American Lawyer Academy » John Demas

Demas Law Group: Stunt Driver Lawsuit

John Demas — Wed, 20 Mar 2013 20:57:32 +0000

A stunt driver files a lawsuit for more than $1 million in medical bills, against Sony Pictures for injuries sustained while performing a motorcycle stunt. Despite the implications of the danger of his job, Michael Gaboff is requesting that Sony be required to pay his medical bills for what he claims was negligence on the part of the studio.
Michael Gaboff, a stuntman known as “Crazy Mike,” is suing Sony Pictures, Break Media and Next Point, Inc., for negligence, claiming that the $1 million in medical bills he accrued from a stunt gone wrong on the set of “Ghost Rider” were the fault of the studios.
Gaboff suffered a broken back, second-degree burns and collapsed lungs in April of 2012 when he was intentionally lit on fire and attempted to jump over a body of water. Gaboff claims that he argued with producers prior to the shooting of the scene over the exceptionally dangerous nature of the stunt. However, he says the studio chose to proceed without regard for the safety of himself or others who were endangered. The studio claims that Gaboff was hired as a third party and was himself responsible for the safety of the stunt. According to their argument, the studio is not responsible for his injuries.
Attorney John Demas notes, “Third-party contractors are normally responsible for their own safety when working on a job. However, there are exceptions to this rule. For example, if the hiring firm neglects to inform the contractor of specific dangers and someone is injured, the employing company rather than the contractor may be liable. In this case, the lawsuit is based on the idea that Sony and its affiliates failed to consider the safety of the stunt man and others by forcing the issue of a dangerous stunt. This type of case may or may not result in damages. If a jury finds that the stuntman was free to refuse the job and continued anyway, he may have a harder time convincing them that he should be awarded damages. On the other hand, if a jury finds that Sony and its affiliates coerced him into performing the stunt, the studio could be liable for his medical bills and other costs.”

About Demas Law Group: Demas Law Group is a Sacramento personal injury law firm whose attorneys represent victims of motorcycle accidents as well as those injured in car, truck, van or heavy equipment crashes. Demas lawyers also represent those who have suffered injuries from dog bites, defective products, or nursing home abuse. Demas Law Group offers free consultations to all injury victims to help them understand the implications of their cases and how they may be able to collect damages through a personal injury lawsuit.

Day Care Provider Acquitted of Child Endangerment

John Demas — Fri, 15 Feb 2013 23:58:56 +0000

A jury found a woman not guilty of charges that included felony child endangerment stemming from the death of a 10-week-old baby. The woman was providing daycare services in February of 2011 when the child died from what the coroner described as sudden unexpected infant death or SUID.

Prosecutors believed that the woman had left the baby while he showed signs of distress and failed to call for medical help. However, the jury found that she was not guilty of endangerment, although they did vote to convict her of misdemeanor health and safety violations. Her day care license has been permanently revoked.

What Is The Difference Between SIDS and SUID?

According to the Centers for Disease Control, the legal system has been moving away from the classification of SIDS or Sudden Infant Death Syndrome towards SUID or Sudden Unintended Infant Death. This suggests that investigators are using newer methods to determine the exact cause of death in these situations. Rather than a SIDS diagnosis which can cover almost any type of sudden death, SUID is usually qualified by some explanatory diagnosis such as suffocation.

Can Someone Be Held Liable for SUID?

The question of holding caregivers liable for SUID is a delicate one. In the past, it was well-understood by the legal and medical fields that SIDS was not due to neglect but was a random occurrence that could affect any family or caregiver at any time. While it was a tragedy, the prevailing wisdom was that SIDS incidents were no one’s “fault.”

However, with the tendency to classify these tragic occurrences as SUID there is more flexibility for a medical examiner or doctor to qualify the causes of death. This means that if a caregiver left a baby alone for a period of time or was negligent in some way the diagnosis of SUID may not automatically rule out the liability of that person. In the past, a diagnosis of SIDS may have removed the possibility of the family collecting damages.

What If I Have A Child Endangerment Case?

Child endangerment is a serious charge that can be prosecuted as a misdemeanor or a felony. It means behaving in a way that puts a child in danger of physical or mental damage. Child endangerment must be prosecuted through the criminal court system and punishment can include fines, jail time, probation or a combination of all three.

However, the criminal charges are only part of the story. If you have experience with a caregiver who has neglected or endangered a child, you may also be able to file a civil lawsuit for injuries sustained due to that neglect. A personal injury attorney can examine the circumstances of your case to determine if you should report the abuse or neglect to law enforcement and if you may be entitled to damages from the caregiver or other individual responsible for the abuse.

Restaurant sued by father for wrongful death

John Demas — Mon, 07 Jan 2013 22:01:38 +0000

The Mis Tres Amigos restaurant is facing a wrongful death suit after the death of a 22-year-old man during a party on the premises. The young man was attending an after-hours get-together at the restaurant that allegedly featured marijuana and alcohol. During the party, the victim somehow hit his head and was left in a booth, unconscious. The manager apparently left the victim in the booth and continued the party, failing to call for help. The next morning, the young man was found to be unresponsive and was transported to a local hospital, where he was declared brain dead.

Is The Restaurant Liable?

The young man’s father has filed a wrongful death lawsuit against the restaurant, claiming that they should have called for help earlier and had they done so, the victim might still be alive. Further, the father claims that the restaurant broke the law when it featured an after-hours party including alcohol and marijuana.

Premises liability law states that property owners are responsible for injuries that occur on their property when they fail to take reasonable care to prevent an accident. Under premises liability theories, the restaurant owners are indeed liable for providing a venue for the illegal party and for failing to treat the young man’s injuries when they occurred.

What About the Victim’s Culpability?

According to news sources, the victim had a previous conviction for drug possession in 2009. However, he had been in a treatment program and was studying to be a personal trainer at the time of the accident.

This young man may or may not have participated in the consumption of alcohol and drugs at the party. If he did, this could somewhat mitigate the liability of the property owner. However, even if a jury decided that the young man had contributed to his own accident, they could still find the property owner liable.

In California, the theory of comparative liability applies to situations in which the victim may have contributed to his or her own injuries. Comparative liability means that the victim shares some of the responsibility for the accident and the total amount of damages collected may be reduced by a certain percentage. For example, a jury could find that the young man was responsible for 30 percent of the liability for the accident. In that case, a $50,000 award would be reduced by $15,000. The restaurant owner would then be liable for the remaining $35,000.

However, if a jury decided that the young man’s actions directly led to the injury, the restaurant owner could be found to have no liability. This is not usual in premises liability cases such as this, although it remains a possibility.

Since the outcome of a jury trial is so uncertain, both parties generally settle the case outside of court. A personal injury lawyer will advise the victim’s family on the wisdom of making a settlement agreement prior to trial in such a case.

Child Sues Parents Over DUI Injuries

John Demas — Tue, 06 Nov 2012 20:22:37 +0000

Sacramento Accident Attorneys

A 12-year-old girl is suing her parents for allegedly causing an accident while driving drunk.

Drunk driver accidents are alarming, but perhaps never more so than when children are injured or killed. One little girl is striking back, however, by filing a lawsuit against the driver who killed her little sister and caused her serious injury. What is surprising about this lawsuit is the identity of the defendants: her own mother and father.

Faith Carberry, 12, of Longford, Ireland, was a passenger in her mother’s car one night five years ago when her mom, who had been binge drinking, crashed into an embankment. The accident killed Carberry’s sister, Ava, 6, and another child, Michaela Logan, 9. Faith and her friend, Michaela’s brother John, survived but were both injured in the crash.

Mary Carberry, Faith’s mother, was a chronic alcoholic who had lost her license after repeated DUIs before the crash. Faith’s grandfather, Anthony Carberry, helped Faith file a lawsuit against both her mother and her father, Tommy Varden, who owned the car involved in the crash. Varden was not directly involved in his children’s day-to-day welfare, although he did support them financially and had bought the vehicle in which Ava died and Faith was injured. Varden claims to have been unaware that Carberry was driving and was under the impression that someone else drove the children to and from school. Carberry crashed after a “pub crawl, when she stopped to pick up the kids from school. She claims to have blacked out and does not remember the accident at all. Carberry was sentenced to six years in prison for her role in the accident.

Unfortunately, Faith’s experience is not an isolated one. Every year, two-thirds of all children killed in car accidents are riding with drunk drivers, according to statistics compiled by Mothers Against Drunk Drivers. Many of these children are so young that they have no options when it comes to riding with impaired adults, unlike adults who can refuse a ride with an obviously intoxicated person.

John Demas, Sacramento accident attorney, of Demas Law Group, P.C., notes, “Children are the most pitiable victims of drunk driving, because so much of what happens to them happens at a parent’s instigation. If a parent chooses to drive drunk with children in the car, what can the children to do to stop him or her?” Mr. Demas goes on to say, “Education may be the best answer to the long-term problem, but there must also be accountability for those who deliberately choose to violate the law and put their children in harm’s way. Sometimes, that accountability comes in the form of criminal jail sentences. Sometimes, accountability comes in a financial form, as a means to compensate victims for their pain and suffering.”

About John Demas

John Demas is a Sacramento personal injury attorney who represents the victims of DUI accidents, as well as those involved in other vehicular collisions, pedestrian accidents, bicycle crashes, slip-and-fall accidents, dog bite injury accidents, and product liability lawsuits. Demas Law Group, P.C., is dedicated to giving injury victims the best possible legal representation.

Be Prepared for Emergencies with Home First-Aid Kits

John Demas — Wed, 24 Oct 2012 21:46:07 +0000

Emergencies, by their nature, do not announce their arrival. They simply happen, and when they do, a well-equipped home has the supplies and knowledge to meet the challenges they present. Of course, everyone in your household, even small children, can and should be taught to dial 911 and communicate basic information to the operator. However, one of the easiest and most effective ways to deal with sudden emergencies until help arrives is to have a good first-aid kit handy and have everyone in the family prepared to use it effectively.

Sacramento Injury Attorney

Adults and older children can be trained to perform CPR and crucial first-aid techniques by attending classes. CPR and First-aid certification classes in Sacramento are available through the American Heart Association.

First aid supplies should be stored in a place easily accessible to adults but not to small children. Emergency numbers, such as those of family doctors, should be posted in a conspicuous place, such as the front of the refrigerator. Numbers can also be programmed into cell phones so that every member in the family has access to this information instantly. Be sure that all family members have work and cell phone numbers for every other family member in their phones.

It is a good idea to keep a brief medical history of each family member with your first aid kit. This list should include any major surgeries, allergies, or medical conditions of family members, along with any medications taken on a regular basis and their locations.

Pre-made first-aid kits are sold by pharmacies and the Red Cross, but you can also make your own. Simple get a box with a snugly-fitting lid, and in this box place the following:

Adhesive bandages as well as gauze pads and tape.
Tweezers, scissors, a flashlight, and cotton swabs.
Aspirin, ibuprofen, and acetaminophen. Each should be included, but do not give aspirin to small children.
Antibiotic cream and hydrogen peroxide for disinfecting wounds.
An antihistamine for allergy attacks.
You may also want to include cough syrup, decongestants, and other health aids, although these can also be kept where you store your medications.

John Demas, Sacramento personal injury attorney comments, “Having a well-equipped first aid kit is a good first step to minimizing the damage from home accidents. However, the kit is only as effective as the people who use it. If you do not know basic first aid procedures, take a class immediately and share the information with your family. One of the most important things to know in a home emergency is what you are capable of doing and what you should not attempt. First aid and CPR lessons help you understand these limits.”

About Demas Law Group: Demas Law Group, P.C., is a Sacramento personal injury firm located in Sacramento, California, with offices in 14 cities around the state. Demas Law helps victims who have suffered injuries in accidents from vehicle collisions, slip-and-fall accidents, workplace injuries, and other physical and emotional trauma.