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San Jose, California Personal Injury Blog

California's Worker Injury Prevention Plan Has No Impact on Worker Injuries, Says New Report

  • 03
  • February
    2012

The California Commission for Health, Safety and Workers' Compensation has completed a study on the state's Injury and Illness Prevention Program that has shown that the program has had almost no effect on making California workers safer at their jobs.

Started in 1991, IIPP set forth requirements for California employers to create written plans that outline safe work practices, training and correction procedures.

According to the recent study, employers that do not develop and maintain a written safety plan (as required by IIPP) are involved in two-thirds of all IIPP violations. However, the study also showed that those same companies actually have better overall safety records than companies with no IIPP violations.

Corsiglia, McMahon & Allard Helps Victims of Childhood Sexual Abuse and Molestation

  • 01
  • February
    2012

Reports indicate that one in three girls and one in six boys are sexually abused before the age of 18. Yet it has taken the Penn State Jerry Sandusky case for the media to start reporting about child molestation claims.

In the news this week, reports out of Los Angeles claim that Mark Berndt, Miramonte Elementary School teacher, faces charges for allegedly molesting up to 23 children.

In the Evergreen Elementary School District in San Jose, O.B. Whaley Elementary School teacher Craig Chandler is facing sexual abuse charges for lewd acts on a child and is accused of having multiple victims.

Trace CDC Child Molestation Lawsuits Lead to San Jose Mercury News Reporting Suspect Confession

  • 28
  • December
    2011

The San Jose Mercury News is reporting that the suspect in the Trace CDC child molestation lawsuits, Keith Woodhouse, has apparently confessed to his actions. The newspaper quotes from a police report which includes a note written by Woodhouse, which reads: "I am sorry for not being a strong willed person and giving into this sickness that has recently been affecting me."

Attorney Robert Allard has filed two child molestation lawsuits filed on behalf of two young children allegedly molested by Keith Woodhouse. The lawsuits claim that both Trace CDC and Child Development Inc. should be held accountable for employing Woodhouse. The lawsuit claims that if the organizations had conducted a thorough background or reference check, they would have learned of Woodhouse's previous behavior. Trace CDC runs the before- and after-school care program operated by Child Development Inc.

Allard, working with victims of USA Swimming coaching sexual abuse that he represents, is looking at making changes to mandatory reporting laws in California and throughout the nation. One of the proposed changes would require public facilities to mandate that any organization that seeks to rent or lease a public facility conduct a thorough background and reference check on any individual who has contact with children. In the case of Trace CDC, they ran a program for children on the campus of a public school, Trace Elementary.

Mercury News story: http://www.mercurynews.com/news/ci_19621625

Highway 156 Fatal Car Accident Leads to Wrongful Death Lawsuit by Corsiglia, McMahon & Allard

  • 19
  • December
    2011

The San Jose, California personal injury law firm of Corsiglia, McMahon & Allard has filed a wrongful death lawsuit in Monterey County Superior Court resulting from a fatal Highway 156 head-on collision in November of 2010 that claimed the life of four-year old Alex Navarro of Morgan Hill and another woman.

Attorney Robert Allard said that the lawsuit is aimed at making roadway conditions safer so that other families do not have to suffer the same tragedy.

You can read more about the wrongful death lawsuit here.

The Salinas Californian Newspaper has a write up on the lawsuit

Sexual Abuse Lawsuits Filed by Corsiglia McMahon & Allard against Child Development Inc. & Trace CDC

  • 02
  • December
    2011

Two separate lawsuits have been filed by the San Jose personal injury law firm of Corsiglia, McMahon & Allard against Child Development, Inc. and Trace CDC for their failure to conduct an adequate background check on and otherwise properly supervise accused child molester Keith Woodhouse. Woodhouse is currently facing child molestation charges that carry a life in prison sentence.

The lawsuits were filed on behalf of 7 and 8 year old girls, respectively. In a lawsuit (case # 1-11-CV-214040) filed this week, the 7 year old states she was sexually molested by Woodhouse on numerous occasions while he was employed as a daycare worker by Trace CDC. In the lawsuit filed November 4, 2011 (case #111CV212614), the 8 year old girl states that there were multiple incidents of sexual molestation. The lawsuits allege that Woodhouse molested and sexually assaulted at least 5-10 young female students under the age of 14.

Attorney Tim McMahon Secures Million Dollar Settlement for Wrongful Death of Young Child

  • 01
  • December
    2011

The parents of a 12 year old San Jose, California child killed by the actions of a drunk driver have secured a one million dollar settlement against a close family friend trusted with the safety of the youth while on a summer fishing trip to Seward, Alaska, located 120 miles south of Anchorage.

The lawsuit filed in Santa Clara County Superior Court, Case 1-11-CV-202283, alleged that a trusted family friend, Randy Sozanski, knowingly allowed an acquaintance, Dan Armstrong, to drive the youth- Matt L., even though Sozanski knew Armstrong had been drinking heavily.

Armstrong's car ended up in the Resurrection River on the Kenai Peninsula near Seward, Alaska drowning Matthew who was later found in the submerged vehicle still strapped in his seatbelt. Armstrong escaped from the submerged vehicle saving his own life.

Armstrong was sentenced to four years in prison after pleading guilty to negligent homicide, driving under the influence and failure to insure his vehicle.

Because Armstrong had no insurance and Sozanski was trusted to care for Matt while on vacation, attorney Timothy McMahon, law firm of Corsiglia, McMahon & Allard, on behalf of Matt's family, sued Sozanski for Wrongful Death.

The Number of Workplace Injuries Declined in 2010, But Still Remains High

  • 18
  • November
    2011

The good news: injuries in private workplaces have decreased. The bad news: workers are still being injured.

According to a recently released report from the U.S. Department of Labor's Bureau of Labor Statistics (BLS), workplace injuries and illnesses fell in 2010, as compared to 2009. In 2010, 3.5 workers out of every 100 full-time workers was injured. This is down slightly from 2009, in which 3.6 workers out of every 100 were injured in the private sector.

Overall, almost 200,000 less workplace injuries and illness in the private sector were reported this past year.

In a written statement, the Secretary of Labor said that the decrease in injuries is a step in the right direction, but "3.1 million injuries and illnesses in the workplace is too high. Serious injuries and illnesses can knock a working family out of the middle class. Workers should not have to sacrifice their health and safety to earn a paycheck."

Penn State Sex Scandal Parallels USA Swimming Sex Scandal

  • 11
  • November
    2011

Attorney Robert Allard, the leading force in uncovering the largest sexual abuse scandal in amateur athletics in the United States, was interviewed on the Penn State - Joe Paterno abuse scandal. In an article published today, Allard said that it was difficult for organizations such as Penn State and USA Swimming to take responsibility for the actions of their coaches and to place the welfare of athletes ahead of that of coaches. He cited a variety of pressures including money, reputation, and image.

To see the full story, click here.

Allard's legal work on behalf of a 14 year old girl molested by a USA Swimming coach and victims around the country has resulted in the national governing body that selects our Olympic swim team to make the protection of our young athletes a top priority.

Earlier today, Attorney Jon Little filed a new lawsuit against USA Swimming on behalf of a young swimmer who was 14 years old when she was molested by her coach. The lawsuit alleges that numerous top officials knew of the coach's predatory background and ignored it. More on the story here:

http://www.onlineprnews.com/news/182802-1320943594-new-sexual-abuse-lawsuit-claims-usa-swimming-indiana-swimming-ignored-coachs-predator-background.html

Corsiglia, McMahon & Allard Named Among Best Law Firms in U.S. News and Best Lawyers Rankings

  • 01
  • November
    2011

The new Best Law Firms 2011-2012 rankings from U.S. News and Best Lawyers list the personal injury law firm of Corsiglia, McMahon & Allard. It is the only Santa Clara County law firm recognized for excellence with a Tier 1 Medical Malpractice ranking.

Medical malpractice attorney Brad Corsiglia has settled several hundred medical negligence cases over the last 20 years including one of the largest recorded settlements in California against a major healthcare provider for $6.5 million last year.

The inclusion of Corsiglia, McMahon & Allard law firm in Best Law Firms in America follows the selection of partner and medical malpractice attorney Brad Corsiglia by his peers in the Best Lawyers in America®

2012 in the field of Medical Malpractice. Inclusion in Best Lawyers is based entirely on peer review. Best Lawyers uses peer reviews, client assessments and data to determine its rankings.

Lawsuit Attacks Pollution and Hazardous Toxins Caused by Train Diesel Exhaust

  • 26
  • October
    2011

Is living near a rail yard hazardous to your health? For some Californians it looks like it might be.

One Californian mother discovered a lump on her 4-year-old's stomach. Doctors found that it was rare form of cancer. After learning that the 4-year-old was not exposed to any sort of secondhand smoke, doctors were puzzled at what could have possibly caused her cancer.

Her mother began to wonder if the pollution from two nearby rail yards would have caused the problem.

She soon discovered that her daughter was not the only Californian living near a rail yard that had experienced health problems. Diesel exhaust from trains passing in and out of the rail yards contains particles that can penetrate into the lungs -- often causing acute bronchitis, lung disease, heart problems and other health issues. Exposure to these toxic particles is especially harmful to small children and older citizens whose immune systems aren't as strong.

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