Los Angeles Personal Injury Attorneys
Kiesel Law LLP is a nationally recognized consumer litigation firm specializing in complex litigation, class action, catastrophic injury, consumer fraud, pharmaceutical and medical device injury, unfair business practices, construction defect, truck accident and environmental litigation.
Kiesel Law LLP Investigating Metrolink Train Crash in Oxnard
Kiesel Law LLP has initiated an investigation into last week’s Metrolink train crash that took the life of the train’s engineer and also injured 28 people, 4 of them critically. Paul Kiesel, who was coordinating counsel for the 200 million dollar settlement that was reached in the 2008 Metrolink train crash, is reviewing the events from today’s crash.
“We are especially looking at the fact that the engine of the Metrolink train was at the rear pushing the passenger cars instead of in front. In the case of the 2005 Metrolink train crash in Glendale, the fact that the engine was at the back of the train instead of in the front was a significant factor in the injuries and loss of lives.”
Paul Kiesel leading the 2008 Metrolink Crash Press Conference
Kiesel Law LLP will provide updates as the investigation continues.
Multi-Million Dollar Settlement Reached
After Ground Breaking Trial
A multi-million dollar settlement has been obtained by Paul Kiesel on behalf of clients Nathaniel T. and Gary R. after a jury verdict shattered a decade’s old practice of magazine clearing houses classifying salespeople as independent contractors in order to escape liability. The 12 person jury unanimously decided that the magazine clearing house, Atlantic Circulation Inc., was the employer of Nathaniel and Gary, who traveled from town to town knocking on doors selling magazines for the exclusive benefit of the magazine clearing house. Prior to this trial, magazine clearing houses in California and across the country enjoyed the benefits of the employee/employer relationship without any of the responsibilities of the relationship. These magazine clearing houses employ thousands of young men and women working up to 12 hours a day exclusively selling magazine subscriptions on behalf of the clearing houses. In the case of Atlantic Circulation, Inc., the company exhibited total control over the plaintiffs including: where they could sell, which magazines they could sell and which sales pitch would be used.
Riverside Superior Court, location of trial
Atlantic Circulation Inc. greatly benefited from this employer/employee relationship, but when Nathaniel and Gary were seriously injured during their work for Atlantic Circulation, the company refused to provide any benefits, medical or otherwise, to them. Instead, Atlantic Circulation insisted that the young men were, at most, independent contractors who were not entitled to any compensation at all.
“Thanks to the outstanding decision reached by this jury, magazine clearing house corporations will be held accountable when young men and women are injured during the course and scope of their employment for that company”, according to Paul Kiesel. “This is not only a big, life altering verdict for our two brave clients, who were so seriously injured, but is a victory for all people who were, until now, in a relationship with corporations where the company held all the control and benefits, without any of the potential liability to those who worked for them”.
Paul Kiesel Named to the Daily Journal’s 2014 Top 100 List
The Daily Journal has recognized Paul Kiesel for his outstanding work both in the courtroom and on behalf of the courts by selecting him as one of the Top 100 Lawyers in California. The Journal lauded Paul’s efforts as one of the leaders of the consolidated litigation against Fedex Corporation. This litigation stems from the tragic crash that took the lives of five students and 3 adults when a Fedex tractor-trailer crashed into a bus full of students on their way to a college tour.
Paul has also been singled out for his work as Co-Chair of the Open Courts Collation, a bipartisan committee of attorneys and other stakeholders throughout California, including the Chamber of Commerce, who are advocating for greater funding of the civil justice system.
Paul Kiesel said, “I am honored to be selected as one of the top 100 lawyers in the state of California, where there are over 225,000 practicing attorneys.”
Federal Express Bus Crash Lawsuit Filed
A wrongful death action has been filed by Kiesel Law LLP against Federal Express on behalf of the family of Ismael Jimenez.
Paul Kiesel stated at the May 20, 2014, news conference that the lawsuit is on behalf of Ismael Jimenez, 18, an aspiring college student and artist. Ismael and other high school seniors were headed north for a tour of Humboldt State University when the bus was struck head-on by the FedEx truck. “Ismael sacrificed his life to save the lives of other students on the bus,” noted Kiesel. “This was the Bus Full of Dreams, because these were disadvantaged children who had excelled in school and were the first in their families to attend college.” “Liability rests first and foremost with Federal Express. Federal Express owned, maintained and ran that tractor unit,” said Kiesel. “By bringing this claim now, it gives the family the legal right to determine why this tragic crash happened.” Ismael Jimenez rushed to the front of the bus as it was filling with smoke, broke out a window and helped lift others to safety. Evelin Jimenez, Ismael’s sister, said, “He could have saved his own life, but he put the lives of others first. He is a Hero.”
$4,014,069.00 Verdict on Behalf of Tractor-Trailer Collision Victim
“And now you know why we are here” were the words that attorney Paul R. Kiesel used in rebuttal at the close of a ten day trial in Santa Rosa. Paul was reminding the jury of the defense lawyer’s opening statement two weeks earlier when the Defendant trucking company admitted full responsibility for the crash and it’s lawyer said “We want to make it right”. This personal injury trial focused on injuries that the Plaintiff sustained when his stopped pickup truck was rear-ended by the Defendant’s 45,000 pound Tractor-Trailer that was traveling at 45 miles per hour at the time of the impact. The driver of the pickup truck, who was 22 years of age at the time of the crash, suffered Compression Fractures of the 2nd, 3rd and 4th Thoracic vertebrae, was confined to a body cast for 9 months, has undergone (and continues to need) post-accident medical care and treatment and he has and – for the rest of his life – will continue to experience a lifetime of daily constant pain. However, as the trial progressed, it became apparent to the jury that there was a sizeable gap between defense lawyer’s words and their true intentions. Not only did the defense lawyer disagree with the Victim’s expert witnesses during the trial, which included treating physicians from the Mayo Clinic and St. Jude’s Medical Center, the defense attorney ended up greatly disagreeing with the defense’s very own expert witnesses as to the costs of that lifetime of future medical care and the lost earning capacity that this young man sustained due to the Defendant’s own (admitted) negligence. Rather than “making it right” it became obvious to the jury that the defense was only attempting to minimize, reduce and avoid financial responsibility for the crippling injuries that its driver’s negligent operation of the Big-Rig caused. Because the defense lawyer and the defense of the case didn’t do so, it was left to the jury to “make it right,” and they did by returning this sizeable verdict on the Victim’s behalf.
Helen Zukin Selected 2014 Woman Consumer Advocate of the Year
Kiesel Law LLP is proud to announce that the Consumer Attorneys of California Women’s Caucus has selected partner Helen Zukin as 2014 Woman Consumer Advocate of the Year. This award was presented to Helen to honor her as a trailblazing female CAOC member who has made significant contributions to the profession by: 1) pioneering leadership roles for women plaintiffs’ lawyers; 2) inspiring, supporting, and mentoring other women lawyers; 3) obtaining excellent results for consumers and injured victims; 4) helping elect pro-civil justice candidates, or 5) working to either establish new law or protect favorable law for consumers or injured victims.”
Paul Kiesel and the entire firm congratulate Helen on receiving this award.