The family of a son who died in a car accident has recently filed a negligence lawsuit arising out of the Mateo County Coroners Office handling of the mans' body parts. According to the lawsuit, the coroners office caused the family severe emotional distress when it sharing brain tissue of the man with a private pathologist in a wrongful death lawsuit. The parents, who are devoutly Jewish, assert that the Coroners Office violated California statutes concerning remains and neglect.
Negligence lawsuits can arise in many situations and involve instances where a duty of care has been created and a breach of that duty causes harm. Generally, a duty of care is a legal obligation that requires individuals, businesses or governmental entities to act with reasonable care to avoid a foreseeable harm. When an entity fails to act with sufficient care, and harm occurs the individual, business or entity may be held liable. The question of duty often turns on a complex legal analysis, so it is important to consult with a knowledgeable Sacramento personal injury attorney if you believe you or a loved on has suffered harm do to a careless or reckless act of another.
Here the actions stem from a wrongful death action filed after a fatal car accident. During that lawsuit, an attorney requested information concerning the son's brain tissue. Rather than turning over the contents of a written report the coroner handed over custody of the man's physical remains. The pathologist took several tissue samples, turning them into at least 20 different slides.
Pursuant to their faith, dissection for a not urgent or medical reason is "a matter of shame and gross dishonor." According to the lawsuit, the family experienced significant emotional distress as the result of the coroner's neglectful indifference to their faith. In legal terms, the family's negligence lawsuit alleges that the coroner breached its duty of reasonable care to the family. Additionally the family faults the coroner for carelessly disregarding a next-of-kin notification policy.
If you have suffered emotional or physical personal injury as the result of another's negligent conduct, it is important to contact a top Sacramento personal injury lawyer to discuss your case and ensure you receive the compensation you deserve.
News reports that a Menlo Park man who suffered serious personal injuries in a drunk driving accident has sued Hobo Limousines, Inc. for it's role in providing a "party bus" that allowed minors to drink for 4-hours during a "booze-cruise." In February 2010 after a 21st birthday celebration aboard a party-bus, a minor - 19-year-old Brett Studebaker - got behind the wheel and crash into a car driven by Gregory Hinman. Studebaker died in the drunk driving accident and Hinman suffered permanent brain damage and broken bones.
As a result of the crash, Assemblyman Jerry Hill has proposed legislation making drivers, companies and riders responsible for preventing underage drinking on party busses.
In many situations, more than one party may be at fault for causing an accident. If you or a loved one has been injured in a car accident it is important to consult with an experienced Sacramento personal injury attorney to begin an investigation into all of the causes of a particular incident in order to ensure you obtain all the compensation you deserve.
Here, the parties dispute who is at fault for the underage drinking. The company asserts that the people onboard were drinking prior to getting on the bus, but not during the ride, and that parents signed a contract agreeing that minors wouldn't be drinking. Conversely, the parents of Brett Studebaker blame the company asserting that it's the driver's responsibility to ensure that no minors were drinking while on the party bus and that the driver added to the drinking by providing a bottle of champagne.
Because California is a comparative law state, each party who has caused or contributed an injury may be held responsible. Where more than one defendant is found to blame, each party may be held liable for a percentage of the total.
This accident is a tragic reminder of the dangers of drinking and driving. What was meant as a celebratory party ended in heartbreak for two families.
For more information or if you or a loved one has been injured in a car crash or any other type of personal injury accident, contact a dedicated Sacramento personal injury lawyer at the Law Offices of Frederick J. Sette for a free, confidential consultation.