Texas Man Files Wrongful Death Lawsuit Against Ex-Wife

In recent news, a Texas man filed a wrongful death lawsuit against his ex-wife and her two friends who assisted her in obtaining an abortion.

The Case: Marcus A. Silva v. Jackie Noyola; Amy Carpenter, formerly known as Amy Symmank; and Aracely Garcia

The Court: Galveston County - 56th District Court

The Case No.: 23-CV-0375

The Plaintiff: Marcus A. Silva v. Jackie Noyola; Amy Carpenter, formerly known as Amy Symmank; and Aracely Garcia

The plaintiff in the case, Marcus A. Silva, resided in Galveston County and was previously married to defendant Brittni Silva until their divorce in February of 2023. The Galveston County man sued three women under the wrongful death statute, alleging they helped his ex-wife terminate her pregnancy.

The Defendant: Marcus A. Silva v. Jackie Noyola; Amy Carpenter, formerly known as Amy Symmank; and Aracely Garcia

The defendants in the case, Jackie Noyola; Amy Carpenter, formerly known as Amy Symmank; and Aracely Garcia, include the plaintiff’s ex-wife and two women he alleges assisted her in arranging to have an abortion in the summer of 2022. According to Silva, his now ex-wife allegedly discovered she was pregnant in July 2022, a month after the overturn of Roe v. Wade. She allegedly conspired with two friends who helped her arrange to obtain abortion-inducing medication so she could terminate the pregnancy illegally.

The Case: Marcus A. Silva v. Jackie Noyola; Amy Carpenter, formerly known as Amy Symmank; and Aracely Garcia

The case, Marcus A. Silva v. Jackie Noyola; Amy Carpenter, formerly known as Amy Symmank; and Aracely Garcia, is the first case of its kind to be brought since the state’s near-total ban on abortion in the summer of 2022. Under Texas law, someone who assists a pregnant woman in obtaining a self-managed abortion commits the crime of murder and can be sued for wrongful death (See Texas Penal Code § 1.07; id. at § 19.02; id. at § 19.06 (murder statute); Tex. Civ. Prac. & Rem. Code § 71.001 et seq. (wrongful-death statute). After learning of the defendant’s involvement, Marcus Silva brought suit against them for wrongful death and conspiracy.

If you have questions about how to file a California wrongful death lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

A Southern California School District Agreed to Implement Safety Changes Along with $15.75M Settlement

After the death of an asthmatic student, a Southern California School District agreed to a settlement of $15.75 million, including requirements that they implement safety changes.

The Case: Sepulveda v. Yucaipa-Calimesa Joint Unified School District

The Court: Superior Court of the State of California, County of San Bernardino

The Case No.: CIVDS2016435

The Plaintiff: Sepulveda v. Yucaipa-Calimesa Joint Unified School District

The plaintiff in the case was the mother of 13-year-old Adilene Carrasco, a Mesa View Middle School student. Adilene Carrasco died after suffering an asthma attack on the school campus. The incident occurred on Halloween 2019. The child's mother alleged the school failed to follow its own safety protocols, resulting in her daughter's death.

The Defendant: Sepulveda v. Yucaipa-Calimesa Joint Unified School District

The defendant in the case, Yucaipa-Calimesa Joint Unified School District, offered a $15,750,000 settlement less than a month before the case was due to go to trial.

The Case: Sepulveda v. Yucaipa-Calimesa Joint Unified School District

In addition to the monetary settlement offered to the student's mother, the district also agreed to the following:

1) partner with asthma medical experts in the area so they could offer appropriate asthma management training to teachers and school staff,

2) adopt the California School Board Association's best practices on school-based asthma management, and

3) implement specific changes to the current protocols on the safety and supervision of students with asthma or other medical conditions.

If you have questions about how to file a California wrongful death lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Elderly Woman’s Family to Receive $6M Settlement for Wrongful Death Lawsuit

In recent news, an elderly woman who died when an oncoming vehicle hit her as she crossed in an unmarked city crosswalk will receive a $6 million settlement.

The Case: Sheram Nadimyan, et al. v. City of Glendale

The Court: Los Angeles County Superior Court

The Case No.: 19STCV29013

The Plaintiff: Sheram Nadimyan, et al. v. City of Glendale

The plaintiff in the case is the family of an elderly woman, Novar Ismailyan, who was struck and killed by a car in an unmarked city crosswalk in Glendale. The family claimed that the crosswalk was unsafe.

The Defendant: Sheram Nadimyan, et al. v. City of Glendale

The defendant in the case, the City of Glendale, reached a $6 million settlement with the victim's family while the jury deliberated.

The Case: Sheram Nadimyan, et al. v. City of Glendale

In the case Sheram Nadimyan, et al. v. City of Glendale, the jurors returned on a Monday for a third day of deliberations to a settlement agreement. The Ismailyan family sued the city of Glendale after she was killed in 2018. Ismailyan's death occurred when she was using an unmarked city crosswalk one evening when she was struck by an oncoming vehicle. There was no settlement offer before the trial. During the trial, counsel for the plaintiff asked for an award of over $10 million based on arguments that the city crosswalk lacked necessary signage and other warnings to notify drivers to yield to pedestrians in the crosswalk. While the city maintained throughout the trial that the speeding driver caused the incident, the driver was not an active party involved in the case during the trial. While the jury deliberated, the two parties reached a settlement agreement.

If you have questions about how to file a California wrongful death lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Lala Trucking & Independent Contract Driver Face Wrongful Death Lawsuit

In recent news, a trucking company faces allegations of wrongful death in a lawsuit filed by the victim’s partner.

The Case: Spangle the Clown v. Lala Trucking, Inc. and Baljinder Singh

The Court: US District Court for the Western District of Missouri

The Case No.: 6:2022cv03324

The Plaintiff: Spangle the Clown v. Lala Trucking, Inc. and Baljinder Singh

The plaintiff in the case, Spangle the Clown, filed a wrongful death lawsuit against a truck driver and the trucking company he was driving for when the incident occurred. Before legally changing his name over 20 years ago, Spangle the Clown was known as Ronald Poindexter. In October 2022, Spangle the Clown filed a wrongful death lawsuit in Greene County, Missouri due to the death of his partner, Gloria Jean Grimsley. The two had a magic act and posed as Mr. and Mrs. Claus annually during the Christmas season. Grimsley’s adopted daughter, Amanda May, later filed a motion to join the wrongful death lawsuit.

The Defendant: Spangle the Clown v. Lala Trucking, Inc. and Baljinder Singh

The defendants in the case are Lala Trucking, Inc. and Baljinder Singh. Lala Trucking, Inc, founded by Varinder Singh in 2019, is a Fresno, California-based trucking company, and Baljinder Singh is one of their drivers. On March 23rd, just after 5 am, Grimsley was driving on US Highway 65 just north of Springfield when a 2016 Freightliner Cascadia driven by Bljinder Singh struck her vehicle, a 2000 Pontiac Montana. Singh was operating his vehicle as an independent contractor for Lala Trucking. Grimsley was pronounced dead upon arrival at the hospital.

The Case: Spangle the Clown v. Lala Trucking, Inc. and Baljinder Singh

Lala Trucking operates four trucks and uses six drivers. The company hauls fresh produce, meat, and other refrigerated foods. The Missouri Department of Transportation investigated the incident citing Baljinder Singh and Lala Trucking for failure to yield the right of way, an unsafe driving violation, and a false report of the driver’s record of duty status, which is an hours-of-service violation. Both defendants listed were also hit with two vehicle maintenance violations after the fatal crash, including an automatic airbrake adjustment system failing to compensate for wear and a clamp/roto-type brake that was out of adjustment on the truck.

If you have questions about how to file a California wrongful death lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Capitol Police Officer’s Girlfriend Files Wrongful Death Lawsuit

Officer Brian Sicknick's girlfriend, Sandra Garza, filed a wrongful death lawsuit on January 6th, seeking $10 million from Trump and two others listed defendants.

The Case: Sandra Garza v. Donald J. Trump, Julian Elie Khater, and George Pierre Tanios

The Court: U.S. District Court for the District of Columbia

The Case No.: 1:23-cv-00038

The Plaintiff: Sandra Garza v. Donald J. Trump, Julian Elie Khater, and George Pierre Tanios

The plaintiff in the case, Sandra Garza, was Officer Sicknick's longtime girlfriend. Garza filed a wrongful death lawsuit accusing the defendants' campaign of lies and incendiary rhetoric as the cause of the U.S. Capitol ransacking in 2021 and, ultimately, the wrongful death of Sicknick. Officer Brian Sicknick died a day after the siege. Khater and Tanios, defendants in the case, were arrested in March 2021 and accused of assaulting officers with pepper spray. One of the officers they assaulted, Sicknick, collapsed later that day and died the following day after he suffered a series of strokes. After a medical examiner determined Sicknick died of natural causes, neither of the two listed defendants was charged with the officer's death. However, Khater pleaded guilty to assaulting Sicknick and another officer, USCP Officer Caroline Edwards.

The Defendant: Sandra Garza v. Donald J. Trump, Julian Elie Khater, and George Pierre Tanios

Sicknick died while trying to stop the insurrectionist effort at the Capitol. Garza's wrongful death lawsuit listed three defendants. Julian Khater and George Tanios were sentenced in federal court for their part in the assault on Sicknick. Tanios purchased the pepper spray used during the attack. Khater received one of the most severe sentences of the Capitol riot defendants.

The Case: Sandra Garza v. Donald J. Trump, Julian Elie Khater, and George Pierre Tanios

Garza's lawsuit requests $10 million in damages to be paid by each defendant named in the suit. In addition, the plaintiff requests punitive damages and attorney fees and costs. Edwards, the other officer Khater pleaded guilty to assault with pepper spray during the riot, suffered a traumatic brain injury due to the assault.

If you have questions about how to file a California wrongful death lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced wrongful death attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Wrongful Death Allegations Claim TikTok Directed Kids to Dangerous Content

Parents of a 10-year-old who died after attempting to participate in a "blackout challenge" seen on TikTok filed a wrongful death lawsuit citing TikTok should have known their platform was directing children to harmful content.

The Case: Anderson v. TikTok Inc

The Court: US District Court, Eastern District of Pennsylvania (Philadelphia)

The Case No.: 22-cv-01849

The Plaintiff: Anderson v. TikTok Inc

In 2021, a ten-year-old was found hanging from a purse strap in a closet of her Pennsylvania home. Following her child's death, the mother filed a wrongful death lawsuit alleging that TikTok recommended the "blackout challenge" video to the child on her TikTok account's "For You Page."

The Defendant: Anderson v. TikTok Inc

Versions of the Blackout Challenge have been posted across various platforms encouraging viewers to record themselves choking to the point of passing out. The "challenge" has been blamed for the deaths of multiple children in recent years, with additional wrongful death lawsuits with similar allegations against TikTok pending in federal courts in Oakland and Los Angeles.

The Case: Anderson v. TikTok Inc

The judge ruled that TikTok was not liable for the child's death who watched a blackout challenge video. According to US District Judge Paul Diamond's ruling, even if TikTok recommended the video on the child's For You Page, federal law shielded TikTok from liability in Nylah Anderson's death. Judge Diamond said TikTok couldn't be sued for wrongful death due to sharing a blackout challenge video on their platform because promoting a video to a user is shielded from liability under Section 230 of the federal Communications Decency Act. Section 230 was added to the 1996 law to protect online content providers from being buried under massive litigation due to user-posted content shared on their online platforms. The plaintiffs disagreed with the judge's interpretation of Section 230, arguing that it was not intended to allow social platforms to send dangerous content to children. The Andersons intend to continue advocating for increased protection for children from the dangers presented by the social media industry.

If you have questions about filing a California wrongful death lawsuit, don't hesitate to contact Blumenthal Nordrehaug Bhowmik DeBlouw L.L.P. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.

Hayward, California Resident Alleged Uber Driver Caused Traumatic Brain Injury

Last month a California traumatic brain injury lawsuit filed in Alameda Superior Court was resolved when the two parties agreed to a settlement.

The Case: Sanchez v. Hamzat

The Court: Alameda Superior Court

The Case No.: 22CV007178

The Plaintiff: Sanchez v. Hamzat

The plaintiff in the case, Sanchez, and his 15-year-old brother were skating around the neighborhood on motorized longboards in Hayward, California on February 22, 2020, when an Uber driver hit them. According to the plaintiffs, the incident occurred at an intersection with a green light. One of the plaintiffs, Sanchez, sustained a traumatic brain injury and a fractured ankle. The injuries required multiple surgeries. Sanchez’s 15-year-old brother was traumatized by the incident, having seen his older brother be run over by the vehicle. The police found the two brothers at fault because they were not in the crosswalk. The plaintiff was scheduled to start a new job as a TSA agent at SFO only days after the incident occurred, but his injuries left him unable to work. The traumatic brain injury lawsuit was filed in Alameda Superior Court on February 17, 2022.

The Defendant: Sanchez v. Hamzat

The defendant in the case, Hamzat, was the Uber driver allegedly responsible for the incident. The defendant argues that the plaintiffs are at fault because they were in the intersection, the light was red, they were not wearing bike helmets (as required by California Vehicle Code Section 21292), and they did not use a lamp (as required by California Vehicle Code Section 21293).

The Case: Sanchez v. Hamzat

Despite a police report that indicated the plaintiffs were at fault, their legal counsel argued that they were in the vehicle lane in compliance with California Vehicle Code Section 21294. The law states electric motorized longboards can use the vehicle lane when the posted speed limit is 30mph or less. During the case, evidence indicated that the plaintiffs entered the intersection during a green light, and it turned red before they could exit the intersection. The plaintiffs also argued that the defendant was in a hurry, which caused him to violate the law by failing to yield to the plaintiffs who were already in the intersection (California Vehicle Code Section 21800(a)). On February 17, 2023, the two parties resolved the case when they agreed to a settlement.

If you have questions about how to file a California traumatic brain injury lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.