Woman Killed Standing at Bus Stop

A woman who was waiting for the bus Saturday morning just west of 19th Avenue and Greenway Road was struck and killed by a truck.

Nancy Lau Urquides was standing at the bus stop along with another man when a truck heading eastbound crossed over into the westbound lane and crashed into the bus stop, killing Urquides. The unnamed man was able to jump out of the way avoiding injury.

According to the police, the driver was a 53-year-old woman who they believed was driving while impaired. After issuing a warrant and searching the truck the police did find a usable amount of dangerous drugs and drug paraphernalia. The driver will likely be charged with manslaughter.

In an accident such as this caused by a drug-impaired driver, both criminal and civil trials may result. A driver may be charged with a crime and sued for monetary damages in separate proceedings. I hope that Nancy Lau Urquides’ loved ones realize they can and should get help from an experienced wrongful death attorney. My condolences go out to them in their time of grief.

$11 Million Awarded in Assisted Living Case

Lydia Scherrer’s life changed in 1996 when her husband, Earl, was in a car accident and suffered a severe traumatic brain injury. Earl was not expected to recover but after 16 months in a coma he began to show signs of life. His wife gave everything she could to help his recovery. She loyally committed many hours working with him every week. Unfortunately she had to work, as most of us do, and in the end she had to find a facility that could provide care 24/7.

Lydia continued to visit her husband regularly and on April 7, 2006 she transferred him to the 24-hour care facility, Liberty Manor Residency, in Phoenix, Arizona. One month later Earl was dead and the medical examiner decided it was due in part to several foreign objects found in his stomach and small intestines. These foreign objects included plastic bags, paper towels, and unopened catsup packets.

Lydia Scherrer sued Liberty Manor Residency for abuse and neglect, wrongful death, and punitive damages. She received the largest verdict ever awarded against an assisted living facility, $11 million.

We do our homework and we investigate and we ask all the important questions and we take tours and so on and so on and then we finally make what we think is an informed decision. We entrust these places with our loved ones and we walk away, hoping and praying that we have made the right decision, one of the most important decisions we will ever make. We walk away believing that the place we have chosen will provide everything they have promised. Yet, we continue to see too many of these tragedies in the news.

When you or a loved one is placed into a medical facility, ANY medical facility (hospital, nursing home, extended care facility, rehab, etc..), it is of paramount importance that you visit as regularly as you can, and that you keep your eyes and ears open. As lay people we understand little about medicine, but we truly don’t need to be health care professionals to often see when our loved ones are receiving less than adequate treatment. Everyone needs a friend, and when a medical inpatient, everyone needs an advocate---an extra set of eyes and ears to watch what is happening. Never be afraid to ask questions to gain a full understanding of policies and procedures. Never be afraid to voice concerns of the treatment of a loved one. If you believe that mistreatment is happening, demand to see the patient advocate or director of the clinic. If you are not satisfied, call the Arizona Attorney General’s office, which has the obligation and authority under Arizona law to investigate patient abuse. Lastly, keep in mind there are attorneys who specialize in personal injury and nursing homes cases, who can help during, and after neglect or abuse has occurred.

We hear and see too many stories of neglect and abuse of the infirm and elderly. As our population grows older, we need to be much more careful, mindful and observant of our loved ones who require these facilities. We never want the neglect or abuse to come to a lawsuit. Hopefully, this verdict will make it clear to these facilities that we will continue to hold them accountable for the care of our family members and loved ones.

Homicide at Arizona Preschool

Our hearts go out to the parents of Selenia Moreno, the little girl who died in November at Colorful Kids Preschool. The Chandler Police Department responded to the report of an unresponsive child and later determined her death a homicide. An employee of the preschool, Candelaria Bradford, has been arrested and charged with 2nd degree murder.

Under Arizona law, a person commits second degree murder if without premeditation:

1. The person intentionally causes the death of another person, including an unborn child or, as a result of intentionally causing the death of another person, causes the death of an unborn child; or

2. Knowing that the person's conduct will cause death or serious physical injury, the person causes the death of another person, including an unborn child or, as a result of knowingly causing the death of another person, causes the death of an unborn child; or

3. Under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death and thereby causes the death of another person, including an unborn child or, as a result of recklessly causing the death of another person, causes the death of an unborn child.

Depending on the classification above, it is very possible that in addition to criminal charges, the wrongdoer will have to respond to a civil lawsuit for damages brought by the family of the deceased child. Further, in that the wrong was committed during the scope of the person’s employment, the wrongs of the employee are generally attributable to his/her employer, thus invoking the insurance coverage the employer has for the business. There are exceptions, and it is important for one to seek legal advice early in the process regarding these questions.

Zachar & Associates handles wrongful death and personal injury cases with the utmost care and concern for those affected. We take a particular interest in injury cases involving children.

Visit us online at http://www.helping-injured-children.com/ or call (602) 494-4800.