Friday, November 29, 2019

Thursday, October 17, 2019

Paradise Residents Still Can’t Drink the Water

Paradise Residents Still Can’t Drink the Water

Sep. 30, 2019: “Since last November, when the Camp Fire almost completely destroyed the town of Paradise, the cancer-causing chemical benzene has tainted the town’s water, leaving it undrinkable. Now an independent team of scientists will begin testing for the carcinogen and other pollutants inside the houses that the fire left standing.” Continue reading on www.kqed.org

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New data shows surge in home prices following Camp Fire

New data shows surge in home prices following Camp Fire

Oct. 2, 2019: “The anniversary of the Camp Fire is less than a month away and now, new data reveals just how much average home prices went up since the fire.” Continue reading on www.abc10.com

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Access to health care was already difficult before the Camp Fire, according to new assessment

Access to health care was already difficult before the Camp Fire, according to new assessment

Sep. 20, 2019: “Laurie Heer injured her shoulder when her dog panicked while they evacuated during the Camp Fire. But she couldn’t find her Paradise doctor to prescribe her pain medication and get her on the path for surgery for several months. Now she’s struggling to pay for gas to drive from Lime Saddle Campground, where she’s temporarily living, to Chico every week for appointments with a physical therapist and a psychiatrist. Her dentist has a seemingly interminable waitlist.” Continue reading on www.paradisepost.com

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Friday, September 20, 2019

Don’t be Fooled: PG&E $11 Billion Settlement Over the Butte County Camp Fire Not What It Seems

Camp Fire victims are being shorted, an unlikely duo has teamed up for a hostile company takeover, and a whole lot of people wondering what’s going on with the PG & E settlement. 

To untangle the mess, this article will go over what’s going on, when things happened, and we will also do our best to explain why they happened.

Starting off, let’s talk about the claim amounts.

  • Victims claim PG & E owes $54 billion.
  • PG & E claims that it could only owe $30 billion.
  • The September 9th Plan offers $17.9 billion.
  • To date, they have negotiated $12 billion in settlements, with $11 billion going to insurance companies and $1 billion going to government entities.
  • They’re trying to settle the rest, with the victims, for $8.4 billion.

Next, there are 3 major “groups” involved with the PG & E lawsuit.

  1. You have the insurance companies who have paid out to the victims.
  2. You have individual parties with individual claims against PG & E.
  3. You have a wildfire group that has teamed up with hedge funds in order to stage a hostile takeover of PG & E.

Now we’ll talk about the events and how the developed.

September 9: The chaos started with PG & E unveiling their plans for a company reorganization that would pay out $17.9 billion – slightly over half of the initial amount of claims. $8.4 billion would be for wildfire victims, $8.5 billion for insurance companies, and $1 billion for local government entities.

Right off the bat, it’s easy to see why both insurance companies and individual plaintiffs were upset – the compensation was just too little compared to the damages. 

September 13th: PG & E announces an $11 billion settlement with insurance groups. This settlement is the second , with the first one being $1 billion to government entities, and is for an insurance group that represents around 85% of the claims for the both the Butte County Camp Fire of 2018 and the Northern California fires of 2017.

While some are happy, others aren’t. In a statement from the Ad Hoc Subrogation Group, they’re expecting this initial settlement to “pave the way for a plan of reorganization that allows PG & E to fairly compensate all victims and emerge from the Chapter 11 by the June 2020 legislative deadline”.

With the individual victims, all parties were outraged. According to California law, the victims are to be compensated first, and attorneys feel that PG & E is instead putting insurance companies ahead of the victims. with the settlement and the plan.

Attorneys are now furiously battling in the bankruptcy courts as the deal will require sign off from US Bankruptcy Judge Dennis Montali.

These series of events then leads us to third major development, the hostile takeover of PG & E. For those who aren’t familiar, a hostile takeover is when “Company A” goes directly to the shareholders of “Company B” in order to buy enough shares to take over “Company B”. What makes it hostile is that “Company B” does not want this to happen.

In this case, the various wildfire victims that felt shorted, joined forces with Wall-street hedge funds in an attempt to takeover PG & E and plan out a more fair settlement that would include $24 billion to a trust responsible for paying off the wildfire liabilities. The payout would be a mix of both cash and PG & E stock.

The stakes are higher than ever as victims of the wildfires are running out of time to get their claims in. If you or someone you know were a victim to the Butte County Camp Fires or the Nor Cal wildfires, please contact our award winning attorneys immediately for a free consultation at 559-449-1800. Once again, time is running out and there are only days left. Do not hesitate.

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Friday, September 6, 2019

The Conception Dive Boat Fire Lawsuit

The Conception Dive Boat Fire Lawsuit

On September 2nd, 2019, California suffered one of the worst maritime recreational disasters in history. Truth Aquatics sent out their dive boat, the Conception, for what was supposed to be another normal dive trip. However, off the coast of Santa Cruz island, the Conception, the divers, and the crew, were struck by an unexpected fire. The 33 passengers and 1 crew member beneath the deck did not survive.

Having helped over 300 fire victims across California, the question that the Scuba Diving Certified attorneys at WJKA are trying to answer include: who is at fault, why did this happen and did people really have to die? 

Just because a boat fire happened, does not mean that people had to die. There are supposed to be safety checks in place to prevent this from happening.

We are investigating the origins of the fire and what was responsible for the death of the passengers. Was it gas? Was it fire? Was it the blast from an explosion?

And what caused the fire? Was it a gas leak coupled with an ignition point? Was the Conception equipped to detect a gas leak? Should the boat have been equipped with leak detection systems? 

The attorneys at Wagner and Jones are looking at all of the possible factors:

  1. What caused the fire?
  2. How did the fire spread so quickly?
  3. Were the crew members trained on what to do in case of an emergency?
  4. Were the passengers trained on how to handle emergencies?
  5. Did the poor layout of the boat contribute to the death of the passengers?
  6. Were the emergency exits obstructed?
  7. Were electrical systems involved?
  8. Were the fire alarms properly maintained?
  9. Were there unsecured flammable objects present to accelerate the fire?
  10. Was the emergency lighting system properly maintained?

Truth Aquatics Trying to Evade the Conception Dive Boat Fire Lawsuit

Truth Aquatics, in an effort to walk away with minimal losses, filed a lawsuit with the U.S District Court in LA using an antiquated maritime law from 1851. If successful, this law would limit Truth Aquatic’s liability to the just the remains of The Conception (which has been declared a total loss).

To sum up what this means: Truth Aquatics is trying to limit their liability for the Conception Dive Boat Fire Lawsuit down to $0.

Due to this filing, families and victims now only have 6 months to bring forth their cases.

In order for their filing to go through, the owners of Truth Aquatics, Glen & Dana Fritzler have to show that the boat was seaworthy, properly maintained, and that and they were not at fault for the Conception dive boat fire.

However, the Scuba Diving certified attorneys and Wagner and Jones believe there’s a strong case  for negligence and that there is a way around the historic maritime law.

A Personal Message From Our Attorneys

Coping with the loss of a loved one can be one of the most trying times of your life. When your family member’s death was caused by another party’s negligence or wrongdoing, the grieving process only intensifies. You may have the right to file a wrongful death lawsuit and receive the closure and financial compensation to which you and your family are entitled.

Wagner, Jones, Kopfman, and Artenian are experienced attorneys who currently represent over 300 fire victims. Our certified scuba diving lawyers will help you through this difficult process. Contact WJKA to receive a free consultation today.

What Happened With the Conception Dive Boat Fire?

The flames erupted early in the morning of Sept 2, 2019. At 3:30 AM, the U.S Coast Guard heard the mayday calls from the conception dive boat. However, by the time they arrived, it was already too late.

The 5 crew members who were above deck when the fire erupted managed to escape. The other 34 members, below and the deck and asleep, did not make it out.

“This is probably the worst-case scenario you can have,” said Santa Barbara County Sheriff Bill Brown. “It’s a vessel on the open sea in the middle of the night; it’s 3:30 in the morning … The sleeping compartment is on the bottom of the ship and they would be sound asleep … You couldn’t ask for a worse situation.”

How the Surviving Crew Members of The Conception Dive Boat Fire Responded

According to the local Santa Barbara news outlet, Noozhawk, 4 out of 5 of the surviving crew members of the Conception dive boat were administered alcohol tests, which they passed, as well as drug tests. The fifth member was not able to be tested as they were hospitalized.

It is expected that the preliminary report from the crew members will be released on September 14th, detailing their accounts of the events.

According to investigators from the National Transportation Safety Board (NTSB), the crew members were all cooperative.

The NTSB is collecting and analyzing all documents and resources in regards to the Conception dive boat fire including the inspection history, training procedures and documents, maintenance records, the mayday call recorded by the Cost Guard, and any manuals. Surprisingly, the Conception did not have a sprinkler system in case of a fire because the boat was not big enough to require one.

Wagner Jones, California Boating Accident Lawyer

The attorneys at Wagner and Jones, all scuba-diving certified, are looking into several key areas that could have been the cause of the Conception dive boat fire. These include:

  1. Potential mechanical negligence that sparked the fire.
  2. Potential electrical negligence that sparked the fire.
  3. Improper maintenance of fuel sources.
  4. Proper training of the crew and passengers in case of any emergency.
  5. Potential obstruction of the safety exits. 

The floor plan for the Conception dive boat, provided by Truth Aquatics, shows that there was only 1 staircase exit to the galley from below the deck. If the fire happened near that staircase, then everyone would have been fatally trapped and explains why the crew couldn’t rescue anyone.

According to the schematic, the only systematized fire suppression system was located in the engine room – did this mean, other than by fire extinguisher, that the vessel had no other way of dealing with fires?

To make matters worse, during the NTSB investigation, Jennifer Homendy decided to inspection the Vision, a similar scuba diving boat. What she found was astonishing. With the lights on, only 1 person could have escaped at a time. 

With the lights off, which was the case for the Conception during the fire, she had an extremely difficult time locating the hatch and even harder time finding the light switch. This was only with her team.

Imagining the chaos and panic of 34 people trapped in a flaming boat, in the dark, would have dramatically amplified the difficulty of finding the escape hatch and lights.

According to news sources, both the hatch and the galley staircase were quickly engulfed in flames, preventing the escape of anyone below the deck.

What caused the Conception Dive Boat Fire?

Because investigations are underway, it’s likely that we won’t know the official cause for a few months. The Santa Barbara County Sheriff has teamed up with the NTSB and are investigating the Conception Dive Boat Fire.

However, based on available information, it appears that the “fire” was not a fire, but was instead an explosion. This explains how the flames spread so quickly. 

The Santa Barbara Conception Boat Fire Victims

In order to respect the families of the victims, we will not be publishing the names of the conception boat fire victims on our website. However, CNN has been authorized to share a few of them.

Coverage of the Conception Boat Fire

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Downed power-lines likely sparked the massive Camp Fire blaze. PG&E recorded and informed state regulators of an electrical incident relating to a major electrical transmission failure just minutes before the reported start of the Camp Fire. The Camp Fire has destroyed 125,000 acres, 6,522 residences and 260 commercial properties with an estimated 15,500 structures that are currently threatened. WJKA will represent the victims that have lost residences, commercial structures, and personal property or, who were injured in the fire. Contact WJKA to consult with a wildfire attorney about your options. You pay NO FEES or COSTS until adequate compensation is recovered for you.

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Thursday, May 23, 2019

PG&E creates $105 million wildfire assistance fund to help fire survivors

PG&E creates $105 million wildfire assistance fund to help fire survivors

May 22, 2019: “CALIFORNIA – In a press release, PG&E Spokesperson Paul Moreno announced that PG&E worked with a bankruptcy court to create a $105 million emergency housing fund to benefit survivors of the Camp Fire and the 2017 Northern California wildfires.” Continue reading on www.actionnewsnow.com

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