San Jose, California Personal Injury Blog | Corsiglia McMahon & Allard, L.L.P.

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

2012-02-03T15:13:31Z

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.

]]> Companies that had violated other aspects of worker safety but had a written IIPP plan in place saw a 26 percent decrease in on-the-job injuries a year after receiving the safety citation. While that measure appears to be a positive improvement, when the annual injury reduction numbers are averaged across the state, it appears that the IIPP had almost no effect on California worker injury or fatality rates statewide since 1991.

So are employers that only abide by state safety mandates safer than companies that voluntarily implement safety programs?

It is not uncommon for companies to simply follow safety guidelines as mandated, meeting only the minimum requirements. Low enforcement of IIPP also does not encourage companies to exceed safety standards.

Based on the results of this study, California employees should not take their safety lightly. If it is true that workplaces do not appear to be substantially safer than they were 20 years ago, workers should be careful while at work. And in the event of an on-the-job injury, seek advice from an experienced personal injury attorney about your legal rights.

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

2012-02-01T18:21:06Z

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.

]]> Corsiglia, McMahon & Allard is announcing steps to provide justice to victims of childhood sexual abuse and molestation. The law firm is currently litigating claims against child molesters and their suspected enablers on behalf of survivors of childhood sexual abuse and molestation. At the same time, attorney Robert Allard is working with elected officials to close loopholes in the law that serve to protect child molesters.

"Childhood abuse and molestation is a serious problem that must be addressed through both the court system and in the legislature.

Hopefully, the victims in those matters will come forward and take whatever steps are necessary to ensure that this does not happen again not only at these but other schools so that children are protected," said Allard.

Allard is currently representing three young children, two of whom have filed separate lawsuits claiming that they were sexually molested by Trace CDC daycare worker Keith Woodhouse.

"Our legal team believes in using the law to hold wrongdoers and their enablers accountable, to fairly compensate the injured and their families, and as a result make our community safer," said Allard.

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

2011-12-28T18:59:20Z

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

2011-12-19T20:34:39Z

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

2011-12-02T21:50:49Z

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.

]]> "Both Child Development, Inc. and Trace CDC utterly failed to ensure the safety and security of small children" said attorney Robert Allard, partner in the law firm of Corsiglia, McMahon & Allard. "In today's climate, these organizations should have known the potentially dire consequences of not properly checking the background of a person who is entrusted with the welfare of young kids", added Allard.

According to police reports, Woodhouse's work and volunteer experience dates back to 1999 in the San Jose and Los Angeles areas, and his experience consists of various positions in camp counseling, children's ministry internships, Sunday school counseling, day care and after school activities.

If you have any information on Keith Woodhouse, the locations that he has worked or volunteered at, or Child Development, Inc. itself, please contact attorney Robert Allard at 408-289-1417.

View full press release.

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

2011-12-01T18:59:31Z

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.

]]> According to Alaska State Troopers, Sozanski and his group (that included Armstrong) were drinking on the banks of the Resurrection River in the middle of the night at a "bonfire". Sozanski brought Matt to the late night "bonfire party" instead of letting him sleep at the vacation home. When they left, Sozanski allowed Matt to ride with Armstrong who minutes later drove his vehicle straight into the Resurrection River after missing a turn on the road. It took almost 2 hours before Sozanski's group called for help. During this time it was suspected that members of the party were trying to destroy the evidence of drinking and other illicit activity, waiting for Armstrong's alcohol level to subside, and were developing their "story" to tell the police. While they waited to call police, Matt remained trapped to the back seat of the car submerged in the icy water at the bottom of the river.

Ultimately, hours later, Armstrong's blood alcohol level was tested and estimated to have been above the legal limit at the time of the accident. He also tested positive for marijuana. The investigation determined that Armstrong drove into the river after missing a turn on a dirt road. Armstrong had a previous citation of reckless driving with alcohol on his record.

For more on the story,

http://www.onlineprnews.com/news/187679-1322628333-san-jose-attorney-tim-mcmahon-secures-million-dollar-settlement-for-wrongful-death-of-young-child.html

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

2011-11-18T17:35:39Z

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."

]]> In the statement, the secretary also noted that workers in the health care industry continue to be injured more often than workers in construction and manufacturing. The Occupational Safety and Health Administration (OSHA) will continue to work with employers and unions in the health care industry and others to help reduce the risks of workplace injuries.

The BLS's report also found workplace injuries in the public sector to be considerably high -- at a rate of 5.7 workers out of every 100 full-time workers being injured. "We must continue to work with state and local governments to ensure the safety of our public employees," Secretary of Labor Hilda S. Solis noted.

The written statement also touched on the importance of accurate record keeping. With proper recording keeping of injuries and illnesses, employers will be in a better position to identify the issues that put their employees at risk. Once identified, is easier for workplaces to create programs that will be better protect our workers.

In closing, the secretary noted, "As our economy continues to rebound and grow, we must ensure that safety and health are a part of that growth. Let's all remember that no job is a good job unless it is also a safe job."

Source: Safety Management Group, "US Injury Rate Drops Slightly in 2010," 11/5/11.

Penn State Sex Scandal Parallels USA Swimming Sex Scandal

2011-11-11T17:00:55Z

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

2011-11-01T22:28:51Z

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

2011-10-26T15:24:31Z

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.

]]> Last week, the Natural Resources Defense Council filed a lawsuit against two of California's -- and the nation's -- largest railroad companies. The lawsuit alleges that Union Pacific Corp. and BNSF Railway Co. have violated the federal Resource Conversation and Recovery Act. The lawsuit claims that the railroad companies violated the Act by exposing the public to "hazardous waste." Particles from diesel exhaust include solid elements of hazardous waste: lead, cadmium, arsenic and other toxins.

According to documents filed with the federal court, at least 17 rail yards in California -- from Oakland to San Bernardino -- are emitting the hazardous exhaust and creating health problems in local residents.

Spokespeople for both of the railroad companies said that the railroads have worked with federal regulators and spent millions of dollars to reduce emissions and replace old trains.

If the lawsuit is successful, it could definitely impact legal action taken against the ill effects of pollution. Individuals and families living in areas with concentrated diesel emissions -- like ports and airports -- would likely be able to pursue personal injury lawsuits for injuries caused by pollution.

Source: The Insurance Journal, "Two Railroads Face Pollution Lawsuit in California," 10/19/11.

Success in the Courtroom Translates into Maximum Compensation for our Personal Injury Clients

2011-10-20T18:21:52Z

Verdict Search just released its list of Winning Law Firms in California. Corsiglia, McMahon & Allard continues to be listed as one of the top 5 law firms in the State of California based on successful 2011 plaintiff trial verdicts or decisions. No other Santa Clara County personal injury law firm can make that claim.

At Corsiglia, McMahon & Allard, we believe that in order to get the maximum amount of compensation for your injury accident case, you need a personal injury law firm that has an established track record of going to trial and winning. Insurance companies consistently offer and pay much less to attorneys that avoid courtroom trials.

]]> When you look for a personal injury law firm, ask how many trials they have done in the last five years and how many of those trials they have won. That's the difference between our law firm and other firms in the area.

By developing a reputation for taking cases to trial, we generated nine of the largest 200 published and unpublished settlements in California last year and earned one of the top spots among all law firms in California.

Personal Injury Lawyers Make a Difference - The Belli Seminar

2011-10-18T02:01:31Z

Post by B. Robert Allard

I cannot express enough how humbled and appreciative that I was to have the honor to speak before such a distinguished group about the sex abuse claims that our legal team have handled across the country against USA Swimming and other National Governing Bodies in amateur sports. I was amazed by the various presentations and just how much I learned about the various effective ways that we can utilize to help our clients. Indeed, talking about the original case that I handled here in San Jose beginning in 2009 and how we used it to achieve such great things not only within USA Swimming but also all Olympic sports reinforced my strong belief that we as lawyers are in a unique position to make a positive difference in our community. To think that the manner in which children are protected in amateur sports today is completely different than as little as two years ago is absolutely amazing.

]]> People tend to think that lawyers, especially personal injury lawyers, are out for themselves and like to abuse the system. These same people also believe that lawsuits are only about the money that we put in our clients' pockets. I could not disagree more. We have a far higher and nobler calling. Through what we do, we can make a difference. We force organizations to rethink how they go about their business. In this case, we forced USA Swimming take another look at how they were protecting children, and one who have to strain the bounds of our imagination to think of a greater obligation that we have in a civilized world. And force them to take a look we did. Now, USA Swimming has totally revamped their rules, prohibiting things such as the appropriate touching by a coach upon an athlete and mandating sexual harassment training and the reporting of suspicious activity. USA Swimming now, unlike before, has a clearly defined reporting procedure and has even gone so far as to create the position of an "Athlete Protection Officer" who is primarily tasked with fielding and responding to sex abuse claims. The United States Olympic Committee soon followed suit and implemented similar rules and guidelines. These changes were not even on the horizon before we filed our case.

Overall, we should never stop fighting for what is good. What may seem like a small claim can have much larger ramifications. My case started as a claim against a little bitty swim club and mushroomed into a case of great public importance. I would like to think that as a result we prevented dozens if not hundreds of young men and women across the country from experiencing the evils that come with being abused sexually. Make the most out of what you do as a lawyer in every case that you handle. Someone else's well being may depend on it.

Attorney Robert Allard is speaking today before an elite group of trial attorneys

2011-10-14T15:47:32Z

The Belli Seminar selected Allard for his groundbreaking legal work in the lawsuits involving USA Swimming and their negligence in allowing their coaches to sexually molest young swimmers. As a result of Allard's work, USA Swimming and the US Olympic Committee finally addressed the issue of coaching abuse and molestation in a move aimed at protecting nearly a a one million amateur athletes. The Belli Seminar, sponsored by the Santa Clara Clara County Trial Lawyers Association, features cutting-edge presentations from top attorneys like Mark Geragos, Jude Basile, Tommy Malone, Karen Koehler, and Benedict Morelli. Also presenting is Dr. Amy Singer, Trial Consultant in the Casey Anthony case.

The Irish Legal 100" Names Attorneys Timothy McMahon and Robert Allard to Its 2011 List

2011-10-12T22:37:20Z

For the second straight year, attorneys Timothy McMahon and Robert Allard of the San Jose personal injury law firm Corsiglia McMahon & Allard join an elite list of leading US attorneys honored by inclusion into the 2011 "The Irish Legal 100" list. Top lawyers from around the country who share a passion for the law and pride in their heritage are recognized in the exclusive list.

The Irish Legal 100 list includes prominent legal figures such as U.S.

Supreme Court Chief Justice John Roberts; Associate Justice Anthony Kennedy; Bill Daley, Chief of Staff, President of United States; and Megyn Kelly, Anchor, Fox News.

The list is aimed at fostering closer ties between Irish American attorneys in the United States and their heritage, and touts the top legal minds of Irish descent in the country. McMahon's grandparents are from County Clare which is the center for the McMahon clan in all of Ireland. McMahon's grandparents, both born in Ireland, immigrated through Ellis Island in early 1900's. Allard's Irish roots are traced through Cork.

In his 25+ years of practicing law, McMahon has established himself as one of the top trial attorneys in the state as honored by his membership into the prestigious American Board of Trial Advocates (ABOTA). Allard has been honored two years straight as a California Top 100 Trial Lawyer by the National Trial Lawyers Association.

Bay Area Apartment Complex Held Accountable For Parking Lot Trip and Fall Injury

2011-10-10T17:04:06Z

The law firm of Corsiglia, McMahon & Allard is reporting a $750,000 settlement resulting from an elderly woman who suffered serious injuries due to a trip and fall accident in a poorly lit parking lot at the Santa Clara, California Alderwood Apartment Complex.

The 72 year old victim stated that in August of 2010 she was walking at night with some companions from a parking stall to her apartment when she tripped and fell due to a groove or depression that cut across a speed bump. The groove was not visible due to poor parking lot lighting and a lack of clearly visible warning markings. As a result of her trip and fall, the elderly victim suffered a compound femur fracture which required complicated surgery, one month in a convalescent care facility and the need for future surgeries.

]]> Alderwood Apartments claimed that the groove was created by its maintenance personnel due to drainage concerns in the parking lot. The groove was subsequently covered after the accident and is no longer a danger.

According to the Centers for Disease Control and Prevention (CDC), more than one million people in the United States experience a significant slip, trip and fall accident each year and 17,000 of those people die from their injuries. Slip and falls are the second leading cause of accidental death and disability.

"We provide aggressive legal representation for our clients", said attorney Robert Allard. "Property owners that have failed to properly maintain or have failed to warn the public about dangerous conditions need to be held accountable for their negligence", stated Allard.