Death of Innocence: Chapter 5
The
Bumbling Attorneys
When my son was killed on Feb. 4th. 2001,
I hired an attorney named Walt Moreno. I
hired Walt because he came to Lake County to
discuss my sons death with me, the day of my
sons death. After expressing his sincere
condolences to me, he told me that he too
had a 7 year old son and he could only
imagine the grief that I was obviously
suffering. After examining the collision
scene and looking at the skid marks, Walt
and I both agreed.....the vehicle that
struck and killed my son was over the double
yellow lines by a foot when the collision
occurred. Walt and I both wondered whether
or not the driver was cited or arrested for
this obvious vehicle code violation that
clearly caused my sons death. I went to
Walt's office in Santa Rosa 2 days later and
hired him to represent me in a wrongful
death lawsuit. This turned out to be a big
mistake.
On the initial visit to Walt's office, we
talked about and exchanged photos of our
sons. Sobbing and weeping with my
heartbreaking and tears in my eyes, I
explained to Walt that I raised my son from
when he was 3 1/2 months old, and that my
son was my whole life. Walt told me that he
would do everything in his power to help me
through this. After signing papers with
Walt, he said that he would get a copy of
the CHP collision report as soon as the CHP
finished compiling it. I called the CHP
office every day for several days asking if
the report was ready. The office clerk got
tired of me calling and promised that she
would contact me as soon as the report was
ready. It seemed like an eternity but after
a while I was able to pick up the report,
which I began to study. After reading the
CHP report entirely, I discovered on the
last page under, "other factual evidence",
that there were four rolls of photographs
taken by the CHP the day of my sons death. I
immediately contacted the CHP office and
requested copies of these photographs. It
took several days for me to obtain the
photographs.
After studying each and every photograph
taken by the CHP the day of my sons death,
it was obvious that the CHP should have
arrested Mark Shiflett for reckless driving
and manslaughter. After about a month I had
not heard from Walt, so I called him to see
how things were going. Walt told me that he
had planned on bringing in another attorney
who had more experience with wrongful death
lawsuits. This attorneys name is Fred
Hirschfield. Walt also told me that he felt
it was necessary to bring in an accident
investigator named Dr. Liptia, because it
was obvious that the California Highway
Patrol did not properly investigate the
collision that took my sons life. Walt and I
agreed that it was important to get Dr.
Liptia to do his investigation of the
collision scene, as soon as possible.....
before the accident scene deteriorated. I
explained to Walt that I had obtained the
four rolls of photographs from the CHP
office. Walt's reply was "what photographs".
Walt was not even aware that the photographs
existed. I was shocked to find out that he
had not even read the police report
entirely.
After informing Walt of the existence of
the photographs, he ordered a set of his own
from the California Highway Patrol office in
Kelseyville. Over the next several months
Walt and I had many conversations regarding
my sons death. Several times Walt and I
analyzed the photographs that we had
obtained from the CHP office in Kelseyville.
Walt and I both agreed that the photo
evidence indicated a cover up by members of
the California Highway Patrol of the Lake
County division. The proper thing for Walt
to do at this point, would have been to find
out any information he could about the
driver and why the CHP allowed this criminal
to drive away from the scene of my sons
death, when he was clearly guilty of driving
over the double yellow line in a reckless
manner, when he struck and killed my son.
Walt Moreno did absolutely nothing. Month
after month Walt stalled me about the
accident being reinvestigated by Dr. Liptia.
Finally, after seven or eight months of
being stalled by Walt Moreno, I was told by
Walt, that Fred said it was not necessary to
reinvestigate the collision. By now it was
obvious that Walt Moreno had lost interest
in representing me.
At this point, I had not even talked with
Fred Hirshfield. I looked up Fred
Hirshfield's number in the phone book and
called him. Fred and I briefly discussed my
son’s death over the phone. Fred asked me to
meet him at the scene of my sons death. In
the early part of February 2002, a year
after my son’s death, I met with Fred
Hirshfield and the accident investigator,
Dr. Liptia. I brought with me to this
meeting, a witness, (Timothy Ingram), and
all of the evidence and information that I
had gathered over the previous year. This
included the photographs taken by the CHP
the day of my sons death. Now the reason
that Fred had come to the scene of my son’s
death with the accident investigator, was to
take photographs of the scene of my son’s
death. Fred was not aware that photographs
already existed of the accident scene. So
Fred Hirshfield also failed to read the CHP
report in its entirety and in turn did not
know that CHP photos existed! What this also
means is that Walt Moreno did not even
bother to give Fred Hirshfield the CHP
photos when he turned the case over to Fred
Hirshfield. Not only did he not give Fred
the photographs,he didn't even bother to
tell Fred Hirshfield that the photographs
existed! So Fred Hirshfield and the accident
investigator drove all the way from Novato,
to take pictures of the accident scene in
Lake County, not knowing that pictures
already existed that were taken the day of
my sons death! Timothy and I were both
shocked that Fred Hirshfield didn't know the
photos existed! Sooo... I gave Fred
Hirshfield my copies of the CHP photos. This
included photos that I had enlarged. Dr.
Liptia took out his measuring tool and did a
quick measurement on the roadway and took
some of his own photographs. After meeting
with Fred Hirshfield and the accident
investigator, I became very disillusioned
with these two bumbling attorneys. A short
time later, I decided to hire another
attorney and fire Fred Hirshfield and Walt
Moreno.
The third attorney that I hired was Julia
Parranto. Early on I explained to Julia,
that I did not want to pay Fred Hirshfield
for the terrible job that he did for me. The
only thing Fred Hirshfield did in the first
year was to petition Workman's auto
insurance to pay the $30,000 auto insurance
policy limit. And he didn't even do that
correctly! I explained to Julia Parranto
that I wanted the case to go to court to
expose the cover up the California Highway
Patrol had perpetrated. After several months
of dealing with Julia Parranto I became
disillusioned with her. Julia Parranto
formed an opinion about me as a person, and
allowed that opinion to cloud her judgment.
Several times in her office, she became
extremely irate with me. Julia Parranto
herself told me that because Fred Hirshfield
failed to disclose my sons mother Libby as
an heir, that it would be extremely
difficult to take this case to trial and
suggested that I settle out of court. At
this point, I began calling other attorneys.
After contacting numerous other attorneys, I
discovered that because of the mistakes that
were made by Fred Hirshfield early on,
involving statute of limitations and
disclosing all of the heirs, no other
attorney would get involved.
Julia Parranto took several depositions
before the case was settled. One of the
depositions that was crucial, was the
deposition of Mark Shiflett, the man who
struck and killed my son while driving over
the double yellow line. Julia Parranto flew
to San Diego to take the deposition of Mark
Shiflett who was incarcerated for felony
DUI. About a week after Julia returned from
San Diego I met her at her office. Julia
explained to me that her secretary had made
a mistake and failed to stipulate that the
deposition would be a video deposition.
Frustrated, Julia came back from San Diego
without the deposition. This fact bothered
me as it was important to me to have Mark
Shiflett's lies on paper, or in this video
deposition. Not only was it important, but
it's also necessary to have this deposition
to help prove my allegations against the
California Highway Patrol.
After the case was settled and I read the
settlement agreement, I discovered that
Julia had charged me for this deposition
that she did not deliver. I feel this is
extremely unfair to charge someone for a
service that you do not deliver. Besides
that, Julia charged me 40% and the case did
not go to trial. Julia also paid Fred
Hirshfield several thousand dollars when I
specifically ask her not to pay Fred
Hirshfield any money. For the rotten job
that Fred Hirshfield did, he does not
deserve to receive any money. Julia Parranto
did not take the case over from Fred
Hirshfield, I fired Fred Hirshfield and
hired Julia Parranto to take on the case,
independently of Fred Hirshfield. This was
the agreement between Julia Parranto and
myself when she agreed to take on the case.
The final settlement for my sons death was
$3892.06 of which I received half.
As I mentioned earlier, I raised my son
as a single father from when he was 3 1/2
months old. I explained to Julia, that my
sons mother was never a part of his life and
never paid any child support. Julia went out
of her way to contact my sons mother, and
pay her half of the settlement, so I ended
up with $1946.03. Originally, my sons mother
Libby was not named on the lawsuit. When
Fred Hirshfield made the demand for payment
to Workman's auto insurance he made several
crucial errors. First he failed to include
Libby as a possible a heir. The second error
Fred made was that he failed to include
copies of the photographs, when he made the
demand for payment of the policy limit to
Workman's auto insurance. Had Workman's auto
insurance saw the photographs, they would've
known that Mark Shiflett was driving over
the double yellow line, and it's likely they
would've paid the the policy limit
immediately. Because of these errors the
case dragged on unnecessarily. We ended up
settling for the original $30,000 policy
limit which Workman's auto insurance would
have paid had they been submitted all the
facts by Fred Hirschfield. Because Workman's
did not know that Mark Shiflett was driving
over the double yellow line when he struck
and killed my son, Workman's auto insurance
at first refused to pay the claim. If Fred
Hirshfield had done his job and include
Libby as an heir, the policy limit would
have been lifted and the case could've went
to court after Workman's auto insurance
refused to pay the claim, and I could have
received a substantial amount from Workman's
auto insurance, an amount far greater than
the $30,000 policy limit. Because of Fred
Hirschfield's incompetence, most of the
$30,000 was squandered on unnecessary
depositions, etc., etc.
My sons death is the subject of many
injustices. It was an injustice for Jim
Carreker to deceive me about my son’s
safety. It is an injustice for Jim Carreker
not to be questioned as to why he gave my
son permission to ride his bicycle on a
dangerous highway, unsupervised, without a
helmet. It's an injustice that Mark Shiflett
was allowed to drive away from the scene of
my son’s death without being cited or tested
for drugs. How could they allow a habitual
drug offender, who had just been cited
twice, six days earlier, for driving under
the influence of drugs, to drive away from
the scene of my son’s death, without being
tested for drugs? When you look at how this
all turned out, that's another terrible
injustice. Here I am a victim who lost my
whole world when my son was killed. The
actions of the bungling attorneys, and the
insurance company that didn't even bother to
examine all the facts, and the highway
patrol covering up my sons death to protect
themselves from liability. Because the
highway patrol, purposely failed to include
pertinent facts in a fatality collision
report, the insurance company at first
refused to pay the claim. The bungling
attorneys didn't present the case correctly.
Three years later, the insurance company
ends up paying the $30,000 they should've
paid to begin with. And I end up with
$1946.03!! I wonder how many other people
this happens to? How many other people get
taken by insurance companies and attorneys?
That's not the way it's supposed to be.
Attorneys are getting rich off of people's
misfortune, and the unfortunate victims end
up with nothing. This isn't the first time
I've seen an insurance company refuse to pay
a legitimate claim were people suffered
losses.
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