California Injury Blog

A Florida jury has ordered auto maker Mitsubishi to pay $11 million in compensatory damages to a couple whose son was killed after being partially ejected from the Montero sport utility vehicle that rolled over, the Orlando Sentinel reports. The lawsuit brought against Mitsubishi by Donna and Peter Laliberte, alleged that the carmaker put its Montero SUV on the market in spite of knowing about problems with the seatbelt.

Their 25-year-old son, Scott, was thrown backward through the rear window in the SUV rollover crash, which occurred nearly four years ago. Scott was a passenger in the vehicle and was reportedly wearing his seatbelt. Jurors were convinced after attorneys argued that Mitsubishi took the unprecedented step of releasing a new version of the Montero halfway through the 2000 model year to fix those problems. But Mitsubishi officials never told consumers about the seatbelt defect in their earlier model.

Attorneys for the auto maker still denied that, which is typical. However, they did acknowledge that the changes in the Montero happened because of “poor crash test results,” the newspaper reported. Jurors awarded the couple $10 million for pain and suffering and the rest for funeral expenses and losses. The newspaper also reported that the trial was emotional for jurors and that many of them embraced the couple teary-eyed after the verdict.

Continue reading "Florida Jury Awards $11 Million To Parents of SUV Rollover Victim" »

Ford Motor Company has agreed to an out-of court settlement in an automobile defect/rollover accident case that we have been pursuing for our client, Gloria Levesque. She was seriously injured in a Ford Expedition rollover accident five years ago and rendered quadriplegic. The initial trial in Los Angeles Superior Court lasted three weeks and ended in a hung jury last December.

Of course, we’re pleased that Ford decided to settle with our client for an amount that is being kept confidential pursuant to Ford’s condition of settlement. But the more important fact in this case is that Ford’s top officials know – and have known for a very long time – that the roofs of their sport utility vehicles leave much to be desired in terms of strength. What happened to our client has happened to thousands of others.

The roofs of Ford’s SUVs such as the Explorer and Expedition are made so weak that they cave in during a rollover accident. Gloria’s accident happened on the 5 Freeway in Fresno County. She was a passenger in the vehicle. The driver swerved to avoid a collision, lost control of the vehicle, which rolled over many times. The Expedition roof collapsed and crushed inward causing her severe head and spinal injuries leaving her quadriplegic.

This is a classic case of Ford putting their financial interests ahead of consumer safety. They could have made that roof withstand a rollover accident for as little as $30, about what they charge for a chrome exhaust tip! How many unnecessary deaths has such skimping caused? Had Ford been a little more safety conscious Gloria would still have full use of her arms and legs. Now, she needs full-time care for the rest of her life and has no capacity to be employed. The settlement funds will help but they will not restore what she lost.

We consider this a victory for our client and more importantly, for justice. It’s cases such as these that constantly sound the warning bell to manufacturers such as Ford that they will be held accountable for the decisions they make in the board room.

An Escondido nursing home, which has been repeatedly cited for serious violations and abuse in the past, was slapped with the highest penalty of a $100,000 fine after a resident receiving oxygen caught on fire when he was smoking unsupervised. According to a news article in the San Diego Union-Tribune, this was the fourth accusation in three years made by state officials against Palomar Heights Care Center.

Nursing home officials apparently have nothing more to say about the incident other than it was an accident. But state records cited by the newspaper clearly show there is a lot more to this story. The man, who died of severe burns Jan. 11, was left alone with an oxygen tank smoking a cigarette and he wasn’t even wearing the flame-retardant apron as required by law. And the nurse who was supposed to be watching him was somewhere else filling out charts.

Could this be a case of understaffing in this nursing home? That is certainly a possibility. Nursing homes cutting staff to boost profits is considered to be one of the leading causes of nursing home abuse and negligence, according to the advocacy group, California Advocates for Nursing Home Reform. In fact, the nurse in this facility wasn’t even aware that her patient was on fire until she heard someone else call out a “code red.” The man reportedly burned for six minutes.

Continue reading "Neglected Patient Burns To Death In San Diego Nursing Home" »

Ford Motor Company is recalling more than 400,000 model year 2005 to 2008 Mustangs because the passenger-side airbags may cause neck injuries to small women or large children riding in the seat without being buckled up. According to an article on consumer watchdog Web site Consumeraffairs.com, federal officials informed Ford last year of this problem after conducting a lengthy investigation. Mustang owners are asked to contact Ford at 1-866-436-7332 or the National Highway Transportation Safety Administration at 1-888-327-4236.

A church van crash in Florida is yet again raising concerns about the use of unsafe 15-passenger vans by churches, schools and community organizations to transport small groups of people. On Sunday night a 15-passenger van crash in Ocala left 12 passengers, all from a church group, injured. One of them is still in the hospital with critical injuries, according to an MSNBC news report.

The accident reportedly happened in the northbound lanes of the I-75. The driver lost control of the vehicle, which landed on its side. Firefighters had to use the Jaws of Life to extricate one passenger whose leg was trapped between the ground and the van, according to the report.

It’s a miracle that no one was fatally injured in this crash. For many years now, the federal government has repeatedly issued warnings that these 15-passenger vans are nothing short of death traps. Yet community groups, universities, childcare centers and schools continue to use them. Some of them may not know the hazards, but most groups roll the dice and operate the vans anyway because they are cheaper and can conveniently transport these groups, but at what cost? Some church groups are now switching to more expensive minivans, which is great. But there are still too many of these 15-passenger vans out there, which in itself is cause for concern.

Continue reading "Florida 15-Passenger Van Crash Injures 12" »

The Orange County Register reports today that a 21-year-old U.S. Marine has been charged with gross vehicular manslaughter in a rear-end crash that killed a prominent radiologist. Click here to read our blog about this auto accident. Michael Aung Sein and his wife Grace were sent to the hospital with major injuries. Elijah Ferguson was reportedly driving under the influence and his blood alcohol level was reportedly more than the .08 legal limit. He was also driving without a valid license, the newspaper reports. Ferguson is being held on a $100,000 bail and will be arraigned March 21.

One man died and four Fresno State football players were injured after their car veered off Highway 99 in Selma and rolled over. Terren Hall, 18, the only one who wasn’t wearing a seatbelt, died in the crash after he was ejected from the 1998 Ford during the rollover crash. According to an article posted on the local ABC News Web site, investigators are looking into whether the driver lost control of the vehicle because a big-rig may have cut him off.

Those injured were the driver Jermaine C. Thomas, 19, of Duarte; Isian Green, 18, Sharrod Davis, 22 and Terrance Dennis, 19 – all football players from Cal State Fresno, the Fresno Bee newspaper reports. Thomas was reportedly the one who told investigators that the big-rig cut him off and sent him careening off the roadway.

Continue reading "Fresno Fatal Rollover Crash Kills 1, Injures 4" »

If you’re still not convinced that illegal towing is a huge problem in Southern California, you’ve got to read this story. The Riverside County District Attorney and several police departments are investigating a local towing company called Desert Automotive Specialists, for illegally towing as many as 2,500 cars, sometimes with people still inside them. According to an article in the Desert Sun, sometimes this company paints curbs red just to make people think they parked in a tow-away zone!

Once they had towed away vehicles with their owners kicking and screaming, this company charged astronomical fees to release those vehicles back to the desperate owners. Who were these unfortunate owners? Mostly Spanish-speaking folks and seniors. Sounds like a pretty targeted and well-planned operation to me.

Continue reading "Illegal Towing Company In Riverside Could Face Criminal Charges" »

Drunk driving accidents are unfortunately all too common in the Newport Beach and Costa Mesa area. Unfortunately, a drunk driving accident over the weekend took the life of a well-known local radiologist. According to an article in The Orange County Register, 64-year-old Michael Aung Sein of Newport Coast died in a rear-end crash involving an allegedly drunken driver. Elijah Ferguson, 21, of Santa Ana was arrested and charged with gross vehicular manslaughter, the newspaper reported.

Ferguson rear-ended Sein’s Aston Martin when it was stopped at a red light on MacArthur Boulevard. According to his colleagues at the Coastal Communities Hospital in Santa Ana, Sein was a “highly talented radiologist.” Sein succumbed to severe injuries suffered in the crash and was pronounced dead at Hoag Hospital, the article said. His wife, Grace Sein, is in the hospital with head injuries, the article said.

Ferguson apparently got away with a broken ankle. Police are still investigating the case, but officials told the Register that both speed and alcohol were dominant factors in this accident.

Continue reading "Well-Known Local Radiologist Dies In Newport Beach DUI Crash" »

A 21-year-old man suffered severe injuries in a big-rig crash in Santa Ana after he slammed his Honda Civic into the back of a semi truck, The Orange County Register reports. The accident happened at the 100 block of E. Dyer Road near Main Street, according to police reports.

Initial reports from the investigation apparently revealed that the semi was pulling out of a driveway on Dyer and had started heading east, which was when the Honda crashed into the rear of the truck. The impact of the crash left the Civic wedged under the truck. Firefighters had to extricate the driver from the crumpled car, the Register reports.

Officials said they came to the conclusion initially that the driver of the Civic was going too fast because of the large amount of skid marks they found. They say he must have seen the truck and stepped on the brakes, but couldn’t stop in time. The big-rig driver was not injured.

Continue reading "Man Suffers Major Injuries In Rear-End Truck Accident" »

Four children reportedly died and at least 14 others suffered severe to moderate injuries in a tragic school bus accident in southwestern Minnesota. According to an Associated Press article posted on the local Fox News’ Web site, the bus was initially hit by a van. Then the bus hit a pickup truck and tipped onto its side. While rescue squads and ambulances arrived, the first motorists on scene were asked to take children to the hospital, the Marshall Independent, a local newspaper reported.

The bus was carrying children from kindergarten through 12th grade. Among the victims transported to two different area hospitals, two were in critical condition and others were reportedly being treated for back and neck injuries, cuts, bumps and bruises. Two victims ages 11 and 14 had complex fractures, which required special treatment at a hospital farther away from the crash site, the report said.

This is no doubt a tough week for the people of Cottonwood, Minn. who must deal with the grief and shock of four young lives lost. Families of the severely injured will have it tough as their children gradually recover from the physical and mental trauma of a horrific bus accident that took the lives of people they knew or were friends with.

Continue reading "Minnesota School Bus Crash Kills 4 and Injures 14" »

A 52-year-old Costa Mesa woman is dead after she was ejected from her Jeep Wrangler, which rolled over on the northbound 5 Freeway near Avenida Vaquero in San Clemente, The Orange County Register reports. Gloria Ann Weaver reportedly died in the rollover accident. Officials are still not clear what caused the accident and why the vehicle flipped, the article states.

There is no mention in the article whether or not she was wearing a seatbelt. Officials are still investigating, but I hope they don’t jump to the conclusion that she was not wearing a seatbelt just because she was ejected from the vehicle. Many times traffic accident reports will jump to the conclusion that an ejected occupant of a vehicle in an accident wasn’t wearing a seatbelt simply because they were ejected.

Our law firm has been involved with dozens of auto accident cases where an official accident report states that an ejected person wasn’t wearing a seatbelt, yet our experts on close examination of the involved seatbelt system, found evidence of use at the time of the accident and/or failure of the system. My partner, Brian Chase, is one of the most knowledgeable seatbelt failure attorneys in the country. Personal injury attorneys from all over the country consult with him on their seatbelt failure cases.

Continue reading "Orange County Woman Dies in Jeep Wrangler Rollover Accident" »

A man, who was a passenger in a 1996 Mitsubishi Eclipse, reportedly died after a traffic collision near the Los Alamitos Race Track in an area, which city officials themselves have admitted is a dangerous intersection. The deceased man has been unidentified as Fernando Flores, but there is no word yet on his age or city of residence, The Orange County Register reports.

Apparently, the intersection where the accident occurred – Siboney Street and Katella Avenue – is an extremely busy and dangerous one where officials have applied for grants to make median and intersection improvements. Flores died after the car he was riding in crashed into a 2004 Chevy Tahoe driven by Ivan Gandarilla of Long Beach.

Officials are still investigating the crash and it is not known if alcohol was a factor in this crash. But Gandarilla was arrested on an outstanding warrant for driving under the influence. Flores was pronounced dead after he was transported to the Long Beach Memorial Medical Center. Gandarilla escaped with nonlife-threatening injuries. No one else in the Tahoe or the Eclipse suffered serious injuries, The Register reported.

Continue reading "Man Dies In Fatal Crash At Dangerous Orange County Intersection" »

Here is a story that is both interesting and deeply concerning. It’s about two neighbors in Chico. One has a permanent pack of pit-bulls as pets, one particularly dangerous pit-bull called Princess. The other neighbor, who shares the driveway with this dog owner, has been bitten by the same dog twice, which has attacked him unprovoked leaving him with a permanent scar on his body.

According to an article in the Chico Enterprise, city officials have agreed that this vicious dog is to be confined in the property and muzzled in public, but not be put down. Obviously, neighbors are concerned that someone is going to die because of this dog in their community. Many neighbors and witnesses who have seen the dog in action say it is potentially dangerous, the article states.

City officials filed a complaint and requested a hearing regarding Tyler Doman’s dog after the victim, Doman’s neighbor, Niels Cecil Nielsen had been twice attacked and bitten by the dog. The Domans have reportedly agreed to all demands made by the city including keeping the pit-bull confined and muzzled, getting the dog licensed, vaccinated, micro-chipped for identification and getting it spayed.

Continue reading "Owner Of Dangerous Dog Must Be Prepared To Assume Financial Responsibility" »

In what is the biggest meat recall in the history of this country, the U.S. Department of Agriculture (USDA) recalled 143 million pounds of raw and frozen beef from a Chino meat-packing facility that recently earned notoriety for its inhumane treatment of cows and unethical business practice of forcing sick cows to the slaughter area. According to a Los Angeles Times article, USDA officials deemed meat from the Hallmark/Westland Meat Packing Co. “unfit for consumption” because of many reported lapses in federally mandated inspections.

There was widespread concern about this particular facility because it was a top supplier to the National School Lunch Program. However, USDA officials still maintain that there is no immediate health risk with food-borne illnesses with this recall as with others in the past involving E. Coli-tainted beef. But the practices of this meat-packing unit in Chino were clearly dangerous and unethical and have led to criminal charges against the managers. So far, there are no known reports of food-poisoning as a result of consuming meat from this facility.

Federal agency reports show that the company did not consistently contact a public health veterinarian as required when cattle became unable to walk after being inspected. Officials say there is a remote possibility that someone would become sick from eating this meat and that this recall is a matter of taking “abundant caution.” A video surreptitiously recorded by the Humane Society of the United States shows managers hitting a sick cow with a paddle or attempting to drag animals by their feet to take them to slaughter. By law, animals that cannot walk are banned from entering the food supply.

Continue reading "USDA Recalls 143 Million Pounds of Beef Packed In Chino Plant" »

A 58-year-old Glen Ellen man died in a head-on collision on a section of Highway 12 in a legal passing area where there have been at least four auto accident deaths in the past five or six years, a news report in the Times Herald stated. According to the article, Alfredo Alcaraz was killed when his 1998 Honda Civic was struck by a 2003 Toyota Camry driven by 63-year-old Allen Gates of Santa Rosa.

Officials said Gates was eastbound when he unsafely passed a garbage truck. That led to a head-on crash with the Honda, which was going westbound and the impact pushed Gates’ Toyota into the path of the garbage truck. The driver of the truck was not injured but the Honda spun into a ditch.

Continue reading "Glen Ellen Man Dies In Head-On Collision at What Is Believed To Be A Dangerous Portion Of Highway 12" »

Two young Orange County children and their grandmother are reportedly on a tough road to recovery after they suffered critical injuries in a DUI accident in Lake Forest. According to an article posted on MSNBC News’ Web site, the drunken driver drove into oncoming traffic and crashed head-on into the family minivan near the intersection of Muirlands Boulevard and Entrados Drive.

A 3-year-old and 5-year-old in the Ford minivan suffered severe head injuries when Nelson Mercado, 27, driving a Chevy pickup caused the crash. He only suffered minor injuries. The children’s mother and two other teenage boys riding in the minivan were also reportedly injured.

Continue reading "Toddlers and Grandmother Suffer Severe Injuries In Orange County DUI Crash" »

I came across an article that very well explained the problem of overloaded big-rigs and the dangers they pose to themselves and other vehicles on our roadways. We often hear about big-rig drivers losing control of their vehicles and slamming into others on the road. Often, these types of accidents result in fatalities. And usually, it’s the drivers or passengers of the other vehicles who get seriously or fatally injured, not the occupants of the big-rigs.

What makes these vehicles lethal on our highways is their size and weight. As this article well states, the greater the weight of the truck, the more likely that it will become a death machine that bolts out of control. Overloaded trucks have an increased propensity to be involved in accidents because the increased weight means the truck cannot stop quickly and is more likely to lose control.

Traffic investigators believed that overloading may have been a factor in a Mission Viejo big rig accident where the truck, overloaded with electronic equipment, lost control and slammed into the back of a family’s minivan, crushing and killing three young children. In that case, the driver was also speeding and the overloading just worsened the situation.

Continue reading "Overloaded Big-Rigs: A Dangerous Wrong That Must Be Righted" »

In a class action lawsuit filed on behalf of hundreds of thousands of veterans seeking medical benefits, the Bush administration is fitting them with ungrateful arguments. The Bush administration attorneys claim that veterans fortunate enough to be coming back home from Iraq have no legal right to specific types of medical care, according to an article in the San Francisco Chronicle. The lawsuit basically accuses the government of denying mental health treatment to some troops – this at a time when suicide rates are at an all-time high among returning veterans.

Shocked, surprised and appalled? Well, in me, it evokes a sense of “de ja vu” all over again. I served in the U.S. Army between 1968 and 1970 and today’s situation with this lawsuit reminds me of the men I served with – soldiers who had to sue the VA for medical care necessitated by the herbicide Agent Orange, which caused a variety of cancers and health issues among the troops that were exposed to it. In my day I don't think anyone wanted to admit they needed mental health services, and that's when you really need them.

The Vietnam War ended decades ago, but the illnesses associated with Agent Orange took 20 to 30 years to surface. But the VA refused to treat these illnesses or compensate these veterans for their injuries. Is this the way our government treats the war-wounded and the men and women who are prepared to make the ultimate sacrifice for our country and our ideologies?

Continue reading "War Veterans Being Denied Health Care: A Case of De Ja Vu?" »

Today, we settled a California teenager’s case against General Motors for an undisclosed amount in a product liability lawsuit involving defective quality of glass on the GMC Yukon sport utility vehicle. Our client, Michael (last name omitted), only 16 at the time of the incident lost his left eye after the tempered glass on the passenger side window of the sport utility vehicle shattered inward striking him in the face during a traffic collision. As a part of the settlement terms, General Motors required that the parties keep the amount of the settlement confidential.

The accident occurred July 7, 2006 when the Yukon where Michael was a passenger collided with a Lexus at the intersection of Golden Springs Road and Diamond Bar Boulevard in Diamond Bar. Michael was seated behind the front seat passenger and was properly restrained.

We alleged in the lawsuit that GM, as a cost-cutting measure, used tempered glass in its vehicle everywhere except in the windshield where stronger laminated glass is required as a safety measure. While this move possibly helped the auto maker dig itself out of a financial crunch back in the 1960s, it seriously compromised the safety of consumers. Tempered glass easily shatters upon impact causing people to get ejected on to the roadway resulting in major injuries. This type of glass could also pierce its occupants causing the type of injury that this teenager suffered.

Continue reading "Teenager Blinded In One Eye Settles with General Motors" »

A Massachusetts jury has awarded $10 million to a 58-year-old woman who suffered severe brain damage after she was hit by a public transit bus while waiting to get to work, the Boston Globe reports. After the bus crash, Louise Scialdone is reportedly not able to work and has serious problems related to her brain injury such as balance, memory, sensitivity to light and the mental capacity of a third grader.

The Massachusetts Bay Transportation Authority must now pay Scialdone about $12.8 million from the date her suit was filed, factoring in interest. Jurors announced their verdict after only four hours of deliberations, the article said.

The accident reportedly occurred Feb. 4, 2004 when Scialdone, who used a walker because of her arthritis, was waiting at a bus stop. The bus driver lost control of the vehicle, fishtailed onto the sidewalk and knocked the woman off her feet. Scialdone was then thrown 5 feet and her head slammed into a parked car, the article said. She lost consciousness and was in and out of the hospital for weeks after the accident.

Continue reading "Jury Awards $10 Million To Brain-Injured Bus Crash Victim" »

A 48-year-old Rancho Cucamonga man died after a trailer being towed by a truck on the San Gabriel River (605) Freeway in Baldwin Park came loose and resulted in a four-vehicle crash. Gil Tae Kim reportedly died on the scene of head injuries he suffered in the crash, according to a news article on NBC News’ Web site.

Michael D. Brown, 45, of Long Beach was the person towing the runaway trailer in a Ford-350 truck. The trailer then suddenly detached itself from the truck, bounced over the center divider wall onto the southbound lanes of the 605, according to a California Highway Patrol accident report. A tire from the trailer apparently struck the windshield of Kim’s 2007 Toyota Camry on the driver’s side.

The impact of the tire crashing on his windshield reportedly caused Kim to lose control of his car, which slid to the center divided wall and came to a stop on a grassy patch on the side of the freeway. Two other drivers, who were also injured, were only treated for mild to moderate injuries.

Continue reading "Man Hit And Killed By Runaway Trailer On the 605 Freeway" »

Tire tread separation may have caused a fatal SUV rollover crash near Cordelia, which killed one woman and injured four others. According to an article in The Reporter , 65-year-old Kalo Lolo of San Mateo died after she was ejected from the Isuzu Trooper sport utility vehicle.

The accident reportedly occurred after the driver of the SUV felt as if there was a problem with one of the right side tires of the vehicle and hit the brakes. The Isuzu Trooper then shot across the left lane on to the soft dirt along the center divider and then began skidding sideways before it overturned, the article reported.

Three passengers in the SUV, including the woman who was killed, were thrown out of the vehicle. Investigators are still trying to pin down what caused the accident, but they say it appears the tread separated from one of the Trooper’s rear tires before the vehicle went out of control.

Sport utility rollover deaths kill about 10,000 people in the United States every year. These vehicles are inherently unstable because they have a high center of gravity, which makes them top-heavy and taking corrective action or performing a sudden act like applying the brakes can cause SUVs to rollover.

But in this incident, the main cause seems to have been a defective tire. Tread separation often has catastrophic consequences like this accident. Tread belt separation often causes tire blowouts which, in unstable vehicles, cause rollover accidents. Even when there is no blowout, the driver often loses control of the vehicle when the tread and belt separate from the rest of the tire. This type of tire defect has resulted thousands of rollover accidents as well as thousands of serious injuries and fatalities.

The families of the victims of this accident will be well-served to hire an experienced auto product liability lawyer to conduct an independent and thorough investigation as quickly as possible. I believe a thorough investigation by true experts will produce evidence of defects in the failed tire and the Isuzu Trooper that combined together caused this accident. The victims’ families need to be sure to preserve the vehicle and the tires as evidence because without them, there is no real chance proving the causes of this accident or who is at fault.

It certainly does not sound like the driver is at fault. The fact that the passengers were ejected from the vehicle suggests that either they were not wearing seatbelts or the restraint systems failed. A good restraints expert may find evidence of failure in the seatbelt system. Seatbelt failure product liability cases are much more common than people think.

Here is a brief compilation of dog bite incidents and dog attacks from all over the country.

Vicious dog attack: A man in Wapato, Wash. reportedly lost his leg in a vicious dog attack and is still recovering from his injuries. According to an article in KIMA TV’s Web site, Lew Yallup was initially taken to the intensive care unit, but is now in satisfactory condition. The attack occurred when a pack of dogs attacked Yallup as he picked up cans on a city street. The dog owner faces four years in jail for the attack on Yallup and could pay up to $20,000 in penalties.

Rottweiler attack: A 6-year-old North Carolina boy had to undergo surgery after he was bitten by a neighbor’s Rottweiler, according to this news article. The boy, who was not named, was bitten in the face, neck and leg when he was playing in the neighbor’s backyard during a party with another child. The neighbor reportedly shot and killed the dog before police arrived.

Continue reading "Dog Attack Round-Up" »

The family of an Ohio nursing home resident has filed a lawsuit against a male nurse accused of raping a partially paralyzed patient and sexually abusing at least 13 others. According to an article in the Port Clinton News Herald, the lawsuit alleges that nightshift nurse John Riems, 49, physically and mentally abused their father. The suit, which also lists the nursing home, Concord Care and Rehabilitation Center, as a defendant, seeks more than $175,000 in damages.

Riems, who is facing criminal charges, has admitted, following his arrest, that he abused close to 100 patients since the 1980’s. He has pleaded not guilty to rape and gross sexual imposition charges. In fact, the family of the abused man did not find out about the abuse until Riems was charged with raping another patient recently. So far officials say they have found 14 cases of abuse and are investigating 10 others.

Continue reading "Family Files Nursing Home Abuse Lawsuit Against Ohio Facility and Nurse" »

The city of Norfolk in Virginia has agreed to pay $7.5 million to settle a lawsuit filed by a woman whose son suffered severe brain injuries after being hit by a truck driven by a city employee. The Virginian-Pilot newspaper reports that the lawsuit was filed by Renee Wilson on behalf of her now 19-year-old son Travis Dalton, who functions with the mental capacity of an 11-year-old since the accident.

The incident occurred in December 2006. Dalton was on his way to a job interview and was standing in the median on a public street when he was hit by the city truck driven by a city employee on the job. Dalton spent three months in the hospital immediately after the accident and had to revisit for follow-ups. Doctors had to remove a portion of his skull to relieve pressure from the swelling in his brain. According to Wilson’s attorney, his medical expenses have exceeded $329,000 and are ever increasing.

The city was apparently not at all inclined to settle with this family in spite of what happened. The city’s attorneys argued that there was no liability because the employee was traveling between two of its recreational facilities and claimed immunity as a governmental agency. In fact, the City Council did not vote to settle until a week before the scheduled jury trial.

Continue reading "City of Norfolk OKs $7.5 Million Settlement In Accident That Left A Boy Brain Injured" »

A 70-year-old Huntington Beach man died after he was hit by a car as he crossed at Bolsa Chica Street and Edinger Avenue. According to an article in The Orange County Register, John B. Carpenter was struck by a 2002 Chevy Impala driven by 83-year-old Shirley Constans.

Officials said Carpenter was walking on a marked crosswalk and Constans was making right turn when the pedestrian accident occurred. Investigators are apparently still looking into whether the traffic light was red or green. But they did tell the Register that Constans didn’t seem to be under the influence. No arrest was made. Carpenter was taken to Long Beach Memorial Hospital where he died. Constans reportedly did not suffer any injuries.

This tragic incident raises an important question that rears its head time and again – what should be the criteria for seniors to keep their driving privilege? According to trend studies performed by the California Department of Motor Vehicles, traffic collision rates start climbing for both men and women after they reach 70 years of age. These studies also cite that the increase in at-fault fatal accident becomes particularly dramatic when people hit 80. The study also found that senior drivers are significantly more likely than teens and all other age groups to be making a turn before a crash, especially at intersections.

Continue reading "Fatal Huntington Beach Pedestrian Accident Raises The Issue of Senior Drivers" »

A Santa Rosa woman, who was badly injured and scarred in a ferocious dog attack two years ago, has received a $1 million settlement, an amount that equals the upper limit of the dog owner’s insurance policy. According to an article in the Santa Rosa Press Democrat, Wendy Rydberg received $900,000 and her husband and two children got $33,000 each, avoiding what promised to be an emotional jury trial.

The victim, Rydberg, who spent four days in the hospital and underwent three surgeries to fix the scars on her nose, cheek and lips, told the newspaper that she is relieved by the settlement and feels that she can now move on with her life. The incident reportedly occurred on April 6, 2006, when an American bulldog owned by 19-year-old Emmelia Dale-Pincus bit Rydberg on her face as she was walking her own dog.

Continue reading "Sonoma County Woman Gets $1 million Settlement in Vicious Dog Bite Case" »

Nancy Matthews, a veterinarian, is suing the San Diego Department of Animal Services for injuries suffered during an attack by two boxer dogs more than a year ago. She has filed an amendment to the lawsuit she filed last November, according to the North County Times. Matthews said she spent six days in the hospital after the attack, which left her with bites and scars over most of her body.

The civil lawsuit alleges that county animal officials knew the dogs had previously bitten two people and didn’t take appropriate action to prevent them from attacking again. After the original filing the county’s counsel requested a dismissal of the lawsuit arguing that the department was not negligent or legally responsible for the dog’ actions. The court ruled in favor of the county and gave Matthews an opportunity to amend her lawsuit.

County counsel George Brewster has stated, even before seeing the amended lawsuit, that he plans to ask the court once again to dismiss the Matthews lawsuit.

There is not way that Matthews is going to prevail in this lawsuit. It will have taken some clever drafting of the amended lawsuit by her attorney to get by Brewster’s next request of the court to dismiss this lawsuit. Even if she does get by the county’s motion to dismiss the complaint, she’ll have tough time proving her case. If she fails, she will be subject to paying the county’s costs of defending itself.

For someone to be liable for this dog attack, they must either be an owner of the dogs (strict liability) or a keeper of the dogs with knowledge of the dogs’ dangerous propensities yet did not do enough to protect Matthews (negligence).

Continue reading "Dog Attack Victim Sues San Diego Dept. Of Animal Services" »

Officials in Santa Clarita are investigating a fatal motorcycle accident where a 25-year-old man was killed after crashing into a cement mixer truck. According to an article in the Santa Clarita Signal, http://www.thesignal.com/?module=displaystory&story_id=53125&format=print the collision – the second fatal motorcycle accident in just one week in that area – occurred at the intersection of Golden Valley Road and Robert C. Lee Parkway.

According to the report, the motorcyclist, David Glenn Garrett of Newhall, was traveling west on Golden Valley when he struck the right side of the cement truck, which was attempting to make a left turn on Robert C. Lee Parkway. Some witnesses reportedly told officials that Garrett was traveling at a high rate of speed, but officials have not yet been able to determine who was at fault, the Signal reports.

Garrett was dragged about 30 feet by the cement truck and died at the scene, the article said. The driver of the truck was on the job and was on his way to a construction site in the area. He was not injured. Investigators are also trying to pinpoint the cause of the accident. They will examine witness statements, speed assessments and toxicology tests to determine why the crash occurred and who was at fault, the report said.

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Here is a list of some of the big rig and big truck accidents that occurred around the country recently:

“Pig rig crash?”: A stretch of the 60 Freeway in the City of Industry was snarled after a big rig carrying live pigs spilled a load of the animals on the freeway, killing some of the animals. According to an article in CBS News’ Web site, the big rig accident occurred on the connector from the southbound San Gabriel River (605) Freeway to the westbound 60 Freeway. The bus driver, identified as Claud Emmett Martin, 58, of Arizona, was driving south on the transition road when he changed lanes and steered to the left, officials said. He suffered minor injuries in the incident.

Dangerous big-rig load: A woman was dead in Pasadena, Texas, after a tank fell off from a big rig and crushed her sport utility vehicle, the local KPRC Channel reports. According to local police, the tractor trailer with an oversize load went under a railroad overpass that was too low for it. The woman died at the scene. The big-rig driver apparently had state approval to travel in this route, which is required for such cargo.

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Evenflo is reportedly recalling about 1 million defective infant safety car seats because they could result in serious injury or death in a collision. According to an article in watchdog Web site Consumeraffairs.com, the models covered by the recall are 390, 391, 534 and 552 Discovery car seat and travel system, made between April 2005 and January 2008.

According to reports, recent tests conducted by the National Highway Transportation Safety Administration show that these car seats could break apart and separate from the base during high-impact side collisions. Evenflo officials have said they will provide a free supplemental dual-hook fastener to make sure that the seat remains attached to its base during a high impact crash. More details about this recall are available at www.evenflo.com/discovery or visit NHTSA’s Web site at www.safecar.gov.

This recall, one of several involving this particular brand of car seats, comes in the wake of an announcement by the NHTSA that it has revised consumer rating systems by introducing a five-star rating system for child safety seats. The federal agency has a similar rating program for vehicles.

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A 46-year-old man from Massachusetts is in critical condition with severe head injuries after he was struck on a Corona street by a hit-and-run driver. According to an article in the Riverside Press-Enterprise, David Derosier was in town for a motocross event and was going across the street after having dinner with a friend when he was hit by a maroon four-door car.

Clearly there were witnesses to this pedestrian accident, which happened on a busy street in Corona. Police said the hit-and-run vehicle turned from Main Street and was heading toward Joy Street when the incident occurred. The car reportedly did not have lights on when it was dark outside. The car driver seems to have hesitated for a few seconds, but didn’t stop and drove away, the article said.

The vehicle is described as a 1994 to 1997 Honda Accord and officers are investigating a mirror that was found at the crash scene. Police say the car was being driven by a woman and that there were other passengers inside the vehicle. They also say the vehicle suffered damage to the front bumper area as well as the hood and windshield.

Continue reading "Man Seriously Injured In Corona Pedestrian Hit-and-Run Accident" »

A product liability lawsuit involving defective seatbelts in Mitsubishi vehicles is going to trial in a Florida court tomorrow against Japanese auto maker, Mitsubishi Motors. According to this article, the lawsuit says the seatbelt in a 2001 Montero sport utility vehicle, designed to introduce 10 inches of slack during an auto accident, led to the death of Scott Laliberte, a 25-year-old college student, in a Sept. 24 accident.

Laliberte was actually a passenger in that SUV and wearing his seatbelt. But when the crash occurred, he was ejected from the vehicle through the rear window. His head was crushed against the vehicle and ground when the SUV went out of control and rolled over, the lawsuit states. While his seatbelt was designed to give slack, the driver’s side seatbelt was not made that way. The driver, in this incident, got away with barely a scratch, the article said.

Mitsubishi Motors has consistently been accused of systematically covering up their product defects without issuing recalls in spite of complaints involving numerous accidents, injuries and fatalities. In fact, just this week, the auto maker recalled 7,340 Endeavor SUVs because the right side lower seatbelt anchor may break off during a severe crash.

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An 8-year-old boy, who suffered severe dog bite injuries in Fontana, reportedly told police that someone intentionally set the dog on him. The boy and his brother who were walking down a neighborhood street told officers that a teen inside a house opened a door and let a 65-pound pit bull out the door and the dog in turn pounced on the boy and ripped his face apart, according to an article in the Inland Valley Daily Bulletin.

The boy suffered severe bite injuries on his face and was treated in the hospital and released. The newspaper reported that he had to get a number of stitches on his face. The dog ran back into its owner’s home after the attack and the owner reportedly tried to hide the animal in the backyard. However, animal control officials were able to locate the dog and tried to corner it, but the pit-bull was reportedly still very aggressive and charged at them even after they fired a bean bag round and used a taser gun against it. Finally, they had to shoot and kill the dog.

The dog owner could certainly be held liable in this case and should face criminal charges if the attack was intentional as the victim says. It is really sad that a little child had to undergo the trauma of a dog bite attack. He will probably also need plastic surgery on his scars. We’ve observed that even with plastic surgery some scars never go away.

Continue reading "Two Southern California Dog Bite Attacks Reported This Week" »

Here is another tragedy that clearly shows how important it is for restaurants, bars and liquor stores to take responsibility and stop providing alcohol to those who are already intoxicated – especially if they are ready to drive away in that condition. According to a news report in the Arizona Daily Star, two Midtown city eateries and the insurance company of a convicted drunk driver agreed to pay a total of $410,000 in settling with the family of a man killed in a DUI crash.

The lawsuit filed by the victim’s family reportedly stated that employees at Elle, a Wine County restaurant and Cuvee World Bistro should’ve known that 36-year-old Julie Lagergen was too intoxicated to be consuming more alcohol before they provided her with more. On Aug. 24, 2005, Lagergen drove her Volvo station wagon head-on into the Kia in which Evan Zarate was a passenger. Her blood alcohol was almost three times the .08 legal limit at 0.23 percent. Zarate, 22, suffered critical injuries in the crash, never regained consciousness and died a week later, the Star reported.

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