Walnut Creek Personal Injury Attorney Blog

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.

Concord, California

A 17 year old Concord teen (name withheld due to age) lost control of his SUV early Sunday morning, killing 41 year old Solaiman Nuri and his 9 year old daughter Hadessa as they rode their bicycles.

The teen was released from the Martinez juvenile hall around 4:40 PM, and was reportedly driven out through a back gate by his parents, with permission from officials.

Due to the lack of information with regards to what the teen was doing at the time the accident occurred, he will not be formally charged for several weeks as the investigation continues. It has not yet been determined whether alcohol or cell phone use was a factor in the accident. Whether his two counts of vehicular manslaughter are felonies or just misdemeanors hangs heavily on the outcome of the investigation.

As of yet, the prosecutors are without a recommendation. Police are reviewing evidence and witness statements to make certain the nature of the incident.

(Source: KTVU, ABC)

The Jury has begun deliberations in the case of a Utah man who is accused of causing a head on collision on the Highway 4 Bypass in Martinez that killed two, and then fleeing the scene back in June of 2010. The accused, John Bryan McDonald, 46, faces two counts of vehicular manslaughter with an enhancement for allegedly swerving into the lane in front of a westbound Honda Civic, forcing the driver to swerve into oncoming traffic. The Honda then collided head-on with a Harley-Davidson motorcycle driven by Anthony Soldano of Burlingame. Soldano died at the scene, and his passenger Gina Blackstone of Brentwood died later that day at an Antioch hospital.

The distric attorney’s office alleged that McDonald became enraged when the Honda twice cut him off, and in retaliation, he recklessly cut into the Honda’s path. To avoid hitting McDonald’s boat trailer, the 19 year old Honda driver swerved into oncoming traffic.

After the fiery crash that left two dead, and the driver of the Honda with a broken femur, McDonald fled the scene. His vehicle and boat were tracked down by the California Highway Patrol, aided by stories in print and broadcast media and tips from the general public. The vehicle and the boat were both located in Southern California, and officers identified McDonald by his Utah license plates.

According to officials, McDonald was in California visiting family. After locating the car and boat, they were able to link McDonald to the accident. He is on trial for gross vehicular manslaughter for the two fatalities, and hit and run with great bodily injury for the driver of the Honda.

According to National Highway Traffic safety Administration statistics, auto accidents are the leading cause of death and injury in the United States. 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: Mercury News, The Press)

King City, California

A seven-car accident caused by an alleged drunk driver killed three people on Wednesday. The crashed occured on Highway 101 at about 8:45 PM when a southbound driver, took her eyes off the road to pick up her cell phone, and crossed over into the northbound lanes. Her Ford Explorer then struck a Volkswagen killing 3 of the occupants and seriously injuring the remaining one. The Volkswagen then hit a Toyata, sending the driver, a resident of Napa, to the hospital with moderate injuries. At least 4 other vehicles became involved in the accident, as the drivers swerved to avoid it, or hit debris.

The driver that caused the accident, Vivian R Ramirez 42, of Gonzales, has been charged with felony gross vehicular manslaughter and felony suspicion of driving under the influence. She sustained major injuries as a result of the crash, possibly including a broken neck.

Maria Ochoa, 53, of Pleasanton, Rafael Zambrano Llamas, 37, and another passenger, Graciela Hernandez Llamas, 39, died as a result of the accident. The were all returning from a funeral in King city. The fourth occupant of the Volkswagen, Maria Guadalupe Vargas-Manzo, 37, was hospitalized with major injuries.

A wrongful death caused by a drunk driver can be extremely difficult for the surviving family members. 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.

(Source: Pleasanton Weekly, Inside Bay Area)

On Thursday the Contra Costa County District Attorney’s Office charged a Walnut Creek man with two counts of vehicular manslaughter with gross negligence for the death of a Danville Mother and her daughter last fall. John Peder Harris, 32, of Walnut Creek, was arrested Friday by city police conducting a routine operation where they track down residents with arrest warrants. Harris was expected to turn himself in on Monday, but posted bail after his arrest on Friday, and is not scheduled for a court appearance until March.

The crash occured at 4:18 p.m. Monday, November 7. Harris’ pick-up truck was heading westbound on Sycamore Valley Road when it collided with an SUV traveling southbound on Brookside Dr. The SUV struck the driver’s side, killing the driver, Elham Pirdavari, 51, of Danville. Pirdavari’s 72-year-old mother, Danville resident Mahim Dokht, was a passenger in the car and was critically injured in the crash. She later died.

Danville police say Harris ran a red light and broadsided the SUV. Chief Steve Simpkins said in a statement that Harris has an undisclosed medical condition that made his driving a “negligent decision.”

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.

However, 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.

(Sources: Mercury News, Danville Express)

Two Amtrak trains collided at the Jack London Square station in Oakland Wednesday evening leaving up to 18 people injured. The crash occured after one Amtrak train carrying passengers ran a red light and struck a second train that was stopped and unloading passengers. The moving train was travelling at approximately 15 to 20 miles per hour when it struck the second train, according to reports.

Most of the injured passengers were aboard the stopped train. Although there were no life-threatening injuries reported, several people were taken to local hospitals. Both trains remained upright after the train crash, although one of the locomotives slightly derailed and damaged the pedestrian platform at the station.

The accident occured at about 10 p.m. Wednesday, and service at the station remained suspended as of Thursday morning.

This is the second incident in two weeks in which Amtrak passengers were injured in the Bay Area. On Sept. 30, 37 passengers and two crew members were injured when an Amtrak train hit a truck at a crossing near Brentwood where there were no signal lights or gates.

Passengers involved in train accidents can sustain serious injuries that can have long term health implications. If you or a loved one has been the victim of a train accident and would like to speak with a train accident attorney, please contact us. We are here to answer your questions and discuss how to protect your legal rights. The attorneys at O’Connor, Runckel & O’Malley are well known and respected throughout the legal community and among our clients.

At O’Connor, Runckel & O’Malley we have nearly 45 years of litigation and trial experience. We have the expertise and a proven track record of success. From our offices in Contra Contra Costa County, San Francisco and Sacramento, we serve clients throughout Northern California. Our experience and expertise are available to you.

(Sources: LA Times, Mercury News, CBS, Central Valley Times)

23-year-old Abby Nichols was struck by an AC Transit bus in November or 2008 while in an Oakland crosswalk. Nichols was trapped under the bus for more than 15 minutes because the bus driver failed to activate a hydraulic device to free her. She suffered a crushed hip and a broken pelvis and femur resulting in nerve damage. She must now walk with a cane.

The Alameda-Contra Costa Transit District, the agency whose bus struck Nichols, agreed to pay a $10.5 million settlement in the case, just as a jury was being seated. A spokesman for AC Transit admitted the driver of the bus was at fault. The driver has been fired. The question remains why the bus driver failed to operate the hydraulic device that could have freed the victim of the accident.

When a pedestrian is hit by a motor vehicle, the injuries can be catastrophic. Such an injury can affect a person’s neurological system, skeletal system, or muscular system. Over the course of a person’s life, medical needs change. People who were injured as children may need to undergo surgery or treatment as an adult due to past injuries.  In addition, there are long-term consequences the entire family will face as a result of the catastrophic injury.

The attorneys at O’Connor, Runckel & O’Malley work with medical professionals, vocational rehabilitation experts, and financial planners to determine all of the effects of catastrophic injuries.  We have the skill and experience to ensure that individuals and their families receive the financial support necessary to help them move forward with their lives.

At O’Connor, Runckel & O’Malley we have over 45 years of litigation experience. We have the expertise and a proven track record of success. If you or a loved one has been the victim of a catastrophic injury 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: SF Gate)

A Tracy couple was injured when their motorcycle was hit as it approached the intersection of Highway 33 at Durham Ferry Road in Tracy. A pickup truck driven by a 42-year-old Antioch woman had been stopped at a stop sign, but as the motorcycle crossed the intersection, the pickup proceeded into the intersection, failing to yield the right-of-way. The pickup then struck the motorcycle.

56 year old Donald Hufford and his 51-year-old wife, Christine, sustained broken right legs and were transported to different hospitals for their injuries. The wife was airlifted to Memorial Hospital in Modesto, while her husband was taken by ambulance to San Joaquin General Hospital.

The driver of the pickup was uninjured, and no charges were filed against her, although her failure to yield right-of-way to the motorcycle caused the injury accident.

Any motorcycle rider who shares the road with cars and trucks knows the importance of defensive driving. But some motorcycle accidents cannot be avoided, regardless of the care and skill demonstrated by a motorcyclist. Motorcycles can be a useful and enjoyable means of transportation but, they can also be incredibly dangerous. Motorcycles have a higher fatality rate per unit of distance travelled when compared with automobiles. According to the US Highway Safety Authority, in 2002, 20.9 cars out of 100,000 ended up in fatal crashes. The rate for motorcycles is 66.7 per 100,000.

At O’Connor, Runckel & O’Malley we represent people who have suffered serious injuries as a result of others negligence on California’s roads and highways. To a motorcycle accident attorney the injuries that can result from motorcycle accidents are routinely catastrophic; including, brain and spinal cord injuries; fractures; abrasions; internal and soft tissue injuries; and severe burn injuries.

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 Francsico and Sacramento, we serve clients throughout Northern California. Our experience and expertise are available to you.

(Source: Tracy Press)

On November 20, 2008 David Wheeler was crossing the Lower Great Highway near Ocean Beach in San Francisco on his bicycle when he was hit by a Muni bus. The bus driver, Roy Timmons, failed to stop before turning left onto the highway from Noriega Avenue, according to documents filed by his attorney in San Francisco Superior Court. The documents indicate that the bus driver also:

• Sped up during the maneuver
• Failed to use his blinker
• Cut his turn short, crossing into the southbound lane of the Great Highway

At that point he struck Wheeler, who was crossing the street from a nearby bike path.

The extent of Wheeler’s injuries from the 2008 accident are unknown, but the June 2011 settlement indicated that he is under conservatorship which likely means that he is incapable of making legal or medical decisions for himself. That also suggests that Wheeler may have suffered traumatic brain injury from the 2008 accident.

According to The San Francisco City Attorney’s Office, the $5.36 million settlement is the second highest paid out by the Municipal Transportation Agency, which operates Muni, since 1995. In 2008, the agency approved a $21 million settlement to the family of a three-year-old girl who was struck and killed by an MTA employee driving a maintenance truck. The following year the agency took out a catastrophic insurance policy to cover accident awards ranging from $5 to $25 million dollars, however both accidents occurred before the policy was enacted, and are therefore not covered.

When a bicyclist is hit by a motor vehicle, 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 and poorly maintained roads can be deadly to even the most experienced bicyclist.

At O’Connor, Runckel & O’Malley we represent people who have suffered serious injuries as a result of others negligence on California’s roads and highways. The injuries that can result from an accident involving a bicycle and a motor vehicle are often catastrophic; including, brain and spinal cord injuries; fractures; abrasions; and internal and soft tissue injuries.

The attorneys at O’Connor, Runckel & O’Malley work with medical professionals, vocational rehabilitation experts, and financial planners to determine all of the effects of serious injuries. We have the skill and experience to ensure that individuals and their families receive the financial support necessary to help them move forward with their lives.

Because bicycle accident  cases can be very complex, you need an experienced and aggressive bicycle accident lawyer to successfully handle them.  The attorneys at O’Connor, Runckel & O’Malley have the necessary experience. With over 45 years of trial experience we are not afraid to take anyone to trial that has wrongfully injured one of our clients.

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 Francsico and Sacramento, we serve clients throughout Northern California. Our experience and expertise are available to you.

(Source: SF Examiner)