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

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

‘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.

Chain | Cohn | Stiles attorney Matt Clark discusses COVID-19 outbreak at local skilled nursing facility, and how to protect loved ones

May 6, 2020 | 10:05 am


A local skilled nursing facility is experiencing a COVID-19 outbreak affecting staff and residents alike, and Chain | Cohn | Stiles spoke with media on what people can do to protect their loved ones.

Kingston Healthcare Center, a skilled nursing facility in southwest Bakersfield, has reported 70 positive cases of the novel coronavirus as of May 5, according to data from the California Department of Public Health. The Kern County Department of Public Health said the facility requested immediate help with staffing shortages, and healthcare professionals throughout the state were sent to assist the facility.

The nursing home in a statement to media said they are working with health officials to manage confirmed cases. The facility said they’ve increased their housekeeping services and currently have appropriate personal protective equipment for staff.

“California Department of Public Health is on-site daily at the center and working together with center staff to ensure infection control process are being followed and assisting with some staffing needs,” according to the statement

Matthew Clark, Chain | Cohn | Stiles elder abuse and elder neglect attorney and senior partner, shared with 23ABC News that families with loved ones in the Kingston facility have reached out to the law firm about the quality of care since the COVID pandemic. He says over the last three years his firm has had around a half dozen cases against the facility.

“… Any case we’ve had against Kingston or any other elder care facility for that matter, it almost results from inadequate staffing. 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.

23ABC reported in April that documents showed the California Department of Public Health cited the Kingston Health Care Facility more than 14 separate times since 2015. Within the last six months they were also cited with a Double-A citation, which is considered one of the most serious violations.

KGET-17 News also reported that Kingston has been sued six times since 2017, with allegations including medical malpractice, elder abuse and neglect and wrongful death. Many of those cases have been filed by Chain | Cohn | Stiles.

Clark shared with viewers 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.

Kingston’s profile is now listed as a “Special Focus Facility.” According to the site this means the nursing home has had a history of persistent poor quality of care.

As of May 5, Kern County is reporting 1,055 positive cases of COVID-19 and 11 deaths, according to Kern County Public Health Services Department.

UPDATE (MAY 11, 2020): Families of residents at Kingston, as well as staff members, are speaking out about conditions at the skilled nursing facility, and seeking justice. A certified nursing assistant said they were not given PPE equipment until about a “two weeks ago,” and were working 16-hour shifts.

UPDATE (JUNE 2, 2020): 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.

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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.

To report cases of abuse locally, whether it is on your own behalf or that of someone you know, please call Adult Protective Services or 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

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MEDIA COVERAGE

Chain | Cohn | Stiles selected into ‘Best Law Firm’ category in 2020 Best of Kern County poll

April 29, 2020 | 6:00 am


Each year, Kern County nominates, votes on, and chooses the best restaurants, shops, services and people in our community through The Bakersfield Californian‘s “Best of Kern County” Readers’ Choice Poll. And each year since the category was introduced, Kern County selects Chain | Cohn | Stiles into the “Best Law Firm” category.

This year is no different.

Chain | Cohn | Stiles has been selected into the “Best Law Firm” category as a “favorite” in the 2020 “Best of Kern County” poll, with results announced in the May issue of Bakersfield Life Magazine.⁣ ⁣

“Thank you Kern County for voting Chain | Cohn | Stiles into the ‘Best Law Firm’ category yet again,” said David K. Cohn, managing partner and personal injury attorney with the law firm. “We remain committed to helping our injured neighbors day in and day out, and helping them move forward with their lives after their traumatic experiences. While helping put the pieces of their lives back together is reward enough, this recognition is truly icing on the cake.”

This is the eighth year in a row that the law firm has been selected into the “Best Law Firm” category. For more than 25 years, The Bakersfield Californian has conducted the Best of Readers’ Choice Poll to showcase the people, places and things that make Kern County truly unique. This year the listings contained 98 winners and 196 favorites.

You can see the complete poll results online here, or in the magazine version here. And you can find our Best of Kern County awards displayed proudly in our law firm lobby in downtown Bakersfield.

Besides the 2020 “Best of Kern County” results, Bakersfield Life Magazine also unveiled the latest additions to the “Best of Kern County Hall of Fame,” awarded to men, women, businesses, and organizations with a long history of excellence in their respective fields, and who also give back to our community. Chain | Cohn | Stiles was one of three inductees in the inaugural Hall of Fame class last year (joining the law firm was Urner’s, a local furniture store celebrating 100 years this year, and Jim Burke Ford, a local Ford dealership and one of the largest such dealerships in the country). This year’s class included Dewar’s Candy Shop, Luigi’s Restaurant, and Dignity Health

Similarly, earlier this year Chain | Cohn | Stiles was selected for inclusion in the 2020 “Best Law Firms” list by U.S. News & World Report. Law firms included in “Best Law Firms” list are recognized for “professional excellence with persistently impressive ratings from clients and peers,” according to U.S. News & World Report. Achieving a ranking “signals a unique combination of quality law practice and breadth of legal expertise.” A law firm must have at least one attorney who has received high enough peer reviews to be recognized in the current “Best Lawyers in America” program, which is the oldest and among the most respected attorney ranking services in the world. In fact, Chain | Cohn | Stiles has two attorneys selected as “Best Lawyers.” David K. Cohn, managing partner at the law firm, was selected into the personal injury litigation category of Best Lawyers in America, while James A. Yoro, senior partner at the firm, was selected into the workers’ compensation law listings. They join the top 5 percent of practicing attorneys in the United States in being selected.

Chain | Cohn | Stiles is an established and highly regarded personal injury and workers’ compensation law firm based in downtown Bakersfield since 1934, and today focuses on advocating for injured clients in the Central Valley and throughout California. Over the years, Chain | Cohn | Stiles has obtained more multi-million dollar awards and settlements than any other law firm in Kern County. It’s also the oldest personal injury law firm in the area. In all, the law firm has received more than half a billion dollars in the firm’s history on behalf of clients.

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, 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.

Dog bite prevention during the pandemic, and beyond

April 15, 2020 | 10:09 am


With more people taking walks around their neighborhoods and exercising outdoors to take a break from stay-at-home life during the conoravirus pandemic, it’s more important than ever to be aware of potential dangers while outside.

And that includes dangerous dogs or other animals roaming our streets.

This week is National Dog Bite Prevention Week, aimed to help educate the public and reduce the 4.5 million dog bites per year, most of them against children and a vast majority preventable. More than 800,000 people each year receive medical attention for dog bites, according to the U.S. Centers for Disease Control.

“Any dog can bite: big or small, young or old,” said Matt Clark, senior partner and personal injury attorney at Chain | Cohn | Stiles. “Even the sweetest pet can bite under certain circumstances. Let’s make sure we all do our part to respect pets, and they will respect us.”

 

HOW TO PREVENT DOG BITES

Most dog bites are preventable, and there are many things we can do at home and within our neighborhoods to help prevent them. But first, it’s important to know that dogs bite for a variety of reasons, including:

  • To defend itself or its territory.
  • Because they are scared or have been startled.
  • Because they feel threatened. T
  • To protect something that is valuable to them, like their puppies, food, or a toy.
  • Because they aren’t feeling well. They could be sick or sore due to injury or illness and might want to be left alone.
  • During play. Avoid wrestling or playing tug-of-war with your dog. These types of activities can make your dog overly excited, which may lead to a nip or a bite.

So, what can we do to prevent dog bites?

First, socializing your pet helps your dog feel at ease in different situations. By introducing your dog to people and other animals while it’s a puppy, it feels more comfortable in different situations as it gets older. It’s also important to use a leash in public to make sure that you are able to control your dog.

Second, educate yourself and your children about how to approach a dog.

Third, it’s important to know how to avoid escalating risky situations and to understand when you should and should not interact with dogs. You should avoid petting a dog in these scenarios:

  • If the dog is not with its owner
  • If the dog is with its owner, but the owner does not give permission to pet the dog
  • If the dog is on the other side of a fence—​don’t reach through or over a fence to pet a dog
  • If a dog is sleeping or eating
  • If a dog is sick or injured
  • If a dog is resting with her puppies or seems very protective of her puppies and anxious about your presence
  • If a dog is playing with a toy
  • If a dog is growling or barking
  • If a dog appears to be hiding or seeking time alone

Lastly, reading a dog’s body language also can be helpful. Just like people, dogs rely on body gestures, postures and vocalizations to express themselves and communicate. Dogs can give us helpful clues as to whether a dog is feeling stressed, frightened, or threatened.

Note: This year’s pandemic has brought on a new element. The U.S. Postal Service reported that with more children at home during school closures, incidents of dog attacks on postal carriers have a tendency to increase. When kids rush out the door to see a mail, a household dog often follows behind, leaving the carrier vulnerable to a dog attack. Pet owners, the service reported, are asked to wait for the carrier to leave before opening the door to get their mail or package. Dogs can slip between an owner’s legs while the door is open and attacking the carrier. The service recommends restraining dogs as mail carriers make personal deliveries.

 

WHAT TO DO IF YOU’RE BITTEN

If you are bitten by a dog, here is a checklist of things you should do:

  • If the dog’s owner is present, request proof of rabies vaccination, and get the owner’s name and contact information.
  • Clean the bite wound with soap and water as soon as possible.
  • Consult your doctor immediately or go to the emergency room if it’s after office hours.
  • Contact the dog’s veterinarian to check vaccination records.

And if your dog happens to bite someone, remember that you are responsible to help the person who has been bitten and to remove your dog from the situation.

  • Restrain your dog immediately.
  • Separate your dog from the scene of the bite.
  • Try to confine your dog in a safe place.
  • Check on the bite victim’s condition.
  • Make sure that the wounds are washed with soap and water.
  • Encourage the bite victim to seek professional medical advice to check on the seriousness of the wound and the risk of rabies or other infections.
  • Call 9-1-1 if a response by paramedics is needed.
  • Provide important information.
  • Give the bite victim – or others who are with the person at the time of the incident – your name, address and phone number, as well as information about your dog’s most recent rabies vaccination.
  • Obey local rules and laws regarding reporting of dog bites.
  • Talk to your veterinarian for advice about dog behavior that will help prevent similar incidents in the future.

 

DOG BITE CASES

The lawyers at Chain | Cohn | Stiles have decades of experience handling dog bite cases on behalf of victims.

Most recently, Chain | Cohn | Stiles filed a claim on behalf of the family of a second-grade student who was bitten on the face by a dog while in her classroom. Leilani, 8, suffered severe lacerations and tearing to her face when she was attacked by one of two large dogs visiting her classroom on May 9 at Wayside Elementary School (Bakersfield City School District) in south Bakersfield. The dogs belonged to a volunteer reader from the Kern County Superintendent of Schools Office.

The family alleges in the claim that Bakersfield City School District and the Kern County Superintendent of Schools Office negligently allowed the volunteer reader to bring into the classroom two dogs, and failed to supervise the dogs in a safe manner. As a result, Leilani suffered severe injuries. The family further alleges that the dog owner is strictly liable pursuant to California Civil Code section 3342 (Dog Bite Statute).

This case is a warning to school officials and parents toward allowing animals near young students on school campuses.

In another case, Chain | Cohn | Stiles resolved a lawsuit in 2016 on behalf of a Bakersfield woman for $2 million in what was the largest award for a dog bite case against a public entity in California at the time, according to VerdictSearch, a verdict and settlement database.

In this case, a 21-year-old was attacked by a K-9 dog accompanying a Kern County Sheriff’s deputy while outside of a restaurant in north Bakersfield. Responding to a domestic dispute, the deputy exited his patrol vehicle and began walking toward Casey. At that time, the K-9 exited the patrol car, ran toward Casey and began biting her for 60 to 90 seconds. Casey suffered several major bite wounds to her leg.

Investigation found that the K-9 escaped from its holding kennel in the back of the patrol car due to a mechanical defect inside of the car. The deputy agreed that the K-9 should not have been let out of the patrol car. In addition, the K-9 failed to respond to commands from the deputy to cease attacking.

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If you or someone you know is bitten or attacked by a dog, please contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

Coronavirus and the workplace: Benefits available to help impacted workers in California

March 18, 2020 | 6:00 am


The COVID-19 coronavirus outbreak continues to affect all aspects of everyday life in our country, including workplaces.

Businesses across the United States have temporarily closed or asked employees to work from home to stem the spread of the novel coronavirus. In Kern County, many are still being asked to go to work, while other workers are having to choose between staying home or going to work to get a pay check.

But what if you become ill or contract coronavirus due to work conditions? What benefits are available should you be out of work from illness associated with the virus?

Read below to learn what responsibility employers have to keep workers safe, benefits available to workers affected by the coronavirus outbreak, and steps you can take in the case you contract coronavirus from work.

 

Employer responsibility 

Workplace safety and health regulations in California require employers to protect workers exposed to airborne infectious diseases such as the coronavirus. Cal/OSHA has posted guidance to help employers comply with these safety requirements and to provide workers information on how to protect themselves.

Cal/OSHA’s Aerosol Transmissible Diseases standard (Section 5199) also requires protection for employees working at health care facilities, and other services and operations, including:

  • Hospitals, skilled nursing facilities, clinics, medical offices, outpatient medical facilities, home health care, long-term health care facilities, hospices, medical outreach services, medical transport and emergency medical services.
  • Certain laboratories, public health services and police services that are reasonably anticipated to expose employees to an aerosol transmissible disease.
  • Correctional facilities, homeless shelters, and drug treatment programs.

To protect workers and prevent exposure to viruses, employers must develop and maintain the required programs and plans for their facility or operation. More resources from Cal/OSHA to protect workers can be found by clicking here.

 

Coronavirus and workers’ compensation 

The workers’ compensation system in California is a no-fault system, meaning that an employee claiming a work-related injury does not need to prove negligence on the part of the employer. Instead, the employee need only prove that the injury occurred at work and was proximately caused by their employment.

But since the virus is not an “injury” per say, it is categorized as an “occupational disease.” To be an occupational disease, an employee must generally show two things:

  • The illness or disease must be “occupational,” meaning that it arose out of and was in the course of employment.
  • The illness or disease must arise out of, or be caused by, conditions peculiar to the work and creates a risk of contracting the disease in a greater degree and in a different manner than in the public generally.

Special consideration is given to health care workers and first responders, as these employees will likely enjoy a presumption that any communicable disease was contracted as the result of employment. This would also include nurses and physicians who are exposed to the virus while at the worksite.

For other categories of employees, benefits for a workers’ compensation claim will be determined on a case-by-case basis. The key point will be whether the employee contracted the virus at work and whether the contraction of the disease was “peculiar” to their employment. Even if the employer takes all of the right steps to protect the employees from exposure, a benefits claim may be determined where the worker can show that they contracted the virus after an exposure, the exposure was distinctive to the work, and there are no alternative means of exposure demonstrated.

As of now, an employee seeking workers’ compensation benefits for a coronavirus infection will have to provide medical evidence to support the claim.

Finally, states are taking action on this specific issue. Washington’s Department of Labor and Industries changed its policies for health care workers and first responders to “provide benefits to these workers during the time they’re quarantined after being exposed to COVID-19 on the job.” Other states may follow.

Update: On May 6, California Gov. Gavin Newsom signed an executive order made it easier for essential workers who contract COVID-19 to obtain workers’ compensations benefits. The order streamlined workers’ compensation claims and established a rebuttable presumption that any essential workers infected with COVID-19 contracted the virus on the job. In effect, the change shifts the burden of proof that typically falls on workers and instead requires companies or insurers to prove that the employees didn’t get sick at work.The change covers claims filed for 60 days from the May 6 announcement and is retroactive to claims filed as early as March 19. The new rules apply to workers who tested positive for COVID-19 within 14 days of performing work, or those who received a diagnosis within 14 days that was confirmed by a positive test no more than 30 days later. Employers have 30 days to rebut a claim.

 

Benefits available to infected workers

As discussed, if you are unable to do your usual job because you were exposed to and contracted COVID-19 during the regular course of your work, you may be eligible for workers’ compensation benefits.

Those benefits include temporary disability (TD) payments, which begin when your doctor says you can’t do your usual work for more than three days or you are hospitalized overnight, according to California’s Labor & Workforce Development Agency. You may be entitled to TD for up to 104 weeks. Those disability payments stops when either you return to work, your doctor releases you for work, or your doctor says your illness has improved as much as it’s going to. This generally pays two-thirds of the gross wages you lose while you are recovering from a work-related illness or injury, up to maximum weekly amount set by law.

In addition, eligible employees are entitled to medical treatment and additional payments if a doctor determines you suffered a permanent disability because of the illness.

 

Other work benefits 

If you get sick or are quarantined, here’s what you can do: First, California’s paid sick leave law provides time off to many workers. You are entitled to use whatever sick leave you have accumulated. But in the event of a particularly long illness, you may be eligible for disability benefits, provided your illness is certified by a medical professional.

California’s Employment Development Department will now waive the one-week waiting period for people who are disabled as a result of COVID-19, according to an executive order. The Employment Development Department also provides a variety of support services to individuals affected.

  • Caregiving: If you are unable to work because you are caring for an ill or quarantined family member with COVID-19, you can file a Paid Family Leave (PFL) claim. PFL provides up to six weeks of benefit payments to eligible workers who have a full or partial loss of wages because they need time off work to care for a seriously ill family member or to bond with a new child. Benefit amounts are approximately 60-70 percent of wages (depending on income) and range from $50-$1,300 a week. If you are eligible, the EDD processes and issues payments within a few weeks of receiving a claim.
  • Childcare: If you have child care concerns as a result of coronavirus, the California EDD says you may be eligible for benefits. If your child’s school is closed, and you have to miss work to be there for them, you may be eligible for Unemployment Insurance benefits. Eligibility considerations include if you have no other care options and if you are unable to continue working your normal hours remotely. File an Unemployment Insurance claim and our EDD representatives will decide if you are eligible.
  • Reduced Hours: If your employer has reduced your hours or shut down operations due to COVID-19, you can file an Unemployment Insurance (UI) claim. UI provides partial wage replacement benefit payments to workers who lose their job or have their hours reduced, through no fault of their own. Workers who are temporarily unemployed due to COVID-19 and expected to return to work with their employer within a few weeks are not required to actively seek work each week. However, they must remain able and available and ready to work during their unemployment for each week of benefits claimed and meet all other eligibility criteria. Eligible individuals can receive benefits that range from $40-$450 per week.
  • Exposed to Coronavirus: If you’re unable to work due to having or being exposed to COVID-19 (certified by a medical professional), you can file a Disability Insurance (DI) claim. DI provides short-term benefit payments to eligible workers who have a full or partial loss of wages due to a non-work-related illness, injury, or pregnancy. Benefit amounts are approximately 60-70 percent of wages (depending on income) and range from $50-$1,300 a week.

 

Message to our clients

Like all of you, we continue to closely monitor the COVID-19 outbreak around the world, and especially in our own community.

Chain | Cohn | Stiles remains dedicated to helping injured clients from throughout Kern County.

Our law firm prides itself on giving people direct access to the attorneys and staff who are working on their cases, and this will continue. Should you need to speak with our attorneys for any reason, we are available any time by phone, email, and chat on our website.

As for those who we’re currently helping with cases, we are still here for you. We ask that you call or email us with any questions you may have on your case. If we can respond to your questions or concerns over the telephone, or by way of email, we will make every effort to do so. In accordance with CDC recommendation we are trying to minimize in-person meetings, when possible. However, should you desire to meet with your attorney or other staff member in person, we will make every effort to accommodate that meeting.

As always, you can reach out to us at any time, 24 hours a day, 7 days a week. In the meantime, please take care of yourself and your family.

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If you or someone you know is injured in an accident at the fault of someone else, contract an illness at work, 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.

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MEDIA COVERAGE

New state Assembly Bill targets street racing, increasing penalties for dangerous activity

March 11, 2020 | 10:34 am


Outrage had been building in Bakersfield over widespread incidents of street racing, and it reached a boiling point after an alleged street racing crash killed a Bakersfield woman and injured two children riding with her in a minivan.

The issue hits close to home for Chain | Cohn | Stiles, which is representing one of the children who suffered major injuries in that November 2019 crash that killed 58-year-old Maria Blaney Navarro. Reckless driving is a nuisance in our neighborhoods at the very least, but it injures and kills too many innocent people each year.

It’s why Chain | Cohn | Stiles is in full support of a new state Assembly Bill 2565 introduced by Assemblyman Vince Fong of Bakersfield, and co-authored by Assemblywoman Laura Friedman of Glendale, that would bring additional penalties to those who publicly exhibit street racing behaviors.

“I authored this bill in response to what our local law enforcement officials have conveyed as a troubling and problematic trend in our neighborhoods,” Fong said in the statement. “We need to increase the penalties for illegal street racing activities to send a message that this activity will not be tolerated.”

Under AB 2565, acts such as engine-revving and burning out vehicle tires in front of a group of spectators could lead to suspension of a driver’s license. The bill would provide an additional tool for law enforcement as officials look to curtail street racing in Kern County and throughout the state.

Bakersfield Police arrested 50-year-old Ronald Dean Pierce in connection with the death of Navarro, and faces a second-degree murder charge, as well as suspicion of driving under the influence of alcohol, reckless driving causing an injury, and participating in an illegal speed contest. Police said he was racing a Mustang against another vehicle in southwest Bakersfield when he lost control of the vehicle and struck the van not involved in the race. The impact caused the van to spin out of control into oncoming traffic, where it was then hit by a crane truck, killing Navarro and injuring two grandchildren.

For years, residents in southwest Bakersfield had complained to police about the prevalence of street racing and parking-lot gatherings. After the fatal crash, police responded with overtime traffic enforcement targeting street racers.

Currently, street racing in California is a misdemeanor with penalties including a jail sentence, fine between $355 and $1,000, community service, suspension of your driver’s license, and impounding of vehicles. However, prior convictions for street racing or if someone is injured in the race could face “enhanced” penalties including more jail sentence, fines, and suspensions.

The Assembly Bill is pending referral to a policy committee for a hearing in the coming weeks.

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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.