Workplace Deaths Lead to Civil Lawsuits, Wrongful Death Claims

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John N. Frye, Chantel L. Fitting, and Ilya D. Frangos

$10,000,000


Professional Negligence Recovery

This case involved accounting malpractice where an accounting firm did not accurately evaluate an investment opportunity, costing over a hundred investors significant damages.

$5,000,000


Motorcycle Accident Recovery

Location: Southbound El Camino Real, near Hwy 92 onramp San Mateo

Description: Motorcycle accident where plaintiff suffered a permanent spinal injury that resulted in partial paralysis.

$4,550,000


Boating Accident Recovery

$300,000 Original Offer
Boating accident where the boat captain negligently operated a boat that was towing the plaintiff on a donut tube, and caused the plaintiff to strike a wooden pylon and suffer injuries.

$3,800,000


Motorcycle Accident Recovery

Motorcycle passenger was ejected from her seat after the motorcycle she was riding was struck by a semi-truck.

$3,600,000


Pedestrian Accident Recovery

Location: Bridgepoint Parking Lot, San Mateo

Description: Mother and daughter walking cart in parking lot struck by high speed vehicle launching a cart hitting the mother and daughter.

$3,000,000


Wrongful Death

Location: Eastbound I-580, the Richmond-San Rafael Bridge

Description: Rear ended collision, causing vehicle to burst into flames. Sustaining fatal burns, was already deceased by the time emergency responders arrived on scene.

$2,500,000


Premises Liability Recovery

In 2025, a settlement was secured for $2,500,000 in a San Francisco premises liability matter.

$1,650,000


Construction Accident Recovery

Piece of construction debris fell on the head of plaintiff, causing serious injuries, including a brain injury, as well as a head and orbital fractures.

$1,500,000


Auto v. Domestic Animal Recovery

Location: Kirker Pass Road, Concord, CA

Description: Motor vehicle versus horse collision where the horse owner was negligent in corralling their horse, causing it to get loose, and impact the plaintiff’s vehicle.

$1,500,000


Pedestrian Accident Recovery

Location: Louis Road and Loma Verde Avenue Palo Alto

Description: Pedestrian injured left knee, tibeal plateu fracture, from motor vehicle

$1,250,000


Bicycle Accident Recovery

Location: 17th/Palm in San Mateo

Description: Brain bleed, fractured ribs, punctured lung, kidney damage, right ankle fracture

$1,000,000


Car Accident Recovery

Automobile collision that caused premature labor and other pregnancy complications.

$1,000,000


Pedestrian Accident Recovery

Location: Winchester Boulevard and Dolores Avenue in Santa Clara, California.

Description: Fatal pedestrian accident from motor vehicle

$1,000,000


Pedestrian Accident Recovery

Location: Edgemont Crosswalk, Daly City

Description: Motor vehicle knocked a pedestrian to the ground, who lost consciousness and was hospitalized

$1,000,000


Product Liability Recovery

Location: Bronze Tanning, Belmont, CA

Description: Right hand was cut up significantly by the fan behind the guard

$981,378.34


Car Accident Recovery

Location: San Jose

Description: Injured and bedridden for two weeks

$940,000


Pedestrian Accident Recovery

Location: Covington Road and Springer Road in the city of Los Altos.

Description: Complaint of pain to head including a large contusion to her forehead, and neck. Also to lower legs, dizziness, short term memory loss, and repetitive speech. Taken to ICU after sustaining multiple fractures to their body and other significant injuries to her head, including memory loss.

$857,245.59


Premises Liability Judgment

Woman fell at residential property and suffered brain damage that resulted in a favorable verdict and final judgment which included the verdict, and an award of attorney fees and prevailing party costs.

$520,000


Car Accident Recovery

Location: US- Southbound, south of the Alana Way undercrossing, within the county of San Mateo and city of Brisbane

Description: Traumatic brain injury, pain in left shoulder, mid-back, lower back and left knee

$400,000


Car Accident Recovery

Location: Intersection of Cowper Street and East Meadow in Palo Alto, CA.

Description: Life altering injuries, could not walk on their own, could not work

$273,459.70


Dental Malpractice Judgment

Defendant doctor negligently placed dental implants and failed to properly treat an infection that resulted in a favorable verdict and final judgment which included the verdict, and an award of attorney fees and prevailing party costs.

Date Published: April 29, 2025 Legally Reviewed By: Ilya D. Frangos, Personal Injury Attorney

For workers stuck in the daily grind, each work day seems like just another day. However, any day can bring an unexpected event like a workplace death. While transportation and construction jobs have a higher risk of workplace accidents, on-the-job deaths can happen to any type of employee at any kind of company and under many different circumstances.

Two recent workplace deaths demonstrate how circumstances can play a large part in how and when these tragedies occur, who is to blame for the deaths and how the victims’ families should handle such difficult scenarios to hold those responsible accountable for their actions.

Tragedy Strikes

In 2008, a 26-year-old printing plant employee, Margarita Mojica, was killed when the cutting and creasing machine she was preparing switched on and crushed her. Her employer had not trained his employees on proper safety practices and was recently criminally charged with manslaughter.

In another tragedy, 25-year-old inmate firefighter Fernando Sanchez died after he was thrown from a truck in a head-on crash with a vehicle driven by an elderly man, who was also killed. The rest of the inmate and LA firefighter crew survived.

Victims of Circumstance

For Margarita, the circumstances of her death were directly linked to the actions of her employer. If she or her manager had safety training, or if safety equipment had been properly installed on the machine that killed her, she may still be alive today. This is an instance where the surviving family is entitled to workers’ comp death benefits and reasonable burial expenses under California law.

For Fernando, the circumstances of his death were unforeseen and, for the most part, uncontrollable. He was simply at the wrong place at the wrong time. The reasons for how and why on-the-job deaths occur are unique, but the blame for these types of deaths must land somewhere. Under California law, Fernando’s survivors may file for workers’ compensation death benefits and burial expenses.

Third-Party Claims

When workplace deaths happen, the responsible parties may include employers, coworkers, device or equipment manufacturers, third parties or even the employees themselves. After investigating how these deaths occurred, criminal penalties or fines may be charged against the guilty parties.

Although an employee (or her survivors) may not generally sue her employer for workplace injuries or death, a third-party claim may still be available. In Margarita’s death, her surviving family brought a third-party claim against the printing press manufacturer and company that sold and installed it. Since the press manufacturer and retailer were not Margarita’s employers, these claims are permissible under California law. In Fernando’s death, the third-party elderly driver also died, so his family could pursue insurance and civil claims against the driver’s estate.

Perhaps the most common situation for a third-party claim is in construction site accidents. Often times these injuries or deaths result from faulty or defective equipment, tools or machinery. Even though the construction worker’s employer provides workers’ comp benefits to him, he can still pursue a civil lawsuit against the third-party equipment manufacturer for creating an unsafe or defective product. Third-party claims can also be brought against a general contractor or other subcontractors, as long as they aren’t the employer of the injured person.

Nobody Wins

In the event of a workplace death, nobody wins. The employees lose their lives, their families lose their loved ones, employers lose a member of their team and many different parties may end up being held accountable or punished for a person’s untimely death. If you recently lost your loved one in a workplace incident, you have legal rights and options as a family member. Contact an experienced Bay Area personal injury attorney to explore a wrongful death claim and hold those parties accountable for the death of your loved one.