Walnut Creek Personal Injury Attorney Blog

One year ago, 63 year old Jean Marie Arbelbide died at a parking lot for the San Francisco International Airport by drowning. Tuesday, his family filed a lawsuit against South San Francisco in the San Mateo County Superior Court.

On March 29th 2012, Arbelbide traveled to the parking lot to perform maintenance. When he didn’t come home, his family called the police and reported him missing. His car was found at the lot, and his body two days later.

Arbelbide, a self-employed gardener from San Bruno, was spraying weed-killer in the parking lot when some rotten plywood gave out beneath him. What he fell into was revealed to be a nine foot deep pit filled with stagnant water. This hole was referred to as “leftover infrastructure,” originally used to block water flow to nearby docks, which would allow boat owners to maintain and work on their vessels.

The site located on North Access Road, just north of the airport, played a major role in the death of Arbelbide. The family claimed in their suit that South San Francisco, the owner of that particular property, and the group that runs the parking lot, failed to warn of or protect the public from possible hazards. If there had been warnings present, they state that Arbelbide would not have drowned in a nine foot pit without any help to be had.

South San Francisco City Attorney Steve Mattas said that Arbelbide’s death was an unfortunate and horrible accident, but the city was in no way responsible. He stated that the tenants are liable, under the terms of lease, for the maintenance of the property. Thus far, attempts to reach Robert E. Simms, the owner of the lot, have proven unsuccessful.

The coroner’s report confirmed that he had drowned, and that the 30-40 pounds worth of weed-spraying equipment on his body likely attributed to his death. This equipment was found on his body when he was discovered.

Arbelbide was originally from France’s Basque country, and lived in San Mateo County for more than 40 years. His body was returned to France for burial, according to his obituary.

At O’Connor, Runckel & O’Malley, we represent clients who have lost loved ones due to others negligence. With nearly 50 years of litigation and trial experience, we are not afraid to take anyone to trial that has wrongfully caused the death of your loved one, spouse, child, or family member. While most cases involving wrongful death settle out of court, when bringing a wrongful death suit to court, we work closely with our clients to present a full picture of the loss that surviving family members have suffered. We work to make sure you and your loved ones are receive the Fair Compensation that you are entitled too. That compensation will include present and future wages, medical expenses, and funeral costs, but it will also include loss of love, guidance and companionship, moral support, and financial support.

If you have lost a loved one in an accident caused by another, you may be eligible to seek a remedy and payment. Protect your rights, contact an experienced trial lawyer. When you call the law offices of O’Connor, Runckel & O’Malley, you will be talking with an attorney who has spoken with hundreds of people in your similar circumstance. You will be treated with the respect and sympathy you need during your time of heartbreak and anguish.

(Source: Inside Bay Area)

The destructive 2012 gas pipe explosion in San Bruno that claimed eight lives and destroyed 38 homes has yielded a multitude of lawsuits against PG&E. In a settlement with the Greig family, PG&E agreed to strengthen its gas pipeline safety regulations. The utility must maintain closer observation of the lifespan of its pipelines, and must calculate a minimum safe lifespan for pipes in populated areas. This will allow PG&E to identify weaker or aged pipes and replace them before they become dangerous, potentially preventing incidents like the one in San Bruno.

The Greigs will be able to receive an audit of the company’s progress on these changes, and can prompt mediation talks if they see that the utility is not holding its end of the settlement. The family will receive regular reports describing progress made.

The deadline for these changes is set on December 31st, 2015, or whichever date is decided on by the California Public Utilities Commission. PG&E states that it has already begun following the new requirements, but the process will be an ongoing effort.

According to Federal investigators working for the National Transportation Safety Board, PG&E’s records were so poorly kept that they couldn’t detail several important features of the faulty pipe running under San Bruno. This negligence directly led to the devastating explosion.

More than 110 people who sued the utility reached confidential settlements with PG&E, though over 330 complaints are still awaiting trial. San Mateo County Superior Court Judge Steven Dylina has recently begun working on these at a steady pace, and is dealing with motions on evidence. Opening arguments are to begin on March 11th.

The Greig family lost 44 year old Jaqueline and 13 year old Janessa in the explosion, which occurred 200 feet away from their home. James had taken his older daughter Gabriela to a tennis match. The two survivors are now actively involved in charity work revolving around the San Bruno blast.

At O’Connor, Runckel & O’Malley, we represent clients who have lost loved ones due to others’ negligence. With nearly 50 years of litigation and trial experience, we are not afraid to take anyone to trial that has wrongfully caused the death of your loved one, spouse, child, or family member. While most cases involving wrongful death settle out of court, when bringing a wrongful death suit to court, we work closely with our clients to present a full picture of the loss that surviving family members have suffered. We work to make sure you and your loved ones are receive the Fair Compensation that you are entitled too. That compensation will include present and future wages, medical expenses, and funeral costs, but it will also include loss of love, guidance and companionship, moral support, and financial support.

The attorneys at O’Connor, Runckel & O’Malley are well known and respected throughout the legal community and among our clients. From our offices in Contra Costa County, San Francisco and Sacramento, we serve clients throughout Northern California. Our experience and expertise are available to you.

(Sources: Inside Bay Area)

Three individuals were struck by a vehicle on Sunday, October 7th in a Daly City church parking lot, resulting in one death and two hospitalizations.

According to witnesses, the driver of a 2007 Toyota minivan (name unreleased) lost control of her vehicle and mounted the curb, pinning a girl, her mother, and another woman underneath.

Six people attempted to move the vehicle manually, but were unsuccessful. Eventually, a jack was used to unpin the three victims, and they were immediately moved to San Francisco General Hospital.

Six year old Danielle Naval of Daly City died of her injuries not long after hospitalization. The other two women are still recovering.

It not known whether or not the driver of the minivan will be. The Daly City police are still investigating the cause and circumstances of the crash.

A wrongful death is a death caused by a negligent, careless, intentional or reckless act of another person or corporation. All states guarantee the right to compensation for families and children of those who are killed in a wrongful death. If you have lost a loved one in an accident caused by another, you may be eligible to seek a remedy and payment. Protect your rights, contact an experienced trial lawyer.

At O’Connor, Runckel & O’Malley we offer caring and compassionate legal help during difficult times. Our attorneys have helped many grieving families achieve compensation in wrongful death cases. If you have lost a loved one, spouse, child, or family member due to a wrongful death, the anguish and heartache is unspeakable.

Experiencing the death of a loved one is an extremely difficult time and we understand that nothing can truly compensate you for the loss of your loved one. When you call the law offices of O’Connor, Runckel & O’Malley, you will be talking with an attorney who has spoken with hundreds of people in your similar circumstance. You will be treated with the respect and sympathy you need during your time of heartbreak and anguish.

Sept 8, Walnut Creek, CA

At about 6:15p.m. on Saturday, a red pickup truck driven by Walnut Creek resident Hossein Tabrizi, 53,  struck four individuals on North Main Street and Parkside as they walked near the Marriott Hotel.

Witness accounts to police suggest that Tabrizi was heading south on Main Street when he shifted onto the west side sidewalk, slammed into a street light and retaining wall, and came to a stop as the vehicle was stuck between the two.

Of the people  struck, two were severely injured, resulting in one death at the scene. The younger woman was struck so hard that she was flung to a nearby parking lot. She was recovered and taken to a local hospital.  Sherry Hicks, 52, of Santa Barbara was thrown 30 to 40 feet into the median in the center of the street.  She died at the scene

The driver, Hossein Tabrizi, 53, was arrested under suspicion of vehicular manslaughter after he was pulled from the crashed truck and treated at a hospital. He has a record of drunk driving (DUI) offenses.

As a result of the accident, Main Street was closed for several hours before being reopened on the same day.

Anyone with information regarding the incident is requested to come forward and call the Walnut Creek Police at (925)943-5844

At O’Connor, Runckel & O’Malley, we represent clients who have lost loved ones due to others’ negligence. With nearly 50 years of litigation and trial experience, we are not afraid to take anyone to trial that has wrongfully caused the death of your loved one, spouse, child, or family member. While most cases involving wrongful death settle out of court, when bringing a wrongful death suit to court, we work closely with our clients to present a full picture of the loss that surviving family members have suffered. We work to make sure you and your loved ones are receive the Fair Compensation that you are entitled too. That compensation will include present and future wages, medical expenses, and funeral costs, but it will also include loss of love, guidance and companionship, moral support, and financial support.

The attorneys at O’Connor, Runckel & O’Malley are well known and respected throughout the legal community and among our clients. From our offices in Contra Costa County, San Francisco and Sacramento, we serve clients throughout Northern California. Our experience and expertise are available to you.

(Sources: Mercury News, 2, NBC, Contra Costa Times)

Hayward, CA

Highway 238′s traffic has slowed to a crawl due to a pileup of two big rigs and a car that cause the death of at least one person.

Around 5:24a.m. a sedan struck two big rig trucks, becoming trapped under one while causing the other to leak gas.

The Alameda Country Fire crews tried to extract the driver of the smaller vehicle that had become trapped underneath one of the big rigs as of 5:45a.m., but without success. He was pronounced dead at the scene at 6:30a.m.

The California Highway Patrol received the report at approximately 5:20a.m. on northbound Highway 238, near the Interstate Highway 880 connector and south of Hesperian.

The crash caused major traffic (right lane blocked, left lane on-ramp shut down) on Highway 238 until the site was cleared at 8:23a.m.

Truck accidents result in more traumatic injuries and a larger number of deaths than all other traffic accidents in the United States.

Reasons for accidents involving 18 wheelers:

• Negligence on the part of the truck driver
• Negligence of other drivers involved in the accident
• Failure to inspect brakes, tires and lights
• Tailgating
• Falling asleep at the wheel. Long work-shifts that cause driver fatigue
• Cell phone use
• Failure to install blind spot mirrors
• Jackknifing
• Speeding and ignoring reduced truck speed limit

Passenger cars Safety tips:

• Keep as much space as possible between your vehicle and large trucks.
• Do not linger alongside a truck; you may be in the trucker’s blind spot.
• Do not cut in front of a truck. Trucks take longer to stop.
• Do not tailgate a large truck. If you are following a truck and cannot see the truck’s side mirrors, the driver cannot see you.
• Always give trucks plenty of room when they are turning.

At O’Connor, Runckel & O’Malley we have over 50 years of experience and a proven track record of success. If you or a loved one has been the victim of trucking or big rig accident and would like to speak with an attorney, please contact us. We are here to answer your questions and discuss how to protect your legal rights.

(Source: Patch, KTVU, ABC)

On July 4th at about 9:35 PM, a vehicle hit an unidentified cyclist in East Oakland, killing him. Police reported that the vehicle didn’t stop, even after dragging the cyclist for around 100 feet. The victim was pronounced dead at the scene.

Witnesses reported a dark silver, late model sedan with a broken windshield leaving the scene on International Blvd., near 81st Ave. Skid marks at the scene indicate that the driver knew he or she had hit something, said a police spokesperson.

Investigators will soon search the area and pull surveillance videos from streets and nearby stores to see if a clear image of the vehicle was recorded.

Police and Crime Stoppers of Oakland are offering up to $10,000 in reward money for information leading to the arrest of the driver. Anyone with information may call police at 777-8570 or Crime Stoppers at 510-777-8572 or 510-777-3211.

When a bicyclist is hit by a car, the potential for serious injury or even death is significant. Although cycling accounts for less than 1% of all trips in this country, bicycle deaths make up 2% of total traffic deaths. Factors such as driver inattention can be deadly to even the most experienced bicyclist.

Because personal injury cases can be very complex, you need an experienced and aggressive attorney to successfully handle them. The attorneys at O’Connor, Runckel & O’Malley have the necessary experience. With over 50 years of trial experience we are not afraid to take anyone to trial that has wrongfully injured one of our clients. Contact us now for a free consultation with a personal injury attorney.

(Sources: SF Gate 2, Mercury News, CBS)

 

On March 29th, 36 year old software developer Chris Bucchere allegedly ran a red light and crashed his bicycle into Sutchi Hui (71), who was walking with his wife in a crosswalk in San Francisco’s Castro District. Bucchere is being charged with felony vehicular manslaughter, which is unusual for an accident of this kind. He has pleaded not guilty to the charge.

Bucchere’s speed has been judged, through witness testimonials and a video surveillance, to be around 35 miles per hour. Prosecutors plan on using an electrical speed monitoring device attached to his bicycle as evidence against him.

It is suspected that Bucchere himself is the author of an online blog post, in which he recalls that he was too committed to stop at the traffic light that preceded the accident.

Witness reports also suggest that that Bucchere had ignored several stop signs in an attempt to set a speed record for the popular bike route in that area.

He is currently free on a $150,000 bond and is due back in court July the 27th, when the judge will schedule his preliminary hearing.

This is the third fatal bicycle accident in the Bay Area in the past year. The 71% increase in bike traffic in San Francisco over the past 5 years may account for the increase in bicycle related fatalities over the same period.

A wrongful death is a death caused by a negligent, careless, intentional or reckless act of another person or corporation. All states guarantee the right to compensation for families and children of those who are killed in a wrongful death.

At O’Connor, Runckel & O’Malley, we represent clients who have lost loved ones due to others negligence. With nearly 50 years of litigation and trial experience, we are not afraid to take anyone to trial that has wrongfully caused the death of your loved one, spouse, child, or family member. While most cases involving wrongful death settle out of court, when bringing a wrongful death suit to court, we work closely with our clients to present a full picture of the loss that surviving family members have suffered. We work to make sure you and your loved ones are receive the Fair Compensation that you are entitled too. That compensation will include present and future wages, medical expenses, and funeral costs, but it will also include loss of love, guidance and companionship, moral support, and financial support.

The attorneys at O’Connor, Runckel & O’Malley are well known and respected throughout the legal community and among our clients. From our offices in Contra Costa County, San Francisco and Sacramento, we serve clients throughout Northern California. Our experience and expertise are available to you.

(Sources: Reuters, WHTC, SF Gate, Event Horizon)

Data collected by the National Safety Council points to a 12% increase in fatalities from motor vehicle crashes from the first three months of 2011 to the same period in 2012. The leap from an estimated 7,270 to 8,170 traffic deaths is speculatively attributed to improving economy and a mild 2012 winter.

Definitive answers are not yet readily available, but the increase in miles driven across the nation as a result of the improved economy may be a contributing factor to the increase in vehicular crashes. The milder winter may also have encouraged more vehicular mobility among motorists and businesses.

The National Safety Council will be closely observing their monthly traffic fatality estimates to see as to whether or not the mild winter was a temporary factor, and if others factors including the improving economy are causing the apparent national increase in accidents.

Auto accidents are the leading cause of death and injury in theUnited States. About 115 people die every day in vehicle crashes in theUnited States– one death every 13 minutes. Victims of car accidents that are the result of another driver’s negligence or reckless behavior may be entitled to compensation.

At O’Connor, Runckel & O’Malley we have 50 years of litigation and trial experience. We have the expertise and a proven track record of success. If you or a loved one has been the victim of motor vehicle negligence and would like to speak with an attorney, please contact us. We are here to answer your questions and discuss how to protect your legal rights.

(Source: National Safety Council)

Antioch, CA

Six sisters who had been sexually abused by their parents virtually every day since they were toddlers say that their nightmare grew more horrific as the people they counted on to rescue them — police, child-welfare workers, their church pastor — failed to deliver.

Bruce “Zion” Dutro, 51, was sentenced to 300 years in state prison, and his 49-year-old wife was sentenced to 15 years in 2011 after taking a plea deal in what veteran sex crimes prosecutor Paul Graves called the worst child sex abuse case in memory to go through Contra Costa County courts.

A year after their parents were imprisoned for sex crimes spanning 20 years, the Dutro sisters — Glenda Stripes, Amber and Sarah Dutro, Martha McKnelly, Frances Smith and Christina Moore — are now suing the people and agencies they say failed to protect them as children by not following laws and procedures for handling child abuse.

“Every one of the agencies had the duty and power to save these girls, and every one failed them,” said the sisters’ attorney, Jason Runckel, founding partner of O’Connor, Runckel & O’Malley. “They made their father untouchable. The girls never had a voice.”

The lawsuit, filed in Contra Costa Superior Court last week against Contra Costa County, city of Antioch, Calvary Open Bible Church in Antioch, and seven individuals who are either current or former CPS, police department or church employees. It alleges the defendants were negligent and failed to fulfill state-mandated duties that, if done, would have spared the Dutro children years of further abuse.

“We came forward because we didn’t want it to happen to another child,” said Sarah Dutro, 28. “We didn’t know until the case was over how badly everyone screwed up before.” The suit asks for an undisclosed amount for past and future medical bills, and pain and suffering for the sisters, each of whom suffers from severe psychological disorders as a result of the abuse. Now adults with 12 children among them, the sisters gave permission to reveal their names in this story.

The 22-page civil complaint names defendant Mark Wood as the pastor whom Stripes first told about the abuse Aug. 2, 1995, and claims his immediate tipoff to the parents afforded them time to condition their daughters to lie to authorities.

That same day, the parents locked up five of the girls in one bedroom and Glenda in another, the victims said. For 16 days, until police sent CPS to the house Aug. 18, 1995, the sisters said they were beaten, starved, sleep-deprived and brainwashed on what to say to authorities. Young Glenda, meanwhile, was subjected to the same torture between rapes.

Wood, Stripes and her parents first went to the Antioch Police Department six days after the 14-year-old had confided in Wood. Officer William Dee noted in his police report that he was instructed by Detective Demetree Barakos before the meeting not to arrest Bruce Dutro, and so he sent the family home after obtaining a confession from the father, said Runckel, the sisters’ attorney. Both Barakos and Dee are defendants in the lawsuit. It was another officer who called Bruce Dutro back to the Police Department on Aug. 18, 1995, and sent CPS to the house after obtaining a second confession.

“They actually apologized to my parents for being there, as if it was an inconvenience,” said McKnelly, 26.
Bruce Dutro pleaded to one count of child molestation for fondling Stripes, when in reality he was raping her, she said, and he spent four days in jail before being sentenced Nov. 1, 1995, to three years of probation. The judge ordered him to register as a sex offender and obey all CPS orders.

For the first six months of his probation, Bruce Dutro lived in an apartment near the family home. Glenda Lea Dutro moved in with him, leaving their daughters by themselves at the house with little food. Like many times in the course of their childhood, the Dutro girls were not enrolled in school.

At night, their mother would bring one of them to the apartment to have sex with their father. Had anyone from the county ever visited the house as they were supposed to, they would have at minimum learned that the girls were living without adult supervision, Runckel said.

“My father told me after 1995 and he was slapped on the wrists, every time he molested me, it was like laughing in their face,” Stripes said. “It’s not about getting money. I want things to change so no child has to go through what I went through.”

O’Connor, Runckel and O’Malley is a law firm dedicated to the protection of the victims of sexual abuse.

(Source: Contra Costa Times)

Police investigation has yet to bring up any concrete evidence in the case of the teen driver of the SUV that hit several bicyclists on April 7th. Nine year old Hadessa and 41 year old Solaiman Nuri were killed outright in the crash, but Hadessa’s 12-year old sister left the scene with very minor injuries.

Toxicology tests are still underway, and investigators are still gathering witness accounts, examining physical evidence, and pulling cell phone records to discover just why the accident occurred. Prosecutors are taking their time with the investigation because they want to gather enough information to decide how to charge the teen. It is speculated that the case will be presented to the District Attorney’s Office in under two weeks.

A neighbor of Aborlando Drive in Walnut Creek suspects that the seventeen year old was one of the teens cited for alcohol possession a week prior during a party. It has been pointed out that the license plate of the white Escalade (March 31st alcohol possession incident) matches that of the white Escalade involved in the April 7th double fatality crash. Police are looking into this connection.

(Sources: Danville Patch, Mercury News)

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A wrongful death is a death caused by a negligent, careless, intentional or reckless act of another person or corporation. All states guarantee the right to compensation for families and children of those who are killed in a wrongful death.

At O’Connor, Runckel & O’Malley, we represent clients who have lost loved ones due to others negligence. With nearly 50 years of litigation and trial experience, we are not afraid to take anyone to trial that has wrongfully caused the death of your loved one, spouse, child, or family member. While most cases involving wrongful death settle out of court, when bringing a wrongful death suit to court, we work closely with our clients to present a full picture of the loss that surviving family members have suffered. We work to make sure you and your loved ones are receive the Fair Compensation that you are entitled too. That compensation will include present and future wages, medical expenses, and funeral costs, but it will also include loss of love, guidance and companionship, moral support, and financial support.

If you have lost a loved one in an accident caused by another, you may be eligible to seek a remedy and payment. Protect your rights, contact an experienced trial lawyer. When you call the law offices of O’Connor, Runckel & O’Malley, you will be talking with an attorney who has spoken with hundreds of people in your similar circumstance. You will be treated with the respect and sympathy you need during your time of heartbreak and anguish.