California Injury Blog

MRI scans are as common as x-rays these days. But here is a news report that will make you think twice before you enter the belly of that scanner. On Wednesday the Food and Drug Administration issued a statement asking manufacturers of certain contrast agents, used in patients who get MRI scans, to place a black-box warning on the agents so patients are aware of the risks involved. Apparently these agents can be lethal to patients who have severe kidney problems, according to an article posted on CNN.

According to this article, the warning would involve five gadolinium-based contrast agents, some of which are manufactured by General Electric Co.’s health care unit as well as BAY, an arm of Bayer and Tyco. FDA officials say these agents, when used on someone with severe kidney problems, “could cause a debilitating and potentially fatal disease called nephrogenic systemic fibrosis.” Among others who are at risk are patients who are undergoing a liver transplant or those with chronic liver disease.

FDA officials say this condition, commonly referred to as NSF, can cause thickening of the skin and connective tissues and restricts their mobility resulting in broken bones. This type of fibrosis may also develop in the diaphragm, thigh and lower abdominal and lung vessels. NSF is a debilitating condition that results in gradual deterioration and may eventually lead to death. The agents in question are used to enhance visibility of internal organs when patients undergo an MRI. According to FDA officials, the contrast agents are not required for an MRI to be done.

Continue reading "FDA Wants Warning On MRI Contrast Agents" »

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Posted In: Defective Drugs

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A resident in Amarillo, Texas, has filed a lawsuit against the city of Lubbock Cemetery, alleging that the grave marker indicating her infant daughter’s burial site has been moved and that she doesn’t know if or where her daughter’s body has been moved, according to an article in the Daily Toreador.

Connie Sanders purchased a burial plot at the city-run cemetery in the early 1970s to bury the little girl in an area of the park called “Baby Land.” Sanders has since moved away from Lubbock and became concerned when she heard about problems at the cemetery and a prior lawsuit they’re facing. So she decided to check it out for herself. Sure enough, when she came to Lubbock to visit the burial site, the marker was gone. Sanders’ attorney told the newspaper that the only information the city has provided is a card-like filing system that acknowledges that the girl was buried somewhere in the cemetery. But there is absolutely no physical proof, no marker.

Sanders’ attorney has been contacted by other families whose loved ones were buried at that cemetery, but this is his first case regarding Baby Land, he told the newspaper. The city meanwhile says it will vigorously defend the lawsuits. The cemetery holds more than 400 funerals a year. So far, six other plaintiffs have filed suit against the cemetery making similar allegations. Sanders is filing for monetary compensation seeking damages for the emotional pain and suffering they are experiencing. Her attorney says the city cannot provide any other relief at this point.

Continue reading "Funeral Home Negligence Results in Lost Gravesite – Mom Files Lawsuit" »

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Posted In: Funeral Home Negligence

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It’s not every day that an Orange County freeway fatality gets international attention.

According to a Los Angeles Times article, there is an arrest warrant for Youn Bum Lee, an executive at Hyundai Motor Co., who left for his home country of South Korea, allegedly with the help of his colleagues, after a fatal motorcycle accident on the 55 Freeway in Orange County involving a vehicle Lee was driving while intoxicated.

Orange County prosecutors are charging Lee with three felonies in the death of 23-year-old Ryan Dallas Cook, who on the fateful night of Oct. 18, 2005, was taking the 55 Freeway back home after practicing with his band. Lee is being charged with gross vehicular manslaughter while intoxicated, driving under the influence of alcohol and drugs with injury and hit-and-run with injury or death, according to the Times article. Also, the victim’s family has told prosecutors that they want Hyundai executives to be held liable because they helped Lee flee to Korea before police got wind of it.

Officials from multiple agencies are now looking for this man. His wife and child apparently moved out of the couple’s Irvine home the day after the incident. Federal officials tell the Times that some of Lee’s co-workers at Hyundai’s subsidiary in Fountain Valley were not forthcoming with information during the early stages of the investigation. Cook’s relatives are planning on filing a wrongful death lawsuit and believe that there was a cover-up at Hyundai.

According to police reports Lee, a 40-year-old executive at Hyundai, had dinner with his colleagues at a Garden Grove restaurant in the hours before the incident. The Times article says the group ate barbecued ribs and soup and drank 14 bottles of Saan Soju, a Korean rice wine with 20 percent alcohol content. Lee himself drank about eight shots, reports said. Apparently, they didn’t stop there. At 10 p.m., the party jumped to a karaoke bar where the men drank 16 cans of Hite beer in a VIP room. After that, Lee drove back alone to his Irvine home.

Continue reading "DUI Crash Driver Flees to South Korea" »

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Posted In: Auto & Car Accidents

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A major class action lawsuit against Ford Motor Co., claiming that the auto maker lied to consumers about the safety of its Ford Explorer sport utility vehicle models, threatens to send the struggling corporation over the edge, according to an article in The News & Observer. The suit, set for trial next month, is being brought on behalf of about 414,000 Explorer buyers in California who say Ford officials engaged in deceptive advertising by marketing Ford as a safe vehicle when they knew that it was more susceptible to roof crush and rollovers.

Ford’s trial team claims that this lawsuit threatens the $2 billion Ford earned in the 1990s from Explorers it built and sold in California and puts the automaker on the brink of complete collapse. Plaintiffs say Ford should be penalized irrespective of the financial impact because lives have been lost and major injuries have resulted because of “Ford’s deception.”

Personal injury attorneys and experts alike agree that the Explorer is one of the most dangerous vehicles ever produced in the country. Research has consistently shown that these SUVs have a tendency to flip over even when speeds are not remarkably high. Ford decided to continue with its faulty design because the company’s executives knew that it was simply more profitable to do so. To make matters worse, the company produced a marketing campaign to sell the Explorer as a safe and reliable vehicle for daily use. The class action lawsuit alleges further stating that Ford’s deception cost California’s car buyers about $500 million when their vehicles’ values plummeted once the defects became more widely known.

According to experts who were consulted for this lawsuit, the value of each of these 414,569 SUVs dropped from $1,000 to $1,300 beyond normal depreciation. The lawsuit does not seek specific damages. According to the News & Observer article, the judge has broad discretion to order Ford to pay, if he finds that the auto maker did in fact violate state consumer protection laws. This lawsuit is the first of its kind to go to trial and is being closely watched, the article states.

Continue reading "California Class Action Lawsuit Could Destroy Ford" »

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Posted In: Defective Auto Products

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A woman was run over by her own SUV outside a 7-Eleven in Pacific Beach Thursday afternoon because of a defective parking brake, according to an article in the San Diego Union Tribune. The tragic incident occurred outside the store when the woman got out of her 2005 Lexus sport utility vehicle. As soon as she got out, the vehicle started to roll backward, according to the report.

Officials said the woman had set the parking brake before she got out of the vehicle, but that she had left the SUV in neutral gear. The woman then attemped to stop the moving SUV by jumping into the driver’s seat but fell to the ground and was run over by the front tires, the article states. Officials, who investigated the seemingly freak incident, later found that the SUV’s parking brakes were defective. The woman is expected to recover although she suffered massive internal injuries.

Manufacturing defects are very common among most brands of vehicles. There are thousands of components in today's vehicles; some of them are bound to have design defects. Some design defects are just not discovered before the vehicles are released for sale. History and industry internal documents show that a substantial number of defects are known by the manufacturers before the vehicles are sold and some defects are known before the vehicles are actually built. Some manufacturers will knowingly market defective vehicles figuring that getting caught will not be as big a loss as re-tooling or recalling.

Continue reading "SUV Accident Results After Parking Brake Fails" »

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Posted In: Defective Auto Products

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An investigation is ongoing into a four car collision that took the lives of Grisna Meas 17, and Rick Vetter, 52, of Long Beach, who were apparently killed on impact after Deneshio Lankford’s Honda swerved sideways into oncoming traffic, where it was struck by a SUV - splitting the car in two.

Lankford, 20, also of Long Beach was apparently speeding on PCH when he lost control and crossed into oncoming traffic, according to Seal Beach police Sgt. Ron Lavelle. When Lankford hit Vetter’s BMW, it burst into flames, killing Vetter, as well as Lankford’s passenger, Grisna Meas, 17. Lankford got off with only a broken leg and a broken arm.

According to Dateline, after combing through over 100,000 accident reports, on Pacific Coast Highway (PCH) in 2005 there were 4 fatalities - 3 of those were speed related, and PCH itself was designated as a dangerous highway.

According to the National Center for Statistics and Analysis out of the 4329 fatalities in all of California in 2005, approximately 25 percent of those were speed-related.

Continue reading "Speeding Accidents – The Dangers of Driving On PCH" »

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Posted In: Auto & Car Accidents

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Carol Daniel and Stacey Neria were minding their own business jogging along PCH when William Todd Bradshaw ploughed his car into their bodies, causing them to fly into the air and then come crashing down on his car. What did Bradshaw do? He drove his bloodied car away from the scene of the hit and run and hid until the police caught up with him 9 days later. It is unbelievable that Bradshaw was still driving! He had 3 previous DUIs!

That was April 8, 2006, a little over a year ago. Stacy Neria and Carol Daniel lived, but their lives have been left in tatters. After the accident 34 year-old Stacy was only able to communicate by blinking her eyes, but now over a year later she has learned to swallow, smile and speak softly, but her three children have lost the mother they once knew. Carol Daniel has regained some movement in her arms, but the rest of the 42 year-old mother’s body is also paralyzed. Carol also has three children who have also lost the mother they knew.

What did Bradshaw get? In February of this year he was sentenced to 4 years. But, Carol and Stacy got a life sentence!

Continue reading "Drunk Driver Gets 4 Years - Victims Get A Life Sentence!" »

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Posted In: Auto & Car Accidents

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A Pittsburgh truck driver who improperly hitched a wood-chipper to his vehicle was sentenced Tuesday to nine to 18 months in jail for causing a crash that killed a father and two of his triplets, according to an Associated Press news report that was posted on the San Francisco Chronicle’s website.

The wood-chipper broke free from Bradley Demitras’ truck on a busy highway, rolled across the median and slammed into the family's minivan. Demitras expressed remorse for his actions, but of course, it was too late. The damage had been done.

“All I can say is I am sorry,” he said. “I know that sounds like the hollowest thing in the world, but I am sorry.”

After his sentence, Demitras must prominently display a picture of the accident scene in his home, Allegheny County Judge Lester Nauhaus ruled. He must also serve six years’ probation. Demitras, 35, of Pine Township, could have faced more than 17 years in prison. He pleaded guilty in March to three counts of involuntary manslaughter among other charges and acknowledged that the wood-chipper was not properly hooked up to his truck before he left work on April 13, 2006.

Continue reading "Fatal Car Crash Offender Receives Sentencing" »

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Actor Lane Garrison pleaded guilty Monday to several alcohol-related driving charges, including vehicular manslaughter, in connection with the December death of a popular Beverly Hills High School student, according to an article in the Los Angeles Times. The former star of the Fox drama, “Prison Break” could face up to six years and eight months behind bars after admitting responsibility for the accident in which 17-year-old Vahagn Setian was killed and two 15-year-old girls were seriously injured, the article stated.

The 27-year-old actor was driving his 2001 Land Rover when it crashed into a tree on South Beverly Drive near Olympic Boulevard just before midnight on Dec. 2. The three teenagers were passengers in Garrison's SUV. Authorities said the vehicle was traveling at more than 40 mph in a 25-mph zone. At the time of the accident, Beverly Hills police questioned Garrison but did not arrest him. Blood tests subsequently showed the actor was driving under the influence of cocaine and had a blood-alcohol level of more than twice the legal limit, the Times article said.

Police had recommended charging Garrison with vehicular manslaughter with gross negligence, which could have increased his potential prison time to 14 years, but prosecutors did not find grounds for that charge. Garrison pleaded guilty on Monday to one felony count of driving under the influence, causing injury to multiple victims, and one misdemeanor count of providing alcohol to a minor. He also admitted causing great bodily injury and death and driving with a blood-alcohol level of more than 0.15%.

Continue reading "Fatal Car Crash Leads to Guilty Plea" »

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Posted In: Auto & Car Accidents

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Officials are now saying that the government must require the trucking industry to use electronic onboard recorders to ensure truck drivers comply with the federal “hours-of-service” regulation, according to a Gannett News Service report published in the Indianapolis Star.

According to most recent statistics available, large trucks -- delivery vans to 18-wheelers -- were involved in 5,000 fatal accidents on U.S. highways and 82,000 crashes where someone was injured; all over the course of one year. Experts say drowsy truck drivers who have been behind the wheel for long periods of time caused a large percentage of those crashes in 2005.

Mark Rosenker, chairman of the National Transportation Safety Board, told the news agency in an interview last week that the government must mandate onboard recorders to make sure trucking companies do not allow their drivers to work more than they should be working.

“You want to have a truck that's the safest it possibly can be mechanically,” he said. “Just as important, (the driver) needs to be alert. When he shows up for work, he or she cannot be fatigued.”

Continue reading "Truck Drivers to Get Government Mandated Monitoring Devices" »

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Posted In: Truck Accidents

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General Electric is recalling about 2.5 million dishwashers because of a fire hazard. Company officials said last week that the liquid rinse-aid in the dishwasher can leak from its dispenser on to the dishwasher’s internal wiring thereby causing an electrical short and overheating, posing a fire hazard.

According to the Consumer Product Safety Commission, GE has received 191 reports of overheated wiring including 56 reports of property damage. There were 12 reports of fires that escaped the dishwasher. Damage was however limited to the dishwasher and the adjacent area. No injuries have been reported involving the defective products.

This recall includes GE built-in dishwashers sold under the following brand names: Eterna, GE, GE Profile, GE Monogram, Hotpoint, and Sears-Kenmore. These dishwashers were reportedly sold at department and appliance stores from September 1997 through December 2001 for about $400. Company officials ask that consumers immediately stop using the recalled dishwashers and contact General Electric for a free repair, a $150 rebate towards the purchase of a new GE dishwasher, or a $300 rebate towards the purchase of a new GE Profile or GE Monogram dishwasher. For additional information, contact General Electric toll-free at (877) 607-6395 from 8 a.m. to 8 p.m. ET Monday through Saturday. Consumers also can visit GE’s Website.

Continue reading "Recall of 2.5 Million GE Dishwashers Due To Fire Hazard" »

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Posted In: Product Liability

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An order of Roman Catholic priests reached a tentative settlement last week with nine men and women who say they were abused by a Jesuit priest over a 16-year period, according to an Associated Press news report published in the Daily Breeze newspaper. The deal mediated by a Los Angeles Superior Court judge will reportedly give each of the victims $1.6 million.

The deal was reached Thursday morning after several days of closed-door talks mediated by Judge, Charles McCoy, Rev. Alfred Naucke, a spokesman for the Jesuits of the California Province, told an AP reporter. The news agency reported that it learned through an anonymous source that the settlement was for $14.4 million although that amount was not officially disclosed. The settlement is yet to be signed by all parties.

The money for the victims will not come from the Archdiocese of Los Angeles, but from the Jesuit order itself and its insurance companies. The accusations involve Mark Falvey, a priest who allegedly abused 10 children during a 16-year period beginning in 1959. Falvey died in 1975, the AP article reported. Falvey was ordained in California, but spent several years in China and returned to Los Angeles in 1959. He then served for 15 years at Blessed Sacrament Parish in Hollywood. While at that church, he is accused of abusing children younger than 12 and, in some cases, raping them in the church.

Continue reading "Sex Abuse Cases Settle For $14 Million" »

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Posted In: Clergy Abuse

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Two Pit Bull dogs are suspected of mauling their owners’ 2-year-old son, who was bitten so viciously on the head and neck that one of the animals broke a tooth, officials in Hesperia said last week, according to an article in the Riverside Press-Enterprise. According to the news report, the toddler suffered jaw fractures, a crushed bone around one eye, puncture wounds and gashes on his head and face after the Thursday afternoon attack.

The boy, whose name was withheld because of his age, is in critical condition at Loma Linda University Medical Center. Officials are not sure what provoked the attack, but say that when officers arrived at the home, the two Pit Bulls – a male and a female – had blood on them and were barking and growling. The article states that the boy had gone outside to the driveway where he was ambushed by the male dog. Officials don’t know what triggered the attack, but say it could range from the boy touching the dog to the child falling down thereby setting off the pack animal instinct of attacking a wounded animal.

The family had owned the male Pit Bull for only a month, but officials learned that the dog had displayed violent tendencies even within that time. Two weeks ago, the male Pit Bull had attacked and injured a neighbor’s dog, officials said. Both dogs will be quarantined for at least 10 days because they don’t have current licenses and rabies shots. A hearing will be held in the next 20 days to determine how and why the boy was attacked and what should become of the dogs, the article stated. If the family gives up the dogs, they will likely be euthanized, officials said. But they said the family has expressed a desire to have the female Pit Bull back.

Continue reading "Pit Bull Attack Causes Serious Injury to Hesperia Toddler" »

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Posted In: Dog Bites

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It started with the brouhaha over pet food, but now the safety of a whole range of food products imported from China are coming under the microscope, according to a news article posted on the consumer watchdog website.
According to this article, a new study published in Environmental Toxicology and Chemistry found samples from Chinese markets that contained concentrations of contaminants high enough to pose threats to human health.

This is an important detail because China has now become the world’s largest producer and exporter of fish and fish products. Organochlorine pesticides such as DDT, which were officially banned in 1983, have been used in China for decades prior to the ban. Twenty-five years later, there is evidence that new sources, particularly of DDT, may be present and contaminating seafood, researchers say. The most recent study focused on seafood from markets in 11 coastal cities in Guangdong Province.

Continue reading "Chinese Food Imports Under Close Scrutiny" »

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Posted In: Foodborne Illness

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In a move yet again to restrain large verdicts that punish companies, the U.S. Supreme Court on Monday set aside a San Diego jury’s $55 Million award against Ford Motor Co. for a rollover accident involving its popular Explorer sport utility vehicle, according to an article in the Los Angeles Times.

The justices ordered a California appeals court to reconsider punitive damages awarded in the case of a 51-year-old mother of two who was paralyzed after her Explorer rolled over in 2002. This ruling will not affect the $27.6 million awarded to her in compensatory damages, which basically compensate victims for wrongful injuries. Punitive damages, on the other hand, are meant as a punishment to penalize the offenders, in this case, the auto maker. The high court, since the 1990s, has tried to rein in on unrestrained punitive verdicts because they believe such verdicts may violate the constitution, the Times article said.

After losing in the California courts, Ford's lawyers appealed to the Supreme Court arguing that the jury in San Diego might have jacked up the punitive damages as a knee-jerk reaction to hearing that hundreds of people had been injured or killed in rollover accidents involving Ford Broncos or Explorers. The Supreme Court apparently bought that argument and decided to send the Ford case back to the California court for further consideration. A lawyer for the accident victim told the Times that the verdict was based on strong evidence that Ford “had sacrificed safety for profit.”

The injuries suffered by Benetta Buell-Wilson seem to be “classic Ford Explorer rollover.” She was driving at a normal speed on the 8 East Freeway in San Diego when she swerved to avoid a metal object on the roadway. Her 1997 Explorer reportedly fishtailed and rolled over four times crushing the roof and causing Buell-Wilson severe spinal injury and paralysis. Before her trial in San Diego, Ford had won 13 times in trials where plaintiffs had made similar allegations, the Times article said. But in June 2004, the jury in Buell-Wilson’s case socked Ford with a $368.6-million verdict. About a third was to compensate her and her husband for their injuries, including emotional suffering. The rest — $246 million — was intended to punish Ford for reprehensible conduct.

The verdict has since been reduced twice, first by the trial judge and later by a state appeals court in San Diego. The compensatory damages for Buell-Wilson and her family were reduced to $27.6 million and the punitive damages to $55 million last year. Now, the state appeals court in San Diego must decide whether to further reduce the punitive amount.

Continue reading "Ford Rollover Case with 55 Million Dollar Award Gets Reviewed" »

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Posted In: SUV Rollovers

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A woman who was selling flowers and teddy bears for Mother’s Day and a Guatemalan immigrant were killed Sunday morning after a driver jumped the curb and plowed into the parking lot where the woman had set up her stand, according to an article in the Los Angeles Times.

Marilyn Herod, a Riverside mom who was fundraising for her church in South Los Angeles, was struck by the driver of a black 2006 Dodge Charger, who hit the fence in front of Herod’s stand. One of the bars from the wrought-iron fence struck Herod in the head, officials said. After striking Herod, the Dodge continued diagonally across the parking lot, smashing into another fence. Salvin Herrera, who was waiting for a bus, was struck in the head and killed. Two other women and a man suffered injuries.

Police arrested the driver of the Dodge, Harley Darnell Daniels, 21, on suspicion of vehicular manslaughter, the Times article said. Officials believe Daniels was under the influence of a nonalcoholic intoxicant but they were waiting for lab tests to identify the substance. Daniels himself suffered minor injuries, officials said. Those who saw the crash reported that Daniels appeared to be falling asleep right before the crash. Another witness said he was racing with another vehicle.

Continue reading "Car Crash Kills Two By-Standers" »

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Posted In: Pedestrian Accidents

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The California farm that grew the spinach linked to last year's nationwide E. coli outbreak, and the two companies that processed and marketed it, have settled lawsuits with the families of three women who died, two of whom had not been included in the official death toll, according to a news report in the Los Angeles Times.

The attorney for the three families said Mission Organics, Natural Selection Foods and the Dole Food Co. agreed late last month to confidential settlements in the deaths of Ruby Trautz, 81, of Bellevue, Neb.; Betty Howard, 83, of Richland, Wash.; and June Dunning, 86, of Hagerstown, Md., the Times article said.

The Federal Centers for Disease Control and Prevention reported that the E. Coli outbreak in September 2006 caused 205 illnesses and three deaths across 26 states and Canada. Only Trautz was included as one of the three official deaths. Howard was counted as one of the illnesses. According to Howard’s attorney, she died in early January after a lengthy hospitalization.

Continue reading "E. Coli Death Lawsuits Settled" »

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A $1.2 million dollar study, approved by Orange County transportation planners will look at how to improve a section of highway from the Santa Ana Freeway, North of El Toro, to San Clemente, which has been a silent witness to many fatal car crashes.

This area includes over 14 cities and some unincorporated territory which has seen unprecedented growth over the years. While many changes have been put in place by the OCTA in South Orange County to improve congestion on the highways, new cities have sprung up over the years, as new schools, and reasonably priced homes became available. In fact, in 1980 the cities of Mission Viejo, Aliso Viejo, and Laguna Niguel had a total population of 205,000, but it is projected that in 2030 those same cities will increase in population by 45%.

Unfortunately, this study comes too late for several of the county residents who lost their lives on Orange County freeways. Just this month all three of the Cobble’s children, Emma 4, Kyle 5, Katie 2, died when a tractor-trailer, driven by Jorge Romero, rear-ended their minivan near the Oso exit. Kyle celebrated his fifth birthday the day before he died. Romero has been cited several times for such things as speeding; driving without his lights on; and, driving on a suspended license. An investigation is ongoing.

Continue reading "Road Improvement Study Underway in Orange County" »

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Posted In: Defective Roadways

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Mark Lee Cummings claims he doesn’t remember the crash that took the life of Rudy Mora back in 2005. Cummings, who was driving his maroon van on a suspended license, struck Rudy and then left the scene. A short time later the police found Cummings and arrested him. According to the Orange County Register, when Mark Cummings was arrested he had several bottles of beer in his van - including a half empty bottle of beer in the car’s cup holder.

But, this wasn’t Cummings first DUI! Remarkably, between the years of 2000-2004 Cummings had 4 DUI convictions, and he was still driving his van! Finally, this past Monday Cummings was convicted of second degree murder for hitting a bicyclist while driving drunk and then fleeing the scene. Additionally, Cummings was convicted of the additional charges of driving on a suspended license, hit and run involving an injury, and driving under the influence with two or more past convictions.

Continue reading "Drunk Driver Gets Jail Time After Fifth DUI" »