California Injury Blog

A five-vehicle injury crash snarled traffic on the 5 Freeway in Santa Ana during rush hour traffic Friday morning, according to a news article in the Los Angeles Times. Officers who arrived at the scene found a pickup truck wedged under a big rig’s trailer, the newspaper reported.

Firefighters had to extricate the car’s occupants from inside the pickup and then remove the vehicle, which was pinned under the big rig. The freeway was completely closed as firefighters and Caltrans crews embarked on the cleanup. Passengers were taken to the hospital. It took firefighters about an hour and a half to extricate them and there is no word yet on their condition or the extent of their injuries.

Both Los Angeles and Orange counties saw a multitude of accidents Friday morning, most of them caused by rain-slicked roads, officials said. The Times also reported a big rig accident on the eastbound Foothill Freeway in Pasadena and three crashes on the Pasadena Freeway.

Continue reading "Rainy Weather Causes Auto Accidents, Snarls Traffic in Southern California" »

Two San Clemente mothers, who became quadriplegics after being struck by a hit-and-run driver last year, have settled with the city of Dana Point for $50 million, said to be the largest personal injury case payout in Orange County history, according to an article in The Orange County Register.

Stacy Neria and Carol Daniel suffered major injuries after they were struck by William Todd Bradshaw, a homeless man who was already on probation for a DUI. He drove away after he hit the women who were running on Coast Highway in Capistrano Beach. Police tracked him down and arrested him nine days after this crash and he ended up being sentenced to four years in prison for felony hit-and-run.

Apparently, this April 8, 2006 crash was the first of three incidents at that particular spot on Coast Highway, the Register reports. In fact, two bicyclists were killed on that dangerous roadway because there was no dedicated bike path. But now, after two deaths and two major injuries, the city has built that bike path.

Continue reading "Paralyzed Hit-and-Run Victims Receive Record $50-Million Settlement" »

The family of a 49-year-old Iowa woman who was run over and killed by a police sport utility vehicle when she was sunbathing on Mandalay Beach in Oxnard, received a $2.75 million settlement from the city of Oxnard, according to a news article in the Star Tribune. Cindy Conolly was hit by the police SUV on June 12, 2006 when she was laying on the sand after attending her son’s beach wedding, the article said.

Police officers didn’t even realize that they had run over Conolly until they got a 911 call about her. Conolly’s family filed a $10 million lawsuit against the city of Oxnard alleging wrongful death and negligence. Family members alleged that the city lacked proper safety policies and procedures, which could have easily prevented this unnecessary tragedy, the newspaper reported.

The city reportedly accepted full responsibility for what happened to Conolly. The case was scheduled to go to trial this week. An attorney for the plaintiffs said the family is pleased that their ordeal is finally over although no amount of money will ever bring their mother back. The two officers who were involved in the incident gave sworn depositions about the incident. They both said it was an honest accident and that they thought about Conolly every day.

Continue reading "Family of Woman Run Over And Killed By Police SUV Gets $2.75 Million" »

The holidays seem to be a popular time for children to ride all-terrain vehicles. Unfortunately, this is also that time of the year when the number of deaths and injuries as a result of ATV crashes is at its highest. A majority of the crashes involve younger children or teenagers who crash their vehicles because they lose control of them. Safety experts urge parents to supervise their children, make sure they are buckled up and are wearing the necessary safety gear before they get on one of these vehicles.

Here is a round-up of recent ATV crashes from all parts of the country:

Girl injured: A 9-year-old girl suffered serious head injuries and a broken collar bone in Thibodaux, La. as she and her father rode the four-wheelers through a private cane field. The girl lost control of her vehicle when her accelerator became stuck, officials said. The girl was reportedly riding a child-size ATV.

Hunter dead: A hunter was found dead in Tunica, Miss. after he lost control of his four-wheel all-terrain vehicle on a rural road. The man was identified as 42-year-old Wayne Comardella. The ATV reportedly hit an embankment and flipped over. Comardella suffered fatal head and chest injuries, the article said.

Continue reading "ATV Accident Round-up" »

About 50 people who ate at two Valencia restaurants earlier this month became very sick, according to a CBS News Video. The news channel reports that diners who ate at the Buca Di Beppo Italian restaurant and a Marie Callender’s barely blocks away reported becoming sick soon after eating there.

Robert Swartz, who was interviewed by CBS, said both he and his wife suffered the consequences after eating at Buca Di Beppo. He told reporters that he and his wife experienced nausea, diarrhea, fevers and chills. His wife had to be hospitalized and administered IV fluids, he said.

Victims of this mysterious food-borne illness contacted the Los Angeles Health Department, whose investigators later tied in complaints from both restaurants and actually determined exactly what happened. As it turns out, the illness was spread by one employee who worked at both restaurants. He was reportedly the one who cut fruits and vegetables for the salad.

Continue reading "Diners At Two Valencia Restaurants Become Violently Ill" »

The National Highway Transportation Safety Administration (NHTSA) is proposing new rules to improve school bus safety by expanding the use of shoulder belts. Transportation Secretary Mary Peters made the announcement in Morrisville, N.C. last week.

Peters has also proposed increasing the height of seat backs on all school buses from 20 inches to 24 inches to better protect children from injuries during accidents, according to an Associated Press news report. The first batch of school buses to begin using these restraints will be the shorter school buses that are said to be more prone to rollover accidents. Longer buses may not need restraints right away. Instead the federal agency is leaving it up to the school districts to get funding to purchase new buses with seat belts.

According to the news report, a new school bus equipped with restraints costs $10,000 more than one without seatbelts. Most of the nation’s schools now have higher seat backs. School districts will have three years to begin having seatbelts in the smaller buses, which currently use only lap belts.

Continue reading "Feds Propose Increase in Seat Height and Seatbelts To Improve School Bus Safety" »

A motorcyclist died Sunday afternoon after he was struck head-on by a pickup truck that turned left in front of him, the Inland Valley Daily Bulletin reports Joseph Michael Mateski, 43, of Yucca Valley, was reportedly transported to a local hospital where he was pronounced dead later that afternoon, the newspaper reports. Mateski was reportedly riding a 1984 Yamaha Enduro and was going south on Yucca Mesa Road at Highway 62 when the motorcycle accident occurred. San Bernardino Sheriff’s Department is investigating the collision.

Recent deaths on our highways have highlighted the danger of big rigs out of control on California’s freeways.

According to an article in the Orange County Register, on Oct. 30, Jorge Romero entered a not guilty plea to three counts of misdemeanor vehicular manslaughter in the deaths of Chris and Lori Coble’s three young children-Kyle, 5, Emma, 4 and Katie, 2. I am certain that Chris and Lori Coble, of Ladera Ranch, do not consider what Romero did to their family a misdemeanor!

Romero, a big rig truck driver, whose speeding was determined to have caused the deaths of the Coble’s three young children when he slammed into the back of their minivan, apparently had been cited two other times for speeding while driving a heavy truck -- in both 2002 and 2006.

Continue reading "Reckless Big Rigs Can Ruin Lives Big Time" »

Oakland Police on Friday arrested a 28-year-old man who they say caused a fatal car crash on Thanksgiving Day and then fled. That auto accident left two girls dead and a mother and her daughter with critical injuries, according to an Associated Press news report.

Salas was reportedly hiding under the covers in a bedroom of a relative’s home when officers barged in and arrested him, police told the Associated Press. Salas allegedly ran a stop sign and slammed his Ford Expedition sport utility vehicle into a Ford Mustang driven by Laura Herrera. She and her 3-year-old daughter remain in critical condition, according to the report. Killed in the crash were Herrera’s 4-year-old daughter and 15-year-old niece.

Salas’ own nephew told officials that Salas was driving recklessly even before he caused the fatal crash. Reports say he was driving in excess of 80 miles an hour and running several stop signs before the accident and was also drinking, making proclamations that he “wasn’t afraid to die,” the article states. Salas reportedly told investigators that he was only doing 25 miles an hour and missed the stop sign.

Continue reading "Oakland Man Arrested On Suspicion of Causing DUI Fatal Hit-And-Run Auto Accident" »

In what was a horrible tragedy during a family’s Thanksgiving Day get-together, a 12-year-old Paso Robles girl died when she crashed while riding an all-terrain vehicle with her cousins and uncles, according to an article in the San Luis Obispo Tribune.

Ashlyn Vargas reportedly went to California Valley on Thanksgiving Day morning to drive ATVs with her family members just before their planned celebration. Ashlyn was reportedly driving an ATV described as a “quad with a roll cage” on flat ground, when she lost control. She was ejected from the vehicle and then the ATV rolled and landed on the girl, crushing her.

Ashlyn’s cousin, also 12, who was riding another ATV nearby, ran to a family member’s house in the neighborhood to get help, the article said. Ashlyn’s uncle tried to resuscitate her with CPR, but that did not help. Ashlyn was pronounced dead by paramedics on the scene.

Continue reading "12-year-old Paso Robles Girl Dies In Thanksgiving Day ATV Crash" »

Nissan Motor Co. is expanding its nationwide recall of Sentra and Altima sedans to repair a defective crankshaft sensor in 2002, 2005 and 2006 models, according to an article in Consumeraffairs.com. According to Nissan officials, the defective sensor’s location may expose it to temperature changes that could cause the engine to shut off in low-speed driving. The auto manufacturer reported to the National Highway Traffic Safety Administration that the recall covers close to 653,910 2.5-liter engine vehicles.

In his Nov. 17 “Talking Business” Column, New York Times columnist Joe Nocera meted out a scathing criticism of personal injury attorneys who represent about 27,000 victims of the defective drug, Vioxx, manufactured and aggressively marketed by pharmaceutical giant, Merck, a few years ago. I am one of those attorneys he criticized.

Nocera’s problem is not only with plaintiffs' attorneys but with the justice system. His column is titled “Forget Fair; It’s Litigation as Usual.” Nocera asks this question: “Is a mass tort really the right mechanism to settle disputes about product safety, or to punish corporate wrongdoing?”

His answer, if you can guess from that sarcastic headline, is a resounding “no.” Nocera argues that product liability lawsuits make personal injury lawyers rich and leaves the people who were really affected with very little. He calls it an “unfair” system and a “rogue form of regulation.”

Well, Mr. Nocera, when the Food and Drug Administration doesn’t do its job and greedy corporate giants in the pharmaceutical and auto industry flood the market with defective products, who else is there to “regulate”?

The plaintiff's attorneys of America make it their business to go after wrongdoers and hold them accountable. Mr. Nocera, how would you suggest holding Merck and other corporate giants liable when they have injured the public? Your article didn't have an answer, it only complained about the only effective process we currently have in this country -- a process that works.

Continue reading "Columnist Who Criticizes Personal Injury Attorneys and the Justice System Fails To See the Big Picture " »

Natasha Dannov, by all accounts a fun-loving, happy-go-lucky teenager from Fountain Valley, died early Sunday morning in an auto accident on the Interstate 5 when the 2000 Ford Explorer she was a passenger in, rolled over near Oceanside.

According to an article in The Orange County Register, Dannov’s best friend of 10 years, Marian Teri Kahale, also 18, who was driving the Explorer at the time, was arrested on suspicion of driving under the influence of alcohol and vehicular manslaughter.

The girls had reportedly gone to a party Saturday night at Mission Viejo where they had been drinking, according to Dannov’s mother, Isabelle, who was quoted in the Register article. Around 2 a.m. Sunday morning, the teens were on their way home when Kahale realized she was heading south near Oceanside on the I-5 instead of north. It was around that time that Kahale reportedly lost control of the sport utility vehicle.

The Explorer careened off the freeway, overturned and struck a guardrail ejecting Dannov, who was sleeping in the car without wearing her seatbelt. She was pronounced dead at the scene by Camp Pendleton fire officials, the newspaper reported. Kahale survived with moderate injuries, but was arrested and detained with bail set at $250,000. The state Alcohol Beverages Control Board and the CHP are also reportedly looking into who provided alcohol to the teens over a 24-hour period before the crash. Both were obviously underage.

This is yet another tragic incident that is heartbreaking not only for the Dannov family, but also the Kahale family given how close the two girls were. It seems as if a lot of young people think they are invincible when it comes to drunk driving. There is the general feeling and attitude of: “It won’t happen to me” or “I can handle it.” These are but illusions. An impaired driver is just that – someone who will not be able to handle the vehicle and puts not only his or her life in jeopardy, but also the passengers riding with them as well as other drivers on the road.

Continue reading "Orange County Girl Dies in DUI Crash When Ford Explorer Rolls Over" »

The Consumer Product Safety Commission has come out with a guide for holiday shoppers about buying toys this Christmas. This year alone so far, CPSC has recalled 61 toys involving more than 25 million units. However, these defective products can still be found in several stores and on eBay. So consumers should be vigilant and watch out for dangerous or recalled products, especially toys. For a brief guide to safe shopping during these holidays and for tips on how to keep your children safe, visit CPSC’s Web site.

One person was killed after a big rig went over an embankment and caught on fire on the I-5 North near Calgrove Boulevard in Santa Clarita on Saturday night, according to an article in the Los Angeles Times. The fatal truck accident shut off the right lane as officers investigated the crash and cleared debris, officials told the Times. The cause of the accident is still under investigation. Officials believe the truck driver died in the crash.

Graham Green, 41, of Yorba Linda died Sunday afternoon in a hit-and-run accident, which happened when a 2002 Cadillac Escalade collided with a Mercedes Benz and the motorcycle Green was riding. According to a news report in The Orange County Register, the impact threw Green off his Harley and he died of his injuries. Israel Lopez, 28, of Garden Grove, driver of the Cadillac fled the scene, but was stopped and arrested not far away in Santa Ana. He is being charged with felony counts of driving under the influence and hit-and-run.

Rollover traffic accidents are more common, more prevalent and more dangerous than any one of us can even imagine. About 10,000 people die every year in the United States as a result of these types of auto accidents. Here’s a compilation of rollover accidents that happened this month across the nation:

Jeep Rollover: A 28-year-old woman from the Flint area of Michigan died after her Jeep rolled over when she and others were out four-wheeling in a large semi-rural backyard, according to a blog in the Flint Journal. The man who was driving the Jeep was injured, but in stable condition.

Fatal Rollover: A rollover accident on the Interstate 290 in Chicago left one person dead, according to an article on CBS News’ Web site. It was a one-vehicle crash and no one else was injured. Three freeway lanes were shut down, the report said.

Continue reading "Rollover Accidents Round-Up" »

A 26-year-old Pasadena woman was killed and six others critically injured in an early Sunday morning four-vehicle traffic collision in the Fairfax District, according to a news article in the Los Angeles Daily News. According to the report, the fatal auto accident occurred in the 8000 block of Melrose Avenue. Investigators are still looking into the crash and are not sure which one of the drivers caused the accident.

Five lawsuits filed against the Encino-Tarzana Regional Medical Center accuse the hospital of knowing that one of the male nursing assistant molested and even sexually assaulted patients at the facility and doing absolutely nothing about it. According to a news report in the Los Angeles Daily News, the complaints filed against the hospital allege that hospital officials knew about the nurse’s despicable conduct toward several female patients before he was suspended in April 2006.

The lawsuits also allege that the hospital did not do enough background checks on Ramon Eduardo Rodas Gaspar, who is now on the run and wanted by police on suspicion of molesting more than 10 women who were sedated after surgery, the newspaper reported. Plaintiffs’ attorneys say the most appalling aspect of the lawsuit is that the hospital did nothing to protect patients even after officials knew what Gaspar was up to.

An attorney for the hospital of course denies that allegation. According to hospital officials, there was only one complaint against Gaspar before 2006 and that was largely unsubstantiated in an internal investigation. But among the complainants is also a female nurse who said Gaspar groped and sexually harassed her soon after he was hired in 2004. She reported it to the hospital, but nothing came out of it.

Continue reading "Lawsuits Claim Hospital Knew About Sex Attacks By Male Nursing Assistant" »

A driver suffered major injuries Friday in a crash on the Hollywood (170) Freeway, according to an article in the Los Angeles Daily News. It was reportedly a single vehicle crash that occurred on the Burbank Boulevard onramp to the northbound side of the freeway. Officials are still looking into what caused the auto accident. The incident shut down the onramp for more than two hours early Friday morning, the article stated.

Note: This article has been rewritten to correct a reporting error. We apologize for the error and would like to thank readers, Jenn and Adli, who brought it to our attention. Our condolences to the family and friends of Ashley Knight.

A 21-year-old Yorba Linda woman died in a head-on crash in Orange County, which officials say was possibly caused by two people driving under the influence. According to a news article in The Orange County Register Ashley Knight was a passenger in one of the cars, a 2002 Honda Civic being driven by 23-year-old Samira Bahu.

Investigators, who sifted through evidence at the crash site for nine hours, say Brian Burchfield, 22, of Irvine, was driving his Toyota Tacoma and going the wrong way on the 22 Freeway. Bahu was trying to merge on to the 22 from the 55 Freeway when Burchfield crashed head-on into the Civic, the Register article stated.

Both Bahu and Burchfield reportedly suffered critical injuries. And both were also placed under arrest on suspicion of driving under the influence. Knight, who was riding with Bahu, reportedly died at the scene.

Continue reading "Orange County DUI Fatal Crash: An Unnecessary Tragedy" »

If it doesn’t sound right to you – don’t do it. According to this blogger, ultimately policy holders end up forking out lots of money for “overly priced or improper payments” associated with an insurance claim. There are many examples of how this can happen. An attorney could pay finders fees to a tow truck driver for referring personal injury auto accident victims to them. Or an attorney may be in the payroll of a health care provider to refer victims to them. Both are outright illegal. The same applies to tow truck operators who refer auto accident victims to body shops. The best way to avoid getting scammed is to be well informed and educated. If you need a personal injury lawyer, do your research, ask trusted friends and hire a reputed personal injury law firm and attorney with an impeccable track record.

This is one of those stories that you cannot even imagine happening to you or someone you know. Two LAPD officers are being honored for saving the life of a man who was being mauled by a pit-bull, according to a news article in the Los Angeles Daily News.

The horrific details of this attack are described in the Daily News article. Detective Mark Hahn and Andy Moody heard the 53-year-old man’s cries for help when they were driving near 97th and Hoover streets. The man was reportedly hiding under a parked car to escape the wrath of a pit-bull.

As the detectives ran to help him, the dog got under the car and bit the man’s leg, then actually dragged him from under the car and mauled him. By this time, people were gathering around to help the poor guy and stop the dog from killing him. Someone threw water on the dog. One of the detectives grabbed a shovel and hit the pit-bull on its head but even that didn’t stop the dog. It continued to maul the man, tearing down the flesh on his face and head!

Continue reading "LAPD Officers Shoot Pit-bull To Save Man’s Life" »

A 31-year-old Berkley man died after being hit by an Amtrak train while taking a shortcut across two tracks and talking on his cell phone at the same time, according to an Associated Press news report. According to witnesses, the train accident occurred when Scott Slaughter waited for one train to pass by on the first set of tracks and then crossed on to the second set of tracks where he was hit by a train. What’s worse, officials say Slaughter did not hear the second train – the one that hit him – because he was talking on his cell phone.

The family of a 21-year-old Carson man is trying to find the person who ran over their loved one on the street and then sped away as if he were nothing more than roadkill, according to an article in the Daily Breeze. The accident occurred Monday in Huntington Park where Jaime Perez was riding motorcycles with his friends, the article reported.

Perez reportedly fell off his motorcycle after he collided with another vehicle. At the time, another car ran him over and the driver sped off without stopping. Perez’s family members who are already grieving the untimely death of Perez are further angered and upset by the manner in which the hit-and-run driver acted.

Perez’s older brother, Doug Sanchez, is quoted in the Breeze article: “He is not roadkill. He is a human being."

Continue reading "Hit-and-Run Auto Accident Causes Anguish to Southern California Family" »

Fisher-Price’s “Go Diego Go” animal rescue boat! According to an article in Consumer Affairs.com, the famous character toy from the Dora series topped the list of 10 Worst Toys of 2007 compiled by a Boston consumer group. This toy was recalled because of potential lead ingestion injuries. Other toys in the list have been highlighted for a variety of problems, from defective parts that could cause injuries to lead paint and loose parts that could hurt children if swallowed or ingested. For a complete list of these defective toys, click here. And if you have any one of these toys in your home, please take them away from your child.

So many infants and toddlers are injured or die every year because of car seats that are not installed properly. Knowledge about car seats and how to install them is freely and widely available on the Internet. But how many parents really know what they’re doing when it comes to their children’s car seats?

Recently volunteers at SafetyBeltSafe USA, a national safety organization, held a free safety seat check up in Whittier. They were not surprised to see what many parents did not know, according to an article in the Whittier Daily News.

At this event, organizers saw parents who found out if their booster seats had been recalled or expired. Many, like Angela Pulido whose child’s car seat kept tilting to one side every time she turned her van, were able to get help with how to install the car seat properly. Volunteers also saw that some people had been given incorrect information about how to install the car seat, the article said. Here’s an amazing number from the group’s director Stephanie Tombrello: About 90 percent of parents who come through SafetyBeltSafe’s checkups make at least one error when installing their car seats – some of them potentially fatal.

Continue reading "Car Seats: When Installed Properly Can Save Lives And Prevent Injuries" »

Officials are positive, based on eyewitness and other reports, that a man in a Jaguar who smashed into a minivan on Newport Boulevard on Sunday was driving under the influence. According to a news report in the Daily Pilot, Joseph Dorando, 43, suffered critical injuries in the crash when the hood of his 1997 Jaguar convertible ripped through the front windshield of the minivan. Three other people, including a 4-year-old, were injured when the van rolled over.

The Diocese of Scranton in Pennsylvania has agreed to pay $3 million to a man who brought a federal civil suit against the diocese saying that they didn’t do anything about a priest who abused him as a teen. The man, identified only as John Doe in court filings, said in his lawsuit that former priest Albert M. Liberatore, who is now 42, abused him from 1999 to 2002 when he was pastor at Sacred Heart of Jesus Church in Duryea, according to a news report in The Times-Tribune.

The complaint also alleged that the diocese, bishop and other higher-ups did nothing to prevent further abuse from happening and didn’t even heed warnings that this was going on in one of their parishes. Liberatore was defrocked only in 2005 when he pleaded guilty to sexually abusing this victim. He was sentenced to 10 years probation, the article said.

While the priest got to remain free, the victim was reportedly living a nightmare. The abuse led to substance abuse and addiction making it impossible for him to get anywhere with his education. The plaintiff’s attorney told the newspaper that this case was all about the Catholic Church taking “legal and moral” responsibility for not doing enough to protect its children and parishioners – the people who look up to them for moral and spiritual guidance.

Continue reading "Catholic Church Abuse Victim To Get $ 3 Million From Diocese" »

A Louisiana jury awarded $1 million to the family of an 84-year-old man who died in a nursing home in what has to be one of the worst cases of neglect, according to an article in The Daily Comet newspaper. The family of Leon Nelms had filed a nursing home neglect and medical malpractice lawsuit against Olive Branch Senior Care. The complaint stated that Nelms died of complications from infected sores, weight loss, malnutrition and dehydration. In fact, one of his sores was so advanced that it went all the way to his bone and was infected with his own feces! Nursing home administrators, of course, declined comment.

A Texas jury has awarded $10.9 million to the family of a woman who was killed after her truck was hit by a train at a railway crossing in Louisiana. According to an Associated Press news report, the family plans to the use the money to care for Patsy Adroin’s 4-year-old daughter, Jasmine Cezar, who survived the horrific accident, but is paralyzed from the chest down as a result of the July 2005 crash.

The crash reportedly occurred when Adroin stopped at a stop sign in front of the said crossing at Vinta, La., which did not have any automatic gates or lights, the article said. When Adroin then drove on over the tracks, she got hit by a passing Union Pacific train. Jurors, who deliberated after a trial that lasted more than two weeks, assigned 65 percent of the blame on Union Pacific, 15 percent on Adroin and 20 percent on the state of Louisiana.

Union Pacific officials say they will appeal the case and are disappointed by the verdict. The company has also sued the town of Vinton and Adroin’s estate, which is still pending.

Continue reading "Train Crash Victim’s Family Awarded $10.9 Million By Jury" »

A Florida Appeals Court has overturned a record $60 million jury verdict awarded to the parents of a 17-year-old boy who died after the 1996 Ford Explorer he was a passenger in rolled over, according to a Bloomberg News report. Lance Hall’s parents claimed in their product liability lawsuit against Ford Motor Co. that the Explorer sport utility vehicle’s design defects made it unstable.

A Miami jury in November 2005 awarded the Halls $61 million, making it the largest award against an auto maker that year. The trial court reduced that award by $1 million, the news report said. But last week, the appellate court completely negated the jury award and ordered a new trial because the panel said the trial court erred in allowing the Halls’ attorneys to present evidence of deaths and injuries in other Explorer rollovers without having them show similarities between the different accidents, the Bloomberg report said.

The Hall family reportedly plans to appeal this decision to the Florida Supreme Court. The plaintiff’s attorney said that they are prepared to go back to the trial court and fight Ford all over again if the Supreme Court rejects their appeal or does not consider it. Ford maintains that Hall died not because of defects in the Explorer, but because the driver of the vehicle fell asleep at the wheel and lost control of the vehicle.

Continue reading "Florida Appeals Court Reverses $60 Million Jury Award Against Ford in Explorer Rollover Crash" »

What are commonly referred to as silly teenage pranks can sometimes have serious consequences. Iowa resident Randy Severson experienced that first-hand.
Severson was severely injured five years ago when he accidentally drove his pickup truck into a ditch being dug by the county highway department. County workers had put up barricades to warn motorists, but three teenagers removed them just for fun.

Well, this week a jury awarded him $12.8 million in damages according to a news article in The Globe Gazette. The two miscreants were found guilty of causing the auto accident and sent to prison for five years on a felony conviction. By all accounts, Severson had the most horrific experience of his life.

His truck was wedged in a pile of dirt and suspended 10 feet above the bottom of the ditch, the article states. Severson suffered a spinal fracture at the base of his skull, a broken hip and developed pneumonia. He had to spend 100 days in the intensive care unit and had to undergo four major surgeries to fix his injuries.

Continue reading "Man Severely Injured by Nasty Prank Gets $12.8-Million Jury Award" »

A San Diego area mortuary has been put on probation and a former director’s license has been revoked because he allowed an employee to embalm bodies without a California license. According to an article in the San Diego Union-Tribune, the Poway-Bernardo Mortuary, recently featured on A & E Channel’s program called “Family Plots,” has been accused of engaging in unlicensed embalming, fraud, negligence, incompetence and unprofessional conduct.

An investigator at the California Cemetery and Funeral Bureau reportedly got a tip from a staff member at the mortuary that director, Richard Sadler, was allowing an unlicensed employee to embalm remains. Sadler no longer works there, the newspaper reported. The mortuary may still operate, but under the careful observation of state officials. It could take up to three years to restore its good standing with officials, the article said.

An investigator reportedly caught the mortuary “in the act” of violation on July 27, 2006 when he paid an unannounced visit and found an employee wearing an apron with blood on it. The employee at first told the investigator he hadn’t done any embalming, but later recanted his story and admitted to doing it. Sadler reportedly paid this man $100 per embalming under the table and told employees to “keep it quiet.”

Continue reading "Investigators Catch Unlicensed Embalmer At Well-Known San Diego Mortuary" »

The big news this morning is that pharmaceutical giant Merck is handing out Vioxx claimants what could well be the biggest payout in the history of civil cases. Company officials today approved a $4.85 billion settlement to make payments out to almost 50,000 claims filed against the company involving the drug Vioxx, which many claim had disastrous side effects such as strokes and heart attacks.

The deal will take effect only if 85 percent of all plaintiffs agree to drop their cases, according to an Associated Press news report this morning. Eventually, Merck pulled the defective drug off the shelves, but many say that was too little too late. The damage had already been done. The giant settlement means that Merck will just pay out the money without admitting any fault or that it manufactured, marketed or sold a defective drug.

The deal has reportedly been in the works for several days now, according to the AP report. Those who have been following the trial will no doubt be surprised by this sudden announcement. So far, Merck has successfully defended many of these Vioxx cases. But company officials made the decision because their legal bills would run into billions over the many years this process takes to complete itself.

Continue reading "Merck Approves $4.85 Billion Settlement for Vioxx Victims" »

Remember the Coble family in Mission Viejo? They were the couple, who last May, lost their three children – ages 5, 4 and 2 – in a tragic big rig crash. The truck was reportedly loaded with 40,000 pounds of electronic equipment and the driver was speeding down Interstate 5 when he rammed into the Cobles’ Chrysler minivan, crushing and killing the three children. Well, Chris and Lori Coble announced this week that they are to become parents of triplets – two girls and a boy, expected to be born in May. The couple had opted for in-vitro fertilization. They have also, understandably, become advocates for truck safety and have become spokespersons for the Truck Safety Coalition a Virginia-based nonprofit organization. We wish the Cobles the very best!

A Florida jury has awarded $3.6 million to the family of a 13-year-old who was killed in an ATV accident four years ago. Jurors found that the family that owned the all-terrain vehicle was negligent in the September 2003 crash that happened in a gated Delray beach community, according to an article in the South Florida Sun-Sentinel.

Parents of the teenager – Duane and Cathy Hennarichs – sued Roger and Karen Fina, owners of the ATV. The Hennarichs’ daughter, Sara, died riding an ATV that was meant for those 16 and older, the article stated. Jurors ruled that the Finas along with their 17-year-old son were negligent and hence liable for Sara’s death. Jurors assigned most of the liability to the Finas, 15 percent to a third party and 5 percent to Sara herself.

Sara’s parents reportedly heaved a sigh of relief because they said it was a confirmation of what they believed all along – that it was not their daughter’s fault that she died. The decision and the award will not bring their daughter back or fill the void in their lives, but will help them move on to some extent, an attorney for the Hennarichs told the Sun-Sentinel.

Continue reading "Jury Awards $3.6 Million to Parents of Florida Girl Who Died in ATV Crash" »

A company called Spin Master is recalling 4.2 million units of a craft toy called Aqua Dots, of course, made in China. According to the U.S. Consumer Product Safety Commission, children become unconscious after swallowing the craft beads. Apparently, the beads have toxins in them, which are very similar to the contents of so-called date rape drugs! Children could become comatose, develop breathing problems or even have seizures if they swallow these beads. Two children were reportedly hospitalized in separate incidents. Do not keep these defective products in your home any longer. Consumers may contact Spin Master at 800-622-8339 to get a replacement toy or visit their Web site for more information.

An El Monte dad has filed a $100-million lawsuit against two men whose street-racing caused the deaths of his wife and two young children. The Whittier Daily News reports that Stephen Groce has also named Nissan North America in the product liability lawsuit stating that the 2002 Nissan Altima Dora Groce was driving at the time of the fiery crash on Oct. 16 had a defective fuel tank that exploded and caused the deaths.

The lawsuit announcement came on Tuesday, only two hours after the two men suspected of causing the crash – Martin Marones, 21 and Robert Canizalez, 19 – were charged with three counts of murder and face 15 years to life in prison for each one of those counts. Canizalez was arrested at the scene, but Marones fled, crossed the border and went into hiding at an aunt’s place in Mexico. He was arrested and brought back to the United States earlier this week, according to news reports.

Dora Groce was reportedly driving her children, ages 8 and 4, to a doctor’s appointment when the two men, who were involved in a street race on a residential street, broadsided her Altima. Groce’s car was pushed into a stopped pickup truck and burst into flames with the family inside. According to the article, autopsy reports show the mom died on impact, but that the children died because of the fire.

Continue reading "Dad Who Lost Wife and 2 Kids In Street Racing Crash Files $100-million Lawsuit" »

Los Angeles Times reporter Joel Rubin writes a captivating first-person account of his recent, most unpleasant tryst with salmonella poisoning. Rubin takes the opportunity to talk about food-borne illnesses and how they rear their ugly heads at the least likely of places. Rubin thought he became sick from eating at a little sushi place, but later found that the source of his nightmare was BLD, a top-notch eatery on Beverly Boulevard. The bacteria came from the half-cooked eggs used in the hollandaise sauce that topped the reporter’s Eggs Benedict and it made 40 people sick in one day – according to Rubin, the largest outbreak of food-borne illness in Los Angeles this year!

A jury on Friday awarded $12.5 million to a Thousand Oaks family of a local bicyclist who was hit and killed by a woman whose eyesight was impaired by cataracts, according to an Associated Press news report. The family of the deceased man Glenn Garvin, 49, filed a wrongful death lawsuit against the 82-year-old driver, the report said.

Norma Seigel was reportedly driving a new Lexus Sept. 16, 2006, when she struck Garvin from behind. Garvin was riding in the bicycle lane. According to the lawsuit Seigel had not only recently found out that she had cataracts in both eyes, but had also been involved in a rear-end crash six months before this fatal crash.

Garvin’s widow, Pamela, told reporters that her late husband was a city traffic safety commissioner who educated people about bicycle safety. Seigel reportedly acknowledged even before the trial that she was responsible for Garvin’s death.

Continue reading "Biker Killed By Elderly Driver - Family Awarded $12.5 Million" »

This is the kind of accident that you may only see on screen. In Huntington Beach, one person was left dead after a horrific head-on collision that ripped a compact car in half. According to The Orange County Register, the fatal auto accident occurred at the intersection of Edinger Avenue and Newland Street Monday afternoon.

The Honda Accord and Toyota 4Runner rammed into each other after one of the vehicles lost control, hurtling toward oncoming traffic. One man riding in the Accord managed to escape with minor injuries even after that car was torn apart. The driver of the 4Runner is also listed in fair condition.

This news is fresh today from the Consumer Product Safety Commission’s Press Room. Mattel is recalling 155,000 Laugh & Learn Leaning Kitchen Toys sold under the Fisher-Price brand after receiving 48 reports of injuries, mostly small parts separating from the toys. This is basically a play kitchen with a pretend refrigerator, range and sink. Two children reportedly gagged on pieces of the faucet and clock hands that detach and pose a choking hazard to younger children. Consumers are asked to stop using these defective products right away. But they won’t get a refund. Fisher-Price is offering a free repair kit to fix the problem. Want more information? Visit their Web site.

The term “predatory lending” is used to describe a variety of fraudulent lending practices. In other words, these unethical lenders try to shove a mortgage down your throat that you cannot afford and usually succeed at doing it. They give you misinformation, lure you with false promises and use all sorts of sales tactics not considering for a minute whether the borrower has the income, assets or the ability to make the scheduled payments.

So what can victims of such fraudulent lending schemes do to right this wrong? Can they be rescued from a mortgage that threatens to put them on the path to foreclosure and financial ruin? The answer is – yes, it is possible. The legal remedies available to victims of predatory lending depend quite a bit on what kind of documented evidence the defrauded homebuyer has in his or her hands. These loans also include high fees piled on top of the mortgage, which makes it worse.

The best legal remedy for such a borrower is to seek what is known as “rescission” of the bad loan. What does this mean? Basically, that the bad loan will be erased and replaced with a loan that the buyer can afford. Not only that, but the principal owed will be drastically reduced because the fraudulent lender will be asked to pay a portion of the interest and the unjustified fees plus attorney’s fees.

The key to obtain this legal remedy is to prove that the lender did not comply with the federal Truth in Lending Act law, better known as TILA. To read more about this issue, click here.

“The staff at Bisnar Chase is a wonderful example of how customer service should be done. For 16 years of my life, I trained people in customer service. I know good customer service and at Bisnar Chase, they do what I teach.”

-- Denise Gowell, client

Ron and Denise Gowell were going to retire and travel the world. Like everyone, they had plans for the golden years of their lives. But, all that changed on Oct. 4, 2006 when Ron, who was riding his motorcycle, got hit by a female driver, who suddenly made an illegal U-turn. Ron had no time to think or react. His leg rammed into the woman’s vehicle and his tibia was completely crushed.

The motorcycle accident not only changed the couple’s world and their lives, but it brought in a sense of uncertainty to their collective future. Would Ron ever walk again? Would his leg have to be amputated? How much money will they get to pay for the astronomical medical bills? They didn’t have too many answers at that point. That’s when Denise started looking for a personal injury attorney who specialized in motorcycle accidents. She found Bisnar Chase and the firm was everything she expected and more, Denise says.

“Bisnar Chase got every penny for us that they possibly could,” she said.

It wasn’t an easy task because the woman who caused the accident had very basic insurance coverage and virtually no assets. The money that Bisnar Chase got for the Gowells helped them pay a lot of the medical expenses and much-needed money for physiotherapy equipment for Ron’s recovery. To read more about this client’s story, click here.

A whopping 108 vehicles, including 18 big rigs, were involved in a massive pileup on the California 99 Highway in Fresno Saturday that killed at least two people and snarled traffic on one of the state’s major north-south routes, according to an article in the Los Angeles Times.

While authorities investigating the crash believe that thick fog and excessive and unsafe speeds by several vehicles were major factors in the crash, police also arrested a 62-year old man on suspicion of drunk driving. This man’s car was reportedly near the front of the pile-up and authorities believe he may have contributed to one of the most horrific chain-reaction crashes in recent times. In fact, officials say it is one of the worst accidents on Highway 99 in the last decade.

Travis Rogers, 26 and an unidentified 5-year-old boy were killed in a separate vehicle, the article said. More than 35 people were transported by paramedics to various local hospitals. It was reportedly chaos on the highway. Many were trapped in their vehicles and had to be extricated. One car slid under a big rig. Hazmat crews were mopping up diesel fuel leaked from all the trucks involved in the crash.

Continue reading "Massive Pileup on Fresno Highway Leaves Two Dead and Many Injured" »

Sara, 21 and Kelly, 26 must have been having the time of their lives riding around in Beau James Robertson’s 2002 Chevrolet Camaro! In fact, as it turns out, Sara, Beau’s girlfriend, was in town to celebrate Beau’s 29th birthday. But, the celebration came to an abrupt end when Beau drove his Camaro off an overpass and onto U.S. Highway 101 where it was struck by an oncoming vehicle killing both Sara and Kelly, according to a news article posted on NBC’s Web site.

According to witnesses, Beau was speeding and attempted to make a right turn onto San Ysidro Road in Montecito, an area adjacent to Santa Barbara, the article states. Beau lost control of the car and crossed into the opposite lane, jumping the curb and blasting through the overpass’s metal guardrail.

The car dropped roughly 40 feet and landed on the passenger side atop the southbound side of Highway 101, with its roof facing oncoming traffic. According to NBC’s report, almost immediately, a family of five in a 1996 Silver Honda Sedan crashed into the Camaro at normal freeway speeds, sending it somersaulting. Sara and Kelly, neither of whom wore seat belts, were ejected from the car and pronounced dead at the scene.

Continue reading "Passengers Of DUI Driver Pay Ultimate Price in Santa Barbara Auto Accident" »

Life Care Centers of America, a nursing home chain based in Tennessee that operates 13 nursing homes here in California, was recently indicted by a Middlesex, Mass. grand jury on charges of manslaughter, abuse and neglect of a long-term facility resident. According to the Boston Globe, this is the first time in Massachusetts that a national corporation has faced criminal manslaughter charges, said Massachusetts Attorney General Martha Coakley.

The charges stemmed from the death of Julia McCauley, a patient at the home who was prone to wandering the facility in her wheelchair. So her worried doctors had McCauley fitted with a tan plastic bracelet, called WanderGuard, that would set off an alarm and lock the doors if she wandered too close to the exits. So, how is it that McCauley was found in her overturned wheelchair dead at the bottom of the nursing home’s front stairs with a 3-inch gash in her forehead?

And where was the Wanderguard bracelet mandated by her doctor? McCauley’s WanderGuard was nowhere to be found! Her doctor’s orders required that the WanderGuard be checked once a day to ensure that it was on the patient and fully operating, but strangely those orders were not ever entered into her chart and she had not been wearing the bracelet for 2 ½ months prior to the fall that led to her death.

Continue reading "Massachusetts Nursing Home Indicted On Manslaughter Charges" »

Please note: For Predatory Towing Go to Small Claims Court. Do NOT Contact a Lawyer or Fill Out Our Form.

In September, we filed a class-action lawsuit against a bunch of Southern California towing companies that we believe were engaging in illegal towing practices. Our client, Alejandro Stephens was the victim of predatory towing when his car was towed away while it was legally parked in the lot of Los Angeles restaurant without his or the restaurant owner's permission.

Now, we're hearing about another towing company, Cortex Towing in Riverside, which is reportedly indulging in illegal towing practices. Among the complaints we've received:

“They make customers pay cash only and refuse to take personal checks or credit cards as required by law.”
“They overcharge, which means they charge exorbitant and very high drop fees and release fees, fees that exceed what the local police tow charges.”
“They tend to tow vehicles to a dark street or to a location other than where the car was picked up and leave them unattended.”
“They then troll for more cars and "pile" them up in that location before taking them all to the tow yard, thus seriously delaying the time it takes an owner to retrieve their car.”
“They damage the vehicles they tow.”
“There are reports of thefts from the towed cars.”

Continue reading "Predatory Towing Continues to Victimize Automobile Owners" »