Patriot’s Day is both a celebration and remembrance of the Revolutionary War Battles of Lexington and Concord in 1776. As a child growing up in New England I attended many Patriot’s Day celebrations. In States that are classified as Commonwealths (Massachusetts, Kentucky, Virginia & Pennsylvania) Patriot’s Day is a State holiday. These battles were critical in the formation and future of this great nation.
Patriots Day in Boston starts with the running of the Marathon in the morning. There are events held throughout the day and the day ends with a Boston Red Sox game. This year the Sox play the 4th game in a series against the Orioles. This is a day for the community and we celebrate it as such. This also marks the second anniversary of 2 men who tried to change that day and those celebrations.
On April 15, 2013 there were 2 pressure cooker bombs planted near the finish line of the Marathon. These bombs killed 3 people and injured 264 other innocent people. Many of those injuries were quite severe. The fate of the 2 men who planned and executed this act has for the most part been decided. One of the men was killed in a hail of gunfire from the Police and the other man was tried and found guilty on 30 charges related to the bombing. The penalty phase of his trial starts Tuesday.
The goal of these men was to stop a long held tradition in Boston and create a sense of fear in America. From what I can tell they failed in both areas. There are a record number of runners in the 2015 Marathon, The Red Sox are sold out and the celebrations continue to grow. From my point of view this is what it means to be an American and a Bostonian.
My name is Glenn Guenard and I represent people who have been injured. I am the Senior Partner at Guenard & Bozarth. If you or a loved one has been injured we are available 24/7/365 by calling 888-809-1075 We Can Help! Boston Strong!
If you’ve never had an issue where a computer has failed, you’ve never lost a document as a result of a computer issue or you’ve never expected a computer to do one thing and it did the other please quit reading this now. We cannot expect you to understand. For everyone else the idea of a driverless car that is operated by a computer should cause you concern!
There was a recent article that laid out the advantages of the Google Car and the upcoming Apple Car as a solution to automobile accidents and injuries. On the same page was an article about a company having their data compromised and peoples credit cards and personal information being hacked and exposed on the internet. I’m sure that many people saw these as different articles and we found them to be basically identical. See how comfortable you would be given the following scenarios.
- You are riding down the freeway at 65 MPH in your driverless Google car and you are searching the web for the daily news and you lose your internet connection. Losing your connection is something that is commonplace and you don’t have enough time to react. What happens next?
- You are riding down the road and the software in your Apple Car starts the upgrade process and you lose your connection. What happens then?
- You are riding down the road and the mother board in your cars on-board computer fails. How would you know and what happens next?
- You are riding down the road and everything on your car is working flawlessly and you encounter an impaired driver. Predictability goes out the window and the software is attempting to figure out what the other driver is doing next when the other driver doesn’t even know. What happens now?
The experts tell us that early driverless cars will likely require humans to take control of the wheel in certain situations and that begs the question who is at fault if a car fails to do so and crashes? It’s clear that someone will need insurance and the question comes down to who? The driver, the car, the manufacturer or the company that made the software? That is still not clear!
Until we sort out these issues, assuming we eventually get there, you will need an experienced attorney on your side that understands the complexities of emerging technology. The Law office of Guenard & Bozarth has the experience and compassion you need when you or a family member has been injured by the negligence of another. We are available 24/7/365 at 888-809-1075 or by visiting www.gblegal.com We Can Help!
There was an accident in Southern California recently that took the life of a 53 year old woman. There is nothing about this accident that had to happen. The grim reality is that there is a family who has to move on without a mom, a daughter and a sister as a result of a mattress that fell onto the freeway because it was not secured properly. Here is what happened and what should happen next.
Cynthia Brock was driving on the 55 freeway when a mattress that fell from another vehicle caused a chain of events. Ms. Brock attempted to avoid the mattress and as a result the car she was driving struck the center barrier which in turn caused the driver of a Honda to hit her head on. The accident and subsequent collision resulted in fatal injuries to Ms. Brock. It was later learned that the driver of the Honda was under the influence at the time of the collision and was taken into custody. In all there was 1 person killed and at least 2 others seriously injured.
Certainly the mattress on the freeway appears to be the initial cause of the accident. However, we can never know for certain if the driver of the Honda had been sober that Ms. Brock would still be alive today. This is a terrible tragedy for the families of Ms. Brock and for the other 2 people that were injured. Our thoughts are with all of the victims. Situations like this require skilled attorneys and investigators to review the facts so they can be presented to those that are responsible. It is natural to deflect as much blame as possible such as those responsible for dropping the mattress saying it was the person driving the Honda that caused the accident and the person in the Honda saying it was the person dropping the mattress that bears the blame. We know that they are both to blame and that is why we investigate.
The next time you see something like a mattress, ladder or chair on the freeway keep this case in mind and drive accordingly. If you are involved in an accident like this your next call should be to the Law office of Guenard & Bozarth at 888-809-1075 or by visiting www.gblegal.com We have the experience and investigators to get to the bottom of situations like this and we can do it for you as well.
A 32 year old pregnant mom was crushed to death by a gravel trailer in her driveway and she was scheduled to have her first ultrasound the following week. In what was described as a totally avoidable accident, a pregnant hairstylist was asked to move her car after the contractor had his loaded gravel truck in place when something went horribly wrong.
When Lindsey Combs got in to move her car the gravel truck tipped on top of her as her 4 year old daughter looked on. While the accident is under investigation by Cal/OSHA and City of Martinez authorities, we know that is seldom sufficient for the purposes of the family and especially her 4 year old daughter. While Cal/OSHA and City officials are no doubt working hard to determine the answers to why this happened and how to keep it from happening again (as they should) common sense dictates that a portion of the ongoing investigation must include both the liability and financial responsibilities of an accident such as this.
As a result of the actions of this crew there is a 4 year old girl who will grow up without her mother and a father who will grow old without his life partner. Their lives will never be the same and while nothing can bring Lindsey back there are other ways to support them. Cal/OSHA will interview witnesses and construction employees to figure out what went wrong and why, there are other questions that demand answers.
What pictures were taken at the accident scene, what blood tests were done on those involved to check for staff that may be under the influence, is the equipment maintained and what is the track record of those that maintain the equipment, construction staff training of those involved and the results of this investigation determines what is looked at next. Having a legal representative involved with the State and City investigators is crucial and could yield dramatic and valuable information.
At the Law Offices of Guenard & Bozarth we are proactive with investigations like this. The sooner we have the relevant information to more thoroughly we can represent your interests and have a positive outcome. Call on us anytime 24/7/365 at 888-809-1075 or by visiting www.gblegal.com We Can Help!
The children of the comedian who was killed in the same accident that seriously injured Tracy Morgan are getting a $30 million dollar settlement from Walmart according to court documents. A portion of the payments to the children are being structured in the form of annuities.
The documents filed show that the children, Jamel McNair aged 26 and Denita McNair aged 19 are putting part of the payments toward annuities that will pay them ever increasing amounts and the initial amount will be $3000 per month. The manner in which the payments are structured assure that the payments will continue for the rest of their natural lives. The $10 Million that is being invested in the annuities was disclosed in documents filed in New York’s Westchester County where the Comedian lived until the June 7 accident that took his life.
The facts of the accident show that a Walmart truck hit a limo van that was carrying McNair, Morgan and others from a comedy show in Delaware. It is currently alleged that the driver of the Walmart truck was sleep deprived and Walmart had reason to know he was sleep deprived. The families have taken action against Walmart and the truck driver Kevin Roper. The driver has been changed with death by auto and other offenses in the state of New Jersey and has not yet been indicted.
We applaud the diligence of the attorneys who are representing Jamel and Denita McNair in working toward a settlement that is fair and assures compensation for a death that should not have happened. At Guenard & Bozarth we often represent families where a loved one has been killed by someone else’s negligence as it appears happened in this case. The pain of the family and friends is real and devastating.
If you have had a loved one that you suspect has been killed or seriously injured due to anothers negligence it is imperative that you contact the Law Office of Guenard & Bozarth. We have the experience and compassion you need at a time like this. We can be reached at 888-809-1075 or on line at www.gblegal.com We Can Help!
As a local business in Elk Grove we are to some extent responsible for our community. Before we ever started this firm some of the goals we had were to become profitable, hire local staff and to give back to the community we live in and share.
This is the reason we are involved in groups like the Boy Scouts, The Elk Grove Food Bank & Family Services and local Elk Grove High School Athletics. Being involved at the level we are keeps us informed about local events and demonstrates to local youth that everyone is concerned about the city they will soon inherit.
We lose our Managing Partner Ross Bozarth for a full week when the Boy Scout Pacific Coast Bike Challenge comes around. Ross will spend a full week with Scouts and will guide them and mentor them on a very challenging event that these kids will never forget. These kids will learn the value of giving back and what they need to do as productive adults in the future.
Our Senior Partner Glenn Guenard is on the Board of Directors for the Elk Grove Food Bank and Family Services and further volunteers him time, expertise and connections when anything law related come up. Guenard & Bozarth loves this organization and organizes a turkey Drive at Thanksgiving and sponsors other Food Bank Fundraisers during the year.
When someone chooses Guenard & Bozarth to represent them they are in effect giving back to the community and the entire community benefits. If we can be of service to you or a loved one please let us know. We are available 24/7/365 at 888-809-107 or at http://www.gblegal.com We Love To Help!
What activities are so inherently “dangerous” that they should require extra caution under the laws of the State of California? The legal term used for activities which involve a high degree of risk and require a high level of care is “ultrahazardous”. Whether something rises to the level of being ultrahazardous is a “question of law” (i.e. it is for the court or judge to decide rather than a jury). The factors analyzed in answering this question are as follows:
• The existence of a high degree of risk of some harm to people or property;
• The likelihood that harm from the activity or use of the product will be great;
• Inability of the elimination of the risk by exercising reasonable care;
• The extent to which the activity is not a matter of common usage;
• Does the activity take place in an inappropriate environment; and
• To what extent will the value of the activity to the community as a whole is outweighed by its dangerous attributes.
The term “common usage” means the activity carried on by large percentage of the population or it is something that is fairly uncommon and still inherently dangerous. An example would be the use of noxious potentially toxic materials like sulfuric acid. While this may be common in small quantities the storage of large amounts of such chemicals may be uncommon. If a mining company were to engage in blasting in an isolated area, this may not be deemed “ultrahazardous” but, the same explosion in a populated area may very well be determined to be extremely dangerous to life and limb.
Specific Examples Of Ultrahazardous Activities
California Appellate Courts have provided examples of these activities and the handling of items that are deemed extremely dangerous as follows:
• The use of hydrocyanic acid gas in fumigating a commercial structure.
• Test firing of a large rocket
• Oil well drilling causing a natural gas pressure blow out
• The use of explosives near a residential area.
• Electric power lines are considered dangerous instruments.
• Dangerous instruments can also include fire, firearms, ammunition, explosives, and highly flammable, corrosive or noxious fluids.
Adherence To A Specific Standard Of Care Is Required
California Law states that people engaging in hazardous activities are required to use more than “reasonable care” but, rather “extreme caution”. In fact, California Civil Jury Instruction reads:
“People must be extremely careful when they deal with dangerous items or participate in dangerous activities. The risk of harm is so great that the failure to use extreme caution is negligence.”
One example of this is the participation in a sporting event when that participation includes signing a waiver of liability. People frequently sign these without a second thought and they often have no idea what they are voluntarily signing away. The entity asking you to sign one of these contracts is well aware of the inherent risks and that is why they want a release. When something negative happens there is a clear and immediate need to retain an experienced attorney who is familiar with personal injury claims related to dangerous activities. When something goes wrong the injuries can be catastrophic or even fatal. Consulting a lawyer familiar with the California legal process and duties required of institutions charged with the utmost duty of care to use “extreme caution” can make a huge difference in being able to obtain full and complete compensation for medical costs and expenses and for the physical pain and emotional toll these incidents can cause.
If you or a loved one has been injured during participation in a hazardous event please give The Law office of Guenard & Bozarth a call. We have worked with numerous victims of participation in hazardous events and we can help you! Call us at 888-809-1075 or visit us at http://www.gblegal.com We Can Help!