs over Kern County as protests continue against law enforcement brutality

June 10, 2020 | 6:00 am


As protests against police brutality continue throughout Kern County, the United States, and the world, Chain | Cohn | Stiles would like to revisit this issue that has been brought up time and time again in our own community.

In fact, it was five years ago that The Guardian — a renowned British national daily newspaper that also covers issues in the United States — unveiled its five-part series that examined the use of deadly force, rough justice, sexual misconduct cases and other issues involving “America’s deadliest police” of Kern County. Among the cases highlighted were many of those involving wrongful deathpolice misconduct, sexual misconduct and civil rights cases over the years prior handled by the attorneys at Chain | Cohn | Stiles.

“Police in Kern County, California, have killed more people per capita than in any other American county in 2015,” according to The Guardian’s report. “The Guardian examines how, with little oversight, officers here became the country’s most lethal.”

The Guardian’s series was part of a project called The Counted, highlighting the number of people killed by police and other law enforcement agencies in the United States throughout 2015, “to monitor their demographics and to tell the stories of how they died.” Why was this necessary? According to The Guardian, the U.S. government had no comprehensive record of the number of people killed by law enforcement at the time, and still doesn’t. And this lack of basic data has been glaring amid the protests, riots and worldwide debate set in motion by fatal police shootings.

Why focus on Kern County? The series tackled the issue of how police officers in Kern County are reportedly responsible for killing more local residents per capita than in any other county in the country — about 1.5 people per 100,000 residents.

Among the cases highlighted by the publication included:

  • David Sal Silva, who was killed on the night of May 7, 2013. Silva was asleep in front of a home in east Bakersfield, across from Kern Medical Center when 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. Chain | Cohn | Stiles filed a civil rights lawsuit in connection with the wrongful death of David Silva. On May 4, 2016, a settlement was reached for $3.4 million.
  • David Garcia, who was shot to death in January 2015 by Kern County Sheriff’s deputies while leaving his house unarmed. Deputies were called to the house to assist on a suicide attempt call. A settlement was reached in 2018.
  • James Moore was beaten to death by several deputies from the Kern County Sheriff’s Department while housed in central receiving downtown Bakersfield jail. On behalf of his family, Chain | Cohn | Stiles filed suit. Three deputies were prosecuted by the Kern County District Attorney’s Office for their roles in James’ death. The case settled for $6 million.
  • The series also highlighted three deputy-involved fatal crashes. In all three, Chain | Cohn | Stiles has filed claims and lawsuits on behalf of their families. Ultimately, the lawsuits led to reformed driving practices on the part of KCSO deputies. Those cases include:
    • Daniel Hiler and Chrystal Jolley, who were killed in December 2011, when Kern County sheriff’s deputy John Swearengin struck and killed them as they pushed a motorcycle across Norris Road. Swearengin was traveling at more than 80 mph in a 45-mph zone, without activating his emergency lights or siren. The case settled in March for $8.8 million.
    • Nancy Garrett, who was killed in September 2014 in Oildale when a Kern County Sheriff’s Office patrol car operated by Deputy Nicholas Clerico struck and killed her. The California Highway Patrol’s Multidisciplinary Accident Investigation Team (MAIT) found Deputy Clerico at fault in the crash, and the CHP report recommended that a vehicular manslaughter charge be filed against the deputy.
    • Larry Maharrey, who was killed when Kern County Sheriff’s Deputy Marvin Gomez abruptly made a left turn against a red light onto Airport Drive in Oildale directly into Maharrey’s motorcycle. Maharrey was unable to avoid the collision with Deputy Gomez’s patrol vehicle, and died as a result of the crash. The family, represented by Chain | Cohn | Stiles, and County of Kern settled the lawsuit for $3.8 million.

Then in 2016, the California Attorney General’s Office and the FBI launched investigations into Kern County Sheriff’s Office and the Bakersfield Police Department. That investigation is ongoing.

But this wasn’t the first time a Bakersfield police department had been investigated for an alleged pattern of excessive force. In 2003, the U.S. Department of Justice launched what would become a four-and-a-half year investigation after receiving numerous complaints of deadly and non-deadly excessive force and discriminatory policing methods. In April 2004, that department suggested policy changes in a 19-page letter to the department and Bakersfield Police Department began making those changes including some in its use-of-force and officer-involved shootings policies. In 2008, the federal department reviewed those changes and announced the BPD hadn’t stepped over any constitutional lines.

Still, claims and lawsuits against local law enforcement alleging misconduct, civil rights violations, and police brutality persist. In 2017, the American Civil Liberties Union of Southern California published a report following a two-year study that concluded law enforcement agencies in Kern County – specifically the Bakersfield Police Department and Kern County Sheriff’s Office – have engaged in patterns of excessive force and systematically violated the civil rights of local residents. ACLU called on the two departments to reform their policies, re-train and re-orient line and supervisory officers “towards a culture that emphasizes the consistent use of tactical alternatives to force and consequences for the use of unreasonable, unnecessary, or disproportionate force, and establish rigorous and independent oversight institutions to ensure the departments remain accountable and responsive to the communities they serve.

California Assembly Bill 392, which was signed into law and became effective Jan. 1, 2020, modified the conditions under which a police officer can legally use deadly force from times when it’s “reasonable” to when it’s “necessary.” Civil rights advocates say “the spirit of the measure – encouraging de-escalation and crisis-intervention methods – clearly attempts to induce greater restraint from officers, likely making it the strictest such law in the land,” according to a report by USA Today.

UPDATE – JUNE 11, 2020: The Bakersfield Police Department and Kern County Sheriff’s Office announced that the use of the carotid restraint control hold has been suspended pending further review, according to The Bakersfield Californian. The controversial choke hold restricts blood flow to the brain, causing the restrained person to lose consciousness. The announcement came as protests around the country have sprung up following the in-custody death of George Floyd on Memorial Day in Minneapolis. It was also the hold that was attributed to the death of James Moore, described above.

UPDATE – JUNE 16, 2020: KGET-17 News took a look at “qualified immunity” involving police officers and how it looks for local law enforcement. Reporter Karen Hua interviewed partner and attorney Matt Clark with Chain | Cohn | Stiles regarding civil rights, wrongful death, and police misconduct cases in Kern County, and how qualified immunity plays a part. Click here to view the news story.

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THE GUARDIAN SERIES

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If you or someone you know is injured by law enforcement, injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

Elder abuse and neglect awareness is more important now than ever

June 3, 2020 | 11:42 am


June is Elder Abuse Awareness Month, and there is not a more important time than now to protect and be mindful of our most vulnerable citizens.

Senior residents have been especially impacted by the COVID-19 pandemic, especially those in nursing and care facilities. As of June, more than 25,000 residents died and 60,000 were infected in the United States as the coronavirus swept through our country’s nursing homes, according to federal data, in which about 80 percent of the nation’s nursing homes reported data to the federal government, and statistics include cases since early May.

Unfortunately, those impacted the most are housed in facilities with a history of low marks for staffing and patient care, reports show.

“We have to be able to provide adequate care to our elder loved ones in these faculties, while at the same time protecting them from being infected,” said Matt Clark, senior partner and elder abuse and neglect attorney at Chain | Cohn | Stiles. “For them, it’s literally a matter of life and death.”

During “normal” times, California sees 176,000 cases of reported elder abuse cases each year, according to Kern County Aging & Adult Services. And officials estimate that for every case known to reporting agencies, 24 cases go unreported. This month — during Elder Abuse Awareness Month in Kern County, with World Elder Abuse Awareness Day on June 15 — Chain | Cohn | Stiles wants to remind everyone of the importance of speaking up for those who cannot, our oldest, frailest and most vulnerable citizens. Our law firm has been at the forefront in fighting for victims of elder abuse in Bakersfield, Kern County and throughout the state.

Local skilled nursing facilities are experiencing COVID-19 outbreaks affecting staff and residents alike. The Kern County Department of Public Health says facilities requested immediate help with staffing shortages, and healthcare professionals throughout the state were sent to assist the facility. Recently, the Kern County Board of Supervisors moved forward with a plan to designate an accountability officer from the Kern County Emergency Services to oversee issues at the state-regulated nursing care faculties.

“… It’s an inadequate amount of staffing that leads to poor patient care. Poor patient care leads to poor patient outcomes. Poor patient outcomes especially in the elder care world often times leads to death,” Clark said in an interview with 23ABC.

Local media reported that the California Department of Public Health cited the Kingston Health Care Facility more than a dozen times for serious violations. Several lawsuits have been filed against the facility for elder abuse and neglect and wrongful death, some by Chain | Cohn | Stiles.

Clark shares that the best way for people to review nursing home conduct and reports is my visiting Medicare.gov. Users can research any skilled nursing facility, and check ratings and staffing ratios.

Even before the COVID-19 pandemic, our state’s senior care facilities put residents in danger.  A 2019 investigation by Reveal from The Center for Investigative Reporting found that some operators of senior board-and-care homes violated labor laws and often also endangered or neglected their residents, sometimes with dire consequences. Reveal analyzed thousands of licensing records and hundreds of U.S. Department of Labor cases in California and conducted two dozen interviews with workers, residents and their family members in the first comprehensive accounting of failures in care homes whose operators preyed on vulnerable caregivers, many of them poor immigrants, and elderly residents. In California, which has the most licensed senior care homes of any state, federal data showed that operators broke minimum wage, overtime or record-keeping laws in more than 500 cases over the last decade. In 1 in 5 of these cases, operators were cited for health and safety violations that endangered residents, Reveal found.

 

REPORTING ELDER ABUSE, NEGLECT

So why does elder abuse go unreported? Many times, elders have no family to report to. They also fear retaliation from “caregivers,” or they feel shame in regards to abuse. Another reason is they fear they will lose independence, or fear they will upset their own family members. Many times, however, victims simply lack understanding of how to report abuse.

Another issue lies is recognizing elder abuse and neglect. In fact, elder abuse can take many forms including:

  • Physical abuse: Inflicting physical pain or injury on a senior (slapping, bruising or restraining by physical or chemical means).
  • Sexual Abuse: Non-consensual sexual contact of any kind.
  • Neglect: The failure by those responsible to provide food, shelter, health care, or protection for a vulnerable elder.
  • Exploitation: The illegal taking, misuse, or concealment of funds, property, or assets of a senior for someone else’s benefit.
  • Emotional Abuse: Inflicting mental pain, anguish, or distress on an elder person through verbal or nonverbal acts (humiliating, intimidating, or threatening).
  • Abandonment: Desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person.
  • Self-neglect: Characterized as the failure of a person to perform essential, self-care tasks and that such failure threatens his/her own health or safety.

Lastly, how do you recognize elder abuse and neglect, and what are the warning signs. Here are a few of them:

  • Bruises, broken bones, abrasions and burns may be an indication of physical abuse, neglect or mistreatment.
  • Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may be indicators of emotional abuse.
  • Bruises around the breasts or genital area can occur from sexual abuse.
  • Sudden changes in financial situations.
  • Bedsores, unattended medical needs, poor hygiene and unusual weight loss.
  • Behavior such as belittling, threats, and other uses of power and control by spouses are indicators of verbal or emotional abuse.
  • Strained or tense relationships, frequent arguments between the caregiver and elderly person.
  • If you notice changes in a senior’s personality or behavior, you should start to question what is going on.

It’s important to alert others if you have suspicions, and to retain an attorney. In an emergency, call 9-1-1. To report cases of elder abuse, whether it is on your own behalf or that of someone you know, please call Adult Protective Services as part of the Kern County Aging & Adult Services, or contact the Long-Term Care Ombudsman.

  • Adult Protective Services responds to reports from individuals, concerned citizens, social service and health providers, and law enforcement representatives about developmental disabled adults, physically and mentally disabled adults, and the elderly who may be physically or financially abused, neglected, or exploited. Upon receipt of a referral, APS sends a social worker to make a home visit or contact the elder or dependent adult.
    • 24-Hour Hotline: 800-277-7866 or 661-868-1006
  • Long-Term Care Ombudsman Program investigates elder abuse complaints in long-term care facilities and in residential care facilities for the elderly. The primary responsibility of the program is to investigate and endeavor to resolve complaints made by, or on behalf of, individual residents in these facilities, including nursing homes, residential care facilities for the elderly, and assisted living facilities. The goal of the program is to advocate for the rights of all residents in long term care.
    • Phone: 661-323-7884

And if you or someone you know experiences elder abuse or neglect, please contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the law firm’s specialized website focused on elder abuse at bakersfieldelderabuse.com.

During pandemic, auto crashes are down throughout California, but not in Bakersfield-Kern County

May 27, 2020 | 9:25 am


The coronavirus pandemic has affected all aspects of our lives, including driving habits. In fact, traffic volume is down throughout California’s roadways, which has resulted in fewer collisions and arrests for driving under the influence across the state.

Unfortunately, the same can’t be said for Bakersfield and Kern County.

While California saw an 88% reduction in the number of people killed in crashes and a 62% decrease in the number of people injured in crashes from March 19 to April 30 this year versus last year, the Bakersfield area saw a 33% increase in fatal crashes from 8 in 2019 to 12 in 2020 during this same time period, according to data from the California Highway Patrol’s Statewide Integrated Traffic Records System (SWITRS).

California also saw a 75% decrease in the number of crashes, and the total number of truck-involved collisions also saw a 60% drop, with fatal truck-involved crashes down 88%, according to CHP. The number of DUI arrests made by officers has decreased during March and April in California, from 7,224 in 2019 to 4,223 in 2020; a decrease of 42%.

Even more, the open roads have left some drivers feeling the need for speed. CHP officers issued 2,738 citations for speeding in excess of 100 miles per hour between March 19 and April 30, which is an increase of 46% from last year. Locally, the CHP’s Central Division, which covers the Central Valley, saw a 61% increase in speeding over 100 mph tickets during the same time period.​

According to Verra Mobility, a photo enforcement company with 4,000 camera locations in the United States, speed violations were up 16%, and the number of vehicles going at least 20 miles per hour over the local limit increased 40% in April compared with the same month last year.

The surge in speeding and reckless behavior on our roadways has led to increased patrolling on local highways. A first offense for a 100 mph citation could lead to a $1,000 fine, loss of license for 30 days, or worse — speeding endangers lives of everyone on the road.

“During this time, taking care of yourself and one another goes beyond wearing a mask and physical distancing. We all have a responsibility care for each other on our roadways, too,” said David Cohn, managing partner and personal injury attorney at Chain | Cohn | Stiles. “Please Slow down, take your time, pay attention while driving, and drive sober.”

Across the country too, U.S. highways have gotten emptier and they have also been more deadly, data from the National Safety Council shows. The fatality rate per mile driven went up by 14% compared with March 2019. The number of miles driven dropped 18.6% in March compared with the same month last year, but the death rate per 100 million vehicle miles driven was 1.22 in March, up from 1.07 in March 2019.

Chain | Cohn | Stiles reminds drivers to please slow down, never drive while under the influence, and always wear seat belts. And if you are involved in a car accident, follow these three steps:

1) Obtain the name, address, insurance information, vehicle identification number (VIN) and driver’s license number of any and all persons involved in the accident, as well as the names, addresses, and telephone numbers of all witnesses.

2) Make sure that a report is filed with the police, sheriff, or highway patrol, but do not talk to anyone else, especially insurance adjusters, about the accident or sign anything without first consulting an attorney.

3) Seek medical attention immediately and explain to your physician or surgeon all of the symptoms and complaints you have been feeling since the accident occurred.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.