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!
Motorcycle riding season has arrived along with a sobering new statistic from the California Highway Patrol. Nearly 16 percent of all fatal vehicle accidents in California happen to motorcycle riders or their passengers. This statistic is even more shocking when you take into account that rider deaths are actually down for 3 years in a row!
The State says they are doing a better job of promoting rider training and they say that car drivers are being more attentive to the presence of riders. The CHP came out last year with a set of guidelines that affirm that lane splitting is legal within certain parameters. A rider should not be traveling at more than 10 MPH over the prevailing speed and they should never lane split when traffic is moving at 30 MPH or more. The best part is that both the riders and the drivers are listening and the numbers bear that out!
The CHP also says that while many riders are considered to be thrill seekers they may need to evaluate their behavior. Slow downing, not tailgating and staying off their cell phone (hard to imagine riding or driving while using a phone) also contribute to decreased injuries while riding. At the end of the day this is all about keeping people safe.
If you or a loved one has been injured give The Law office of Guenard & Bozarth a call. We have worked with numerous injury victims and we can help you! Call us at 888-809-1075 or visit us at http://www.gblegal.com We Can Help!
Congratulations to Coach Carlson and the Elk Grove Thundering Herd on a tremendous season. With a final record of 26-6 and ranked #2 last week in the State, #12 Nationally and senior players with Division 1 scholarships, this season was a success. Elk Grove beat Davis in 2 out of 3 games to win the Delta Valley Conference it was Davis who was the last team standing and we congratulate them as well. Thank you all so much! See you next year and “Go Herd”
There is a video that recently went viral about a cat in Bakersfield that was able to fend off a dog that was viciously attacking a young boy. By the cat interrupting the attack, this little boy was spared from further injuries. Based on a report released recently it appears we need more cats!
According to the Centers For Disease Control there were about 4.5 million dog bites in the United States in the last year alone. This includes over 2 million children and almost 6,000 Unites States Postal Carriers. Every dog owner either knows or should know that they have an absolute responsibility to control and contain their dog. When they fail to exercise that control they should suffer the consequences. The sad reality is that while they should suffer the consequences of their lack of action the person that gets bit does suffer! Frequently that suffering is permanent and irreversible.
We have seen children that were savagely bit in the face and extremities and they will carry the visible scars for the rest of their life. Often there is nerve damage and even blindness and death as a result of an out of control dog. The owners act surprised and make the defense that the dog has never done this before and will likely never do it again or they ask what the victim did the elicit such behavior. These arguments aren’t valid and the dog’s owner is responsible. Period!
If you or a loved one has been bitten by a dog and you were not fortunate enough to have help from your local cat you must give The Law office of Guenard & Bozarth a call. We have worked with numerous victims of dog bites and we can help you! Call us at 888-809-1075 or visit us at http://www.gblegal.com/dogbite.php We Can Help!
An Alameda County jury scored a victory for the little guy this week when they returned a verdict for over $14 Million dollars for a Richmond woman who suffered a broken back while riding in a bus. The bus hit a speed bump at over twice the speed limit and that through the woman into the air. She landed with such severe force on the seat back that she broke a vertebra in her back.
What was most interesting about this verdict is that the plaintiff’s attorney used the transit companies on board camera to prove that the accident in the exact manner as the plaintiff reported and it also recorded the driver’s outburst at the passenger. Bus driver Dollie Gilmore accused the injured woman of lying about the injury and threatened prosecution! Since all of this was caught on video, the victim’s attorney was able to prove that the driver was going over twice the speed limit in a school zone when the injury occurred and that the victim was in fact thrown from her seat.
Alameda County Transit fought this case tooth and nail, even in the presence of their own video evidence that supported the facts of the case. Alameda County refused to settle the case and as a result the jury returned this extraordinary verdict. The jury also awarded the victims daughter $1 Million dollars for emotional distress as a result of this injury.
Transit spokesman Clarence Johnson said that “Given what happened, we would never have expected something like that to have occurred” and we agree. We also know that the driver had a responsibility to take the appropriate measures when a passenger reports an injury on her bus. It does not appear that the driver has the background to decide on whether or not an injury occurred and certainly should never threaten prosecution. Thank goodness for videotape evidence! After this extraordinary verdict including the below standard of care actions of driver Gillmore, it is astonishing to know that she is still employed by Alameda County Transit!
We applaud the result in this case. Someone was horribly injured and the responsible party was held accountable for both their actions and lack of actions. The victim in this case had a proactive personal injury attorney that looked out for her best interests. If you have been injured in a transportation accident you need an advocate that has you in mind. At the Law Office of Guenard & Bozarth we fight for you and leave no stone unturned. Call us at 888-809-1075 or visit our web site at http://www.gblegal.com/bus.php You can talk to an attorney 24/7/365 with just a phone call. We Can Help!