Monday, September 29, 2008

Jury Awards $23.9 Million in Reckless Ambulance Case

I had the opportunity to do the "Day in the Life" video of Mr. Del Barba at the hospital, a service I have provided the legal profession for over 20 years. Not all cases are this successful, but when video is played for the jury, as this one was, real human emotions are brought into play. Mr. Del Barba will now have the opportunity to spend his final days at home with the necessary care.



Plaintiff Del Barba represented by O'Reilly & Danko firm SAN MATEO, Calif., Sept. 29
SAN MATEO, Calif., Sept. 29 /PRNewswire/ -- On September 26, 2008, a jury
in Hayward awarded $23,903,434 to Louis Del Barba, 85, for paralyzing injuries
he suffered on April 16, 2007, in Oakley, California. Mr. Del Barba, a farmer
and life-long resident of Oakley, was attempting to make a left turn onto
Highway 4 when he was rammed by a speeding American Medical Response ambulance
driven by Teymour Amir Ansari. The ambulance's speed was measured at 65 mph in
a 35 mph zone. Experts agreed that such a speed, in rush hour conditions, was
reckless and unsafe.


The trial was held in Superior Court, Alameda County, with the Hon.
Deborah Miller presiding.


Mr. Del Barba had the right of way and was wearing a shoulder and lap seat
belt when the crash occurred. As a result of the accident, he received
numerous traumatic injuries and is paralyzed completely, save for some
movement of his head and left arm. He is constantly dependent on a ventilator.
Doctors believe that he can return to his 110-year-old family home if there
are funds to fit a room for medical care. The jury felt strongly that Mr. Del
Barba
had a right to a dignified death at his own home, if he so chose.
Evidence was produced to show that American Medical Response had contributed
nothing to his care. Settlement offers were derisory.


"The dignity and patience of Louis Del Barba made this a deeply emotional
trial, very physically wearing," said veteran trial lawyer, Terry O'Reilly,
founding partner of O'Reilly & Danko, San Mateo. O'Reilly said, "I am pleased
that the jury understood the issues and responded to his suffering."



SOURCE O'Reilly & Danko


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