The Reeves Law Group Blog
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Recent Updates
May 07, 2008
Tucson Border Patrol Agent's Family Files Lawsuit in Rollover Accident
May 06, 2008
Swimming Pool Accident Victim's Parents File Lawsuit Against Hotel
May 05, 2008
Dallas Woman's Family Sues Company in Truck Accident
May 02, 2008
Parents of Girl Injured in Car Accident Sue Turlock School District
May 01, 2008
Witnesses in Bakersfield Car Accident Case Testify
April 30, 2008
Woman Killed in Orange County Car Accident
April 29, 2008
Civil Lawsuits Filed in Los Angeles County Train Accident Case
April 28, 2008
Dealers Sell Salvaged Vehicles with Defective Car Parts
April 25, 2008
Kenwood Woman Charged in Drunk Driving Accident
April 24, 2008
California Nursing Home Fined $100,000 for Abuse
Tucson Border Patrol Agent's Family Files Lawsuit in Rollover Accident
May 07, 2008
Topic: Vehicle Rollovers
As a Border Patrol Agent, David Web was entrusted with a duty that called for great valor - protecting our country and its best interests. Too bad that same level of care and commitment wasn't paid to his life. The 36-year-old was killed in a rollover accident on November 3, 2006 while on duty, his family has now field a wrongful death lawsuit that names GM, the tire maker that manufactured his tires at the time of the rollover accident, and others for unspecified damages.
Webb was driving his agency-issued 1997 Chevrolet Tahoe that evening on State Route 86 close to Why, Arizona. The tread on the SUV'S tire separated from the tire, and Webb lost control of the vehicle. The vehicle slid and rolled over. The roof crushed instantaneously, and Webb died at the scene. He was wearing a seat belt at the time of the rollover accident. There were no others in the vehicle with him. The reason for death was cited as massive head injuries.
Now his family has filed a lawsuit that blames GM and tire maker Continental Tire North America, the company that manufactured the defective tire.
Other companies named in the rollover accident suit are Ironwood Towing Services of Gila Bend, Brim Towing of Ajo, and its owner Ralph Bustamante, and Brown and Brown Chevrolet of Mesa.
GM has been named for failing to make the roofs of their SUV safer, which could have prevented loss of life in the event of rollover accidents. It's also been cited for failing to put safe products out in the market, and failing to warn consumers that their products were defective. Continental Tire North America has been cited for failing to spend the measly $1 it would have taken per car to use a special cap that would prevent the tread from separating from the tire, thus avoiding rollover accidents.
The lawsuit claimed that both companies had also ignored the warning signs of the danger of the tread separating from the steel belt in SUV tires. Gross negligence has been cited against the two companies. The tires were manufactured by a plant that has been plagued by problems since the nineties, and had only last year been shut down. The vehicle that he was driving at the time of the rollover accident has been cited as unstable and prone to a roof crush.
The other companies on the list have been cited for failing to service, maintain, and inspect the SUV properly.
As a border patrol employee who faced danger and the prospect of death everyday, Webb deserved to have more care taken into his well being. It's sad that a person who puts his country before self or family as selflessly as these border patrol agents do has no one to look out for their own safety. Chevrolet needs to answer as to why a man driving one of their cars, with a seat belt on, and with no evidence of speeding, had absolutely no protection when their vehicle rolled over. Continental Tires also holds responsibility for ignoring warnings of tread separation in their tires.
If you have been injured or a loved one has been killed in a rollover accident, you need the help of an experienced California personal injury attorney. Contact a lawyer at The Reeves Law Group for a free consultation.
Swimming Pool Accident Victim's Parents File Lawsuit Against Hotel
May 06, 2008
Topic: Swimming Pool Accidents
The family of a 5-year-old boy, who drowned in a swimming pool accident at a hotel in Omaha, is suing the hotel management for the wrongful death of their son. Brian Guevara drowned in the murky black waters of the pool at the Howard Johnson hotel on June 19, 2006. The family had checked in, planning to spend half the day at the zoo and half at the hotel's swimming pool. The surveillance camera at the hotel, which the plaintiff's lawyers plan to use as an important piece of evidence of the swimming pool accident, shows Brian swimming in the pool, and then disappearing. From the surveillance video, in the few minutes that it took for him to slip beneath the surface and the moment his body was dragged out of the pool, you couldn't even see Brains' body lying at the bottom. The water was that dirty. There were others swimming in the pool with Brian who did not notice the swimming pool accident or even see the boy at the bottom of the pool. The lawsuit alleges that had visibility been clearer, Brian would have gotten the help he needed faster and could have survived. The hotel had been accused of such negligent behavior several years ago in an eerily similar swimming pool accident, which occurred in the same pool, where again one person drowned. The plaintiff's attorney can be expected to bring up that point. After Brian's death, an inspector ordered the pool closed until several defects, which could cause swimming pool accidents, were fixed. These include reinstalling a safety device that had become faulty and cleaning the murky water. Also, a filtering device that is supposed to clean the water was also asked to be repaired. The inspection report also ordered for a pool operator to be on hand when the pool was in use. For the parents of Brian Guevara, the safety measures have come too late. There is simply no excuse for a pool to be as dirty as it was on the day of the swimming pool accident. The fact that bystanders standing at the pool's edge and swimmers inside the pool couldn't see Brian's body lying at the bottom could tell you of how bad the water was. There seems to have been appalling neglect on the part of the hotel management, which has so far refused to comment on the lawsuit. Brian's parents wasted valuable time looking all over the hotel for their son when they couldn't find him around the pool. With cleaner water in the pool, it is highly likely that someone would have spotted the little boy at the bottom of the pool as soon as he began to drown. We hope this swimming pool accident raises the bar for safety standards to prevent more accidents. We also hope Brian's family can win the compensation for their suffering. If you have been injured in a swimming pool accident, you need the help of an experienced California personal injury lawyer. Contact an attorney at The Reeves Law Group for a free consultation.
Dallas Woman's Family Sues Company in Truck Accident
May 05, 2008
Topic: Truck Accidents
The family of a Dallas woman who was killed in a truck accident, in which a concrete truck landed on top ofher SUV, has filed a lawsuit against the truck company.
Texas Industries, the company that owned the truck, has been accused by the plaintiff's attorneys of keeping a fleet of vehicles that was badly maintained.
The truck accident in question dates back to April 11 of this year. Maria Gamez, a Dallas real estate agent, was driving with her 5-year-old daughter, Angelica, on John Carpenter Freeway. A Texas Industries cement truck driven by Edward Magallan lost control and, loaded with 50,000 pounds of fresh concrete, flipped over the center median landing on top of Maria's SUV. She died instantly in the truck accident. Her daughter sitting in the passenger seat of the SUV was stuck in the car for more than two hours before emergency workers were able to extricate her. All the while fresh cement poured into the car from the overturned truck, terrifying the girl.
The truck accident lawsuit that has been filed mentions the pain and suffering that this little girl has suffered. It also claims that Texas Industries has a poor history of truck maintenance.
There's enough data in the truck accident case to show that Texas Industries does indeed have a bad record of fleet maintenance. The company itself has denied that its trucks were anything less than top notch, and the driver, Magellan was properly licensed and certified. It has never had an unsatisfactory compliance review, the company says. But ground realities are very different.
During a two-year period and over 1031 inspections, Texas Industries trucks were put out of service a total of 297 times. The nature of violations ranged from maladjusted brakes, bald tires, and defective brake lights, to broken wheel rims and improperly secured loads. In short, these vehicles were in a fit condition to cause truck accidents of this nature. Magellan himself does not have a clear record. He was cited for a drunk driving accident in 1999, and has a total of 5 convictions for failure to maintain liability insurance. There have also been convictions for speeding and disregarding traffic devices. He also had his license suspended twice.
A fleet that was poorly maintained, and a driver with a record of disobeying traffic rules, speeding and drunk driving - the perfect combination to cause a devastating truck accident. Magellan has claimed that another vehicle tried to cut him off, and that's what made him lose control of the truck. When you're driving a massive truck containing 50,000 pounds of fresh concrete, you better make sure that you have your vehicle under control. People cut other vehicles off all the time, it happens everyday. When you're out on the road with a massive machine, you make sure to take all precautions, and take all possibilities into consideration. There is no information about whether Magellan was speeding at the time of the truck accident, but if he was driving at a reasonable speed, then it would have been possible to control his truck, regardless of whether someone cut him or not.
Now there's a woman dead due to no fault of hers, and a little girl that's been terribly scarred, and will have to grow up without a mother - whose fault is that?
If you have a loved one who has been injured or killed in a truck accident, you need the help of an experienced California personal injury attorney. Contact a lawyer at The Reeves Law Group for a free consultation.
Parents of Girl Injured in Car Accident Sue Turlock School District
May 02, 2008
Topic: Auto Accidents
New signs that warn drivers of a school crossing have been installed at the crosswalk where Geer and Pedras Roads in Turlock, California meet. But it's a little late in the day for them to be of any use to Rachel McClure. The 7-year-old is brain damaged after a car accident in the crosswalk. Her family has now filed a lawsuit against Turlock Unified School District seeking $2.8 million in damages.
Last October, Rachel, along with her older sister Rebecca, was heading home from school, and stepped into the crosswalk. They didn't see the Toyota Camry that was racing trying to beat the red light until it had slammed against Rachel. The girl was flown to University of California at Davis Medical Center in Sacramento after the car accident. She was in the hospital for a total of four weeks, one of which she spent in a coma. She suffered a range of injuries in the car accident - a broken leg, a broken hip, skull fractures and brain injuries. She has suffered long lasting effects of the car accident - brain damage.
The driver of the car, an illegal alien, is believed to have fled back across the border. Rachel's family also blames the Turlock Unified School District, which is named in the lawsuit. Rachel and Rebecca, who attended Crowell Elementary School, were told last year that they were being moved to another school, where they would have no bus service. Their mother, Tonya, is disabled and has no driver's license, and she petitioned the district for a bus pickup. The district informed her that her girls could attend Sandra Tovar Medeiros Elementary School in north Turlock. The children would be picked up and dropped off at the Crowell Elementary School, and would have to walk from there. This was where the car accident occurred.
The crux of their lawsuit is that there were no crossing guards posted at the point where Geer Road meets Pedras Road. There were two crossing guards posted at two other points, although the school has not confirmed if they were on duty at the time of the car accident.
In their response to the lawsuit, the school board authorities have passed off the blame of the car accident on the McClure's, saying they "assumed the risk" when they decided to send their daughter to school knowing that she had to walk home after being dropped off at Crowell Elementary. Actually, there shouldn't have been an element of risk in a child walking home from school, and there wouldn't have been if there had been a crossing guard posted where the car accident occurred. Going to and coming home from school should not be a dangerous matter, especially when the school district has taken the responsibility of busing them to and fro on itself.
If arrangements could not have been made to provide a bus service that would pick them and drop them off right at their doorstep, there should have been crossing guards to make up. These were 7 and 8 years old girls, - you can't just dump kids of that age at a major and busy intersection, cross your fingers and hope someone won't take it into his head to speed or run a red light. The school district has not only been negligent, but also callous in its response to the McClures.
If you have been injured in a car accident, you need the help of an experienced California personal injury lawyer. Contact an attorney at The Reeves Law Group for a free consultation.
Witnesses in Bakersfield Car Accident Case Testify
May 01, 2008
Topic: Auto Accidents
A team of expert witnesses has finished testifying in the vehicular manslaughter case against Gordon Douglas Tutton, who was involved in a fatal car accident last year.
61-year-old Tutton is accused of running a stop sign on the Lerdo Highway last August, and crashing his car into a SUV carrying a woman, her son and a friend. The boy, 16-year-old Brock Christian Bellue, was killed in the car accident. His mother, Bakersfield, California resident Kellie Roland, had been driving the car. She suffered broken ankles. The other person in the car was Jordan Root, the 13-year-old child of a family friend, who suffered minor injuries.
The weeks of testimony since the car accident has raised several possibilities, and new facts have come to light. For one, blood tests done on Tutton have revealed the presence of Valium and traces of marijuana in his blood. So, he wasn't just speeding and breaking traffic rules, but was also intoxicated. The case has now been handed to the jury who has to decide whether Tutton was behind the wheel of his car at the time of the car accident. Both Kellie and Root, who were in the car at the time of the crash, have firmly pointed to him as the driver, and said they have no doubt that he was the one driving. However, his defense team has rounded up three police officers who claim that after the car accident Shalee Cole, who was in the car with Tutton, confided that she had been driving the car. When asked to testify, Shalee invoked the Fifth Amendment, which could be seen as an admission.
There are several other factors that have sent the case swinging in either direction. For instance, defense experts have said that Cole suffered injuries that are consistent with someone who was driving at the time of the car accident. But emergency room doctors who treated Shalee after the car accident have said that she suffered no injuries to areas that could have been hurt were she driving, like on her chest. Cole's mother also played a part in the case, telling the jurors that her daughter had confided in her that she had been driving the car.
Tutton himself hardly paints the wrongly accused figure here. He has been accused of drunk driving in the past, and has faced prior charges of drug possession and selling marijuana.
Tutton's defense says he has been made a scapegoat in the car accident, and the police and the community in general, have been too quick to blame him. He said the proceedings sometimes resembled an "inquisition." The jury will continue deliberating on the matter, so we could have a few more days to wait until the truth about whether this was an "inquisition" or a regular DUI case comes into the open.
Regardless of whoever turns out to have been driving the car the night of the accident, we hope Brock's family will pursue all legal courses open to them.
If you have lost a loved one in a car accident, you need the help of an experienced California personal injury attorney. Contact a lawyer at The Reeves Law Group for a free consultation.
Woman Killed in Orange County Car Accident
April 30, 2008
Topic: Auto Accidents
Once again a terrible car accident drives home the reality that driving is a privilege that should be exercised with caution. A seven-car pile up on Talbert Avenue in Fountain Valley, California triggered by a Honda Pilot crashing into a car at a red light has killed one woman, according to the Orange County Register.
There was nothing to warn vehicles that were parked at the traffic light on west bound Talbert Avenue that in a few seconds they would be faced with the prospect of death or injury in a car accident. For 69-year-old Ann Shirley Mailman sitting in her Lexus at the traffic lights, there was nothing to prepare her for the crash that was to come. No screech of brakes, no warning smell of burning rubber. Just a huge and deafening crashing noise as a Honda Pilot driving at 50 miles per hour crashed against her car. The impact of the car accident was enough to set off a domino effect that played out impacting other cars standing at the lights. The car accident slammed the trunk into the back of the Lexus, and the two cars then managed to hit a Dodge Ram right next to the Lexus. The Lexus then slammed into a Mercedes station wagon, and then a Toyota. The Toyota in turn hit a silver SUV.
In all, 7 cars were impacted in the crash, some were totaled, and others suffered just minor damage. Anne Shirley Mailman died at the scene of the car accident.
The driver and passenger of the Pilot were taken to the UCI Medical Center in Orange, and the woman in the Mercedes Benz station wagon was also taken to the hospital for injuries after the car accident.
After the chaos had died down, it was noticed that the Pilot had a handicapped license plate and a wheel chair lift. A prosthetic brace fitted into a shoe was found near the scene of the car accident.
It's obvious now that the driver of the Pilot was physically disabled, and was speeding at the time of the car accident. The size and extent of the damage in the crash - involving a total of 7 cars - indicates that there was speed involved. A car going at normal speed can not only be controlled before it does damage or causes a car accident, but it also doesn't cause the kind of damage and the fatality that we have seen here.
Nobody knows the exact version of why the crash occurred, and the driver of the Pilot hasn't yet given his version of events. Investigators will definitely have questions to ask, however. Why was it not possible to brake the car when it reached the red light? Did they even attempt to apply the brakes?
People who are disabled need to be extra careful when they are on the road. Due to their physical limitations, reflexes may not be as quick as expected in a car accident.
If you have been injured in a car accident, you need the help of an experienced California personal injury lawyer. Contact an attorney at The Reeves Law Group for a free consultation.
Civil Lawsuits Filed in Los Angeles County Train Accident Case
April 29, 2008
Topic: Train Accidents
61 victims of the train accident that occurred in downtown Glendale, California, in which Juan Manuel Alvarez parked his Jeep Grand Cherokee on the tracks in an unsuccessful bid to commit suicide, have filed a civil lawsuit against the Metrolink and the Los Angeles County Metropolitan Transportation Authority.
The arguments in the lawsuits include the fact that better safety measures would have prevented Alvarez from accessing the tracks. They also mention that the controversial push-pull system, which has many rails safety experts upset and calling for its elimination, played a huge role in the train accident.
On January 6, 2005, Alvarez, who had been estranged from his wife, parked his Cherokee on the railroad tracks. His intention, he later told police, was to kill himself when the train crashed into his vehicle. Things went the way he planned, at the beginning. He parked his Cherokee, and the train came barreling toward him. When the train accident occurred, there were 11 people dead and more than 180 passengers injured. Alvarez, however, was still alive. Apparently he had aborted his suicide attempt at the last minute, but did not or was not able to move his Jeep.
In the weeks that followed, investigators mulled over whether the man intended to kill anybody else or not, and what his real intentions were. A criminal case was filed against him, and a trial is set to begin.
Meanwhile, a civil trial that seeks compensation for victims of the train accident puts much of the blame squarely on the Metrolink and the Los Angeles County Metropolitan Transportation Authority. While the media has made a splash about Alvarez' role in this tragedy, attention has been focused away from one of the deciding factors in this crash - the push-pull system, which was operating at the time of the train accident.
The push-pull system has been found by rail safety experts to be very dangerous, with great potential to cause deaths and injuries in a train accident when the engine is at the rear end. So great is the danger, that the passenger cars that are leading the train are often called "coffin cars" to denote the slim possibility of surviving a crash. The Brotherhood of Locomotive Engineers and Tradesmen have been lobbying for an end to a system they say puts passengers at unnecessary risk of fatality in a train accident. In experiments conduced, it was seen that in crashes where the engine was pulling, the damage to passenger cars was minimal, and very few of them toppled over. When the engine was pushing on the other hand, passenger cars were thrown about and suffered major damage.
The reason why the system is still in place is because the other alternative is too expensive. This is just another instance of agencies putting profits before safety of the passengers. When tax payers ride a train they don't expect to be hurt in a train accident because the agency hasn't seen fit to use those tax dollars and train fares to design and implement a safer system. Regardless of Alvarez's lunacy and whether he meant to cause the crash or not, the LACMTA has a lot to answer for. We hope this lawsuit will be the beginning of long over due changes in the rail systems.
If you have been injured in a train accident, you need the help of an experienced California personal injury attorney. Contact a lawyer at The Reeves Law Group for a free consultation.
Dealers Sell Salvaged Vehicles with Defective Car Parts
April 28, 2008
Topic: Motor Vehicle Defects
A new report in the Public Citizen warns of hundreds, if not thousands of accidents that could be just waiting to happen on our country's streets and highways. Unscrupulous dealers are passing off totaled junk with serious auto defects onto unsuspecting customers as second hand cars. The poor shape these cars and trucks are in, the presence of serious auto defects and the lack of safety mechanisms in these vehicles make them prone to dangerous accidents on the roads, and the owners aren't even aware of the problem.
This sale of potentially harmful vehicles has been happening all over the country for a while now. Dealers get hold of vehicles that have been damaged in fires and floods, or have been stolen, and are in a state of disrepair and riddled with auto defects. These vehicles are then given a makeover to look pleasing and new enough to prospective buyers. When the buyer falls for the bait, the buyer has no idea the car has been ravaged by a crash or a fire or flood. The only inkling they have that they have been scammed is when the vehicle begins to spend more time at the service center than on the road. Even then, there is no reason to suspect a scam - until it's time to sell the car. It's only then that the truth comes out.
The list of car defects that these salvaged cars have is long and extensive. Headlights don't work, and seat belts are defective. Plus, there are the many hidden safety car defects that are hidden inside the engine. With the kind of cosmetic alteration that these salvaged cars receive, it's safe to assume that the core of the vehicle is damaged, and unsafe for use on the streets.
The depth of deception and the dangers arising from this are shocking. One Illinois couple took their second hand car to the service center after the husband was involved in a minor accident. Imagine their shock when the service technicians told them that their so-called used car was not even a single car - it was made by welding the bodies of two separate cars! The husband was very lucky to be alive - in a car like that and in an accident, the chances of the body of the vehicle disintegrating are very high.
It's this callous disregard for safety of citizens and the government's apathy in dealing with unscrupulous practices that have led to citizen's rights groups fuming. In 1992, the government approved the setting up of a national database that would make information available to second-hand car buyers about the origins and the background of the car they were considering buying, which would alert them to the prospect of car defects. This would help people make informed choices, it was believed. It's been more than a decade later, and the government has not moved further ahead on the matter. The Justice Department keeps promising to proceed on the subject, but so far there has been no funding made available for the setting up of the database.
This lack of inaction by the government is baffling. In the meantime, we wonder how many cars with defective safety belts, malfunctioning brakes and other such car defects are out on the streets right now.
If you have been injured as the result of a defective car part, you need the help of an experienced California personal injury lawyer. Contact an attorney at The Reeves Law Group for a free consultation.
Kenwood Woman Charged in Drunk Driving Accident
April 25, 2008
Topic: Drunk Driving Accidents
A Kenwood woman will go to trial for gross vehicular manslaughter after a judge ruled that there was enough evidence against her in a drunk driving accident that killed a Santa Rosa, California resident. The woman, Chelsea Tedeschi, was under the influence at the time of the crash, which occurred on July 17.
The drunk driving accident occurred a mile east of Oakmont, California on Highway 12. The victim, Jane Beverly Todd, was riding in a car being driven by her 16-year-old son Doug. According to his testimony, the two of them were returning to Santa Rosa when an incoming car veered into his lane. He tried to swerve into the eastbound lane to avoid her, but the cars collided anyway. Tedeschi's car ended up 100 feet away from the point of impact.
Jane Beverly Todd died at the scene of the drunk driving accident. Tedeschi was taken to Santa Rosa Memorial Hospital for treatment of her injuries, and was given a blood alcohol test. The readings were 0.19 percent, 0.20 percent and 0.22 percent.
Tedeschi admitted to officers that she had had two glasses of Chardonnay over dinner with her mom, and had two vodka shots after that in her apartment, before the drunk driving accident. She had also taken an anti-depressant pill. She also admitted that she shouldn't have been driving.
Well, it's a little late for that moment of truth. This hindsight clarity doesn't bring back Jane Beverly Todd, and it doesn't help her family deal with her loss.
Tadeschi's attorneys have come up with a drunk driving defense that's sure to tug at the heartstrings. Apparently, Tedeschi was recovering from an abusive relationship, and had been on anti-depressants at the time of the drunk driving accident. Surely the doctor who prescribed her anti-depressants did not advise her to take the pill, mix it up with some vodka and a little Chardonnay and go right ahead and drive off at night.
There's a little thing called accountability for your actions that this young woman has obviously not heard of. When she gets into a car dizzy from all the pills and alcohol in her, she takes responsibility for any drunk driving accidents that may happen on the road. People have relationship problems. They break up. They get depressed. If we begin to use that as an excuse for drunk driving accidents, we insult the memory of those who died needlessly as a result of their behavior. Why did Jane Todd have to pay for any personal problems Tedeschi had? There are so many things she will never be able to do now - watch her son graduate from college, weep at his wedding, see her grandkids. And all because a woman who should have known better chose to take no responsibility for her actions.
As expected, Tadeschi has pleaded not guilty charges related to the drunk driving accident. The Todds, however, have moved ahead with a wrongful death lawsuit against Tadeschi. That case will come up in September.
If you have been the victim in a drunk driving accident, you need the help of an experienced California personal injury lawyer. Contact an attorney at The Reeves Law Group for a free consultation.
California Nursing Home Fined $100,000 for Abuse
April 24, 2008
Topic: Nursing Home Abuse
Changing names doesn't really change the way a nursing home is run, or the sort of abuse that is carried on within its walls. Over a period of time, the Marysville Care Center in Marysville, California has gone by a number of names - Sunrise Care Center, Sunbridge Care Center and Two Rivers Care Center. For a nursing home of its size - just 86 beds- the instances of negligence leading to elder abuse that were reported after inspections were considerably higher than the average for facilities in this size segment. Now, the facility has come under added scrutiny after a patient was found dead with her head stuck between the bedpost and the bed railing. 84-year-old Dorothy Rothacher is believed to have died from to asphyxiation. She was only discovered in the morning.
The home has been fined $100,000 by the California Department of Health and Human Services. The fine was levied on February 27 after a series of investigations that revealed a number of instances of negligence and nursing home abuse, which contributed to Rothacher's death.
The investigations into the nursing home abuse revealed that the facility failed to use bed alarms that would have warned staff that she was about to leave her bed. They also failed to lower her bed rails. The level of ineptitude going on can be gathered from the fact that none of the staff seemed to even agree on whether Dorothy was in the habit of leaving her bed or not. One nurse claimed she was constantly getting out of her bed, and then a few months later, changed her testimony to read that she never got out of bed, taking pains to point out they had once found Dorothy on a mat placed near her bed.
This sort of negligent care of a patient who has a history of Alzheimer's disease, psychoses and osteoporosis, is no doubt what led to the tragedy. On the morning of May 21, 2007, Dorothy was found lying on the floor with her head stuck between the bed and the rails. The cause of death was ruled as asphyxiation arising out of a fractured larynx. This is a case of nursing home neglect and abuse, pure and simple.
It's no secret that the management of Marysville Medical Center also manages the Yubas City Care Center, which has the dubious distinction of being the very worst nursing home in California, with the most number of nursing home abuse citations against it. It may not be hard to conclude that the management that is responsible for the California's worst nursing home could also have been responsible for the kind of shoddy functioning and abuse at its other facility that led to the death of a patient.
In Dorothy's case, the care plan after her admission asked for the installation of a bed alarm, and the positioning of bed rails at the top portion to enable her to get out of bed from the lower section. As the citation read, these points were completely ignored, and the nursing home failed to protect her and safeguard her environment, leading to her death.
If you have a loved one who has been the victim of elder abuse or nursing home neglect, you need the help of an experienced California personal injury attorney. Contact a lawyer at The Reeves Law Group for a free consultation.


