BAD LIZZARD: Orange County jury has found GEICO Indemnity Insurance Co. (GEICO) guilty of operating in bad faith and using organization-wide stalling tactics to drag out an auto insurance policy settlement with Omar Dauod, a disabled Irvine businessman for almost six years.

Jury Finds GEICO Insurance Guilty of Bad Faith, Breach of Contract, Inflicting Emotional Distress on Disabled Irvine Man, Awards Almost $23 Million in Damages

Dragged Out Settlement for Almost Six Years; Ignored Requests to Cover Medical Payments, Lost Wages; Rejected Settlement Offers; Family Lost Two Homes

 

SANTA ANA, Calif.--(BUSINESS WIRE)-- Newport Beach law firm Allen, Flatt, Ballidis & Leslie announced today that an Orange County jury has found GEICO Indemnity Insurance Co. (GEICO) guilty of operating in bad faith and using organization-wide stalling tactics to drag out an auto insurance policy settlement with a disabled Irvine businessman for almost six years. 

On March 29, after a trial lasting four weeks, a jury of seven women and five men awarded Omar Dauod, the victim, $9.9 million in general damages. On April 10, it awarded $13 million in punitive damages, bringing the total to almost $23 million.
Dauod was severely injured in an auto accident on October 29, 2009. He underwent surgery for his injuries and continuous treatment in 2010 and 2011, incurring more than $125,000 in medical expenses. In April and May 2012, he requested payment of $400,000 of his coverage from GEICO, beginning the six-year tortuous battle with GEICO to settle the case. 

In awarding general damages on March 29, the jury summarized the findings:

• GEICO delayed payments of policy benefits, unreasonably and without proper cause;
• The delays caused harm to the plaintiff;
• GEICO actions resulted in past and future economic loss to the plaintiff;
• GEICO caused noneconomic loss, including emotional distress and mental suffering;
• The company engaged in conduct with malice, oppression and fraud;
• GEICO officers and managers knew of, approved and authorized the conduct.

The jury awarded total general damages of $9,962,494.66 related to the Bad Faith Conduct: Pain and suffering, $4,000,000; loss of two houses, $1,942,618 including interest; loss of business, $3,911,520 including interest; and $108,355 in attorney’s fees, including interest. 

James E. Ballidis, partner in the law firm of Allen, Flatt, Ballidis & Leslie, Newport Beach and attorney for the Dauods since the original demand for arbitration was made on August 14, 2012, said the verdicts should send a strong message to insurance companies who take advantage of their insureds. 

“The findings of the jury underscore the importance of insurance companies to act fairly, promptly, equitably and in the public interest, rather than using their size and power to limit disbursements and maximize their gains,” Ballidis said. “We asked GEICO to tender the $400,000 in underinsured motorist payments and $5,000 in medical payments on July 9, 2012, and it was ignored. The arbitrator awarded the $400,000 to Mr. Dauod in November 2013. We tried to settle in October 2014 rather than enter litigation with a bad faith law suit, but were rejected, hence filing on Dec. 12, 2014.” 

Ballidis said it was disheartening to see the impact the delaying tactics by GEICO had on the Dauod family, financially and emotionally, since GEICO is a subsidiary of Berkshire Hathaway (NYSE: BRK.A), which had $242 billion in revenues in 2017, according to its annual report, including revenues from its insurance subsidiaries of $192.9 billion.
“Mr. Dauod couldn’t work, he had ongoing medical bills he couldn’t pay, and they lost their two homes, which was humiliating,” Ballidis said. “GEICO knew of their troubles, but rather than expediting reimbursement, the company continued with delay tactics. It has a proven pattern of delaying payments of claims to try and force plaintiffs to accept a lower amount, while they have use of the money. They requested spurious and irrelevant documents, disputed the need for Mr. Dauod’s medical treatments and delayed scheduling a medical examiner for more than a year. The GEICO-appointed examiner agreed with Mr. Dauod’s doctors, which GEICO never shared until forced to during arbitration.”
Ballidis cited Section 790.03 of the California Insurance Code, Section (h) and the subsections, which serve as a checklist of how GEICO operated in bad faith. 

“Previous California Supreme Court decisions reinforced the notion that insurance companies have a fiduciary responsibility to operate in good faith,” Ballidis said. “This includes the qualities of decency and humanity inherent in the responsibilities of a fiduciary. Sadly, the delays to make things right with the Dauod family continue. GEICO has refused to pay the verdict, was unapologetic during the punitive damage phase of the trial and said it will appeal the judgment of the jury.” 

Dauod was a real estate developer based in Newport Beach, California. After the accident on Oct. 29, 2009, he couldn’t work and underwent surgery for his injuries. He lost a $1.4 million development in Colorado in 2012 because he was unable to travel, work and perform construction management responsibilities and oversee projects, Ballidis said.
Ballidis said the Dauod family requests privacy while they recover from the stress of the trial and all that it involved and plan next steps. 

For dates and details documenting the six years of delaying tactics, please contact either Tom Gable or Natalie Haack, listed below, and ask for the “Chronology of Events, Dauod vs. GEICO.”

Cal/OSHA Reminds Employers to Protect Outdoor Workers from Heat Illness and Death

Date: April 13, 2018

Cal/OSHA Reminds Employers to Protect Outdoor Workers from Heat Illness and Death

Fresno—Temperatures at outdoor worksites across California continue to elevate as the weather warms up. Cal/OSHA today participated in a news conference, reminding employers to plan for and prevent heat illness in order to protect outdoor workers from heat-related illness and death. 

An essential component of Cal/OSHA’s heat illness prevention model includes annual trainings statewide in both English and Spanish. Today, Nisei Farmers League and nine other agricultural employers co-sponsored training sessions in Easton in both languages. This co-sponsored training has been held every year since 2008 to highlight the need to protect outdoor workers from heat illness and the requirements under California’s heat illness prevention standard.

“It is never too early for employers with outdoor workers to review their heat illness prevention procedures and ensure their training is effective,” said Cal/OSHA Chief Juliann Sum. “Cal/OSHA continues its outreach and training efforts, as well as enforcement at outdoor worksites, to ensure compliance with the standard.” 

Heat illness is a serious hazard for people who work outdoors. Cal/OSHA’s prevention approach includes targeted enforcement inspections at outdoor worksites in industries such as agriculture, landscaping and construction during the heat season. These inspections ensure compliance with the heat illness prevention standard and the injury and illness prevention standard, which require employers to take the following basic precautions:

1.    Train all employees and supervisors on heat illness prevention.

2.    Provide enough fresh water so that each employee can drink at least 1 quart per hour, or four 8-ounce glasses of water per hour, and encourage them to do so.

3.    Provide access to shade and encourage employees to take a cool‐down rest in the shade for at least 5 minutes. They should not wait until they feel sick to cool down. Shade structures must be in place upon request or when temperatures exceed 80 degrees Fahrenheit.

4.    Closely observe all employees during a heat wave and any employee newly assigned to a high heat area. Lighter work, frequent breaks or shorter hours will help employees who have not been working in high temperatures adapt to the new conditions.

5.    Develop and implement written procedures for complying with the Cal/OSHA heat illness prevention standard, including plans on how to handle medical emergencies and steps to take if someone shows signs or symptoms of heat illness.

The most frequent heat-related violation that Cal/OSHA cites during enforcement inspections is for failure to have an effective written heat illness prevention plan specific to the worksite. Serious heat-related violations are often related to inadequate access to water and shade, and to a lack of supervisor and employee training.

To remain in compliance with the standard, Cal/OSHA encourages employers and supervisors to learn more about the standard, which was amended in 2015. Please refer to the Cal/OSHA guidance on the new requirements and the Heat Illness Prevention Enforcement Q&A for more information on the updates. 

Additional information about heat illness prevention, including details on upcoming training sessions throughout the state are posted on Cal/OSHA’s Heat Illness Prevention page. Cal/OSHA also has extensive multilingual materials for employers, workers and trainers on its Water. Rest. Shade. public awareness campaign website.

Questions related to heat illness prevention should be directed to Cal/OSHA’s Consultation Services Branch, which provides free and voluntary assistance to employers and employee organizations to improve their health and safety programs. Employers should call (800) 963-9424 for assistance from Cal/OSHA Consultation Services.

A Rams Inc. worker was badly burned by arc flash at Westside Regional Medical Center in Plantation, Florida

PLANTATION, Fla. - A worker was seriously injured Tuesday morning at Westside Regional Medical Center, authorities said.

Plantation Fire Rescue Chief Joe Gordon said the worker, who is employed by Rams Inc., was working on the electrical system that feeds into the hospital when he accidentally cut into a pipe that had power lines inside.

However, a spokesman for Gaylor Electrical, which is also looking into the incident, said there was nothing to suggest at this time that the Rams worker cut into a pipe. Wes Anderson said it appears the worker came into contact with an arc flash, which caused him to suffer severe burns.

Due to the severity of his injuries, the worker was airlifted to Kendall Regional Medical Center's Burn Unit.

Westside Regional is currently running on a modified status with a backup generator, but the emergency department remains open, authorities said.

Florida Power & Light employees were at the hospital working to restore power.

Northwest 84th Avenue was shut down while the worker was being airlifted, but the road has since been reopened.

A construction worker died Friday in Hurst, Texas when he fell about 25 feet off a ladder during repairs at the EECU branch building

HURST, NJ

Officials are investigating the death of a construction worker who fell 25 feet from a ladder while working near the Hurst Conference Center in the 1600 block of Campus Drive on Friday.

High winds may have played a factor in the accident, police said. The National Weather Service in Fort Worth observed winds up to 23 mph, and Dallas/Fort Worth Airport reported gusts of 29 mph at 7 a.m. Friday.

Police responded to a 911 call at about 7:05 a.m. and attempted lifesaving measures, including an automatic electronic defibrillator and CPR.

The man, who has not been identified, was deemed to be dead by Hurst firefighters, the release said.

The man was working with a roofing contractor, said Assistant Chief Billy Keadle, Hurst police spokesman.

Apparently the victim and another employee had discussed whether the wind conditions made it unsafe to use a ladder, Keadle said.

The victim had been working on a building near the conference center when he fell, according to authorities.

The Tarrant County medical examiner's office is investigating.

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A construction worker died Friday in Hurst when he fell about 25 feet off a ladder, police reported.

Officers responded about 7 a.m. after a 911 caller reported the accident, which happened in the 1600 block of Campus Drive.

Paramedics used a portable defibrillator and CPR was attempted, but the man died about 7:15 a.m. His name was not released while his family was being notified.

Tyrone Hairston, 30, a City of Modesto, CA Employee, Electrocuted to Death Repairing Streetlight

MODESTO, CA -- A City of Modesto employee was electrocuted while on the job and city officials confirm the employee of six years has died.

It was a tragic work-related accident that took the life of Tyrone Hairston on Floyd and Roselle avenues.

Now, candles and flowers stand near where Cal/OSHA says he was electrocuted while installing a street light on Monday.

In a statement to FOX40, the City of Modesto spokesman said Hairston was proud of his work as an electrician assistant and had a high work ethic. The city manager said in a statement:


“This incident is a tragic reminder of the hazards some of our employees face in the field, and underscores the criticality of our maintenance work.”

Employees with the City of Modesto and his family are devastated. They say he was the kind of guy who helped anyone in need and greeted everyone with a smile.

Cal/OSHA says they are now investigating and add, “Cal/OSHA has six months to issue citations for any violations of workplace safety.” A spokesman said the cause of the accident will be made available when their inspection is complete.

The city manager ended his statement with, "We thrive under a culture of supporting one another, and should take this opportunity to show care for those around us."



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City of Modesto Employee Killed on Job Repairing Streetlight

MODESTO, Calif. (April 10, 2018) — A city of Modesto employee identified as Tyrone Hairston, 30, was electrocuted late Monday morning as he performed maintenance on a streetlight at the intersection of Floyd and Roselle avenues, according to the Modesto Bee.

The article stated that the streetlight had not been mounted on its base. It was unclear whether or not the employee had been elevated or at ground level as he worked on the streetlight.

The man, who was employed as an Electricion Assistant I, was transported to a hospital, but he later died of his injuries.

The fatality is under investigation by Cal/OSHA (Occupational Safety and Health Administration).
Modesto Electrocution Investigation

At this time, we do not know exactly what happened to lead to this man’s death. Was the employee properly trained and supervised to conduct the work he was doing at the time of the incident? Was there negligence on the part of the city or another entity that contributed to or caused the electrocution? Were all precautions made to ensure the safety or this employee?

If you, or your loved one, have been a victim of electric shock or electrocution, and you are unsure of what steps to take, we encourage you to call Johnson Attorneys Group to help you. We will guide you every step of the way and bring our expertise to your case. Contact our experienced Modesto California personal injury attorneys today at 855-703-4186 for a free consultation.