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MARTINEZ, CA – A man was arrested for the fatal hit and run crash that occurred on I-80 last Saturday and has been charged with 4 counts of murder, said county prosecutors.

Fred Lowe, 47 of Sacramento also faces felony charges for hit and run and drunk driving, as well as a number of additional charges that could increase his sentence. Court records show that Lowe was previously convicted for DUI and has a prior strike involving a conviction for robbery in Solano County.

Lowe was put under arrest after his car allegedly collided with a blue Mercedes, forcing it to crash into a white Nissan driving eastbound not far from the San Pablo Dam Road off ramp at approximately 8:10 p.m. on Saturday. The driver of the Nissan apparently lost control, going over the center divider and directly into westbound lanes before overturning.

DUI Driver Kills 4 in Richmond
Photo Credit ABC

Four passengers riding in the Nissan were killed in the accident, all related to the driver Jared Horn, a sophomore at UC Berkeley and the pitcher for the university’s baseball team. Horn and his family members had just attended a father-son basketball competition. The victims were pronounced dead at the scene and identified as Daryl Horn, 50, Jared’s father; his brother Joe Horn, 14, his uncle Troy Biddle, 52: and his 13 year old cousin, Baden Biddle. 

Jared Horn received serious injuries in the crash and was hospitalized before returning home on Sunday, according to law enforcement. He was the only one who survived in his car. 

Lowe immediately sped from the scene, but Sheriff’s Deputies from Contra Costa spotted his vehicle and arrested him shortly thereafter. Originally, he was put under arrest for vehicular manslaughter, however prosecutor Derek Butts said Lowe’s history of drunk driving, plus “the way he was driving before the crash, the details of the accident, his fleeing the scene without stopping, and the level of alcohol in the defendant’s system,” justified the murder charges. 

Butts explained, “His actions before, during and after the crash displayed such a high level of recklessness that it shows implied malice, which is the mental state needed to justify charges of second-degree murder.”

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Murder charges, while uncommon in cases of a fatal car accidents, are not unheard of. In 1983, the California Supreme Court set the standard for filing murder charges in a DUI crash. The ruling was in a 1979 homicide case involving a defendant who was driving drunk on city streets at double the speed limit, running a red light and crashing into a car at the next intersection, killing two people.

For prosecutors to prove murder, they must convince the jury that the defendant should have realized his drunk driving and recklessness could potentially kill someone.

According to Contra Costa authorities, this was one of the deadliest car crashes in the county’s history, however exact statistics weren’t readily available. Contra County’s most deadly crash occurred in 1976. That’s when a Yuba City school bus overturned while exiting a freeway in Martinez. The bus was filled with honor students, and 28 were killed along with one adult.

Jail records show that Lowe’s bail was set at $1.15 million bond, but once he’s arraigned it could be raised. In the meantime, he’s still in jail.

Jail records show that Lowe’s bail was set at $1.15 million bond, but once he’s arraigned it could be raised. In the meantime, he’s still in jail.

Ff 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 wrongful death 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.

Published on behalf of O'Connor, Runckel & O'Malley LLP

(Source: CBS )

Motorcycles can be a useful and enjoyable means of transportation but, they can also be incredibly dangerous. The facts discussed in this article are based on data from the Fatality Analysis Reporting System (FARS), which is part of the Unites States Department of Transportation.

Recent History

In 2015 the number of motorcyclists killed in crashes in the U.S. totaled 4,693. This number had been on the decline since the early ‘80s, but started increasing again in 1998 and this increase lasted through 2008. Of all the fatalities that occurred in motor vehicle accidents, 13% were among motorcyclists. This figure was more than twice the number that occurred in 1997.

Among those motorcyclists killed in 2015, figures show that 27% were operating their motorcycle without a valid license. This surpassed the percentage of unlicensed drivers of passenger vehicles who were killed in traffic accidents in 2015, which was 15%.

Of the motorcyclists killed in 2015, 41% were involved in single-vehicle collisions, while 59% of these fatalities resulted from multiple-vehicle collisions. These percentages have remained pretty much the same since the ‘80s.

Walnut Creek Motorcycle Accident Attorney
Walnut Creek Motorcycle Accident Attorney

Age & Gender

Beginning in the early ‘80s the percentage of motorcyclists killed who were 50 years of age and older, started to rise, going from 3% of all rider fatalities in 1982 to 13% in 1997, and increasing to 35% in 2015. Whereas, 30% of the motorcyclists killed in 2015 had not yet reached their 30th birthday, compared to 80% in 1975.

Of all the motorcyclists who were killed in 2015, a whopping 91% were males.

Of the female motorcyclists killed in 2015, 61% were passengers and these deaths accounted for 95% of the passengers killed that year. The overwhelming majority of male motorcyclists killed in 2015 were drivers.

Use of Helmets

Of the motorcycle drivers killed in 2015, 61% were wearing a helmet. For passengers killed while riding on motorcycles, 47% were wearing a helmet.

In states with laws in 2015 that mandated helmet use for all riders, 92% of those killed were wearing a helmet, whereas only 27% were wearing a helmet in states without laws requiring helmet use for all riders. In states with laws only requiring helmet use for some riders, 41% of motorcyclists killed were wearing a helmet.

Type of Motorcycle & Engine Size

The sizes of the engines on the motorcycles of drivers who were killed in collisions have substantially increased. In 2015, 31% of the motorcycle drivers who were killed were driving a motorcycle with an engine of more than 1,400 cc in size. In 2000, the comparable figure was just 9% and in 1990, less than 1%.

Among the motorcycle drivers killed in 2015, a whopping 88% were driving touring bikes that had engines of more than 1,400 cc in size, whereas just about all supersport bikes were equipped with engines that were 1,000 cc in size or smaller.

Among the motorcycle drivers killed in 2015, 85% of those riding a standard or cruiser motorcycle were 30 or more in age, as were 96% of those driving touring bikes. Whereas, 57% of those killed driving off-road bikes and 61% of those killed driving super sport bikes in 2015 had not yet reached their 30th birthday.

Among those killed in 2015 driving supersport motorcycles, helmet use was 77%, which was the highest. Approximately 50% of drivers killed on touring motorcycles, standard motorcycles or cruisers were wearing helmets

When & Where They Were Killed

In 2015 the majority of motorcyclist deaths (60%) happened during the months of May through September.

Fatalities were at their highest in July and at their very lowest in February.

In 2015 nearly half (49%) of deaths on motorcycles happened on weekends, and they were more apt to occur in the evening hours after 6:00 PM, compared to during the week.

In 2015 nearly half (48%) of deaths on motorcycles happened on major roads, but not freeways and interstate highways. There were more deaths (49%) that occurred in urban areas than happened in rural areas (41%).

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Elevated Blood Alcohol Concentration (BAC)

Among those killed driving a motorcycle in 2015, 28% were found to have a BAC at or over 0.08%. This figure rose to 42% among those in single-vehicle collisions.

Among motorcycle drivers in 2015 who lost their life at night from 9:00 PM to 6:00 AM, 49% were found to have had BACs of 0.08% or higher.

All-Terrain Vehicles (ATVs)

ATV riders are being killed on public roads at a rate nine times more than in 1982, which was when they were first identified in FARS. The percentage of ATV riders 40 years of age and older who were killed rose from 9% in 1982 to as much as 43% in 2015. The percentage of ATV riders killed who were younger than 20 went from 54% in 1982 down to 19% by 2015.

In 2015, 80% of those killed riding ATVs were wearing helmets.

Among those killed riding ATVs in 2015, 75% lost their lives in crashes where no other vehicle was involved, whereas 48% of occupants killed in passenger vehicles were in crashes that involved no other vehicle(s).

In 2015, of the ATV riders who died in single-vehicle crashes, in 62% of these accidents, the ATV rolled over in the crash. This percentage was similar to fatal accidents involving large trucks and SUVs, but higher than for deaths in similar accidents involving cars, which was 44%.

The deaths of ATV riders on public roadways during 2015 peaked in July, with 56% of the deaths occurring during the months of May-September that year.

Of the ATV riders who lost their lives on public roadways in 2015, 73% were driving on rural roads and 63% of those fatal accidents occurred on minor roads.
In 2015, half of those killed driving ATVs on public roadways were found to have BACs at or over the legal limit of 0.08%. ATV drivers who were 40-49 years of age when they were killed made up 63% of that group. 

Motorcycle accident cases are extremely complex, which means you need a highly experienced lawyer with in-depth knowledge in this specific area of the law to handle your case. If a loved one had been killed on a motorcycle due to another's negligence, please contact us. The attorneys at O'Connor, Runckel & O’Malley have a proven track record of prevailing in such cases, both in court and in negotiating maximum settlements. With more than 50 years of trial experience, we are more than willing to take anyone to trial to fight for our client if they have been wrongfully injured or killed.

Published on behalf of O'Connor, Runckel & O'Malley LLP

A three-car collision on Vasco Road that occurred Monday afternoon resulted in severe injuries to two drivers who had to be airlifted to a local trauma center for their injuries.

The 3:09 p.m. crash happened about one mile south of where Walnut Boulevard intersects with Vasco Road in Brentwood.

Brentwood Traffic Accident Vasco Road
Photo Courtesty The Press


The California Highway Patrol (CHP) is continuing its investigation, but at this point there are very few details about the cause of the accident. What is apparent is that a black Toyota Corolla broadsided a silver Audi A4. A helicopter flew the Audi’s driver to John Muir Medical Center’s trauma center in Walnut Creek with “massive trauma” as described by Craig Auzenne, Battalion Chief of East Contra Costa Fire Protection District (ECCFPD).

The Toyota’s driver was up and walking right after the collision, but soon after he began suffering from his injuries. People assisting at the scene immediately after the accident loaded him into a passerby’s truck bed. When paramedics and firefighters arrived they initially treated him there before a CHP helicopter transported him to John Muir Medical Center. He suffered a broken wrist, chest pains, shortness of breath and it’s possible he had other injuries.

The third vehicle involved in the accident was a gray Nissan Versa and paramedics at the scene treated and released that driver, whose car had front-end damage. Authorities are unsure as to what caused that damage.

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The only occupants of the three vehicles involved were the drivers.

After the accident, Vasco Road remained closed between Camino Diablo and Walnut Boulevard while the victims were being rescued and treated and the two helicopters occupied the roadway.

Aside from the helicopters, Engines 52 and 59 of ECCFPD rushed to the scene, along with two AMR rescue ambulances, two battalion chiefs and a number of CHP officers. It took nearly 90 minutes to work the accident scene.

If you or a family member has been the victim of a traffic accident involving negligence and would like the advice of a reputable Bay Area attorney specializing in car accidents, please contact us. We can answer all your questions, advise you of your legal rights and how best to protect them. O’Connor, Runckel & O’Malley has 50 years of experience in personal injury litigation and trials. We have the kind of expertise and track record of success that can help you prevail in this situation.

Published on behalf of O'Connor, Runckel & O'Malley LLP

(Source: The Press )

PITTSBURG, CA – A 46-year-old woman from Discovery Bay was tragically killed Wednesday on Highway 4 in eastern Contra Costa County while “driving in safe and lawful manner.” Another car plowed into hers, which then set off a wreck involving seven cars, according to the California Highway Patrol.

Theresa Frazer was pronounced dead at the scene, while four others, including a small child, were transported to the hospital. The collision occurred on westbound Hwy. 4 right after 8 a.m. not far from the Railroad Ave. and Harbor Rd. exits, reported CHP Officer Brandon Correia.

This accident occurred soon after another two-car collision in the immediate area that involved a Dodge sedan and a motorcyclist. No one was hurt in that accident, but it did worsen traffic on the crowded highway.

Seeing the traffic ahead, Frazier had slowed down to a stop in her Nissan Sentra, however the Chevy Tahoe SUV behind her did not and just crashed into her car, Correia said.

Fatal Highway 4 Crash Pittsburg CA
Courtesy East Bay Times


“Here this woman is doing exactly as she should,” he said. “She sees traffic, slows down and stops. The SUV for some reason doesn’t stop. Our investigation will seek to determine whether it was speeding. That is what we are focusing on. When a car gets plowed into from behind in that manner, it causes a huge impact.”

The SUV then went on to sideswipe a Dodge truck and crashed into an Audi sedan before it flipped over and slid into a couple of other vehicles on the highway. The occupants of the two last cars, a Chevy Trailblazer and a Toyota Highlander, were among the three treated at the scene and released. The Chevy Tahoe finally came to a stop when it slid into a Honda Civic.

A passenger riding in the Nissan Sentra did suffer major injuries, but they weren’t thought to be life threatening and he was transported to a local hospital, Correia said.

The man and woman who were in the SUV were also severely injured and transported by ambulance to a local hospital, Correia said. Fortunately, they are both expected to live.

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Their son was also taken by ambulance to the hospital as a precautionary measure since he did not appear injured, Correia said. Initially, officials said that there were five people hospitalized.

The westbound lanes on Highway 4 in the vicinity of the crash were all closed except for the far left lane. This lasted nearly three hours and a Sig Alert was issued for major traffic. The CHP lifted the alert around 11:15 a.m. after the scene had been investigated and cleaned up.  

Investigators have yet to figure out whether alcohol or drugs played a part in the collision, but they didn’t see any signs of them at the site, Correia said.

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 wrongful death 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: East Bay Times)

Published on behalf of O'Connor, Runckel & O'Malley LLP

CASTRO VALLEY, CA – Interstate 580 finally opened after being blocked for almost 10 hours last Thursday due to two big rig collisions that killed one of the drivers. All westbound lanes near Castro Valley in Alameda County were finally reopened once authorities finished their accident investigation and cleanup of the scene.

The collision occurred near Eden Canyon Road and was called into the California Highway Patrol at 4:10 a.m. First, a black sedan and big rig collided, which left the big rig stopped in the middle of the highway. A second big rig then came along and struck the first big rig, according to Tyler Hahn, the CHP Officer on the scene. 

 

fatal truck crash lawyer
Photo courtesy East Bay Times


Hahn said that the driver of the second big rig was tragically killed in the crash. The Alameda County coroner has identified the driver as Maclovio Lopez, 62 of Roseville, CA.

READ: One in Ten Highway Deaths Caused By Collision With Big Rig

Highway personnel working the scene of the accident had to unload the entire haul of one of the big rigs, and this contributed to the lengthy traffic delays. Crews taking part in the cleanup at Eden Canyon Road on the westbound lanes of Interstate 580 consisted of Caltrans workers, Alameda County Fire plus a HAZMAT team.

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At 4:24 a.m., shortly after the accident was first reported, a sig-alert was sent out since all lanes going westbound on Interstate 580 were blocked. It wasn’t until about 2:00 p.m., after the scene had finally been cleaned up, that the sig-alert could be cancelled. 

 If you or a loved one has been the victim of trucking or big rig accident and would like to speak with a truck accident attorney, please contact us. We are here to answer your questions and discuss how to protect your legal rights.

(Source: East Bay Times)

Published on behalf of O'Connor, Runckel & O'Malley LLP

If your loved one has been physically, medically, psychologically, or financially abused, neglected, or exploited, by a nursing home, assisted care facility or in-home care provider, call O’Connor, Runckel & O’Malley, a personal injury law firm, today for a free initial consultation and case evaluation with an elder abuse/nursing home negligence attorney

Over 25% of serious abuse cases occurring in nursing homes are not being reported to law enforcement. The Office of Inspector General, which is part of the U. S. Department of Health & Human Services, issued an alert about this last Monday.

Despite state and federal law demanding that serious nursing home incidents involving abuse must be reported to the police, many cases never were.

Governmental investigators are doing an extensive ongoing review of reports of abuse and neglect occurring in nursing homes but are issuing the alert now because immediate action is required due to the seriousness of the cases they’ve found so far.

The abuse cases are so severe that the victims were sent to the emergency room. The alert cited an example of a woman who was terribly bruised from a sexual assault that occurred in her nursing home room, yet this was not reported to law enforcement.

Federal law requires that such an assault be reported to law enforcement within two hours of the crime being discovered. But that wasn’t done according to Curtis Roy, the Department of Health & Human Services’ assistant regional inspector general.

“Instead, they cleaned the victim up and this actually destroyed crucial evidence that the police could have relied on while investigating this crime.”

The nursing home did tell the family that their loved one had been sexually assaulted the previous day. The family then went to police to file a report on the crime. Even after the crime had been reported, the nursing home attempted to conceal the crime, according to Roy.

“They actually contacted the police department trying to persuade them that no investigation was necessary and attempted to dissuade them from coming out to the nursing home to look into the incident,” said Roy.

Examining records pulled from 2015 and 2016, Roy and his investigative team discovered 134 incidents of residents in nursing homes being abused so severely that they needed to go to the emergency room. The overwhelming majority of these incidents were sexual assaults.

“There is absolutely no excuse for allowing someone to suffer this degree of torture, never ever,” says Roy.

elder abuse lawyer

The abuse cases occurred in 33 different states, with Illinois having the most incidents, which numbered 17. Investigators found that in 72% of the cases law enforcement did get a report within the required two hours. But, that leaves 28% unreported. Investigators made the decision to report every single one of these 134 cases of abuse to the police. Roy said, “We were so worried that we would rather over-report than risk the chance that a single case would remain unreported.”

The Inspector General’s alert says nursing home regulators, who are the Centers for Medicare and Medicaid Services (CMS), must do a better job of tracking these abuse cases. They said that CMS should do exactly what Curtis Roy’s team did: look at Medicare claims submitted by residents of nursing homes and cross-reference their emergency room claims. This way the investigators could see whether a Medicare recipient had filed a claim for emergency room care during the same time they were filing a claim for nursing home care. If so, the investigators could look at the emergency room diagnosis and determine whether the patient appeared to be a crime victim, as would be the case if the diagnosis indicated a physical and/or sexual assault.

The alert emphasized that in 2011 federal law regarding the issue of nursing home abuse was strengthened. The law now requires that anyone who even suspects that a resident in a nursing home had been abused to the extent that it caused them to suffer serious bodily injury are required to report these suspicions to the police within no more than two hours. If they suspect a nursing home resident has been abused, but not to the extent of serious bodily injury, they have up to 24 hours to report the abuse to law enforcement. 

Failure to make the required abuse report to law enforcement within the specified time period can result in fines being imposed of up to $300,000.

However, CMS never received specific instructions from the Secretary of Health & Human Services to exercise the authority to carry out the penalties and collect the fines. According to the alert, CMS only this year started to seek the authority to enforce the law. There was no one from CMS who would agree to be interviewed for this article. 

Obviously, the 134 incidents of severe nursing home abuse discovered by the investigators represent just a tiny percentage of the 1.4 million currently residing in the country’s nursing homes. But, according to Curtis Roy, these cases are likely to be just the tip of the ice burg, since his investigators were only able to pinpoint abuse victims who were sent for emergency room care. “This is the absolute worst possible thing,” he said. “I don’t believe for a second that anyone could possibly think this is anywhere near being acceptable.”

“We must do a whole lot better,” says Roy, at “ridding our healthcare system of any form of abuse, no matter how minor.”

One fact that investigators were not able to find out is whether or not any of the nursing homes where incidents of abuse occurred were ever fined or penalized in some way for ignoring the law in not reporting these incidents and in some cases, trying to cover up the evidence. That information will likely be covered in the Inspector General’s complete report, which should be released next year. 

(Source: NPR)

Published on behalf of O'Connor, Runckel & O'Malley LLP

Most of the highway deaths involving large truck collisions are of occupants in passenger vehicles. Occupants of smaller vehicles are extremely vulnerable because they must share the road with large trucks. Many trucks weigh 25-30 times as much as an average car and are much taller. The problem is that a smaller car following behind a huge truck risks an underride collision with the truck.

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Factors in Big Rig Collisions

The length of time it takes a fully loaded tractor-trailer to brake is one factor contributing to big rig collisions. It can take them 20% - 40% farther that it takes an average car to stop, and even farther if the road is wet or the brakes haven’t been properly maintained.

Another factor is truck driver fatigue. Federal law stipulates that drivers operating large trucks can drive no more than 11 hours in one stretch and no more than 77 hours in a week’s time. However, surveys suggest that many drivers ignore the law and drive for longer periods of time, which causes them to become overly fatigued.  

Truck Accident Fatality Statistics
Courtesy IIHS

Where Collisions With Trucks Happen

A study on fatal collisions in 2015 that involved large trucks provided the following statistics:

  • 53% occurred on major roads rather than on freeways and/or interstate highways
  • 30% occurred on freeways and/or interstate highways
  • 14% occurred on smaller, less traveled roads

Large Truck Collisions Compared to Passenger Vehicle Collisions

In 2015, over half of occupant deaths in large trucks occurred in collisions that caused their truck to roll over. This percentage was similar to the occupant fatalities in SUVs and pickup trucks that rolled over in crashes. Interestingly, those percentages were much higher than the 23% of occupant deaths that occurred in car rollovers.

Truck Accident Attorney

Drunk Driving Has Subsided

Drivers of large trucks killed in fatal accidents almost never are found to have high levels of blood alcohol concentrations (BACs). Truck drivers are under very strict regulations by the government regarding drinking and driving. Only 3% of truck drivers killed in fatal collisions in 2015 showed a BAC level at or above 0.08%. That is far lower than the figure in 1982, which was 51%, so it is apparent that the trucking regulations in place now for drinking and driving are having the desired effect.

At O’Connor, Runckel & O’Malley we have over 50 years of experience. We have the expertise and a proven track record of success in personal injury lawIf 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: IIHS)

Published on behalf of O'Connor, Runckel & O'Malley LLP

 

O’Connor, Runckel and O’Malley LLP would like to announce our 2017 scholarship recipient, Jordyn Sequeira. Jordyn graduated Cum Laude from Arizona State University and is currently in her second year of law school at University of San Francisco. Throughout her first year of law school Jordyn exhibited a strong commitment to social justice, consistently volunteering through the USF’s ProBono Programs. Jordyn worked various clean slate clinics, where she provided free legal assistance to people who suffer from the collateral consequences of having criminal records. Over the summer she served as a legal intern in the Alameda County District Attorney’s Office. After she graduates she plans to continue to dedicate her time to battling social injustices.

Jordyn Sequeira
Jordyn Sequeira

 

We wish Jordyn continued success at UCSF School of Law.

SAN LUIS OBISPO, CA – After an investigation by the California Department of Justice the owner of Manse on Marsh along with a former employee have been arrested in connection with the wrongful death of one of the independent living facility’s residents.

The Attorney General’s Office of the State of California filed charges on July 19, 2017 against Christopher Skiff, 54, and Gary Potts, 63, for involuntary manslaughter and dependent adult and elderly abuse. Investigators maintain that these men knowingly and willfully put the life of Mauricio Cardenas, 65, in danger, which led to his 2014 death, as alleged in the complaint.

Manse on Marshe Manslaughter
Manse on Marshe Independent Living Facility

“The inquiry was brought about because Cardenas’ death was so odd,” according to a report given in 2015 by Skiff to CalCoastNews. “Law enforcement and our own District Attorney absolved us both of any criminal wrong doing.”

On December 21, 2014, Cardenas was trying to cross Los Osos Valley Rd. in Los Osos when a 2010 Dodge Challenger hit and ultimately killed him. Ricardo Serafin, 26, was driving the Challenger at the time. Serafin was determined not to be at fault by the California Highway Patrol (CHP) because the area where Cardenas was trying to cross was in complete darkness.

The Bureau of Medi-Cal Fraud & Elder Abuse got a letter on December 30, 2014 saying, “Cardenas should have never been admitted to the MMALF independent living facility since he had been diagnosed with dementia and MMALF does not have a dementia waiver and therefore is not allowed to house residents with dementia.”

The letter goes on to allege that, as a result, Cardenas never received the proper oversight and care that his condition required.

“The consensus is that if Cardenas had been placed in an appropriate living environment with the proper security precautions his safety could have been looked after and he would not have lost his life,” according to the letter.

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According to CalCoastNews, on March 24, 2015, investigators with California’s Medicare Fraud & Elder Abuse Division raided Manse on March seizing computers and files. Kristin Ford, DOJ Press Secretary, said that a search warrant had been issued, which justified the raid.  

“We will confirm that on March 24, 2015 we served a legal search warrant on the facilities of Manse on March, located in San Luis Obispo,” Ford said in replying to a 2015 email inquiry. “Because this involves an active criminal investigation, we cannot provide any additional information or make any official comments at the present time.”

Manse on March is an independent assisted living community providing seniors with some level of care along with certain amenities. There are 87 apartments situated on the property in three separate buildings.

One resident’s family member reported that once investigators started searching through the facility, Skiff met with residents and staff in a group setting and advised them to consult with an attorney before they spoke to any of the investigators.

Potts was booked into the Smith County Jail in Texas where he remains held without bail. Skiff was booked into the San Luis Obispo County Jail and released the same day.

The most vulnerable adults among us are often our elderly. Often elderly adults become victims of abuse in nursing homes and assisted living facilities. An estimated 1 to 2 million elderly adults are injured, exploited or mistreated every year. Problems of malnutrition, bedsores, neglect, infections, falls, fractures, dehydration, failure to medicate & monitor, financial abuse, as well as physical, verbal, and sexual abuse exists in many nursing homes and assisted living facilities.

At O’Connor, Runckel & O’Malley, we are committed to helping the elderly and their families through these difficult situations. Every person deserves to be safe from harm by those who care for them. If your loved one has suffered abuse in a nursing home, assisted living facility or from in-home care provider, the personal injury attorneys at O’Connor, Runckel & O’Malley can help you obtain justice for your loved one. Contact us today for a free case evaluation with an experienced elder abuse attorney.

(Source: Cal Coast News )

Published on behalf of O’Connor, Runckel & O’Malley LLP

OAKLAND, CA – A surveillance camera picked up the horrific sight of a car slamming into three innocent children in Oakland crossing the street using the crosswalk. Neighborhood residents are demanding changes.

The footage clearly shows the collision sending two teenaged girls into the air, while the little boy that was crossing with them is pulled under the car and dragged.

The accident occurred on Wednesday, July 5, 2017 at about 9:30 p.m. in the intersection of Brookdale and Fruitvale Avenues in Oakland.

Residents in the neighborhood report similar accidents happening in the past. They are calling for the city to install blinking lights in the crosswalk.

It is painful to watch the video of the accident. It shows the car being driven by a young person hitting the children as they crossed the street in the crosswalk, causing the girls to fly into the air and the toddler being pinned under the car.

The accident occurred right outside Mark Legaspi’s Filipino restaurant, so his surveillance cameras videotaped the whole tragic event. 

3 children hit in oakland crosswalk
Video screen capture before collision


“Everyone was scrambling to help,” relayed Legaspi. “The baby was being dragged along under the car. Let’s save that baby!”

It was a miracle that all three kids survived this horrific accident.

One of the teenaged girls and her little brother, who were injured in the accident, are cousins of the other girl that was hit by the car. 

They were walking home the night of the accident. They were careful, looking both ways before entering the crosswalk and just assumed the car would come to a stop and let them cross.

Just before being hit, the girls could be seen bracing for impact.

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Legaspi reported that this is the third time pedestrians have been hit in the crosswalk in the last three years. This is not counting the number of car crashes that have occurred in the same intersection.

“Surprisingly, no one has been killed,” Legaspi said. “However, I’ve witnessed three pets getting run over and killed right here.”

He blames distracted drivers speeding through the interaction for the accidents. Legaspi did contact Noel Gallo, the City Councilman for this area, requesting something be done to make the crosswalk easier for drivers to see.

“They probably have to send people out to study the road because we have had so many accidents here,” said Gallo. “But this time I think it’s a no-brainer that something has to be done.”

Gallo said he heard that these three victims have already been released from the hospital and are recovering at home.

Witnesses described the driver as stopping at the scene of the accident and being remorseful. They said he carried a passport, so was obviously from another country, and admitted that he had not been issued a California driver’s license.

It has not yet been reported whether the driver did have a valid driver’s license or if the police placed him under arrest. 

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 in personal injury lawIf you or a loved one has been the victim of motor vehicle negligence and would like to speak with a Bay Area auto accident attorney, please contact us. We are here to answer your questions and discuss how to protect your legal rights.

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