Chain | Cohn | Stiles represents family of boy who collapsed, died in Delano school

May 20, 2015 | 5:32 pm


Thirteen-year-old Jose Manuel Beltran was participating in physical education class on Jan. 26 at his school’s gymnasium in Delano when he collapsed.

Moments later, the eighth-grader was pronounced dead.

How and why exactly are just some of the questions that the attorneys at Chain | Cohn | Stiles will figure out for the family of Jose Manuel Beltran. The law firm is representing the family in a potential wrongful death lawsuit against the Delano Union School District.

Chain | Cohn | Stiles attorney Neil Gehlawat spoke with The Bakersfield Californian recently regarding Jose’s death, and the questions that remain four months after his death. In the article, which appeared on the front page of the May 17 edition of The Bakersfield Californian, he stated:

“We need more information at this point … Was Jose given medical assistance? If so, was it timely? If there was a significant delay, did that delay in treatment cause his death?”

He added:

“Our approach is not to file a lawsuit no matter what. Our approach is to get more information.” 

The questions relate to how the emergency call was handled following Jose’s collapse, and the how much time elapsed between that call and arrival of first responders. Records show that the initial 911 call was routed to Canada before being transferred to Kern County Fire Department communications center. Additionally, there appears to be a delay in district medical personnel responding to attend to Jose, who was said to by “facing down, his back towards the sky” when a district nurse arrived to attend to him, The Californian reported.

In order to establish liability in a wrongful death action, a plaintiff must show that the death was caused by the negligence or unlawful conduct of the defendant.

The family has been devastated by the loss of their son, and they’re looking for the facts, Gehlawat told The Californian.

“I think when a parent has lost a child in such a tragic fashion, I think at the very least, they should get the reports …  We should have time stamps showing when the 911 call was made.”

As of now, many of the questions remain unanswered. But Chain | Cohn | Stiles is committed to finding the answers for the family of Jose Manuel Beltran. 

To read the complete article from The Bakersfield Californian, click here. And to see more news reports on this case, click the links below:

* Editor’s Note: Neil Gehlawat is no longer an attorney with Chain | Cohn | Stiles *

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If you or someone you know has been injured due to the fault of another, contact the personal injury or workers’ compensation* attorneys at Chain | Cohn | Stiles at 661-323-4000, or visit the website chainlaw.com.

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

July 15, 2014 | 9:33 am


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

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

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

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

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

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

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

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

See media reports about the case here:

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

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

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

May 8, 2014 | 10:50 am


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

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

The news release is as follows:

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May 8, 2014

NEWS RELEASE

FOR IMMEDIATE RELEASE

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

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

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

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

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

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

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

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

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

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

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NEWS COVERAGE

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

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

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

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

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

 

What’s new at CCS?

March 24, 2014 | 10:45 am


What is there to celebrate at Chain | Cohn | Stiles? A whole lot.

Let’s start first with our 80-year anniversary! Then we can celebrate our new website redesign, our partnership with the city to keep our local roads clean, and recent media coverage of our case settlements.

This morning we sent out the latest in what will be a quarterly newsletter, focusing on all the news and happenings at your law firm, in and around Bakersfield.

To read the latest newsletter, go HERE.

And don’t miss the next newsletter. Scroll to the bottom of this page, and put in your email address to sign up! Or simply click HERE.

We thank each of you for your support.

CCS, MADD Kern County partner to help keep streets safe

March 17, 2014 | 10:13 am


St. Patrick’s Day is the second most dangerous time of the year for drunk driving fatalities, just behind New Year’s Day. And according to the National Highway Traffic Safety Administration, 79 people in the United States were killed in drunk driving crashes on St. Patrick’s Day in 2012. This represents 48 percent of all highway fatalities for that time period, the second highest percentage of the year.

At Chain | Cohn | Stiles, we’re committed to helping keep our streets safe. This year, the lawyers and staff at the law firm are taking part and helping organize the first ever “Walk Like MADD” in Bakersfield. We’ve partnered with Mothers Against Drunk Driving Kern County and various local law enforcement agencies to bring awareness locally to the dangers of drinking and driving, and raise funds to help local victims of drunk driving.

MADD Kern County leader and CCS friend Carla Pearson recently spoke with KGET-17 about the dangers and effect of drinking and driving locally. Today, the news station featured Pearson, discussed recent DUI tragedies, and highlighted how law enforcement agencies are tackling the issue today on St. Patrick’s Day. Watch the news clip by clicking HERE.

To learn what you can do if you’re ever the victim of a drunk driving accident, go HERE.