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" »

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Posted In: Truck Accidents

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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" »

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Posted In: Auto & Car Accidents

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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" »

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Posted In: Personal Injury

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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" »

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Posted In: ATV Accidents

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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" »

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Posted In: Foodborne Illness

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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" »

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Posted In: Information/Personal Interest

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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.

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Posted In: Motorcycle Accidents

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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" »

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Posted In: Truck Accidents

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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" »

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Posted In: Auto & Car Accidents

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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" »

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Posted In: ATV Accidents

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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.

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Posted In: Product Liability

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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 " »

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Posted In: Personal Injury

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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" »

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Posted In: SUV Rollovers

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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.

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Posted In: Product Liability

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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.

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Posted In: Truck Accidents

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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.

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Posted In: Auto & Car Accidents

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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" »

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Posted In: SUV Rollovers

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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.

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Posted In: Auto & Car Accidents

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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" »

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Posted In: Nursing Home Abuse/Neglect

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