California Injury Blog

By: Staff Writer

Last week, a federal jury in Waco, Texas, awarded $6 million to a man who lost four fingers and suffered major injuries to his left leg after his motorcycle collided with an 18-wheeler. According to an article in the Waco Tribune, jurors deliberated for nearly three years before deciding that a Tennessee-based trucking company was liable because truck driver, Julie Renee Collins, was at fault in the big rig accident.

According to the article, Walter Browning was riding his 2003 Honda Shadow on Interstate 35, when Collins reportedly changed lanes hitting Browning and knocking him off the motorcycle. The jury did not buy the defense argument that Browning entered an entrance ramp and “drove directly into the tractor trailer”. Both the plaintiff and defendant’s attorneys hired accident reconstruction experts, each of whom painted a different picture for the jury and gave their own versions of how the accident may have happened.

Continue reading "Federal Jury Awards $6 Million to Motorcycle Injured In Texas Big Rig Accident" »

Byline: Carol J. Gibbons, J.D.

Is it just me, or do you also wonder why some of the most talented and accomplished people continue to self destruct? It’s Brandy and Paris and now Kiefer and others who could easily afford to call a cab! According to the LA Times not only was Kiefer Sutherland charged today with two counts of misdemeanor drunk driving, but he is also in danger of having his probation revoked. What is Kiefer on probation for? Drunk driving!

Fortunately, for the driving public when Kiefer faces the judge on October 16th it will be in the courtroom of Judge Michael Sauer. That is the same judge who sentenced Paris Hilton to a little jail time after she violated the terms of her probation for drunk driving. Kiefer could get up to one year in jail for the recent charges and six months on the parole violation.

According to Mothers Against Drunk Driving, in 2006 California suffered the loss of 4,236 of its citizens, mothers, fathers, daughters and sons-1779 [42%] of those were alcohol-related.

Continue reading "KIEFER SUTHERLAND CHARGED WITH DRIVING DRUNK?" »

By: Carol J. Gibbons, J.D.

Hooray for Congress! Today President Bush signed into law The Prescription Drug User Fee Reauthorization Act (PDUFA), H.R. 3580. According to the American Association for Justice, the Congress passed a new law that creates new federal safety requirements for drug companies, and Congress was very clear that the bill does not change the burden on the drug companies to warn of a drug’s hazards.

Drug companies know more than anyone what the potential risks are of taking their medications. Why don’t they want to inform us of those risks on the label so we will know too? Are they afraid if we make informed decisions that we may not use a particular drug and their sales are negatively affected? We have a right to know the possible side-effects and risks to any medication we put in our bodies! This new law makes it a requirement that all drug manufacturers modify labels as new risk information is known, regardless of whether they have been mandated by the FDA.

Continue reading "DRUG MANUFACTURERS MUST IDENTIFY RISKS ON THE LABEL" »

An Illinois woman has filed a class-action lawsuit against Simplicity Inc. and Target Corp. whose cribs were recently recalled because of manufacturing defects that caused the deaths of at least three infants. According to an article in the Chicago Tribune, Amber Spritzer is on a mission to get justice for the parents who have been using these defective products. She herself had, until recently, put her 1-year-old daughter, Briana, to bed in one of these death traps every night.

This is what Spritzer had to tell the Tribune: “My daughter is my life, and I would do anything to protect her and I know that there are millions of parents out there that feel the same way. So if the government won't protect our children, then I will.”

Continue reading "Illinois Woman Files Class Action Lawsuit Against Maker of Defective Cribs" »

A Colorado Appellate Court on Thursday upheld an $11.8 million judgment against Union Pacific Railroad after a 2002 train versus car collision in Castle Rock, Colo., severely injured a local teenager. According to a news article in The Denver Business Journal,
Maureen Martin was only 16 years old as she was driving to a high school class on Nov. 12, 2002. Her car reportedly stalled at a grade crossing of the Union Pacific Railroad tracks. Maureen’s boyfriend, who was following her in his truck, tried to push her car off the tracks, but couldn’t do it in time. Maureen’s car got hit by the train.

She was in a coma for two months after the accident. Maureen had suffered severe brain injuries and now after five years, still has slurred speech. The appellate court asked the trial court to look into the matter of whether the girl and her family should get triple the punitive damages originally awarded by the jury, the article said.

The article also says that the particular crossing where the train accident occurred had been “the subject of community debate for years.” In fact, Maureen’s accident was reportedly the fourth at that location since 1980. The lawsuit filed by Maureen and her parents alleged negligence on the part of the railroad and engineer. What was the railroad’s defense? That the train would not have hit Martin’s car if her boyfriend hadn’t tried to push it through the crossing and that Martin could’ve gotten out of the car and escaped when she heard the train’s whistle. Not only that, they said Martin “trespassed” on Union Pacific’s tracks!

Continue reading "Colorado Appellate Court Upholds $11.8 Million Verdict in Colorado Train Accident" »

By: Staff Writer

Here’s a story that won’t just make your stomach turn, but make you wonder what the heck is wrong with the world today! A Phoenix funeral home is reportedly under investigation after reports that they cremated a person’s body mixed up with the remains of up to three other people. According to a KPHO TV news report, the Greer Wilson Funeral Home is accused of adding three bags of body parts to be cremated with someone else’s body. The incident reportedly occurred four years ago.

Mixing remains in that manner is not only illegal in this country, but it shows a clear lack of respect for the deceased. What does the funeral home have to say in its defense? Nothing apparently -- other than a pretty weak “mea culpa.” An attorney for the funeral home said his clients admit they messed up. During a hearing, funeral home administrators said the incident occurred in 2003 when they found an unlabeled box from a hospital in their cooler with three bags of organs. CBS 5 reportedly confirmed through state records that those organs that were cremated with another body were brains.

Continue reading "Arizona Funeral Home Under Investigation For Mixing Remains" »

By: Staff Writer

The Los Angeles City Council has voted unanimously to give $1.15 million to the family of a motorcyclist who died after he was struck by a Los Angeles city employee, who was reportedly driving a city vehicle at the time of the accident. According to an article on CBS’ Web site, 26-year-old Mgrdich Hovsep Fidanian of Glendale was traveling south on Barham Boulevard on Oct. 13, 2005 when he was hit by a car that was turning left into a store driveway.

Fidanian’s parents and siblings filed a lawsuit against the city of Los Angles stating that the driver of the car, who worked in the city’s finance department, used his car as a “city mileage vehicle” and was driving the car within the scope of his job as a city employee, according to the CBS news report.

Another aspect of this lawsuit was the issue of the “dangerous road condition” on Barham Boulevard. The family claimed in its lawsuit that the roadway was perilous for drivers and commuters because of trees, signs and elevations, which hampered the view of motorists. The lawsuit also argued that the posted speed limit on Barham Boulevard was too high given all these dangerous conditions. At the time of the crash, Fidanian was driving over the brow of the hill at the top of Barham Boulevard and through two sets of traffic lights, the CBS article said.

Continue reading "Los Angeles City Council Gives Family of Deceased Motorcyclist $1.15 Million" »

By: Carol J. Gibbons, J.D.
So you are having difficulty in breathing and chest pain, or both. Maybe you are losing weight and have a fever. Could you have the flu, or could it be something much more insidious? Something called Mesothelioma!

The symptoms of Mesothelioma can be confused with so many other diseases, and the onset of this deadly form of lung cancer can occur even up to thirty (30) years after exposure to asbestos. And, Mesothelioma does not just visit itself upon the person directly exposed to asbestos but can also affect family members by secondary exposure. In fact, there have been over 100 identified deaths of family members from mesothelioma in the United States. Exposure to asbestos for as short a time period as one to two months may cause mesothelioma to develop 30+ years later. Exposure may have occurred in the workplace when handling asbestos fibers or materials composed of asbestos or at home just by living in the close quarters with asbestos.
Source: National Cancer Institute

Continue reading "INVISIBLE, BUT DEADLY HAZARDS-WHO WILL HELP THEM NOW?" »

By: Carol J. Gibbons, J.D.

A lot of things have happened in the last sixty some odd years, not the least of which was the joining together of nine plaintiff’s lawyers dedicated to making certain injured people would have their day in court regardless of status or financial means. They stood up for the everyday person and fought giants! Because we live in America, it can sometimes be easy to take our justice system and our courts for granted, but protecting victims’ rights to a jury trial is a vital part of advocacy and those rights are threatened every day.

Thankfully, back in 1946, those nine lawyers took their pledge to protect victims’ rights seriously! Because of their dogged determination, those nine lawyers, the group once called the National Association of Claimants’ Compensation Attorneys, has grown to a membership of 56,000 members worldwide. Today the group is known, fittingly, as The American Association for Justice, and its numbers include not only dedicated attorneys but law professors, paralegals and law students all with a single focus-to educate and advocate. At the center of their purpose is to promote fairness and justice for injured people and to safeguard victim’s rights - especially the right to a jury trial as envisioned by the Seventh Amendment!

It should be obvious to all that a person who is a victim, who is injured, may not in the best position to fight for their rights. For this reason it is imperative that the courthouse doors remain open to legal advocates who have the knowledge and skill to fight for those who have been injured. But, in some circles there has been discussion about the use of ‘judicial resources’ and ‘caps’ on awards, and whether or not it is necessary to provide every victim an opportunity to be heard by a jury and compensated. And, what about those large awards that are said to continue to drive up the cost of malpractice insurance? Say what? Maybe mandatory, binding arbitration would be the way to preserve the courts resources for more serious matters-like maybe strictly business vs. business litigation? I THINK NOT!

Continue reading "INJURED? HELP IS ON THE WAY!" »

By: Staff Writer

The company that manufactures Simplicity and Graco cribs have recalled about 1 million of the defective products after at least two babies – including one from Citrus Heights, Calif. -- reportedly died of suffocation. According to an article in the Los Angeles Times. Keeping with the recent trend with defective or recalled products, these cribs were also made in China, further elevating the issue of quality control of imported goods – from food to toys and household products.

These cribs were apparently sold at major retailers all over the United States. One of the crib’s features, a “drop-side” railing, officials say, tends to pull away from the crib mattress causing infants to get trapped in the gap as a result and suffocate. According to a report by the Consumer Product Safety Commission, officials received reports of seven infant entrapments and a total of 55 incidents in these cribs. The report further states that the crib’s design is flawed allowing consumers to unintentionally install the defective drop-side feature upside down. This in turn weakens the hardware and causes the drop-side to detach from the crib creating the dangerous gap. A 9-month-old and another 6-month-old died in exactly such a situation where the drop-side was installed upside down.

Continue reading "One Million Defective Cribs Recalled" »

By: A Staff Writer

Today, our law firm filed a class-action lawsuit against several Southern California towing companies who we believe are engaging in predatory towing practices. We filed the complaint on behalf of Alejandro Stephens of Los Angeles, whose car was towed when it was legally parked in the lot of a local Kentucky Fried Chicken restaurant. Here is the very disturbing and aggravating detail that spurred this lawsuit – the car was towed without the authorization of the restaurant owner or operator.

Unfortunately, this happens all the time in Los Angeles. Our complaint names several defendants including Nonstop Towing (the company involved in our client’s case), Melrose Towing, Pepe’s Towing, Heavy Metal Transport, Inc., MVP Tow Service, Midlands Towing, Mr. C’s Towing and Blackjack Towing. As Mr. Stephens found out in a very sudden and unpleasant way, these towing companies charge exorbitant and very high drop fees and release fees. In our opinion, it’s nothing short of extortion. These companies also tend to demand payment in cash and refuse to accept credit cards although the money they demand may run into hundreds of dollars.

That’s exactly what happened to Mr. Stephens. He was coerced into paying up $278 -- much more than what genuine towing companies charge. This is definitely not an isolated or rare incident in Southern California. We believe there are many more like Mr. Stephens who have been traumatized and victimized by these towing companies.

Continue reading "Bisnar Chase Files Lawsuit Against Predatory Towing Companies" »

By: Staff Writer

One year after a widespread E. Coli scare caused by bagged spinach, officials are recalling E. Coli tainted lettuce after some inspectors in Canada found a bag of Dole’s Hearts Delight lettuce contaminated with the bacteria. According to an article posted on NBC’s Web site, so far, no one has reported being sickened by the product. Most of the 5,000 bags with the production code “A24924A” or “A24924B” were sold in the United States and some in Canada. According to official reports, the romaine, green leaf and butter lettuce hearts that went into the bagged blends were grown in California, Colorado and Ohio and then processed in Springfield, Ohio, on Sept. 6.

All the recalled bags have a “best if used by” date of Sept. 19, 2007. Officials are still trying to track down the source and method by which this contamination occurred.

Last year, the spinach scare, also caused by the Dole brand, was said to have caused three deaths. The tainted spinach also reportedly sickened hundreds of people across the country. That contamination, investigators determined, occurred in a Central California cattle ranch neighboring spinach fields owned by Dole’s suppliers. Food safety standards were also strengthened in California after that scare and authorities say they are stumped by the recent scare, saying they don’t know how it may have happened again.

Continue reading "Dole Recalls About 5,000 Bags of E. Coli Tainted Lettuce" »

By: Staff Writer

Here is an example of how seriously you can get injured when you get rear-ended. Last week, a jury in Jacksonville Florida awarded a woman $3.4 million because she suffered permanent neck injury after a moving truck rear-ended her car in a 2004 crash, according to a news report in the Florida Times-Union.

Wendy Sugalski’s attorneys told the newspaper that the 37-year-old dance teacher will need lifelong medical treatment. She will have to go in to the doctor every six months to undergo a procedure that would numb the nerves in her neck so she wouldn’t be in constant pain, the article said. Sugalski’s injuries, which include a herniated disc, have caused her severe, consistent pain. According to her lawyer, she is able to teach dance classes but still cannot dance or demonstrate poses to her ballet and gymnastic dance students.

The accident reportedly occurred Nov. 8 2004 when a truck owned by Florida-based Reads Moving Systems hit her vehicle from behind. A Florida Circuit Judge ruled that the truck company was responsible for the damage from the crash. The six-person jury was given the job of putting a price on the damage.

Continue reading "Jury Awards Woman $3.4 million For Neck Injuries from Rear-End Truck Crash" »

By: Staff Writer

About 5 million people in the United States are injured each year as a result of dog bites. It is way too common and you don’t have to try too hard to find at least a dozen incidents that are serious enough to make their way to the day’s news. Just over the last few days we were able to find numerous dog bite news articles on the Web.

What is shocking is that fatalities are starting to become more and more common in these attacks. And it’s not just babies or toddlers who are the victims. We have grown men and women – who did nothing but pass by a dog; mail carriers are common victims. In fact, Bisnar Chase is representing David Carroll, a veteran mailman, who was mauled by a loose pit-bull in Westminster.

These incidents only reiterate the idea that we must hold dog owners responsible for their pets. If a dog runs loose and attacks or kills an innocent victim, guess who’s liable? The dog owner.

Continue reading "Recent Dog Attacks From Around the World" »

A 62-year-old man died this week in the Lincoln Acres area of San Diego, California when the truck he was driving collided with a piece of construction equipment that was reportedly abandoned on a freeway ramp. According to an article in the San Diego Union-Tribune, that equipment was actually an air compressor on wheels, which was later reported stolen.

Joaquin Baltazar Lopez, who officials said was wearing his seatbelt, had to be extricated from his 1989 Toyota pickup truck. The newspaper reported that he died from the injuries even before he could be transported to the hospital. Hours after this auto accident, a company located 20 minutes away from the accident site reported to police that someone had broken into their facility and stole two pieces of equipment used to sandblast plaster from swimming pools, the newspaper article said.

Unfortunately, Lopez slammed into the abandoned equipment minutes after California Highway Patrol officials were notified about it. Officials are now looking for the driver and the vehicle that was pulling the compressor. It’s a tremendous tragedy for Mr. Lopez and his family. Sadly, he is not alone. California’s freeways are among the most notorious for highway debris.

According to a New York Times new article, in California alone, 155 people lost their lives in the last two years as a result of accidents involving objects on highways. The list of these objects reads like a yard sale or a grocery list – from grapes, oranges and strawberries to furniture and mattresses. In fact, in a case that bears an eerie similarity to this San Diego incident, a Long Beach man is facing murder charges in the death of a Los Angeles County Sherriff’s deputy who was killed when he swerved to avoid a stolen stove that had fallen off the man’s truck.

Here’s another statistic from that same article. Pickup trucks and other vehicles piled high with loads not properly secured contribute 140,000 cubic yards of freeway waste every year. That’s debris enough to fill 8,750 garbage trucks, according to a CalTrans official quoted in the Times article.

Continue reading "Freeway Collision with Abandoned Equipment Kills San Diego Man" »

At last, a bill that bans teenagers from using cell phones while driving. This was a long time coming. According to a bill signed off by Governor Arnold Schwarzenegger last week, California’s youngest drivers – those under 18 -- can’t chat, can’t text-message, use laptops, pagers, walkie-talkies, handheld computers or even use a hands-free device while on the road, a news report by the Associated Press stated. This new law, which in my opinion should be enforced on adult drivers as well, will take effect July 1, 2008 – the same day another law requiring adult drivers to use hands-free goes into effect.

The new law for drivers ages 16 and 17 was prompted by the intense popularity of text messaging in these age groups, the AP report said. The governor, while announcing his support for SB 33, said the purpose of the legislation is to “eliminate any extra distractions so they can focus on paying attention to the road and being good drivers.” Violators will be fined $20 for the first offense and $50 for subsequent offenses, the article stated. The only exception is for someone who is making an emergency call.

Continue reading "Senate Bill Bans California Teens from Chatting and Texting While Driving" »

A Metro Gold Line train from Pasadena derailed at a Highland Park crossing last week after it rammed into a pickup truck injuring six people and pushing many passengers out of their seats. According to a news report in the San Gabriel Valley Tribune, witnesses told officials that the driver of the pickup may have been chatting on the cell phone or for some reason did not pay attention to the stop signal. There were 60 passengers on the train at the time of the incident, the newspaper reported.

Investigators are looking into the causes of the train accident and don’t know at this point if the driver was under the influence of alcohol or drugs or if he was distracted by a cell phone. Some passengers reported neck and back pain from the impact of the train crash. The driver of the pickup truck did not suffer any major injuries, officials said. Once the collision occurred there was widespread panic on the train as it rocked and derailed, passengers told the newspaper.

Continue reading "Several Injured in Highland Park Train v. Pickup Truck Crash" »

One person died and several people were injured in a 15-passenger van accident in the Lee County area of Wisconsin this week, according to a news report on WISTV’s Web site. According to the report, the 1992 Ford van filled with members of the Prayer and Faith Temple in Hopkins, Wisconsin overturned on the freeway after its left tire blew. Officials say the van flipped several times. Several passengers were ejected from the vehicle and were transported to area hospitals.

One woman, believed to be in her 40s, died in the crash, the television station reported. According to EMT reports, at least 18 people were crammed into the 15-passenger van. Sixteen out of the 18, of which two were children, were taken to the hospital with injuries, the article says.

It is hard to believe that church groups and community organizations are still using these “death trap” 15-passenger vans. It is a disgrace that with all the information that is now available about these defective vehicles that the National Highway Traffic Safety Administration (NHTSA) has not mandated these vans off our roads. It is shameful that NHTSA still allows them to be sold to the unsuspecting public.

Why are religious organizations and schools still using these “death traps” when there is so much information and evidence showing how unsafe these vehicles are? Any organization that still uses these 15-passenger vans for the transportation of people must be held accountable for the consequences of their choices. The maker of this van must be held accountable as well. The maker is fully aware of the dangerous propensities of these vans. Just visit these Web sites http://www.nhtsa.dot.gov/cars/problems/studies/15PassVans/15PassCustomerAdvisory.htm and http://www.15-passenger-van-accidents.com/recalls.shtml to see how dangerous these vehicles are.

Continue reading "Wisconsin 15 Passenger Van Accident" »

Dog owners must be held responsible for the full extent of the damages their dogs cause. This is especially so if they know their animals can be dangerous and can seriously injure or even kill someone. Take the recent case of a Westminster woman whose pit-bull, Maggie, attacked a veteran mail carrier causing severe injuries to his face and emotional well being.

David Carroll, who has been a mail carrier for the last 16 years, was the latest unsuspecting victim of one of Sherri Moody’s dogs. Carroll reported that he was delivering mail on his regular route in Westminster when, without warning or a sound, he was attacked from behind and knocked to the ground. Before he knew what was happening he was fighting for his life with a pit-bull on top of him biting and tearing at his face and head. Carroll says that if not for a passerby that jumped in to help, he may not have survived the attack. He said he felt the pit-bull was trying to tear him apart and kill him.

Carroll has a nasty wound from his left eyelid to the side of his nose, up across his eye brow to his forehead and across the middle of his forehead to above his right eye. A triple peanut shell shaped chunk of skin is missing from his forehead. Bite marks are clearly visible just above his nose. The stitches are so obvious and grotesque that he looks like he is auditioning for the part of Lurch in the Munsters.

Mrs. Shirley Carroll, David’s wife, reports that he isn’t sleeping since the attack. She said that in the moments of sleep he does get he constantly has nightmares. He is continually agitated and on edge since coming home from the hospital she said. She is most concerned for his emotional well being.

David Carroll says any time he lays down he sees the dog on top of him, feels the panic he felt and relives the pit-bull attacking him. Based upon the look of the injuries it will take substantial plastic surgery to clean up the physical scars. Based upon his emotional state, he is going need therapy as well.

Carroll said this attack was not totally unforeseen. He has been fearful of the dog for some time. He leaves notes for other mail carriers that deliver to Carroll’s Westminster route when he is off, warning them of this pit-bull.

Continue reading "Pit-Bull Attacks Orange County Mail Carrier " »

Federal government acknowledges liability for injuries caused by a federal employee who ran a red light.

In what is said to be the largest personal injury award in Orange County history, a federal judge has awarded $55 million to a young Costa Mesa girl who was paralyzed in a fiery 2002 crash caused by a federal employee who ran a red light. According to an article in The Orange County Register, a federal government spokesman has said the decision will not be appealed and that the government acknowledges its liability in the incident.

Leilani Gutierrez was only 4 years old when the accident occurred. She was riding in the back seat snugly placed and buckled up in a car seat after a trip with her mother, June, to South Coast Plaza, according to news reports. The Register article states that Michael Leinert, an Army employee who was in the area on business, ran a red light broad siding Gutierrez’s Chevy Suburban.

The decision came after an eight-day trial. The case was decided by a federal judge instead of a jury. According to the Register article, the judge awarded a little over $1 million to the mother and $54 million to the girl of which $23 million will go toward medical bills and $31 million toward compensatory damages. The award does not include punitive damages.

This story is a clarion call for all of us to follow traffic rules. According to National Campaign to Stop Red Light Running, in 2002 as many as 207,000 crashes, 178,000 injuries and 921 fatalities were attributed to red light running in the United States. Between 1992 and 2000, fatal motor crashes at traffic signals increased 19 percent, outpacing the rise in all fatal crashes. And public costs exceed $14 billion a year!

Continue reading "Judge Awards $55 Million in Orange County Auto Accident Case" »

By: Carol J. Cardwell-Gibbons, J.D

Arlene Renteria was only 38 when she died, and Arelene’s family is devastated and angry! For years, from June 16, 2000 until March 2, 2003 Arlene lived, if you could call it that, at California-based Covina Rehabilitation Center (Covina). Poor Arlene suffered from a degenerative brain disorder that left her totally helpless, and at risk for bed sores, because she could not control her body’s movements. Arlene’s condition left her completely vulnerable and at the mercy of Covina’s employees and what Arlene’s family asserted was ‘inadequate staffing’ and failure to follow Arlene’s plan of care.

According to the California Advocates for Nursing Home Reform[page 5], the court found that the employees of Covina did not follow Arlene’s plan of care, which called for daily checks of her skin for possible abrasions and bed sores. Arlene’s plan clearly called for a doctor to be notified if bed sores were present. But, it was only after Arlene was hospitalized for a severe bout of diarrhea that a doctor discovered her open wounds! Unfortunately, it was too late for Arlene as vast amounts of bacteria had already done their damage causing Arlene’s death.

Continue reading "OWNERS OF NURSING HOME GET AWAY WITH MURDER" »

After years of talks and marathon negotiations, the Roman Catholic Diocese of San Diego has agreed to pay 144 victims abused by their priests $198.1 million. According to a news report in the Los Angeles Times, the settlement is more than twice what the diocese first offered before filing for bankruptcy protection in February. In fact, the Times article even states that the settlement even tops the average of $1.3 million in the recent landmark Los Angeles Archdiocese settlement with its victims.

The San Diego diocese’s lawyers had said at first that unlike Los Angeles, this diocese had no proper insurance coverage or assets to dole out the settlement without seriously hampering services provided by the church. But all that changed late August when a bankruptcy judge criticized a meager $95-million offer by the diocese and referred to the diocese’s financial record keeping as “Byzantine,” the Times article states.

The historic Los Angeles settlement was followed by emotional outbursts from victims and this one was no different. According to the article, many victims got permission to hug U.S. District Court Judge Leo Pappas, who oversaw the settlement negotiations, and even shake his hand and thank him. Many were crying and the judge himself became emotional, the article reports. The church issued a statement of apology. Church officials say the settlement takes them “beyond available resources” and will have a tremendous impact on the diocese’s services for years to come.

So who pays how much? According to the article, the diocese pays about $77 million, its insurance carrier shells out $75 million, religious orders will pay $30 million and the Diocese of San Bernardino, with help from its insurance carrier, will pay about $15 million.

Continue reading "San Diego Diocese Settles With Sex Abuse Victims for $198 Million" »

A big rig crash claimed the life of a 5-year-old and injured her mother about 12:45 p.m. Saturday afternoon on Interstate 5 (Santa Ana Freeway) in Cerritos, according to the California Highway Patrol as reported by CBS2 on their website.

Byron A. Vasquez, 26-years-old, was driving a big rig on the Santa Ana (5) Freeway when he swerved the truck from right to left and crashed into the right side of a 2007 Ford Focus that was occupied by Natalie Marrot, 42-years-old, and her daughter, both from Utah. The collision pushed the Ford Focus into the center guardrail, according to the CHP. Vasquez was not arrested.

Natalie Marrott suffered major injuries and was taken to a local hospital. Her daughter, who's name has yet to be released, died at the scene, according to a CHP officer. According to the Coroner's office, the child died, even though properly restrained due to the severity of the impact between the big rig and the Ford Focus.

Continue reading "Girl Killed, Mother Injured in Orange County Big Rig Accident" »

In what may be considered one of the most significant safety regulations in recent decades, federal regulators have said that all auto makers must equip their vehicles with side curtain air bags by the year 2013. According to the Detroit News, these airbags mandated by the National Highway Transportation Safety Administration that provide head and torso protection in dangerous side-impact crashes could save 311 lives and prevent 361 serious injuries in just one year.

The NHTSA estimates that the new rules will add about $33 to the cost of a vehicle. According to the Detroit News article, side impact crashes account for 9 percent of crashes, but more than 20 percent of auto fatalities. As part of the new regulations, auto makers must also conduct a new crash test that simulates a car hitting a pole at 20 mph at a 75-degree angle and demonstrate protection for front and rear passengers. And for the first time, NHTSA will mandate head protection for rear seat passengers in any crash. Moreover, a study last year by the Insurance Institute for Highway Safety found head-protecting air bags reduced driver deaths by 52 percent in sport utility vehicles and 37 percent in passenger cars.

According to safety experts, this air bag regulation will essentially require a side window curtain air bag for head protection and a separate air bag to protect the thorax, which will help keep occupants in vehicles during rollovers and side-impact crashes. Complying with the regulation will add $243 to the cost of a vehicle, but NHTSA says the net cost increase is $33 per vehicle, or $560 million annually, based on improvements automakers were planning to do anyway.

Continue reading "Federal Agency Mandates Side Air Bags On All Vehicles by 2013" »

What do parents need to watch out for when they buy Christmas presents this year?

Just when we thought we’ve seen the end of the Mattel toy recall, the world’s largest toy maker on Wednesday announced yet another massive recall involving 800,000 Barbie accessories, Fischer Price train locomotives and bongo drums. Again, the reason for this recall, the third large one for Mattel just this summer, is the presence of unacceptably high quantities of lead in the paint used to brighten these toys.

Early in August, the company recalled 1.5 million toys featuring Elmo and other popular characters. Later the same month, “Sarge” toy cars from the hit Disney movie “Cars” as well as 9 million other toys containing tiny magnets were recalled. The total number of toys recalled by Mattel is now a whopping 19 million. The latest recall is being announced jointly by the toy company as well as the Consumer Product Safety Commission.

Consumer watchdog Web site Consumeraffairs.com published an article earlier this week about a study conducted by a national nonprofit called Kids in Danger which showed that injuries among children more than doubled in the last five years compared to the preceding 10 years.

Continue reading "More Lead-Tainted Toys Recalled By Mattel" »

A school district in Santa Barbara County has settled for $1.5 million with the family of a woman who died in a fiery crash last year when she was hit by a minivan driven by a school principal during a school trip. According to a news article in the Santa Maria Times, the lawsuit filed against the Cuyama Joint Union School District by the family of Marie Crook alleged wrongful death, personal injury and property damage from the Sept. 28 crash, which also took the life of Cuyama Valley High School Principal Donald Wilson.

According to the article, the crash occurred when the 49-year-old Wilson was heading back from a school trip with the students following in a separate vehicle. For some unknown reason, Wilson’s minivan drifted across the centerline and collided head-on with the 75-year-old Crook’s vehicle, which caused Crook’s fatal injuries. The woman’s husband, James Crook, who was driving at the time, also suffered major injuries in the crash, the article said. James Crook and the couple’s 11 children received a $1.4 million settlement from the school district and a $100,000 settlement from Wilson’s life insurance policy totaling to $1.5 million.

The plaintiff’s attorney said he was happy with the settlement because of James Crook’s age and the possibility of a lengthy trial as well as possible defense testimony that Wilson may have swerved into oncoming traffic because he suffered a heart attack as he was driving.

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BY: A Staff Writer

Tenacity and persistence are two qualities that can make or break a personal injury attorney or firm. Because, without these qualities it is impossible to win cases or more importantly, to get justice for those people who have been seriously injured or killed because of someone else’s negligence.

Take for example the San Francisco product liability case against Ford Motor Co. The case was brought by parents of Walter White, a 3-year-old boy who died 13 years ago because the parking brake on his father’s Ford truck failed, rolling down the hill and running him over. According to an article by the Associated Press, the case is still not over although a jury in a second retrial had already awarded $52 million to the deceased child’s parents. A judge threw out that award last week agreeing with Ford’s lawyers that mistakes were made during the last trial in jury instructions.

The Whites sued both Orscheln Company, the maker of the brakes and Ford for not warning consumers in spite of knowing that the brakes would allow the truck to roll. Ford issued a recall in connection with the defective brakes two months after little Walter died.
In the first trial in 1998, Ford was found negligent and the jury awarded the parents $2.3 million in compensatory damages and $150.8 million in punitive damages, meant to punish Ford. But that didn’t hold on appeal and the district court reduced punitive damages to $69.2 million finding it “excessive.” The case was sent to a new trial because both parties appealed that decision.

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BY: A Staff Writer

A new study has found that the number of children who have been injured by dangerous toys has more than doubled in the last five years compared to the preceding decade, according to an article in the watchdog Web site, www.consumeraffairs.com. The study, which was conducted by a nonprofit group called Kids in Danger, reports that more children are being hurt by products recalled for fire- and burn-related dangers.

The study looked into 40 products recalled by the U.S. Consumer Product Safety Commission in the last five years. The study found that 40 products were recalled in the last one year whereas only 42 products were recalled in the 10 years before that! Does that mean toy makers are putting profit over our children’s safety by handing over manufacturing operations to some sweat shop in the Third World where quality control doesn’t exist? That does seem to be the big question this study poses.

Despite modern technological advancements, which one would think might help enhance safety, the report found that toys were recalled for defects such as electrical and battery failure, flammability and exposed heat surface/substance. In the last one year alone more than 5 million defective toys were recalled. According to the report, the product that caused the most injuries was Hasbro Inc.’s Easy-Bake Oven, which caused 82 burn injuries, one so severe as to require the amputation of a 5-year-old’s finger.

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BY: A Staff Writer

An Illinois federal jury earlier this month awarded a South Carolina woman $15 million after finding that the tire of the motorcycle she was riding on was defective and led to an accident that left her with severe brain damage. According to an article in the Peoria Journal Star, members of the jury deliberated for 15 hours over two days before they made their decision to hold Goodyear Dunlop Tires North America Ltd. liable for the May 26, 2002 accident.

The victim, Trish McCloud, was riding on the back of a motorcycle and was on her way home from a bike rally when the motorcycle’s tire deflated. The motorcycle’s driver lost control of the vehicle and crashed. McCloud ended up striking her head on the sidewalk after the motorcycle flipped. Although she was wearing a helmet, the impact of the crash was so great that it caused severe brain damage, the article said. She was also left partially paralyzed after the accident and requires around-the-clock care, her attorneys told the newspapers.

The victim probably won’t see any part of the money for a while, because Goodyear is very likely to appeal the jury award. It is hard to imagine how tragic this accident must have been for the woman, who has been rendered invalid and in a permanent state of dependency. The bills are probably mounting and her family needs this money to secure her future and pay for treating her severe brain injury.

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