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May 09, 2008
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Wrongful Death
U-Haul Charged in a Wrongful Death Lawsuit
September 17, 2007
The widow and family of a 68-year-old California resident who died trying to save a U-Haul worker have filed a wrongful death lawsuit against the Phoenix based company.
Demetrio Nagtalon, a resident of Daly City, California had rented a U-Haul truck to move equipment from his video store. When he noticed the parking brake malfunctioning, he brought the truck back to the U-Haul rental center in San Francisco, California. As Nagtalon watched, an employee slid under the dashboard to fix the problem. The worker, Bobby Johnson, neglected to shut off the engine, and parked the truck on an incline without bothering to block the wheels. When the truck suddenly began to roll down, Nagtalon, in an attempt to rescue Johnson, became trapped between the truck and a steel pillar. He suffered severe pelvic injuries and massive internal bleeding. He succumbed to his injuries a couple of hours later.
In the lawsuit, Nagtalon's family alleges that U-Haul and Johnson were negligent in keeping the engine running, putting the truck inpark, and conducting repair work at an unsafe location. U-Haul, the country's largest renter of trucks and trailers, however, puts the blame for the accident squarely on Nagtalon. He had no business placing "his safety at risk in a situation where his services were not required," the company said. This callous statement does not seem to take into consideration that the worker was in violation several auto safety rules. In fact, many former U-Haul employees say it's not uncommon for untrained mechanics to perform repairs at the company in an attempt to keep trucks moving and on the road.
The Los Angeles Times in a series of investigations had brought several safety issues at U-Haul to light. Many of the 100,000 trucks in the U-Haul fleet, it said, were aging, and the company did not have set maintenance standards for its fleet. Negligence in this case seems to have been the primary cause for Nagtolan's accident. To say that Nagtalon shouldn't have jumped in to rescue Johnson and that he was responsible for his own death is to add insult to this already tragic situation.
A wrongful death lawsuit can be filed in situations where a death occurs as a result of another person's negligence. If you have lost a loved one due to the carelessness of another, you might be entitled to compensation. Call the wrongful death attorneys at The Reeves Law Group for a consultation.
Settlement Reached in Wrongful Death Suit
September 07, 2007
Last year, the principal of a Santa Barbara County high school, Donald Wilson, and Marie Crook, a resident of Arroyo Grande, California were killed in a fatal car crash just east of Santa Maria California. Wilson was returning from a school trip while 75-year-old Marie Crook with her husband James Crook was returning from an anniversary celebration in Laughlin. According the California Highway Patrol, the accident occurred when Wilson for reasons yet undetermined crossed into the westbound lane and struck the Crook's Chevrolet pickup. Wilson died on the spot while Marie and James were airlifted to nearby hospitals with severe head injuries. Marie succumbed to her injuries a few days later.
According to the Santa Maria Times, the Crook family filed a lawsuit against the Cuyama Joint Union School District and Wilson alleging wrongful death, personal injuries and property damage. The family's attorneys said that the case which was earlier set to go to trial has now been settled out of court to the tune of $1.5 million dollars. $1.4 million dollars were paid by the school district while another $100,000 were paid from Wilson's insurance money.
According to the Crooks, they didn't want the case to go to court because they feared James Crook wouldn't live long enough to see it through. Fortunately, like in most personal injury claims, it was settled before it even got to trial.
The plaintiff pursued compensation from the school district because Wilson was an employee of the school and was responsible for negligent driving, causing the fatal crash. When an on duty employee is clearly at fault, his employer can be held liable for personal injuries or wrongful deaths that may occur because of his negligence.
Pinning liability in a personal injury or wrongful death case isn't easy in a complicated car accident. You need to have tenacious attorneys on your side and you need to act fast, as soon after the accident as possible to maximize your chances of a settlement. If you're looking for representation in a personal injury case, call the car wreck lawyers at The Reeves Law Group for a free consultation today.


