California Injury Blog

When I read this, the first thing that came to my mind was this could absolutely happen on any California’s freeway, with the amount of new construction we have going on here all the time. The news is that settlement talks are about to begin in Boston between the family of a motorist killed about a year ago by failing panels in the Big Dig, Boston’s central artery and tunnel project, and attorneys for the companies that designed and built the project. The sticker price for the construction project was$14.7 billion, the costliest project in the history of this country.

According to an article in the Boston Globe a wrongful death lawsuit was brought by the family of Milena Del Valle, a 39-year-old woman who was killed July 10, 2006, when several concrete ceiling panels fell from the Interstate 90 connector tunnel as she and her husband drove toward Boston’s Logan Airport. The lawsuit, which seeks unspecified damages, names the Turnpike Authority and companies connected with the design and construction of the project.

Inspectors who checked out the tunnel after the accident believe that the bolts that were holding the ceiling panels in place came loose because of failures in the epoxy resin that is meant to glue them in place, the article said. After the accident, repairs were made throughout that tunnel system and concrete panels were supported with more bolts and brackets. Massachusetts Attorney General Martha Coakley has said she will decide by the end of this month if her office will pursue criminal charges against the companies named in the wrongful death lawsuit.

Continue reading "Settlement Talks to Begin in Boston Tunnel Wrongful Death Lawsuit" »

Earlier this month a Florida jury awarded $32.5 million to a man who suffered severe brain injuries when the seatbelt shoulder restraint in his 1993 Ford Escort failed during a head-on collision 11 years ago, according to an article published in the legal journal, Lawyers USA. The award came for 37-year-old Mark Force after more than a decade after the accident and two failed trials.

The first trial held in 2003 ended in Ford Motor Co.’s favor. But the appellate court, citing improper jury instruction in 2004 sent it back to trial court. But a second trial ended in a hung jury last year. The most recent trial this month lasted eight days when the six-person jury deliberated for half a day before finding Ford and Mazda – which designed the defective seatbelt system – liable for Force’s severe head injuries.

The plaintiff’s attorney says key evidence in this case included internal documents from Ford and Mazda – 45 complaints about Ford Escort’s seatbelt system. This evidence reportedly convinced jurors that the seatbelt retractor in American Escorts was defective and lacked the safety features used on the same vehicle in Canada. Ford, of course, plans to appeal the verdict. Ford’s attorneys say the seatbelt did its job and in fact saved Force’s life by preventing him from being ejected from the car.

Continue reading "Defective Seatbelt Case Awarded $32.5 Million by Jury" »

A 22-year-old motorcyclist who is completely disabled after he was struck by a drunk driver will receive a $704,649 settlement from the insurer for an Indiana bar where the drunk driver that caused the accident had been drinking, according to an article published in the Journal and Courier newspaper.

Christopher Harmon is said to be in a “waking coma” after he suffered a severe brain injury in the Sept. 2, 2004 crash. According to the newspaper article, his parents quit their full-time jobs, sold their home and bought a house in Indiana just to take care of their son. The parents accepted the settlement from Jake’s Roadhouse bar’s insurer in return for releasing the bar from further liability.

According to a civil tort claim filed by the Harmons on their son’s behalf, 24-year-old Nicole Fox who had been drinking at Jake’s caused three oncoming motorcyclists to crash with her erratic driving. Fox’s blood alcohol level was 0.23 percent – almost three times the legal limit for driving in Indiana, which is 0.08 percent. Harmon suffered brain injuries while another 47-year-old man, Jerome E. Raiff lost part of his left arm and leg.

Continue reading "Motorcycle Accident Claim Settled for $700,000" »

It all started with pet food, moving on to toothpaste and toy trains. Now, a lawsuit says cheap tires made in China caused a fatal traffic accident in Pennsylvania, killing two and injuring two. The tires in question were sold under the names Westlake, Telluride, Compass and YKS, according to an article in the consumer watchdog Web site.

And now, the National Highway Traffic Safety Administration has ordered the recall of as many as 450,000 tires purchased from a Chinese manufacturer Hangzhou Zhongce Rubber Co.

The case sounds a lot like the Firestone tire recall of 2000 when defective tires were said to have caused a series of accidents and rollovers, many involving the Ford Explorer sport utility vehicle. The lawsuit alleges that the Hangzhou “deliberately and secretly removed a safety feature from these tires,” which caused the accident. The tires were manufactured by China’s Hangzhou Zhongce Rubber Co. and imported by Foreign Tire Sales Inc. (FTS), of Union, N.J. FTS says a crucial safety feature was omitted from as many as 450,000 tires it imported from the Chinese company since 2002.

FTS has filed another lawsuit in a New Jersey court seeking to shift all liability in this case to the Chinese company. The key question in this lawsuit is about a six-millimeter layer of rubber placed between the tire’s steel belts meant to strengthen the tire, which FTS says Hangzhou removed without notifying them.

Aside from a larger than usual number of complaints from customers, there was at least one other accident involving these tires when an ambulance crashed in May 2006 where a blown tire caused the emergency vehicle to roll over. FTS officials say they stopped buying tires from the Chinese company in June 2006.

Continue reading "Defective Tires – Made in China" »

A lawsuit against a Fort Smith-based nursing home company can proceed as a class-action suit, the Arkansas Supreme Court ruled Thursday. The lawsuit basically alleges that the Batesville Nursing and Rehabilitation Center in Little Rock, “failed to live up to contractual and statutory obligations to take care of the basic daily needs of hundreds of residents,” according to a news article in the Dallas Morning News.

When you get down to the specifics of what went wrong in the Arkansas nursing home, it’s what we at Bisnar|Chase have been alleging in nursing home lawsuits for years, understaffing that leads to victimized clients. For example, this lawsuit states that over four years (2000 to 2004), the nursing home failed to provide proper care of its 489 residents. Why? Because, the suit says, they understaffed their facility.

On May 1, 2006, the courts granted class-action certification to the suit with respect to claims of statutory and contractual violations only, not claims of malpractice or personal injury. The defendants appealed that ruling. Attorneys arguing against granting the class-action certification said it would make it impossible to examine the issues in this case if each patient cannot be considered separately.

Continue reading "Nursing Home Lawsuit Receives Class-Action Status from Supreme Court " »

The United States Senate has proposed a bill that would require automakers to increase fuel economy over 40% to 35 miles per gallon. The new regulation, if passed by the House, would apply to all sized vehicles-cars, trucks, and SUVs.

One of the major concerns by consumers is that their choice of ‘size’ will be impacted by the bill, but according to David Friedman, director of the clean vehicles program at the Union of Concerned Scientists, he “…would expect them [cars] to look a lot like they do today, the same size, the same acceleration and the same or even better safety.” Friedman added that he believes the cars will “…have better technology, better engines, more efficient transmissions and stronger aluminum bodies”, but they may cost more.

The proposed legislation seeks to research ways to improve the use of lithium-ion batteries, like the kind used in laptop computers, but if the cars are plugged into electric sockets will the costs in electricity eclipse the savings in gas? Some studies suggest that averaging the cost of fuel and electricity could bring the cost down to the equivalent of $1/gallon.

While automakers are balking and lobbying hard against the fuel economy provision in the Senate bill, as proposed, because they believe they will be unable to change the mix of cars available to the buying public in the showrooms of 2020. Eric Ridenour, Chief Operating Office at Chrysler Group, indicates that right now 3 out of 4 vehicles are built on truck frames and the company will have to decide whether or not to keep selling some of its larger vehicles in light of the proposed regulations. Ridenour clearly believes that the larger family-sized vehicles will be the ones most at risk, and that in the end vehicles will be lighter and smaller.

Continue reading "Why Is The Auto Industry Fighting Mandated Fuel Efficiency Standards?" »

A former Navy seaman, who has survived two tours in Iraq without an injury, almost died June 14 when a suspected drunk driver struck him on the freeway near Torrance, according to a news report in the Daily Breeze. Brandon Wexler, 23, is still in critical condition and needs to undergo more surgeries to repair his damaged bladder, crushed pelvis and broken femur.

The accident occurred on the 110 Freeway at Alondra Boulevard when Wexler got hit from behind, hurtled through the air into a traffic lane where a sport utility vehicle then rolled over his body at 65 mph, the article said. It’s interesting to note that Wexler was actually on the freeway with members of his motorcycle club trying to help another injured SUV driver.

But as Wexler slowed to 50 mph to stop, the suspected drunk driver hit him from behind at 70 mph. He underwent six hours of surgery and told the newspaper what he said to his grandma: “I survived Iraq, I’m not going to die in Torrance.” After he recovers completely, Wexler hopes to get back on his motorcycle.

Continue reading "Man Injured on Motorcycle was the Victim of a Drunk Driver" »

Officials investigating a fatal car-train collision in Covina, which took the lives of a 53-year-old man and his 10-year-old niece and left his 12-year-old daughter in critical condition, have ruled that the crossing arms at that site were all functioning properly.

Contradicting reports surfaced after this collision, which happened the afternoon of June 17. According to an article posted on KNBC’s Web site, witnesses saw that the arm at the crossing never came down. Those accounts clashed with initial accounts that the man may have been trying to make it across the tracks before the Metrolink train went through. Earl Brown, the driver of the Mitsubishi Galant and his 10-year-old niece, Raven Elizabeth Smith, both of Covina, were killed, officials said.

The Metrolink train had 150 passengers aboard and fortunately no one was hurt. The train, which was traveling from Union Station to Riverside, was reportedly traveling at 40 mph when it entered the crossing where the accident occurred. The collision pushed the car about 75 feet from where it was hit, according to the KNBC report. All three occupants of the car were wearing their seatbelts, officials said.

Continue reading "Investigators Say Crossing Arms Were Working During Fatal Car-Train Wreck" »

A Texas widow has sued Service Corporation International, one of the world's largest funeral companies which owns cemetery properties here in Orange County, CA. Juanita Guerra alleges in her lawsuit that the Mont Meta Memorial Park in San Benito, Texas, moved her husband’s remains not once, but twice, over a period of just five years.

According to an article published in the Brownsville Herald, Juanita Guerra had picked a spot at the cemetery for her husband, Marcos, because it was just a few feet away from where other family members were buried. Marcos was laid to rest on Oct. 8, 2001. But barely a month later, as the pain of losing her husband was still fresh, Juanita was forced to relocate Marcos’ body because the cemetery said they messed up and gave her plots someone else had already bought, the lawsuit states.

Here is the worst part. A year after putting her through the "we messed up" and having to dig up and move her husband's body, the cemetery moves his body again – this time without even telling the poor woman! Can you imagine going to a cemetery to visit a loved one only to find that their body and grave stone have been replaced with someone else's remains? Can you imagine a multi-million dollar corporation digging up your husbands remains and moving them a second time, without any notification to you? Deplorable!

Juanita Guerra's lawsuit accuses SCI of fraud, trespassing, negligence and intentional infliction of emotional distress. Here’s what the plaintiff’s attorney tells the newspaper:

“If there is anybody that is doing the work of the devil, this company seems to be doing it.”

Continue reading "Family Sues Cemetery After Remains are Moved a Second Time" »

It took a while for state officials to whip out a pen and write out a citation. Two years, to be precise. But this week they did it and fined Emmanuel Health Care Center of Norwalk $80,000 after investigators found that poor care by employees led to the death of a 54-year-old resident in August 2005, according to a news article in the Los Angeles Times.

A California watchdog group is criticizing state officials for taking too long to impose what is considered as the most severe penalty that can be imposed on a nursing home for negligence. If negligence by a nursing home took someone’s life, the state health department should act quickly to ensure that the facility corrects the problems and more importantly, to make sure it never happens again, said Michael Connors of the California Advocates for Nursing Home Reform.

The male resident, whose name was not released, reportedly died after suffering an injury to his forehead from a fall. Investigators determined that the resident was at risk for falls and died of “massive bilateral hemorrhage” from the head trauma. The Times reports that the nursing home’s parent company plans to appeal the citation. The death involving the Norwalk facility was the third that state investigators have attributed to negligent care at nursing homes owned by Pleasant Care Corp., California's second-largest nursing home chain.

Continue reading "Nursing Home Fined $80,000 for 2005 Death" »

An accident on the Pomona (60) Freeway took the life of a man as his 1988 Volvo apparently blew a tire and hit a big rig. According to an article posted on the MSNBC Web site, the 49-year old man, James Ong of Moreno Valley, was heading west on the freeway and was near the Fairway Drive exit at about noon Monday when the incident occurred.

CHP Officer Patrick Kimball was quoted in the article saying the car which was doing 60 mph, lost control after blowing its right rear tire and moved suddenly across from the No. 2 lane onto the No. 4 lane. The big rig on the No. 4 lane traveling at about 50 mph hit the passenger side of the car. The impact pushed the car to a concrete drainage ditch and caused the big rig to land on top of the car’s roof, Kimball said.

While, firefighters who had rushed to the scene, cut Ong out of his car using hydraulic tools, he had already received major head trauma and was declared dead, the article reported. The big rig’s driver, Robert Bokkes, 67, of Aguanga was not injured.

The accident with its horrific and tragic end does underscore a very common and hazardous issue that affects all drivers – the proper maintenance of vehicle tires. According to the National Highway Traffic Safety Administration (NHTSA), low tire pressure-related crashes are to blame for 660 fatalities and 33,000 injuries every year. NHTSA estimates that about one in four cars and one in three light trucks has at least one significantly under inflated tire.

Continue reading "Tire Blow-Out Kills Man in Pomona Freeway Big Rig Accident" »

In 2004, according to the Centers for Disease Control and Prevention, there were 3308 unintentional, fatal drownings. That is an average of 9 lives lost per day. Boat-related deaths accounted for an additionally 676 drownings.

For every child under 14 who drowns - 5 others are treated at hospitals, some unable to regain their lives because of severe brain damage.

While in self-report studies men consistently reported more swimming ability than women, the hard numbers show that as men age they are more at risk of drowning in natural water settings, especially where alcohol is present. Men lead in so many of life’s statistics, and they can be risk-takers, so perhaps it is not surprising that of the unintentional, fatal drownings 76% were men.

Another group at risk seems more intuitive, as unintentional fatal drownings are the second leading cause of death in children ages 1-14. Surprisingly, most of the young pool drowning victims had only been out of sight for less than 5 minutes.

Additionally, responsible ‘fun in the sun’ activities require you to be good to your skin! Skin cancer can devastate your life. While many people like to get a head start on their summer tan by burning a couple of times medical experts say that after burning only 5 times your risk of skin cancer doubles. Be sure to use a good sun screen; stay out of direct sun if possible during the hours of 10-4, as the sun’s damaging rays are more potent during these hours. See your family doctor or dermatologist at least once a year for a complete body examination. Melanoma, the most deadly form of skin cancer has been known to kill a person who did not notice a mole between their toes or behind their ear. Your skin is the largest organ in your body-take care of it!

Continue reading "DON’T LET A WATER ACCIDENT RUIN YOUR SUMMER FUN!" »

An Orange County judge ruled last week that a pit-bull that aggressively attacked a woman, is a potential threat to the public and must be put down, according to an article in The Orange County Register. The judge turned down an appeal and desperate plea by the dog’s owner to spare her pet’s life.

Orange Court Superior Court Judge Daniel J. Didier determined that Brutus, a 1-year-old Australian shepherd and pit-bull mix, lunged unprovoked at a 23-year-old woman who was visiting the home of the dog’s owner, Sheri Moody. The judge also ruled that the dog’s release “would create a significant threat to the public health, safety and welfare, and is ordered to be destroyed by the city and its animal control department,” the newspaper reported.

The 53-year-old Moody, who owns three dogs including Brutus, wept when she was informed of the ruling, the article said. Moody insists that it was an accident and that Brutus is a “great dog” and “he never bit anyone before.” The city of Westminster had ordered, after an investigation, that Brutus be put down, but Moody had appealed the decision in court.

Continue reading "Pit-Bull Attacks Woman – Judge Orders Dog to be Euthanized" »

In an ironic twist of events, Judge Robert H. Bork, a one-time Supreme Court nominee and one of the architects of the judicial conservative movement, has filed a trip-and-fall lawsuit against Yale Club demanding $1 million in compensatory damages in addition to punitive damages, according to a news report in the New York Times.

What’s the irony here? It’s just that Judge Bork has been a leading advocate of restricting plaintiffs’ ability to recover through tort law. In a 2002 article published in the Harvard Journal of Law & Public Policy, the judge famously argues that such “frivolous claims and excessive punitive damage awards” have led to the transformation of the Constitution into a document that would allow Congress to enact tort reforms, which would have been considered unconstitutional at the time of framing.

“Accordingly, proposals such as placing limits or caps on punitive damagers or eliminating joint or strict liability, which may once have been clearly understood as beyond the Congress’ power, may now be constitutionally appropriate,” Judge Bork said in that article.

But his opinions on tort law miraculously changed after the 80-year-old Bork took a tumble on June 6, 2006 as he was climbing up the stairs of the Yale Club to deliver a speech for The New Criterion magazine. His suit explains that the Yale Club did not provide handrails on the stairs for the guests to climb up to and that Bork’s fall was a direct result of that.

Continue reading "Personal Injury Lawsuit Filed by Anti Tort Law Judge" »

There is a lawsuit that’s going through the Riverside county court system, which could change the way auto makers look at safety options in their vehicles – and that wouldn’t necessarily be a bad thing for consumers.

Here’s why. According to an article in the Los Angeles Times, this lawsuit, filed by family members of two people killed in a 2002 Chevy Suburban rollover, contends that General Motors Corp. was negligent in not providing an electronic stability control system in its mainstream SUV model. The auto maker offered those options only in its luxury vehicle models such as Cadillac Escalade, Chevrolet Corvette and the Cadillac Seville.

Here’s the question the plaintiffs pose to the jury – should safety be a luxury option? Or should it be mandated for all vehicles? Well, plaintiff attorneys say that once a company has developed a safety device or technology, they have the obligation to consumers to offer it on all their vehicles – whether they are economy or luxury models.

Continue reading "Chevy Suburban Rollover Lawsuit " »

An Alabama jury awarded $1 million to a Prattville physician who sued a local cemetery for breach of contract because cemetery officials reduced the size of a 16-plot parcel the doctor bought in 1976 for $1,595.

According to an Associated Press news article posted in the Decatur Daily, the jury decided against the owners of Prattville Memory Gardens, awarding the plaintiffs the highest damages recorded in Decatur county for such a lawsuit -- $80,000 in compensatory damages and $1 million in punitive damages.

The physician, Dr. W. E. “Gene” Patterson, who plans to be buried in the plot, bought it 31 years ago as an “estate plot” from the former owner of the business. Patterson had envisioned it as a family memorial with concrete walkways, a large family marker and landscaping, the article said. The doctor, who told the reporter that he was surprised at the jury’s verdict, said he was happy that the cemetery owners have been penalized and held liable for breach of contract and fraud.

Continue reading "Cemetery Fraud Results in a Million Dollar Judgment" »

A 10-year-old El Monte girl is in critical condition after she was hit by a car while crossing a busy intersection with her sister and cousin Friday night, according to an article in the San Gabriel Valley Tribune. Mirissa Cortez was taken to Los Angeles County-USC Medical Center with major head injuries after she and the two other girls were hit as they tried to cross Peck Road.

Mirissa’s sister, Cosvi, was treated for minor injuries and released while the girls’ 18-year-old cousin, yet to be identified, remained in the hospital with a back injury. According to the news report the accident happened at about 8:50 p.m. at the intersection of Peck Road and Ranchito Street, when 71-year-old Julian Weisberg of Thousand Oaks drove through the intersection and hit the girls, who were walking on the marked crosswalk. There were no arrests or citations. Officials are still investigating the circumstances of the crash.

But several eyewitnesses and local residents say that the intersection where this accident occurred is one of the busiest and most dangerous intersections in the area. Although there is a 35 mph speed limit, motorists rarely stick to it, observers say. Officials have reported four collisions at that intersection since December. Residents say the intersection needs at least a stop sign to make motorists stop for the pedestrians.

Continue reading "Pedestrian Accident Causes Serious Injuries to 10 Year Old Girl" »

The family of a Tongan Prince killed on Highway 101 in Menlo Park last year has filed a lawsuit against Ford Motor Company. The family is alleging that the Explorer sport utility vehicle they were riding in was unsafe and that the auto maker marketed it as a safe vehicle in spite of knowing its dangers.

According to an article in the San Francisco Chronicle reported that the Explorer was sideswiped during a street racing incident on the highway on July 5. Edith Delgado, a Redwood City teenager, is facing three counts of vehicular manslaughter in the deaths of Tongan Prince Tu’ipelehake, 55, his wife, Princess Kaimana Aleamotu’a Tuku’aho, 46, and their driver, 36-year-old Vinisia Hefa of Palo Alto, the article said.

The 1998 Explorer flipped several times. Delgado and her passenger were not injured in the crash. The lawsuit accuses Ford of deceptive marketing saying that the auto maker touts the Explorer as a safe vehicle while knowing very well that it was prone to rollovers and has a roof that crushes on impact. The plaintiffs’ attorney states that had the prince and his wife been a passenger in a Honda, Toyota or even a Ford Mustang, they would have probably survived the crash.

Continue reading "Fatal SUV Accident Leads to Another Lawsuit Against Ford" »

A six-person jury in Palm Beach, Florida, deliberated for nearly 11 hours over three days, before finding that Ford Motor Co. should pay $10.4 million after the woman became paralyzed as a result of a defective seat in her Ford Explorer, according to an article in the Palm Beach Post.

Donna Grimes said the decision was a victory for her husband. He has long believed that the flaws in the design of her Ford Explorer seat caused her neck to snap during her 2001 crash, which left her a quadriplegic; putting an end to the couple’s once-active lifestyle. The couple says this money will go toward paying Donna’s mounting medical bills.

Grimes’ accident occurred about six years ago when the driver of a Toyota Solara rear-ended her Explorer at 60 mph. The driver of the Toyota walked away from the crash, but Grimes’ seat collapsed jettisoning her into the back seat. Their lawsuit stated that the Explorer seats fail in rear-end collisions causing horrible injuries and even deaths because they are not strong enough to absorb the impact of the crash.

Continue reading "Rollover / Roof Crush Case Awarded $10.4 Million by Jury" »

It was a graduation trip out of a horror movie for four Perris High School seniors who died this week from injuries suffered in a car crash on the way to the beach, according to an article in the Riverside Press-Enterprise. Officials say speed and alcohol were definitely factors that contributed to the crash. Family and friends of the four teenagers are struggling to accept eyewitness accounts of the boys tearing down the road at 90 to 100 mph and waving beer cans out the window, the newspaper article said.

The newspaper identified the four students who died as: Jose Espinoza, 18; Pablo “Paul Ruiz”, 18; Javier Aguayo, 17; and Anthony O'Neil, 17. All the boys, except for Espinoza, died on scene after their Acura Integra careened off I-15 in Escondido and rammed into a tree. Right before they went off the road, the teens had passed a full school bus that was headed to the beach, CHP officials told the newspaper. Perris school district officials say the students should have been on one of those buses and not in their own vehicle because it was a school-sponsored trip to Mission Beach.

According to eyewitness reports, another black vehicle with tinted windows was racing with the Acura the teens were in. Officials are also looking into how the students obtained the alcohol. Friends and neighbors refused to believe that the boys were drinking or showing off their beer cans. Teachers described all four boys as outgoing.

Continue reading "Fatal Car Crash Caused by Speed and Alcohol Killing Four Perris High Students" »

A Las Vegas, Nevada woman died in rollover accident near the airport in Las Cruces, New Mexico according to a story in the Las Cruces Sun News.

Denver Demary of Baudette, Minn. died in a rollover accident on Lake of the Woods County Road Wednesday evening according to a story in the Star Tribune.

In both these news articles the investigating police agencies make the statement that the deceased vehicle occupants were not wearing seat belts. I seriously doubt that either of the investigating agencies did any investigation regarding seat belt use in these accidents. In order to accurately determine seat belt use, an investigator needs to have the knowledge of what evidence to look for and then look for it.

Continue reading "Seat Belt Failure or Failure to Wear a Seat Belt?" »

A Mountain View woman is dead after the sport utility vehicle she was driving was struck by flying concrete from a big-rig crash in Redwood City last week, according to an article in the San Mateo County Times.

Indira Gagloeva was air-lifted to Stanford University Medical Center soon after the crash the afternoon of May 19, but was pronounced dead at the hospital. Gagloeva was driving a Lexus SUV Northbound on Highway 101 when a tractor trailer rig going Southbound rammed into the median, sending chunks of concrete flying around the freeway before the rig burst into flames.

The rocks hit Gagloeva’s vehicle as well as the car that was behind her. Maria Villasenior, the driver of that Toyota sedan was not hurt. Gagloeva suffered major head trauma after a piece of concrete went right through the windshield and hit her, according to the article. Her daughter, who was also taken to hospital, suffered minor injuries.

The driver of the big rig was reportedly carrying a load of cardboard and lost control of the vehicle. The driver and his passenger got out safely. A tire from the truck also flew off and hit a building, but no one was reported hurt. The truck company owner Travis Berry told the newspaper that this was the worst accident in his company’s history. Berry said the driver, identified only as Carlos, had worked for the company only for a month. The crash is still under investigation.

Continue reading "Big Rig Crash Hit Median; Concrete Kills Woman" »

Just when you thought it had subsided for a while, the foodborne-illness scare starts all over again. This time, it’s ground beef. On Monday Supervalu Inc. recalled the meat products sold in its Albertsons and Save-A-Lot stores because it is reportedly tainted with E. Coli, according to a news report posted on NBC San Diego’s website.

Most of the contaminated ground beef was sold under the Moran’s label at Albertsons stores in the states of California, Idaho, Montana, Nevada, North Dakota, Oregon, Utah, Washington and Wyoming as well as Save-A-Lot stores in California, Arizona and Nevada. Albertsons 90/10 Sirloin fresh hamburger patties were also among the meat that was recalled.

The beef products reportedly have sell-by dates from April 20 through May 7 and included Moran’s brand 1-pound to 5-pound meat packages under UPC numbers 34779 60501, 34779 96000, 34779 91000, 34779 60010, 34779 96194 and 34779 21117, according to the news article. This recall is an expansion of another similar recall that occurred on Sunday by United Food Group, a meat supplier. That company recalled 75,000 pounds of ground beef tainted by E. Coli. This meat was reportedly sold at Grocery Outlet, Fry’s, Save-Mart, Smart and Final, Smith’s and Stater Bros. stores.

Continue reading "E. Coli Fear Prompts Ground Beef Recall" »

A police officer is demanding compensation for a “slimy” prank two teenagers tried to pull off on him at a local McDonald’s franchise in Charles City, according to an Associated Press news report.

Officer Josh Douglas has filed a lawsuit saying that when he was working nights two years ago, he went through the restaurant’s drive-through and ordered a chicken sandwich. But when he removed a lettuce leaf, just because he didn’t like that stuff, he went on to discover some mucous-like substance holding the vegetables together. When Douglas and another officer checked into it, they discovered that the two teens were imitating a similar in a movie where a state trooper orders a sandwich and the cook spits phlegm on it, the news agency reported.

The officer and his attorney filed a lawsuit May 8 after they were unable to reach a settlement with McDonald’s. The restaurant owner said that he took immediate action by firing the two employees. But what does the officer and his attorney want? An apology and here’s the important word – compensation.

Officer Douglas didn’t even take a bite out of that sandwich. He didn’t suffer any kind of real physical injury as a result. He didn’t fall sick. He wasn’t hospitalized. And despite that, the restaurant owner did what he was supposed to do. He has probably apologized profusely to this officer and had even fired the two pranksters.

Continue reading "Slimy Sandwich Leads to Similar Lawsuit " »

A New Jersey medical device company that manufactures pediatric heart valves, conduits and patches used in heart surgery is fighting the U. S. Food and Drug Administration in court, stating that the federal agency wrongly quarantined about 1 million of its product parts because of concerns over sterility and health risks.

According to an article last week in the New Jersey Star Ledger , Shelhigh suffered a setback on May 30 when a federal judge made a ruling refusing to release the devices seized by FDA in April. The judge stated that he would not determine whether those devices met safety standards without a hearing, which he said he will schedule soon.

Meanwhile, there is a virtual war of words going on between the federal officials and Shelhigh, which is a small company with 50 or so employees. Most of the company’s devices are exported to Europe, particularly Italy and Spain. According to this newspaper article, federal officials claim in court papers that Shelhigh used a poorly constructed and maintained clean room, and failed to properly test the sterility of products.

Continue reading "Defective Medical Devices Recalled – Manufacturer Denies and Refuses" »

The family of a 45-year-old man to plunged to his death from the Santa Margarita Parkway Bridge while working on it, has filed a wrongful death lawsuit against the city, county and state, according to an article in The Orange County Register. Gregory Wolters of Mission Viejo died when he was attempting to cross the bridge. Officials believe he may have thought there was a solid median between the roads and dropped 100 feet down, the article said.

Wolters worked for Econolite Traffic Engineering and Maintenance Inc., a company contracted by the city to work on traffic control equipment. He is survived by his wife, Kellie, and two daughters, ages 13 and 14. The family alleges in the lawsuit that the bridge was “designed negligently” with poor lighting and weak railings and that it does not conform to highway safety standards. The plaintiffs’ attorney also told the Register that there were no cautionary signs posted on the bridge or additional lighting. The report states that this was the second accidental death on that bridge since 2005.

Continue reading "Wrongful Death Lawsuit is Filed by Family of Bridge Construction Worker" »

The web of lawsuits in the Brandy Norwood fatal crash case became a little more intricate last week after the singer-actress and another driver involved in the crash sued each other in Superior Court, each accusing the other of negligence, according to an Associated Press article posted on the San Jose Mercury News’ website.

The 28-year-old actress, known mostly by her first name, says Mallory Ham of Simi Valley caused the Dec. 30 crash on the 405 Freeway in Sherman Oaks. Ham was injured in that incident, but the crash killed 38-year-old Awatef Aboudihaj of Los Angeles. Her husband has sued both Brandy and Ham for reckless driving. Aboudihaj’s parents and her two children also have separate lawsuits pending against Brandy.

In her lawsuit, Brandy denies allegations made against her in a previous lawsuit and asserts her Fifth Amendment right against self-incrimination while requesting a jury trial. But Ham maintains that Brandy was driving recklessly and is seeking unspecified damages.

Continue reading "Fatal Car Crash Legal Woes Continue for Brandy" »

A mother is suing a South Carolina cemetery saying that her son’s casket was dug up and moved without informing the family, according to a news article published in the Spartanburg Herald Journal. Debra Polson’s 21-year-old son, Jonathan, died Dec. 3 and was buried there four days later. But three weeks later, the mother noticed a marker with another man’s name at the site.

Polson’s attorney says the cemetery violated South Carolina Department of Health and Environmental Control regulations by failing to have a licensed funeral director present and by not obtaining the necessary permits to remove Jonathan Polson’s casket from its grave. The complaint states that the cemetery’s conduct “was so extreme and outrageous to exceed all possible bounds of decency and must be regarded as atrocious, and utterly intolerable in our civilized society.”

The lawsuit also states that when the family first let cemetery management know that there was a different marker at the gravesite, they were actually told that they had been visiting the wrong grave. Of course, later they admitted that Polson’s vault had been moved to another part of the cemetery because they had mistakenly buried him originally in a plot owned by another family.

Continue reading "Cemetery Switches Graves to Cover Up its Mistake" »

To put it mildly, Roy Williams is a man in a lot of trouble – as he should be. According to an article in the St. Louis Post Dispatch. Williams, now a former mortician, is accused of shoddy embalming and fraud. Williams, over the last 20 months, has also been stripped of his business and professional licenses, the newspaper article says.

Williams’ funeral home in Alton, Missouri, first drew attention in October 2005 when the family of Lloyd White complained that the man had “mishandled White’s remains.” The family told police that White was not wearing the clothes the family had brought for him to be buried in and that his body was placed inside the casket, wrapped in nothing but a bloody sheet.

Then, last June, Williams was sued by a casket selling company alleging that Williams hadn’t paid the $3,000 he owed them. A judge in August ordered Williams to pay the amount with interest after he never responded to the suit. Then this month, the Illinois Comptroller's Office filed a petition in Madison County Circuit Court seeking to appoint a temporary administrator to recoup some of the money paid by clients to Williams, the newspaper article said.

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A one-car crash, in Anaheim, took the life of 16 year-old Patricia Thompson last Saturday when her Toyota 4Runner went out of control; hitting a light pole. Amy Husted and Shelly Bailey, both 18, are recovering from the auto accident that took the life of their friend and left them with physical injuries, scars and a new outlook on life.

Amy and Shelly always loved to spend time with their good friend Patricia Thompson. So, when Patricia called them to have them come along with her to plan a party for some friends coming from Colorado they didn’t give it a second thought. But, when Patricia showed up in her Toyota 4Runner with two other friends there was no real room for Amy and Shelly to sit; they jumped in the far back, Shelly on top of the full laundry basket and Amy on the floor beside her. A mile into the ride the 4Runner suddenly jerked to the right, rolled and hit a pole-ejecting Patricia from the car. An investigation is ongoing as to whether, and which, occupants were wearing seat belts. The toxicology results are not yet available.

Amy remarked from her hospital bed, “I still feel as if she is here. It hasn’t hit me yet. With Patricia gone, I don’t know what is going to happen from now on, but I know I want to do better in my life.” Both Amy and Shelly believe they can teach others from their experiences. Shelly wants to be a teacher and Amy wants to coach gymnastics. I wonder what Patricia wanted to be? Whatever it was it will not happen now…….

What was the cause of this fatal accident? It could have been prevented. Was the driver of the 4Runner driven to distraction?

During the summer of 2005 Toyota presented a free class for teen drivers, rightly called “Distractions Course”. The instructor for this course tells the students up front, “…if you hit them they die…” referring to traffic cones lining the course. Megan Waechter, 15, participated in the program at the suggestion of her father.

Continue reading "SUV Crash in Anaheim Takes the Life of 16 Year Old - Inspires Life Changes in Friends" »