Wrongful Death

Heirs v. International Manufacturer

In Heirs v. International Manufacturer (confidential settlement), Michael A. Kelly, Doris Cheng and Andrew P. McDevitt obtained a confidential multi-million dollar settlement for the wife and newborn baby of a Northern California deliveryman who suffered fatal injuries while working. The decedent was riding in the middle position of the front bench seat of the delivery… read more

Who Can File a Wrongful Death Lawsuit in California?

Losing a loved one can be incredibly difficult. This is especially true if your loved one lost their life due to the careless, negligent, or intentional actions of somebody else. When this happens, family members are often able to recover compensation by filing a wrongful death lawsuit. However, these cases can become complicated, and state… read more

2019’s SFTLA Trial Lawyer of the Year Awarded to Conor M. Kelly

Walkup, Melodia, Kelly & Schoenberger attorney Conor M. Kelly and Andje Medina from Altair Law won the 2019 SFTLA Trial Lawyer of the Year competition for a case last year that netted $3,000,000 in settlement claims. The case was called Belo v Bally Hallinan Properties and it involved a property fire caused by the owner’s negligence in San Francisco that resulted… read more

What If My Doctor Misdiagnosed My Cancer?

Misdiagnosis, delayed diagnosis, and failure to diagnose aren’t always harmful mistakes to patients. When the patient has cancer, though, diagnosis errors can mean the difference between life and death. If a doctor in San Francisco misdiagnosed your cancer case, resulting in a worsened prognosis, additional medical treatments, lost quality of life, the death of a… read more

Dentist accused of causing 3-year-old patient’s death

A horrific case of a 3-year-old California boy’s death at the dentist’s office has led to a filing in the state Dental Board against the dentist. The board has filed a complaint with the California Attorney General’s office, accusing the dentist of causing the boy’s death through gross negligence, incompetence and unprofessional conduct. The Tracy… read more

Go-kart facility sued for wrongful death after teen girl dies

Some activities are inherently risky, and the law says that any foreseeable injuries from such pursuits are not recoverable, because the injured person “assumed the risk” that his or her injuries would occur. But just because an activity has a higher risk of harm than normal, does not mean that injuries are not compensable. If… read more

Family sues hotel for wrongful death after ousting visitor

In personal injury law, one of the elements that must be proven in every case is that the defendant owed the plaintiff or victim a duty of due care to take reasonable steps to minimize the risk of harm. This relationship exists between all people. Typical examples are the duty owed by a motorist to… read more

Wrongful death lawsuit against Greyhound revived on appeal

A wrongful death lawsuit against Greyhound Lines Inc. is back on, after a California court of appeals ruled that the trial judge wrongfully dismissed the case. The court ruled that there remain questions of fact for the plaintiffs and Greyhound to present to a jury. According to The Sacramento Bee, the original lawsuit accused Greyhound… read more

Driver and City of San Rafael Both Likely Legally Responsible for Death of Teen Jogger

There is a sad story posted on today’s SFGate about the death of Aura Celeste Machado, a 17-year-old jogger. She was running on a San Rafael sidewalk and her path was blocked by a large tree that had fallen across the sidewalk. She jogged into the street to get around the tree and was struck… read more

Family of police shooting victim sues officer, city

A wrongful death lawsuit has been filed by the Walkup firm against a police officer, police department and city authorities outside of California says that the officer should never have been hired to join the force. The suit says the officer, who shot and killed a 15-year-old African American boy in 2012, once attended a… read more