Attorney Timothy G. Tietjen's Legal Cases

Wrongful death

The Doe Family v. Durnall and Campora Propane, Inc. and Manchester Tank & Equipment

Jul 01, 2010

OUTCOME: $4.85 million

Jim Doe took two 100-pound propane cylinders to defendant Durnall and Campora Propane to be filled. The cylinders were overfilled, which did not leave room in the tanks for the propane to safely expand ... without dangerously venting gas. The tanks’ certifications also had expired, and the tanks were not fitted with overfill-protection devices, which would have prevented the overfilling. After the cylinders were filled with propane, Doe drove home and parked his pickup truck in the driveway. A couple of hours later, he heard a hissing noise coming from near his truck and he went to investigate. A neighbor also heard the hissing sound and went to check. The neighbor saw a large cloud of propane vapor venting into the air from the back of Doe’s truck. Jim Doe was standing on the ground behind the truck. Suddenly, the propane cloud exploded in a fireball, engulfing him. The skin was burned off more than 80% of his body. Doe was never again able to speak with anyone due to the severity of his pain and injuries. Despite heroic efforts by the trauma center to save his life, Jim Doe died two months after the explosion due to complications from his severe burn injuries. Doe’s family contended that Durnall & Campora: (1) negligently overfilled one or both of the propane cylinders causing propane to vent into the air, triggering this explosion; (2) negligently trained the employee who filled Doe’s cylinders; (3) negligently filled the two propane cylinders that Doe leased from Durnall & Campora, as neither cylinder was legally certified on the day of the accident; (4) negligently allowed customers, including Doe, to transport propane cylinders in horizontal fashion, thus increasing the danger of a propane incident; and (5) negligently failed to warn Doe of the consequences of transporting the propane cylinders in a horizontal fashion. Does also alleged that Manchester, who manufactured the cylinders, was strictly liable for selling defective propane cylinders that failed to adequately warn consumers of the risk associated with transporting propane cylinders, and for failing to incorporate an overfill-protection device in its cylinders.

Personal injury

Tuiaki v. Adelphia

Aug 01, 2008

OUTCOME: $29 million settlement

A 36-year-old lineman, Sifa Tuiaki, suffered catastrophic injuries when he came into contact with a 7,200-volt power line. Tuiaki was working from an elevated workbasket installing a fiber-optic cable ... system. His co-worker was slowly driving the bucket truck around a turn in the highway, while Tuiaki elevated Tuiaki’s workbasket and the fiber-optic support cable to avoid some redwood trees. In doing so, Tuiaki backed into a power line that contacted the back of his neck and hardhat. Tuiaki suffered bilateral amputation of both arms, burns over 45% of his body and paraplegia. Suit was brought under the following theories: (1) negligent construction management against defendants Adelphia, Pauley Construction and FJS; (2) negligent premises maintenance against defendants Pacific Gas and Electric Company, Pacific Bell, Western Environmental Consultations (WECI) and Davey Tree Surgery; and (3) products liability against the manufacturer/successors in interest of the uninsulated bucket tree, i.e. Mobile Tool International (MTI), American Premier Underwriters (APU) and General Cable Corporation. Tuiaki was hospitalized for over seven months and underwent 14 surgeries. His wife, Lupe, age 37, was five months pregnant at the time of the accident with their second child. Their oldest child was four years old at the time. Lupe Tuiaki claimed loss of consortium due to her husband's severe injuries. Tuiaki claimed past and future medical expenses and wage loss over $13,000,000, which was disputed by the defendants. Since the accident, Tuiaki obtained a general contractor's license and used funds from his settlement to start his own business. He actively oversees construction from his wheelchair with the assistance of his wife.

Slip and fall accident

Reid v. Shorenstein Company

N/A

OUTCOME: $1 million settlement

Reid, a courier service employee at the time, slipped and fell on a wet tile walkway in front of Shorenstein Company’s building in Oakland. He suffered multiple severe injuries to his right leg that re ... sulted in three surgeries and left him permanently disabled. Reid was working at the time of the incident, delivering papers to the bankruptcy court. As he left the building, he took 2-3 steps and slipped on the wet tile outside of the building. Reid fractured his kneecap and broke hardware that had been in his leg as a result of a fracture 20 years earlier. Shorenstein Company knew its tiled walkways throughout the Oakland City Center were extremely slippery and dangerous when wet. Through extensive discovery, Reid’s counsel discovered there had been over 50 documented slip and fall accidents on wet tile, and four previous lawsuits against Shorenstein Company related to this issue.

Slip and fall accident

Michael Patton v. Lincoln Property Co. and Larkspur Courts Associates

N/A

OUTCOME: $1 million settlement

Carpenter Michael Patton and his employer, Krata Inc., were hired by Lincoln Property Co. and Larkspur Courts Associates to replace siding and paint 25 buildings at a Larkspur apartment complex. The co ... mplex was owned and managed by Lincoln Property and Larkspur Courts. Patton and two other employees were working on the roof to inspect for defective siding. While Patton was inspecting the gables on the pitched rooftop, he slipped and fell. He then tumbled over the edge and fell approximately 20 feet to the ground. Patton sustained a T-12 spinal fracture causing paraplegia. He additionally suffered a fractured nose, minor closed-head injury and severe emotional distress and depression because of his devastating injuries. Lincoln Property and Larkspur Courts controlled the work being performed by Patton’s employer, Krata. Patton claimed that Lincoln Property and Larkspur Courts specifically retained control over the "scope of the woodwork" to be replaced by Patton and his employer. Having retained control over this scope, the Lincoln Property and Larkspur Courts failed to instruct Patton and Krata as to what specific siding needed to be replaced on the 25 buildings, according to Patton.

Car accident

Jane Doe v. Black Bus Company

N/A

OUTCOME: Confidential Settlement

Jane Doe, a nine-year-old girl, was vacationing with her family. They were riding bicycles on a pedestrian/bike path. The adults were about 30 feet behind the kids. The path reached a point where it ra ... n along a two-lane bridge with vehicle traffic. A bus driver, driving across the bridge at roughly 8-12 miles per hour, saw the children approaching. They appeared to be playing. The bus driver did not slow down, did cover the brake with his foot, did not move over to the opposite lane and did not sound his horn. Just before the bus passed the children, Jane’s brother bumped her back tire with his front tire. Her bicycle went off the curb and she put her foot down. The bus ran over her foot, crushing and degloving her big toe. She had fourteen surgeries and lost her big toe because of the accident. The Doe family argued that the bus driver, a driver who had just recently started working for the company, did not maintain a safety zone around his bus to account for the unpredictable actions of children. This safety practice was covered in his driver training. The company argued that the adults were not properly supervising their children, leading to an incident the driver could not have avoided.

Defective and dangerous products

Jane Doe et. al. v. Marin General Hospital

N/A

OUTCOME: Confidential Settlement

Jane Doe suffered severe second-degree burns to her genital area in an accident involving a hygenique Surgi-gator. Shortly after giving birth, Doe was assisted to the bathroom to clean her genital area ... . Doe was still under the effects of the epidural anesthesia she had received for the delivery. She was instructed to use a "warm water" shower-type device called a hygenique Surgi-gator to clean herself. As instructed, she sprayed her genital area with a hand-held spray device and cleaned herself. A few hours later, as her anesthesia wore off, Doe discovered that her "crotch was on fire," and that she had suffered severe burn injuries to her vaginal and perineal areas. Because of the burn injuries she sustained, Doe was transferred to the St. Francis Hospital burn unit where she was treated for 12 days. Suit was brought against the manufacturer of the surgigator device, Andermac, and Marin General Hospital, the owner of the product and the premises where the accident occurred.

Motorcycle accident

Stanley Moore v. Shah

N/A

OUTCOME: $1.25 million insurance policy limits

Stan Moore was riding his motorcycle on U.S. 101 when Sanjay Shah, driving a car in the far left lane, realized he was about to miss his exit. Shah went across several lanes of traffic and clipped the ... rear tire of Moore’s motorcycle. The motorcycle crashed to the ground. Moore was seriously injured and suffered a heart attack as part of the incident. Tim argued that Shah’s inattentive and aggressive driving caused the incident. Shah argued that Moore contributed to the accident and that his injuries were not as significant as Moore stated.

Medical malpractice

Jane Doe v. Dr. Dialysis

N/A

OUTCOME: $1 million settlement

Jane Doe, a 26-year-old mother, went to defendant’s hospital for a routine outpatient surgery to place a central venous catheter for kidney dialysis. During the procedure, defendant doctor punctured th ... e patient’s right internal jugular vein and her right subclavian artery. The doctor and hospital failed to recognize their error. Jane bled to death in the recovery room. She was a single mom with a seven-year-old daughter. Jane was disabled and on a waiting list for a kidney transplant at the time of her death. Her life expectancy was significantly shortened due to preexisting medical conditions. The doctor and hospital claimed that puncturing a vein or artery is a risk associated with the CVC procedure, and they did not fall below the standard of care. Doe claimed that while the risk of a punctured vein or artery may be a risk of the procedure, defendants were negligent in monitoring the patient’s condition after the procedure, and they failed to act promptly to save the patient’s life.

Trucking accident

Darr v. Matheson Fast Freight

N/A

OUTCOME: $8 million settlement and Darr's employmer's waiver of a $600k workers' compensation lien.

Dwaine Darr, a 43-year-old, warehouse worker, sustained catastrophic brain injuries when a Matheson Fast Freight trailer operated by William Watson on Highway 429 in Washoe Valley, Nevada was blown int ... o Darr's lane of travel, causing a high-speed truck collision. Watson was attempting to haul two trailers at the time. Darr sued Matheson Fast Freight, Elk Grove, for causing the collision. Darr argued the company was negligent in dispatching its driver to haul an empty trailer through Washoe Valley when high-wind warnings had closed down the adjacent Highway US 395. Darr argued that dispatching empty trailers into a notoriously windy region without checking prevailing weather was akin to playing "Russian Roulette" with the lives and safety of other motorists. Darr was found unconscious at the scene. He had multiple hemorrhaging in both sides of his frontal lobes. Over the ensuing months, Darr received outpatient therapy, but cognitive difficulties and behavioral problems ensued.

Wrongful death

Pernado Family v. Molex, Inc. and Regina Litz

N/A

OUTCOME: $3.87 million settlement

Evelyn Penado, 39, a childcare provider, was riding in a car driven by one of her sons, with another son also in the car. Their car stayed right in its lane as the lane widened, in order to merge onto ... the entrance ramp to Interstate 280 in San Francisco. Regina Litz was ahead of the Penados and kept left in the same southbound lane until just before the split. Near the entrance ramp, Litz moved to her right and cut off the Penado vehicle. There was no contact between the vehicles, but to avoid a collision, Franklin swerved, lost control of his car and hit the crash barrels that divided the ramp from the roadway. His mother Evelyn's neck broke, and she died on impact. Evelyn's widower and four children sued Litz and Litz's employer, Molex Inc. (which owned the car she was driving at the time of the accident) for the loss of their wife and mother and for the horror of seeing her die. The Penado family claimed Litz negligently failed to check whether any cars were approaching on her right, and made an unsafe turning movement toward the Penado car.

Timothy G. Tietjen's Legal Cases (10)

The Doe Family v. Durnall and Campora Propane, Inc. and Manchester Tank & Equipment

Tuiaki v. Adelphia

Reid v. Shorenstein Company

Michael Patton v. Lincoln Property Co. and Larkspur Courts Associates

Jane Doe v. Black Bus Company

Jane Doe et. al. v. Marin General Hospital

Stanley Moore v. Shah

Jane Doe v. Dr. Dialysis

Darr v. Matheson Fast Freight

Pernado Family v. Molex, Inc. and Regina Litz