Chain | Cohn | Stiles files wrongful death, elder neglect lawsuit after man drowns in senior living facility

July 6, 2016 | 10:10 am


Bob Fink loved to golf, to glide, and to spend time with his dog Molly and his family. He was married for 50 years, but when his love passed away in August of 2013, he moved to Bakersfield where his daughter lived.

His daughter Kathryn Dawson chose the Glenwood Gardens senior living facility (now known as Brookdale Riverwalk, Senior Living Solutions) as his new home. Fink was 77 and entering the early stages of dementia, in addition to being depressed from his wife’s passing. His seven kids thought the community at Glenwood Gardens would help him.

“We knew he was right there, and he was safe,” Dawson told KGET-17 News. “So we thought.”

On Aug. 1,  2015, the Kern County Coroner’s Office called the family and informed them that Robert Kenneth Fink had died. Fink had drowned in the pool at Glenwood Gardens.

It should have never happened. Residents must be cleared by a doctor to swim in the Glenwood Gardens pool, and, in fact, Fink had a letter from his doctor stating he should avoid the swimming pool.

Fink’s family, with the help of Bakersfield-based law firm Chain | Cohn | Stiles,  has filed a wrongful death lawsuit, claiming negligence and elder neglect in Fink’s death.

Chain | Cohn | Stiles attorneys David Cohn and Neil Gehlawat, who have vast experience with elder abuse and elder neglect lawsuits, spoke with KGET Channel 17 about the case.

“When incidents like this come up, then you start to wonder whether or not what they are saying in terms of what they provide is really true,” attorney Neil Gehlawat said.

Glenwood Gardens offers accommodations for independent living, assisted living, Alzheimer’s and Dementia care, and skilled nursing and rehabilitation. Concerned that Fink was unable to care for himself — as he would forget to eat meals and take his medications — his children decided it would be best for him to be admitted to a senior living community. Fink was admitted in March 2014.

But Fink was never authorized to use the pool, which needed a key for access. On Aug. 1, a receptionist handed Fink a key to the pool area. There were no lifeguards on duty.

“This is the only way that we think they’re actually going to learn their lesson from this and make changes so these kinds of things don’t happen again,” Gehlawat said.

The family, along with Chain | Cohn | Stiles, has filed a lawsuit for wrongful death damages, and funeral and burial costs.

MEDIA COVERAGE

Law firm files wrongful death claim in fourth deputy-involved fatal crash in four years

August 18, 2015 | 10:05 am


Chain | Cohn | Stiles recently filed a wrongful death claim against the County of Kern related to a Kern County’s Sheriff deputy involved crash with a motorcyclist. Local media covered a press conference hosted by Matthew C. Clark and Neil Gehlawat from the personal injury and workers’ compensation* law firm, which included the release of surveillance video of the crash.

Read below and click the links to see full coverage of the press conference and media mentions.

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(Bakersfield, Calif. – Aug. 12, 2015) For more than 20 years, Larry Eugene Maharrey, 59, worked for Golden State Drilling as a diesel mechanic to provide for his family. At his vigil, friends and family described him as “a good man” who would do anything for anyone in need. He especially enjoyed fishing and riding his motorcycle.

On July 14, Larry Maharrey was driving his motorcycle eastbound on Norris Road, when Kern County Sheriff’s Deputy Marvin Gomez abruptly made a left turn against a red light onto Airport Drive directly into Maharrey’s path. Maharrey was unable to avoid the collision with Deputy Gomez’s patrol vehicle, and died as a result of the crash.

Deputy Gomez violated KCSO policies and procedures by failing to pre-clear the intersection before turning left against a red light. In what has become a tragic and unfortunate trend, Maharrey’s death comes at the heels of another wrongful death lawsuit filed by Chain | Cohn | Stiles on behalf of the family of Nancy Garrett, who was struck and killed by KCSO deputy Nicholas Clerico.

Chain | Cohn | Stiles has filed a wrongful death claim against the County of Kern on behalf of Maharrey’s wife, Paula, and other family members. Attorneys Matthew Clark and Neil Gehlawat – joined by Maharrey’s widow – will host a press conference to discuss the filing of the claim. A copy of the claim will be provided to media, as well as surveillance video of the crash.

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During the press conference, Paula Maharrey, Larry’s wife of 14 years, described him as a “crack-up,” a family man who would give his shirt off of his back to a stranger, and an all-around “good man.”

“I miss him every day,” Paula Maharrey said during the press conference. “I just want the Kern County Sheriff’s Office to take responsibility for their actions, follow their own set rules, and train their staff better.”

This wrongful death claim against the County of Kern follows another wrongful death lawsuit filed by Chain | Cohn | Stiles on behalf of Nancy Joyce Garrett’s family. Nancy Garrett was driving home from a Dodgers game when she was struck and killed by Deputy Nicholas Clerico’s Kern County Sheriff’s Office patrol car. Chain | Cohn | Stiles also represented the family of Daniel Hiler, who was struck and killed by Sheriff’s deputy John Swearengin as he crossed the street.

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UPDATE, MAY 2018: Chain | Cohn | Stiles reached a settlement with the County of Kern on behalf of the family of Larry Maharrey. The parties agreed to a $3.8 million settlement in the wrongful death lawsuit.

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MEDIA COVERAGE

Claim filed against county in connection with fatal crash involving deputy (The Bakersfield Californian)

Family of man who died when his motorcycle hit a deputy patrol car has filed a wrongful death claim (KGET 17, NBC)

Kern County faces wrongful death claim in deputy crash (KBAK-KBFX 29-58, CBS-FOX)

Attorneys release video of fatal crash between KCSO deputy and motorcyclist (KERO 23, ABC)

Oildale man’s death comes as sheriff’s office tries to crack down on speed (The Bakersfield Californian – July 15, 2015)

Chain | Cohn | Stiles files lawsuit for family of woman killed in crash with Sheriff’s deputy

July 15, 2015 | 11:13 am


Chain | Cohn | Stiles has filed 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 patrol car operated by Deputy Nicholas Clerico struck and killed her.

The filing of the lawsuit is on the heels of the release of the California Highway Patrol’s Multidisciplinary Accident Investigation Team (MAIT) report regarding the crash that occurred on Sept. 28, 2014, at the intersection of North Chester Avenue and China Grade Loop in Oildale. The report finds Deputy Clerico at fault in the crash, and the CHP report recommended that a vehicular manslaughter charge be filed against the deputy.

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.

Chain | Cohn | Stiles attorney Matt Clark was joined by Garrett’s grown children, Mark McGowan and Deborah Blanco, for press conference on July 9 to discuss the case, the 230-page MAIT report, and the lawsuit.

To view media coverage of the crash involving Garrett and Clerico and Chain | Cohn | Stiles representation of Garrett’s family, click here. To see media coverage following the press conference and filing of the lawsuit, view them below.

The unveiling of the MAIT report, the filing of the lawsuit by Chain | Cohn | Stiles and subsequent media coverage of the wrongful death case also comes in the midst of yet another tragic crash involving a Kern Count Sheriff’s deputy.

A 59-year-old motorcyclist Bakersfield man riding a motorcycle died Tuesday evening in Oildale when his motorcycle struck a patrol car driven by a deputy responding to an emergency call, according to local media reports. The crash is under investigation.

The crashes and lawsuits also come just a few years following another high-profile case represented by Chain | Cohn | Stiles involving a fatal crash with a Kern County Sheriff’s deputy.

On Dec. 16, 2011, Kern County sheriff’s deputy John Swearengin struck and killed Daniel Hiler, 24, and Chrystal Jolley, 30, 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. Chain | Cohn | Stiles sued the County of Kern on behalf of the families, and settled last year for $8.8 million.

In the lawsuit related to Nancy Garrett, her family and attorneys are asking for changes within the sheriff’s department in how deputies are trained properly throughout Bakersfield and other communities across Kern County.

UPDATE – FEBRUARY 2020: The case has been 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.

UPDATE – JUNE 2020: The case has been resolved through a settlement.

 

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PRESS CONFERENCE MEDIA COVERAGE

LAWSUIT MEDIA COVERAGE

SETTLEMENT COVERAGE

CCS represents family of woman killed in crash with Sheriff’s deputy

October 6, 2014 | 9:07 am


On Sept. 28, 72-year-old Nancy Joyce Garrett was driving her vehicle at the intersection of North Chester Avenue and China Grade Loop in Oildale when she was struck and killed by a Kern County Sheriff’s Department patrol vehicle. Garrett’s family has retained the Bakersfield personal injury law firm Chain | Cohn | Stiles.

Below is the news release sent by CCS to local media, followed by the subsequent various news coverage:

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Chain | Cohn | Stiles represents family of woman killed in crash with Sheriff’s deputy

Bakersfield, Calif. (Oct. 1, 2014) – By all accounts, Nancy Joyce Garrett was a friendly neighbor, a caregiver for our community, an active blogger, and most importantly, the pillar of her family. Nancy, 72, had been a drug and alcohol counselor for the Kern County Mental Health Department, and had also volunteered her time as a substance abuse counselor for STEPS, a local nonprofit that provide DUI awareness services.

Nancy passed away early Sunday morning when Kern County Sheriff’s Deputy Nicholas Clerico collided with the vehicle she was driving at the intersection of North Chester Avenue and China Grade Loop in Oildale. She had just returned to Bakersfield from a Los Angeles Dodgers baseball game she attended with her family and friends.

Nancy leaves behind a son, Mark, and a daughter, Deborah, along with grandchildren and great-grandchildren.

Ms. Garrett’s family has retained the Bakersfield personal injury lawyers at Chain | Cohn | Stiles to represent them in this case. Her family is still mourning and requests that their privacy be respected at this time.

Mark McGowan, her son, stated: “We are all devastated. My mother was the most loving woman that you could ever meet. To see her go like this, under such tragic circumstances, breaks our heart. We hope that with time the truth is revealed and that future tragedies like this never happen again. In the meantime, the family requests that the media and members of the public respect our privacy out of deference to my mother.”

The California Highway Patrol’s MAIT Team is currently conducting an investigation of the collision.

Partner Matthew C. Clark added: “What we know at this time is that Nancy Joyce Garrett was a wonderful human being who had devoted her life to giving back to the community. Our hope and expectation is that the CHP will conduct a thorough investigation of this collision. We will not rush to any conclusions in the meantime, and we ask that the public do the same. But we promise to get to the bottom of what happened, and of course, as we learn more about the collision, we will share that information with the public.”

Chain | Cohn | Stiles also represented the family of Daniel Ace Hiler, who was hit and killed by Kern County Sheriff’s Deputy John Swearengin more than two years ago. That case resulted in a combined $8.8 million settlement.


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

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

For more information, go to chainlaw.com, and visit our blog to stay up to date on firm news: chainlawblog.com. Find us on Facebook, Twitter (@chainlaw), Instagram, LinkedIn, Yelp, Pintrest and Google+

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This crash has been covered extensively by Kern County media. Below are some of the news articles and videos of the crash, and the coverage following the news release.

Following the release to local media, several local media outlets informed the public of the news.

And lastly, CCS attorney Matthew Clark spoke with The Bakersfield Californian’s CEO Richard Beene on the live streamed news show “First Look with Scott Cox” regarding the case. Catch the coverage here:

‘Walk/Run Like MADD’ article, ad featured in new Bakersfield Life magazine

September 2, 2014 | 9:44 am


UPDATE: Several local media outlets have also made mention of the upcoming Walk/Run Like MADD. See the coverage below.

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The September issue of Bakersfield Life Magazine was unveiled on Saturday, and included in the Saturday edition of The Bakersfield Californian. The magazine featured an advertisement for the upcoming Walk Like MADD — sponsored by the Bakersfield personal injury law firm Chain | Cohn | Stiles, and also included an article on the significance of Bakersfield’s first-ever 5K MADD walk and run.

The article and ad’s messages were even more important following this tragic weekend’s DUI-related crash. Read more about the fatal crash below.

The “Walk/Run Like MADD” 5K is being brought to Bakersfield by Mothers Against Drunk Driving Kern County on Saturday, Sept. 20 at the Park at River Walk. It’s aimed to raise awareness of drinking and driving crashes in Kern County, to raise money to support local victims and their families, and to fight to end drinking and driving in Bakersfield.

Currently, more than 175 participants have raised $22,600 for the walk. and run. The event is also sponsored by various community partners. They are Dignity Health, Chain | Cohn | Stiles, Bakersfield Police Officers Association, Kern County Prosecutors Association, Ira Cohn of USB Financial, Comprehensive Blood & Cancer Center, Kern County Bar Association and Aum Physical Therapy.

There is still time to sign up to participate, donate, volunteer or sponsor in the Walk/Run Like MADD. For more information, go to Bakersfield’s MADD website here.

Tragic weekend

The MADD ad, article and messages in the magazine were featured during a tragic weekend involving yet another fatal crash in Kern County involving alcohol.

Two people were killed in a fiery crash early Saturday morning when a suspected drunken driver slammed into the back of their car on Rosedale Highway, according to media reports. A third person was pulled from the burning car by passersby near the scene of the crash. That person suffered serious burn injuries and was taken to a hospital, media reported. The suspected drunken driver, 29-year-old Dontrell Collins, was booked on suspicion of felony drunken driving resulting in injury or death and vehicular manslaughter, police reported.

Collins, in a jailhouse interview with KERO Channel-23, said he didn’t remember anything from the night. Family members decried Collins for drinking and driving. Read the various media coverage of the incident below:

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Below is media coverage regarding the upcoming MADD event:

  • Grieving families, advocates plead for end to drunken driving (KBAK-KBFX, 29-58, BakersfieldNow.com)
  • Bakersfield Life Magazine featured an article about the walk and shared the stories of families of victims of drunken driving crashes. You can read the article here.
  • Kern County Deputy District Attorney David Wolf and Chain | Cohn | Stiles marketing director Jorge Barrientos — both part of the MADD walk planning committee — joined Sheri Ortiz on The Groove, 99.3, KKBB. Listen to the spot here.
  • KERO Channel 23 is currently running promos of the event.
  • Chain | Cohn | Stiles attorney Matt Clark and Kern County Deputy District Attorney Brandon Stallings appeared on the live stream show First Look with Scott Cox to discuss the problem of drinking and driving in Bakersfield, and encourage local residents to join in on the MADD walk. Watch the video here.
  • Eyewitness News (KBAK and KBFX, Channels 29 and 58) recently ran a story on the event following a DUI-related fatal Labor Day crash. The spot featured Mothers Against Drunk Driving Kern County victim advocate Carla Pearson. You can watch that here.
  • Chain | Cohn | Stiles marketing director Jorge Barrientos — who is part of the planning committee for the Walk/Run Like MADD — spoke with KGET Channel 17 Friday morning, Sept. 12.