California Injury Blog

The Insurance Journal carried an interesting article recently highlighting a new study on tort reform that was performed by a business-backed institute. What did this study show? According to our good friends at the American Association for Justice (AAJ), the study proves that tort reform simply does not work. AAJ’s CEO Jon Haber was quoted in the article saying that the state rankings recently released by the Pacific Research Institute (PRI) clearly show that there is no connection or correlation between tort reform and liability costs.

What is tort reform? In simple English, it refers to laws that are meant to reduce liability costs through limits on various kinds of damages awarded to plaintiffs. It is part of an effort by state lawmakers to change legal procedures to prevent lawsuit abuse and to make liability insurance more affordable. Tort reform includes revising the laws that determine responsibility for damages and reducing the amount of punitive damages that civil actions can seek.

Continue reading "Study Shows Tort Reform Has No Correlation To Reduced Liability Costs" »

California Highway Patrol officials in San Andreas are still looking for witnesses to a fatal motorcycle accident that occurred there, according to a news report in the Amador Ledger-Dispatch newspaper. The body of 61-year-old Earl Wiggins, along with his Harley, were found at the bottom of a steep embankment by his family members and friends Tuesday. Officials believe the motorcycle accident must have happened three days before Wiggins was found.

All they have right now is some accident reconstruction and preliminary investigation reports. According to officials, Wiggins was traveling eastbound on his 1997 Harley Davidson on Murphys Grade Road in San Andreas when he failed to negotiate a curve on the road and ran off the edge, the article stated. Wiggins is reportedly the third traffic fatality in the CHP’s San Andreas area, but the first motorcycle fatality. Last year, the San Andreas CHP investigated five motorcycle fatalities, the newspaper reported.

Continue reading "CHP Looking For Witnesses In Fatal San Andreas Motorcycle Accident" »

Our firm recently filed a wrongful death lawsuit on behalf of the three daughters of Ronald Lee Nichols who was killed in a truck accident when an 18-wheeler, allegedly driven by Timothy Ray Johnson, jumped the curb and ran over Nichols. We filed the lawsuit in the Alameda County Superior Court seeking unspecified damages on behalf of Nichols’ daughters.

It’s important to note here that Nichols’ daughters filed their wrongful death lawsuit only after the Oakland-based trucking company denied their claim for compensation. Why did they deny it? Because they say Mr. Nichols was unemployed at the time, had a prior criminal record and that his daughters are grown and not minors.

The tragic incident occurred Feb. 18, 2006 when Nichols was walking on a public sidewalk adjacent to the East Bay Municipal Utilities District in Oakland. It was at that time when the large truck ran him over and crashed through a wrought iron fence surrounding the municipal utility. According to a police report, officers at first didn’t even think anyone was injured until they looked under the 18-wheeler. They then saw Nichols under the front axle impaled through his chest by the wrought iron fence.

Continue reading "Bisnar Chase Files Wrongful Death Lawsuit Against Oakland Trucking Company" »

A 17-year-old boy is in the hospital with major, but non-life threatening, injuries after he was struck by a hit-and-run driver while riding his bicycle in Artesia, according to a CBS News report. The report states that the victim, whose name has not been released, and two other boys were riding their bicycles near South Street when a car sideswiped the back of the victim’s bicycle causing him to hit the pavement.

The driver of that older red Honda compact car reportedly never stopped. Officials, who are investigating this bicycle accident, suspect the Honda would have visible damage in the front. The teen is now in an area hospital recovering from his injuries. The article does not go into too much detail about what type of injuries the boy suffered although it states clearly that his life is not in danger.

Hit and run accidents have become way too common for comfort in Southern California. How does someone believe it’s OK to hit someone with their vehicle and then drive away as if nothing happened? It’s inhumane, unethical and outrageous. This is a tough time for the victim’s family that must be facing medical bills and hospital expenses on top of the trauma of having a loved one being involved in an accident.

Continue reading "Teenager Injured In Artesia Hit-and-Run Bicycle Accident" »

A 37-year-old Hesperia man died on the job after a trench collapsed around him while he worked on an underground power line in Banning, the Riverside Press-Enterprise reported. Martin Samaniego’s crew from Riverside contractor Pouk & Steinle Inc. was reportedly working on an electrical line on a Banning street when the trench collapsed. Samaniego was trapped seven feet under. He suffocated and died on the scene, the newspaper reported.

A spokesman for the company told the newspaper that they have not yet determined what caused the trench to give way. According to the article, Samaniego was the sole breadwinner of his family, supporting his wife, Maria, and 2-year-old daughter. Family members, who were in apparent shock over the tragic accident, are still gathering money for Samaniego’s funeral, the article said. The industrial accident is being investigated by the California Department of Occupational Safety and Health (CAL-OSHA), the Banning Police Department and Pouk & Steinle, Samaniego’s employer.

Trench cave-ins are unfortunately common industrial accidents that cause death and injury. Over a five-year period, from 2001 to 2005, 26 Californians have been killed in trench collapse injuries and 207 injured in such incidents, according to CAL-OSHA’s Web site. In almost every instance of trench collapse, the cause was a failure to shore up the trench properly, the agency says.

Continue reading "Man Killed In Deadly Banning Construction Accident " »

Our firm recently won an out-of-court settlement in an auto defect claim involving a Ford E-350 15-passenger van accident. We represented Jose Estrada and Rita Cruz Quintero on behalf of the estate of Jessica Estrada, their daughter, who suffered fatal injuries in the May 27, 2006 accident. The settlement amount is confidential.

The accident occurred when Jose Estrada, who was driving the 2005 Ford 15-passenger van lost control of the vehicle when a rear Goodyear tire blew, according to a police report. The van carried several members of Estrada’s family and they were coming back from a family trip to San Diego. The van rolled over crushing the roof causing fatal injuries to Jessica Estrada.

There have been repeated warnings about 15-passenger vans from the National Highway Transportation Safety Administration (NHTSA). Here’s a link to one of their studies, which explains in detail how unstable and dangerous these vehicles are. We alleged in our lawsuit that Ford knowingly designed and manufactured the Ford E-350 15-passenger van with defective roof supports. The auto maker did not use an advanced electronic stability system when that technology was readily available. What’s more – they used tires that were defectively designed and manufactured by Goodyear!

Continue reading "Ford Settles 15-Passenger (E350) Van Rollover Accident Case" »

A 12-year-old boy, who was riding in a motorcycle driven by his father, died after their motorcycle was hit by a 90-year-old driver making a left turn. According to an article in the Napa Valley Register, Eduardo Palafox was a passenger on a motorcycle driven by his dad, 32-year-old Jose Cruz Palafox-Iona.

The driver of a Subaru, driven by 90-year-old Marilyn Heinricher, collided with the motorcycle when the woman made a left turn, the article said. Paramedics performed CPR on the boy at the scene, but he reportedly died at the hospital. Both Heinricher and the boy’s father reportedly suffered minor injuries. Both father and son were said to be wearing helmets. Also, an accident reconstruction team is investigating whether Heinricher failed to yield right of way while making the left turn.

This is another tragic case involving an elderly driver possibly making an error on the road that turned out to be fatal. What a tragic loss for the young boy’s family. Our hearts and prayers go out to the Palafox family.

Continue reading "Elderly Driver Hits Motorcycle, 12-year-old Boy Killed" »

A rollover crash in San Bernardino, which officials say was caused by speed and unsafe lane changes, sent six people to the hospital. According to a news report in the San Bernardino Sun, witnesses told police that the driver of a Honda Civic cut off a Chevy Suburban while making a turn. The driver of the Suburban then reportedly made a lane change and lost control causing the vehicle to rollover, the report said.

The crash caused minor to moderate injuries to four people in the Suburban and two in the Civic. The Suburban hit a Jeep Cherokee as it flipped over, but thankfully the driver of the Jeep did not suffer any injuries.

It is a miracle that this accident did not result in catastrophic injuries. It seems as if the driver of the Honda Civic was who triggered this rollover accident, but had the Chevy Suburban been better designed, it would not have flipped over. The Suburban has been known to cause serious injuries in rollover accidents because of its weak roof that caves in when it flips. The roof crushes the occupants within leaving them with severe traumatic brain injuries or spinal cord injuries. The occupants of the Suburban are very fortunate that they did not suffer major injuries.

Continue reading "Six Injured In San Bernardino Chevy Suburban Rollover Accident" »

My response to “Frivolous Lawsuits Hurt Patient and Doctor” by Dr. Augusto Lopez-Torres in the Sun-Sentinel and posted on Sun-Sentinel.com.

As a practicing personal injury attorney, I naturally see medical malpractice issues differently than Dr. Augusto Lopez-Torres. I’d like to share my views on three issues doctor Lopez-Torres’ article raised: (1) Protecting doctors from frivolous lawsuits; (2) Expert witnesses; and (3) Protecting patients from doctor negligence.

As background, I have practiced personal injury law in California for a few months short of thirty years. My law firm, Bisnar Chase, receives about 200 medical malpractice inquiries a year from people who feel they have been the victims of medical malpractice. We find that about 25% of the inquiries probably include medical error. About half that many, 12% of those inquiries, probably involve medical malpractice, which is different that medical error. Of the inquiries that probably are medical malpractice, less than 20% of them are economically viable to pursue. Bottom line, less than 3% of the medical malpractice inquiries that we receive, actually involve medical malpractice and are economically viable to pursue.

Continue reading "Medical Malpractice Cases: Fact and Fiction" »

A 3-year-old boy in Hillsboro, Oregon, is in serious condition after being bitten and mauled by two large dogs in Washington County, according to a news report. Anthony Jewell is still in intensive care after the Bullmastiff mixed breed dogs, apparently with no history of vicious and violent behavior, lunged at the boy and attacked him in the yard of a house in rural Washington County where he was playing.

Both attacking dogs were reportedly shot by their owner before animal control officers even arrived on scene. The dogs also bit three adults who tried to separate the toddler from the frenzied dogs.

Continue reading "Dog's Owner "Does the Right Thing" After Dogs Attack Toddler" »

Two people died in a crash involving several vehicles including a motorcycle in a horrific accident on the 55 Freeway in Orange. According to an article in The Orange County Register, California Highway Patrol investigators believe the chain of events started with a motorcyclist who lost control of his vehicle for an unknown reason and hit the center divider near Lincoln Avenue.

The male driver, who has not been identified, was thrown in the opposite direction and died after he was struck by several vehicles. A Honda driver, who swerved to avoid hitting the body of the motorcyclist, lost control and crashed into the guardrail, bounced off the center median and was hit by two other vehicles on the driver’s side. The Honda’s driver was pronounced dead at the scene, the article said. No other injuries were reported.

There are so many things that could have gone wrong there. The first thing to figure out with this one is what caused the motorcyclist to lose control. Eyewitness accounts say speed was a factor, but it must be determined if it was speed, negligence, debris on the freeway, mechanical malfunction in the motorcycle or some dangerous condition on the roadway that caused the initial accident.

Continue reading "Multi-Vehicle Crash In Orange Leaves 2 Dead" »

A Los Angeles teenager who lost both her legs in a freeway auto accident after her car hit a broken metal guardrail, will get $10 million from the state of California. According to a news article in the San Jose Mercury News, Priscilla Contreras was driving home in 2006 when she lost control of her car and hit the metal railing on the 10 Freeway.

Her family reportedly sued Caltrans for creating a dangerous condition on the freeway, failing to repair public property and not giving drivers and motorists enough warning about this clearly dangerous situation. Both parties reached a settlement March 6, the day the trial was set to begin. They had been embroiled in this legal battle for two years.

Continue reading "State of California Agrees To Pay Teenager $10 Million For Crash Involving a Dangerous Freeway Condition" »

A 14-year-old boy died after the car he was a passenger in ran a stop sign and hit a car full of small children, The Orange County Register reports. The teenager who died was identified as Phoenix Nguyen. Thankfully, Devin Miller, his wife and four children who were in the car that Nguyen hit, were unharmed.

The accident occurred when Ty Van Nguyen, 18, of Garden Grove was driving an Acura on Bushard Street when he ran the stop sign on Banning Avenue and hit the Millers’ Cadillac Escalade, police said in a news release. Miller tells the Register that a Huntington Beach police officer told him he suspected street racing, but police have not confirmed that yet. Phoenix’s sister Paulene and two other teenagers, whose names were not released, were also severely injured in the accident, according to the article.

Continue reading "Teenager Dies In Huntington Beach Auto Accident, Police Suspect Street Racing" »

A 48-year-old Fremont woman died in a two-car auto accident on the I-880, the San Francisco Chronicle reported. The woman was reportedly driving her 1982 Mazda with her husband as passenger when she suddenly lost control of the vehicle. The car spun out came to rest sideways in the middle of the freeway when it was hit on the driver’s side by a Honda traveling in the same direction, the Chronicle reports.

From what I can see, this case could be a real “who’s at fault” challenge for the California Highway Patrol investigators and the attorneys for the various parties involved in the crash. What caused the woman to lose control of the Mazda? Was there a dangerous condition on the freeway? Was there a pothole there or some other condition on the roadway that needed repair? Maybe there was a mechanical malfunction or defect in her automobile or maybe it was fatigue, distraction or inattention.

The other issue here is also why the Honda hit the stopped Mazda. Maybe there wasn’t enough time and distance for the Honda to avoid the collision. If that’s the case, the driver of the Mazda would be legally responsible for the injuries to the driver of the Honda. That said, if the Honda had the time and room to maneuver around the Mazda, but hit the car because the driver was traveling too fast or following too close, the driver of the Honda could be held legally responsible for the woman’s death and her husband’s injuries. If it is determined that there was a defect on the freeway surface that caused the accident, then Caltrans could be held responsible for the accident.

Continue reading "Fremont Woman Dies In Fatal Crash On Possibly Slick I-880" »

One of the main arguments product and auto manufacturers make in product liability cases is that their product “complies with federal safety standards.” This article in the New York Times tells the tale of how the recall of more than 1 million defective Evenflo Discovery car seats came about. It’s frightening to see that government officials discovered, quite by accident, that this brand of car seats did nothing to protect infants in a side impact crash.

That’s why the government insisted on a recall despite the fact that there is no standard that specifies how well such seats must protect children in a side impact auto accident. Apparently, this type of a recall is unprecedented. The National Highway Traffic Safety Administration (NHTSA), as it turned out, was working on developing side-impact regulations and was conducting some tests as part of that research.

That’s when they saw to their utter horror that when a ram struck the vehicle’s side at 38.5 miles an hour, the portion of the seat in which the infant would be strapped, broke free of the base and was thrown around in the interior. Federal officials described the failure as “catastrophic” and immediately asked Evenflo to recall and stop production of these car seats, which the car seat maker did.

Continue reading "NHTSA Discovered Evenflo Car Seat Defect By Accident" »

Two bicyclists were killed and one other suffered major injuries when they were reportedly struck by a Santa Clara sheriff’s patrol car that crossed the double yellow line and hit a group of riders in Cupertino, the San Jose Mercury News reports. The newspaper also reports that a good Samaritan who stopped to help the injured bicyclists said the deputy told him that he had fallen asleep at the wheel. The bicycle accident claimed the lives of two young, avid bikers – Matt Peterson, 30, of San Francisco and Kristy Gough, 31 of Oakland.

A 20-year-old man from Germany identified as Christopher Knapp was also seriously injured but was reportedly in stable condition. A fourth rider was not hurt, the newspaper reported. California Highway Patrol officials say there is no evidence that the 27-year-old Sheriff’s Deputy, James Council, fell asleep at the wheel or that drugs or alcohol were involved. So, apparently, CHP did not even take a blood sample from this deputy although according to another county sergeant, their department routinely tests blood samples from any employee involved in a major accident.

CHP officials also say that the deputy crossed the double yellow line into oncoming traffic and struck the group of bikers. So what caused him to cross the double yellow line and what caused the deputy to seem disoriented? Officials don’t have the answers to those questions yet.

Continue reading "2 Bicyclists Killed, 1 Seriously Injured When Hit By Santa Clara Sheriff’s Deputy" »

A Claremont couple was reportedly killed in a big rig accident when their car plowed into a jackknifed big rig on the Interstate 8 in Mission Valley. According to a news article on Fox News’ Web site, the tractor trailer veered out of control and rammed into a median wall and came to a stop across four of the five freeway lanes in the wee hours of the morning. Barely a minute after the big rig jackknifed, the 2004 Kia Amanti driven by 64-year-old Frank Bilyeu plowed into the stalled commercial vehicle and burst into flames, the article said.

Both the driver and his wife, Shirley Bilyeu, were pronounced dead at the scene. They had to be identified using dental records, Fox reported. The driver of the big rig, Abukar Suri Ali, of Greensboro, N.C. and a 27-year-old passenger riding with him in the truck’s cab were uninjured. Ali reportedly told investigators that he lost control of the semi when he swerved to avoid an animal on the freeway. California Highway Patrol officials are asking anyone who saw the accident to call them at 619-220-5492.

Continue reading "Couple Killed in Fiery Mission Valley Big Rig Accident" »

It turns out that personal injury attorneys and advocacy groups were right all along on the issue of SUV rollover and roof crush. A study released this week by the Insurance Institute of Highway Safety (IIHS) reveals beyond doubt that there is a definite connection between a vehicle’s roof strength and passenger safety. The study concludes that more than 200 deaths could have been prevented in rollover accidents in 2006 had the roofs been stronger, an article in USA Today reports.

Here’s an excellent example to help you visualize what these guys mean when they say “roof strength.” When the 1999 Jeep Grand Cherokee and 2000 Nissan Xterra were subjected to the crushing force of up to 10,000 pounds, the Xterra’s roof crushed about 2 inches while the Grand Cherokee’s roof crushed 10 inches, according to the study. And still some carmakers deny there is any connection between roof strength and passenger safety. The Ford Explorer performed even worse, especially the 1996 to 2001 model years.

The study was released even as federal officials in the National Highway Transportation Safety Administration (NHTSA) are preparing to come out with more rigorous standards to test roof strength. But these have been a long time coming. NHTSA has been talking about new roof strength standards for a decade and proposed new standards two years ago but nothing has been implemented. The standards have not been updated in nearly 30 years giving auto makers like Ford the excuse that they have been complying with the federal standard.

Continue reading "Stronger Roofs Will Save Lives In SUV Rollover Accidents" »

Motorcycle accidents, according to most recent numbers, have climbed at least 25 percent over the last decade. With more motorcycles on the road, there is obviously a probability of more motorcycle accidents, but these stories we found just from scanning the news over the last 20 days, shows fatal crashes are also on the rise. Here is a compilation of fatal motorcycle accidents from around the country.

Albuquerque crash: A man died while riding his motorcycle in Rio Rancho, N.M. According to this article, 21-year-old Luke Ballejos was riding on Highway 528 when he collided with a car turning from the highway on to a surface street. Ballejos was not wearing a helmet, officials said.

Texas motorcycle accident: A 22-year-old woman was dead after losing control of her motorcycle at an Austin intersection, according to a news report. Officials are still looking into what caused Sherry Ann Marvel to lose control of her motorcycle.

Continue reading "Motorcycle Accident Round-Up" »

Ford Motor Company has lost an appeal in an $82.6 million lawsuit involving an Explorer rollover accident, which left Benetta Buell-Wilson, a mother of two, paralyzed from the waist down. Ford’s attorneys had previously succeeded in reducing a $109 million damage award to $82.6 million. But an appellate court in San Diego has ruled that Buell-Wilson was entitled the reduced award, out of which $55 million was punitive damages, according to a Dow Jones news report.

The 4th District Court of Appeal took on the case after the U.S. Supreme Court asked the appellate court to review it. Ford had appealed the award arguing that they were being unfairly punished even though its design met federal vehicle safety standards. Buell-Wilson was reportedly driving her 1997 Ford Explorer on a freeway in San Diego when she lost control of her vehicle while swerving to avoid some debris on the road. Her Explorer rolled over four and a half times and the roof of the SUV collapsed on her neck severing her spine.

Continue reading "Ford Loses Appeal In $82.6 Million Explorer Rollover Lawsuit" »

Two women suffered injuries when their car broke down on the 22 Freeway and they were struck by a car driven by a drunken driver. According to a news report in The Orange County Register, Reyna Poblanu, 47, of Anaheim was driving a 1995 Mercedes Benz, which stopped in the two right lanes near the City Drive exit. Her passenger, 34-year-old Feliciana Adalpa of Anaheim, was getting out the car when a 2007 Toyota, driven by Dong Kim, struck her. Adalpa suffered major injuries while Poblanu suffered moderate injuries, the Register reported. Kim, 45, of Fullerton was arrested on suspicion of driving under the influence.

Ford Motor Co. is recalling more than 100,000 of its 2008 F-Series trucks because of a flaw in the driver’s seat, consumer watchdog Web site, Consumeraffairs.com reports. Ford officials are saying that the weld connecting the driver’s front seat back with a bracket can crack. Because of this faulty weld, the vehicles do not meet with federal rules for seatback strength, the article said.

The recalls cover F-250 through F-550 Super Duty trucks. There are more than 87,000 of the trucks here in the United States and about 14,000 in Canada with these defective seatbacks. Ford says no injuries have been reported yet because of the defective product. Owners will be notified of the defect later in March.

Seatback defects are serious problems and can cause major injuries or death even in low-speed, rear-end collisions. The mechanics of it are important to understand. When a vehicle is hit from behind, the force of the impact propels the vehicle forward and the occupants are thrown backwards.

We recently filed a defective seatback lawsuit against the Nissan Motor Co. where our client was thrown back after the driver’s seat broke and suffered severe head injuries. The seatback should be able to keep the vehicle’s occupants safe by protecting them from ejection and from striking parts of the vehicle’s interior or ramming into other passengers. It should be able to keep the occupants in an upright position.

We have also settled successfully with Ford in the past over seatback defect issues. In many of its vehicles, Ford denied its fault saying that there was nothing wrong with their seatbacks. That denial has cost a lot of lives. We’re glad that at least this time around, they admitted the fault and are working toward recalling and repairing the vehicles.

Five people went to the hospital after they were injured in a crash reportedly caused by a drunken driver who was heading the wrong way on the 5 Freeway in Anaheim. According to an article in The Orange County Register, the early morning crash happened on the southbound lanes of the freeway north of Brookhurst Street when a man driving an Infiniti rammed into a Dodge truck.

A male passenger in the Infiniti – which was the car traveling the wrong way – suffered major injuries including head trauma and cuts, the Register reported. Two 19-year-old women in the Dodge suffered moderate injuries. The 20-year-old driver of the Infiniti – reportedly the one who was driving under the influence – suffered minor injuries. No names were released in the incident. No information was available about the fifth person who was taken to the hospital.

This is no doubt a horrible crash, which could have turned out a lot worse. One of these young people could have been dead and it almost happened. Officials did not tell reporters yet what this driver’s blood alcohol level was. How drunk and how incapacitated do you have to be to drive the wrong way on the I-5 and not even realize it?

Continue reading "Drunken Driver On Wrong Side Of Orange County Freeway Causes Accident, Injures 5" »

One person was killed in a Minneapolis traffic accident when a tire flew off a dump truck into oncoming traffic, according to an Associated Press news report. Not much information was available about the victim, but the report states that the truck was driving south on the Interstate 35, but that the tire went into the northbound lane striking a vehicle.

This type of auto accident is not at all uncommon, especially in Los Angeles and Orange counties where big rig accidents and mishaps involving debris on the freeway are quite common, unfortunately. Our firm handled a case that was identical to the Minneapolis accident. It involved a moving van that lost the tire and struck a vehicle. The crash resulted in the driver suffering severe brain injuries and the passenger suffering multiple broken bones.

Freeway debris and trucks spilling all kinds of debris is certainly a reality in California. According to a New York Times article, about 140,000 cubic yards of debris are dumped on our freeways and in California alone 155 people lost their lives in the last two years after accidents involving objects on highways.

Continue reading "Loose Tire Flies Off Dump Truck, Causes Fatal Minnesota Auto Accident" »

A new report released by AAA shows that traffic accidents in Los Angeles and Orange counties cost nearly $11 billion annually, the highest in any metropolitan area in the United States. These counties lead the nation in massive costs associated with accident loss, damage and injuries, which beats even the steep price tag associated with traffic congestion, according to a study conducted by the Auto Club of Southern California.

What do these crash costs usually involve? They include costly items such as medical services, police and emergency response services, property damage, lost productivity and wages and more importantly for those affected a drastically reduced quality of life. As a personal injury law firm servicing Southern California – particularly Los Angeles and Orange counties, this is a daily reality for us. We see first-hand the loss, injuries, trauma and financial setbacks auto accident victims suffer. And it’s heartbreaking each and every time we see it.

Continue reading "Los Angeles and Orange Counties Lead Nation In Auto Accident Costs, Study Shows" »

The family of a 91-year-old nursing home patient, who died after he choked on a piece of fruit, has filed a lawsuit against a Modesto nursing home alleging abuse and negligence through a Modesto lawyer who has declined to comment about the case, according to an article in the Modesto Bee newspaper. The report stated that State health authorities imposed a $100,000 fine against English Oaks Convalescent and Rehabilitation Hospital in connection with the death of Ernest Costa Sr. – a death, which could have been entirely prevented, had the nursing home staff done their job.

The citation reportedly accused the nursing home of not only failing to find out or recognize what was happening to the patient, but failing to provide emergency care and procedures such as the Heimlich maneuver to try and save Costa. Seriously, what kind of training did these nurses and nursing assistants receive? Apparently, not much. Costa needed help with eating and other everyday activities.

What’s more, this is not the home’s first citation. In 2000, they were slapped with a $60,000 fine for the death of a 74-year-old patient. In her case, state officials said the facility did not properly monitor the woman’s feeding tube, causing a lethal infection.

Continue reading "Nursing Home Negligence Lawsuit Filed against Modesto Home For Man’s Choking Death" »

Two people died and six suffered severe injuries after their 2003 Ford Expedition lost control and ran off Interstate 19 in Tucson, ramming into a tree. According to reports on KOLD News’ Web site, Idalia Montano, 34, and Margarita Gonzalo Leon, 55, died in the SUV rollover crash. Both women reportedly did not wear a seatbelt, according to the Tucson Citizen. In fact, the article states that other than the driver, no one in the Expedition was wearing a seatbelt, including four children who were in the vehicle, ages 11, 10, 4 and 1.

Officials are looking into why the Expedition went off the highway. It’s really unfortunate that a majority of occupants were not buckled up – not even the children. But the fact that they were traveling in a Ford Expedition also raises some questions. We just got off a case involving one of our clients, Gloria Levesque, who was severely injured in an Expedition crash and rendered paraplegic. Her trial ended in a hung jury, but soon after, Ford settled for an undisclosed amount.

Our firm has conducted several crash tests involving Ford sport utility vehicles such as the Explorer and Expedition. About 10,000 people die each year in the United States in rollover accidents. We have particularly found that Ford SUVs are unstable, ineffective and fail to protect their occupants, especially in rollover accidents. These vehicles have been known to tip over even in moderate speeds. What happens when the vehicle flips over is the weak roof caves in on the driver or the passenger, crushing their head and spine causing catastrophic injuries.

Our client, who had been a teacher at a Montessori school for 25 years before her accident in 2003, will remain unemployed, disabled, dependent and catastrophically injured for the rest of her life. And it’s aggravating to think that Ford could have strengthened that roof for about $30.

A 22-year-old caterer died after she was hit by a delivery van when she was preparing food for a large party in Redondo Beach. According to an article in the Daily Breeze, the woman was working in the loading dock of a power plant when a woman delivering speakers to the party, backed up the van and hit her, the newspaper reported.

Officials told the Breeze that the driver, a 62-year-old Ojai woman hit the gas pedal instead of the brake. The victim, who has not yet been identified, suffered severe internal and head injuries. She was pronounced dead in an area hospital.

There is no doubt that the van driver and her employer are responsible for the accident and injuries caused because this woman was clearly on the job at the time of the incident; making a delivery at the party. When a company’s employee causes an accident or injury, it is most likely that the employer will be legally held responsible for the actions of the employee who was “going about the employer’s business” at the time.

Continue reading "Caterer Hit by Truck and Killed in Redondo Beach Accident" »

A 21-year-old off-duty U.S. Department of Agriculture Forest Service firefighter died in a crash on the 241 toll road north of the 133 in Irvine, a news article in The Orange County Register reports. The off-duty firefighter, identified as Patrick Michael Henning of Rancho Santa Margarita, was found in his 1996 Toyota Tacoma that had reportedly rolled off the shoulder of the freeway.

Henning had died of injuries sustained during the crash when his truck rolled over several times, California Highway Patrol officials told the Register. Officials are not clear what caused the driver to lose control of the truck or what caused it to flip several times. But officials say that it apparently was a single-vehicle crash and no others were involved. CHP officials are looking for witnesses who may have seen the crash occur.

Continue reading "Off-Duty Orange County Firefighter Dies After His Toyota Tacoma Veers Off the 241 Toll Road" »

Last week, we filed a lawsuit in Los Angeles Superior Court against Nissan Motor Company alleging that the auto maker knowingly designed and manufactured the 2000 Nissan Frontier with defective and unsafe seats and seat backs. Our client, Jaklin Mikhal Romine suffered major injuries after the Frontier’s driver’s seat broke during a rear-end traffic collision in Pasadena, rendering her a paraplegic.

Jaklin was stopped at a red light at the intersection of Corson Street and Lake Avenue when another vehicle hit her truck from behind. The impact of the collision pushed her vehicle into the one in front of her. During the accident, her driver’s seat broke, sent her hurtling backward toward the rear seat cushions. Her seat back collapsed and her head was pushed into the rear passenger compartment causing severe head, neck and spinal injuries.

Continue reading "Bisnar Chase Files Seat Back Defect Lawsuit Against Nissan Motor Company" »

Anaheim City Council members apparently settled in a hurry authorizing the payment of $700,000 to the family of a 49-year-old man who died when a large Ficus tree came crashing down, smashing his parked van. Michael Gandy, a church maintenance worker who usually took lunch breaks while parking his Ford Aerostar van under the shade of the 50-foot tree, was celebrating his 49th birthday the day he died, The Orange County Register reported.

Gandy’s family members alleged in their claim that the city allowed a dangerous condition to exist on the roadway with its faulty tree-trimming practices. It certainly seems to me like they created the dangerous roadway condition. The family alleged that the city cut the tree’s roots making the tree unstable and prone to falling during Santa Ana winds.

Gandy’s sister, Carole Gandy-Strong, told the Register that she hoped her brother’s death will draw the city’s attention to the tree hazard in the area so no more lives will be lost tragically. Hopefully, Michael Gandy’s death and his family’s resulting lawsuit will lead the municipalities and property owners in Orange County to make wiser choices regarding their tree maintenance procedures.

Continue reading "Anaheim’s Tree Negligence Costs a Life and $700,000" »

An off-duty police chief and two neighborhood women had to fend off two vicious dogs as they brutally attacked a woman on the street in the city of Blythe, the Palo Verde Times reports. According to the article Blythe Police Chief Robert Whitney and two other women, who happened to be passing by, rescued 58-year-old Jilyne Gouvion who was viciously attacked by two American bulldogs while walking her friend’s dog.

Elaine Merritt and her friend stopped as they saw the commotion with the chief trying to fend off the aggressive bulldogs. The ladies immediately acted and were able to save the Australian Shepherd that Gouvion was walking, which was also being attacked by the bulldogs. The smaller dog was covered in blood when the women rushed it into their car, the article said. Whitney told the paper that one of the bulldogs must have weighed about 100 pounds.

Gouvion reportedly suffered severe bites and cuts to her hands and legs as a result of the dog attack. The dogs apparently first attacked the Australian Shepherd and then turned their attention to the woman as she tried to protect her friend’s dog. The dog’s owner, 37-year-old George Castro, not only got cited at the scene, but is facing additional felony charges relating to his dogs being a public nuisance, the newspaper reported. Both dogs have been quarantined at the local animal shelter and a decision will be made later about their fate.

Continue reading "Community Heroes in Blythe Save Dog Bite Victim From Vicious Attack" »