California Injury Blog

Three Moorpark residents were reportedly killed after their car crashed into an Oxnard auto parts store early Sunday morning, the Ventura County Star reports. The driver of the car, Celestino Hernandez-Lara, 37, his wife Irma Apostol Reyes, 30 and Alejandrino de la Cruz-Matas, 42, were killed in the auto accident involving a Ford Taurus, the article said.

According to reports, Hernandez-Lara lost control of the Taurus when he failed to negotiate a bend in the road and struck the building. Investigators are still trying to determine what caused the crash. Tests to determine whether drugs or alcohol caused the crash are pending, the article says. Although Hernandez-Lara and Apostol-Reyes were wearing their seatbelts, de la Cruz-Matas who was a passenger in the back seat, reportedly was not buckled up. All suffered from blunt force injuries.

This is one of those crashes we see on the freeway on our way to work or hear about in the news. There are always many questions hanging over an incident such as this one. The most significant question of course is: What caused this auto accident? In a case such as this where one vehicle was involved and all three occupants of the car died, there is very little information about the circumstances such as speed or what led to the crash.

Continue reading "Three Killed In Single-Vehicle Crash In Ventura County" »

Posted by John Bisnar | Permalink | Email This Post | Comments (1)

Posted In: Auto & Car Accidents

Bookmark:

A Marysville, CA nursing home is facing a $100,000 fine from the State Department of Health and Human Services after an 84-year-old resident was found dead in May 2007, her head stuck between her bed and a bed rail. According to an article in the Appeal-Democrat newspaper, Dorothy Rothacher reportedly died after the nursing home failed to lower bed rails or use an alarm that would have alerted nurses that the patient was getting up from her bed.

The nursing home owners, who also own Yuba City Care Center in the same city, has remained quiet about this incident. This apparently wasn’t the first time the state received complaints about this particular nursing home. Last year 17 complaints were received and state inspectors found 36 deficiencies there, the article reported. The most recent citation, an AA citation, is usually given for the most serious violations.

Rothacher had been a two-year resident at the nursing home and was suffering from osteoarthritis, psychosis as well as Alzheimer’s disease. The article also points out that nurses had given conflicting statements during the investigation about whether Rothacher got out of bed or whether a bed alarm was used. According to the coroner’s report, the cause of death was “asphyxiation due to a compressed and fractured larynx.” The nursing home also did not keep up with the patient’s care plan, which called for a bed alarm and rails positioned on the top half of the bed, allowing her to get out of the lower half.

Continue reading "California Nursing Home Slapped With $100,000 Fine In Resident’s Death" »

Posted by John Bisnar | Permalink | Email This Post | Comments (0)

Posted In: Nursing Home Abuse/Neglect

Bookmark:

Two motorcyclists racing each other on the freeway may have caused an Orange County auto accident that killed a driver on the 241 toll road north of Portola Parkway in the early morning hours of Friday, The Orange County Register reports. The victim, identified as 46-year-old Andrew Parker of Trabuco Canyon, was reportedly rear-ended by one of the motorcyclists. Parker died on the scene, the newspaper says based on official reports from the Orange County Coroner.

Officials say the two motorcyclists were racing on the toll road when one of the riders on a Yamaha motorcycle slammed into Parker’s vehicle. The impact of the crash caused Parker to lose control and go off the road, roll over and crash into a light pole. The motorcyclist who hit Parker is also reportedly in serious condition in a local hospital with major injuries. He is said to have been thrown from his vehicle. California Highway Patrol investigators are looking for the second motorcyclist who fled the scene. Anyone with information about this incident is asked to call CHP at 949-487-4000.

We hope anyone who reads this blog and saw this horrific crash is able to provide tips to investigators. This is no doubt another unnecessary death in Orange County caused by street racing. In this case they were on a freeway possibly emboldened by the fact that traffic was light. But it was no doubt a senseless act that caused the death of a man. Our hearts go out to Parker’s family.

Continue reading "Racing Motorcycle On 241 Toll Road Causes Fatal Accident" »

Posted by John Bisnar | Permalink | Email This Post | Comments (0)

Posted In: Auto & Car Accidents

Bookmark:

Five people were killed and six suffered injuries in a van crash when a tractor-trailer slammed into their vehicle. A group of 11 people, including staff and residents of a group home for the mentally disabled, were on a trip to the Pittsburgh Zoo, according to an Associated Press news report. The report says that the van had stopped at an intersection and then pulled right in front of the tractor trailer on a rural highway.

The five people who were killed were Sheryl Maiolini, 53, of Charleroi; staff member Mary Watkins, 43, of Ellsworth; and residents John Maise, 61, Richard Paquet, 43, and Julie Hugus, 41, the AP reported. Three were residents at the group home and two were staff members. Six others were taken to area hospitals with injuries that included a broken clavicle, a broken hip, and head, neck and spinal injuries. They are all expected to survive, the news agency reports.

Officials say the impact of the crash knocked the van on to its side and pushed it roof-first into a cinder block storage facility, causing the vehicle’s roof to crush and cave in. Officials don’t believe the big rig was speeding. The tractor trailer reportedly belonged to Stocker Trucking Co. in Gnadenhutten, Ohio and was driven by 44-year-old Steven Rouse, an Ohio resident. Rouse was reportedly treated for minor injuries.

Continue reading "5 Dead, 6 Injured In Pennsylvania Van vs. Big Rig Accident" »

Posted by John Bisnar | Permalink | Email This Post | Comments (0)

Posted In: Auto & Car Accidents

Bookmark:

A judge ruled this week that the driver of a runaway dump truck and the company that employed him must both stand vehicular manslaughter charges in connection with a horrible traffic accident in Rancho Cucamonga that killed one person and injured several others, the Inland Valley Daily Bulletin reported.

The judge categorically stated during the hearing, the newspaper reports, that both Adam Ahlberg, the driver, and the company, Clark Grading, knew that the truck had defective brakes before it hit the road on June 16, 2006. The heavy truck careened out of control on Archibald Avenue because the brakes failed and struck pretty much everything in its way. It reportedly came to a stop only after running a red light at Arrow Highway and colliding with an Omnitrans bus and another Rancho Cucamonga public works truck.

Officials described the death and destruction caused by this runaway dump truck as something similar to a bomb explosion. The driver of the city truck, Angel Calzada, a 20-year veteran of the public works department, was killed in the accident. Investigators discovered that not only did Ahlberg know that the brakes on the truck were problematic but the problems were so bad that the California Highway Patrol once ordered the truck off the road after issuing a citation for faulty brakes. Of course, Ahlberg’s employers knew about it because he repeatedly noted the problems on his log as he is supposed to.

Continue reading "Dump Truck Driver and Trucking Company Face Vehicular Manslaughter Charges" »

Posted by John Bisnar | Permalink | Email This Post | Comments (0)

Posted In: Truck Accidents

Bookmark:

In spite of decades of warnings from researchers and doctors that nail guns are dangerous and can cause major injuries or even death, the popularity of automatic nail guns surged during the building boom of the 2000s resulting in skyrocketing nail gun injuries, an in-depth investigation by the Sacramento Bee finds.

According to the report, California companies reported 1,890 nail gun injuries leading to missed work days between 2003 and 2006, according to Labor Department numbers. A national report apparently shows that the number of people affected by nail gun injuries is actually much higher – about 42,000 people a year, more than 100 a day are treated for these injuries in our emergency rooms. The cost is about $338 million a year in emergency medical care, rehabilitation and workers compensation, according to the Consumer Product Safety Commission.

Injury victims and their families are increasingly accusing manufacturers of sacrificing safety to boost the sale of these nail guns and nails, which are nothing but mini missiles, which cause injuries to not only the people who work with them, but also innocent bystanders. Consider this for a second – the most powerful nail guns available in the market can send 30 nails blasting out per minute and these things travel up to 490 feet per second.

Continue reading "Defective and Dangerous Nail Guns Are Causing Major Injuries and Deaths, Report Shows" »

Posted by John Bisnar | Permalink | Email This Post | Comments (0)

Posted In: Product Liability

Bookmark:

Here is a story that tells us how important it is to get checked out by a doctor after you have been involved in an auto accident. According to an article in the Eureka Times-Standard, a 29-year-old man who was involved in a motorcycle accident and was found dead hours after the crash, died from his accident injuries.

The article states that Lawrence Friedman was in a motorcycle accident the afternoon of April 19. Officials suspect he did not realize the extent of his injuries and decided to go out with his friends to a party Saturday night. Officials, based on witness reports and investigations, believe that Friedman collapsed in front of his home after returning from the party sometime late April 20 or early morning on April 21. He was reportedly found dead on his front lawn by a delivery person.

Continue reading "The Importance of a Medical Exam After An Auto Accident" »

Posted by John Bisnar | Permalink | Email This Post | Comments (0)

Posted In: Motorcycle Accidents

Bookmark:

A woman in her 30s was reportedly hit and killed by a charter bus when she was crossing the street Tuesday morning in the Westlake area of Los Angeles, the Los Angeles Times reports. The article states that the woman, who has not yet been identified, entered a crosswalk at the intersection of Wilshire Boulevard and New Hampshire Avenue, when she was hit by the bus.

Witnesses describe the charter bus as a yellow bus that looks very much like a school bus. The driver of the bus was reportedly trying to turn on New Hampshire from Wilshire. No one else was injured as a result of the bus accident and police are still looking into what caused the fatal accident, the Times reports. Officials have not yet released the name of the bus driver or the bus company either. No one has been arrested or cited yet.

Continue reading "Pedestrian Hit and Killed By Charter Bus In Los Angeles" »

Posted by John Bisnar | Permalink | Email This Post | Comments (0)

Posted In: Bus Accidents

Bookmark:

A jury in Texas awarded $84 million to a man who was injured when a U-Haul rental truck he rented ran him over because the parking brake failed. According to a Bloomberg News report, Talmadge Waldrip, 74, parked the truck on a slight incline and the parking brake failed. In his lawsuit against U-Haul, Waldrip alleged that U-Haul failed to maintain its vehicles properly and should be held liable for his injuries.

According to the article, Waldrip’s pelvis was crushed in the 2006 accident leaving him unable to walk and with no bowel control. Waldrip also alleged in the lawsuit that the truck with 234,000 miles on it was poorly maintained. U-Haul officials have said they will certainly appeal the verdict and that they find the damages awarded “outrageous.” A company spokesperson told the news service: “The final verdict is another example of abuse of the legal system against corporate citizens in America.”

A Dallas court found U-Haul negligent and awarded Waldrip a total of $84.25 million, a majority (about $63 million) in punitive damages. The verdict is reportedly the 11th largest jury award this year so far.

Continue reading "Texas Jury Awards $84 Million To Man Injured By U-Haul Truck" »

Posted by John Bisnar | Permalink | Email This Post | Comments (0)

Posted In: Defective Auto Products

Bookmark:

A Modesto man is suspected of driving under the influence, hitting a bicyclist and then leading police on a six-mile pursuit. At the end of the chase, 29-year-old Emiliano Maldonado Jr. was arrested. The 51-year-old bicyclist, whom Maldonado allegedly struck, dragged and then left on the street, suffered severe injuries in the hit-and-run accident, but is expected to survive, the Modesto Bee newspaper reports.

According to officials, the bicyclist was following the rules of the road and was using his hands to signal as he headed North on Crows Landing Road Friday morning. He was trying to merge across traffic when the pickup driven by Maldonado hit him. Maldonado then reportedly made a U-turn dragging the bicyclist under the truck. However, the bicyclist managed to break free and Maldonado fled the scene. Police suspect Maldonado was driving under the influence. Officials are looking for more eyewitnesses who saw the bicycle accident.

Continue reading "Man Suffers Severe Injuries in Modesto Hit-and-Run Bicycle Accident" »

Posted by John Bisnar | Permalink | Email This Post | Comments (0)

Posted In: Bicycle Accidents

Bookmark:

Two small children were severely injured in a frightening dog attack in Las Vegas after two pit-bulls escaped from their yard and pounced on the 5-year-old boys. One child was bitten on the face and another on the leg, according to Eyewitness News reports. Latest reports on the news station’s Web site say the boys are doing well now although one of them had to get 152 stitches on his face.

The dog owner in this case, will most likely face criminal charges, officials told Eyewitness News. Officials say the pit-bulls were running loose without any rabies vaccines or tags, which are all violations of Clark County laws. The animals have also been deemed vicious, which means the dog owner, Carlos Santiago, could face 12 years in prison and thousands of dollars in fines.

Continue reading "Two 5-year-old Boys Hurt In Las Vegas Dog Attack, Dog Owner Could Face Charges" »

Posted by John Bisnar | Permalink | Email This Post | Comments (0)

Posted In: Dog Bites

Bookmark:

A California judge, earlier this week, approved a class action settlement for about 800,000 owners of the Ford Explorer sport utility vehicles, which were said to have lost value following an extensive tire recall stemming from concerns over potential rollover crashes. According to a Reuters news report, Judge David Alba approved the settlement in Sacramento on the Explorer class action lawsuit, which includes vehicles purchased or leased between 1991 and 2001 in the states of California, Illinois, Texas and Connecticut.

The lawsuit by Explorer owners, who by the way have every right to be dissatisfied and upset, did not make any personal injury or damage claims, but alleged a loss of financial value for the Explorers. As per the settlement, Ford Motor Co. has agreed to issue discount certificates valid for one year worth $500 toward the purchase or lease of the new Explorer or $300 toward the purchase or lease of any other new Ford, Mercury or Lincoln vehicle.

Ford is also going to pay out $25 million to the attorneys representing the class members. Of course, company officials continue to say that the case was “without merit” and that somehow, they proved it in court. As personal injury attorneys who have represented numerous victims of Ford Explorer and Expedition rollover crashes, we know that Ford’s statements are without merit.

Continue reading "California Judge Approves Explorer Class Action Settlement" »

Posted by John Bisnar | Permalink | Email This Post | Comments (0)

Posted In: Defective Auto Products

Bookmark:

A 38-year-old El Cajon man died after a big rig slammed through his backyard and sent him into his swimming pool, missing his toddler daughter by inches, according to a Channel 10 news report. Officials said Kevin Vicary and his 2-year-old daughter were near the pool in their home as Vicary was cleaning it.

The chain reaction accident occurred when a Ford minivan ran a red light and struck the semi truck. The big rig then careened out of control and hit two other cars before crashing into the fence and going into the pool, the article said. The impact of the crash threw Vicary into the pool. He died from the injuries while his daughter was unharmed.

The truck driver and people in the other vehicle suffered bruises and minor injuries. Police have still not charged or cited anybody in connection with this incident. However, officials are saying preliminary investigations do show that the female driver of the minivan, whose name has not been released, ran the red light at a nearby intersection and triggered the crash.

Continue reading "Big Rig Chain Reaction Accident Kills San Diego Man" »

Posted by John Bisnar | Permalink | Email This Post | Comments (0)

Posted In: Truck Accidents

Bookmark:

Officials in Prosperity, S.C. are investigating a case of nursing home abuse and neglect, which they say is the worst they have ever seen. The investigation into the conditions in Southside Residential Care began after 59-year-old William Sealy, a resident at the nursing home, died after he was rushed to the hospital.

Police say it is the worst case of neglect they have ever seen and that it was very obvious that Sealy had been neglected. According to a news report on WLTX-TV’s Web site, Sealy was reportedly suffering from malnourishment, dehydration, sores, bed bugs and black and swollen toes. The police chief who was interviewed for the story said he watched nurses pull the socks off Sealy’s feet in the emergency room and saw that it pulled off portions of his skin.

The nursing home administrators have denied wrongdoing and say that Sealy was a recent transfer from another nursing home. They also say Sealy was a “difficult patient and did not want anyone to do anything for him.” Prosperity authorities say that the nursing home in question has had a few problems over the years, but nothing major like this one.

Continue reading "South Carolina Officials Shocked To See Neglected Nursing Home Resident" »

Posted by John Bisnar | Permalink | Email This Post | Comments (0)

Posted In: Nursing Home Abuse/Neglect

Bookmark:

The National Highway Transportation Safety Administration (NHTSA) has a new proposal on the table that requires all vehicles to have stronger roofs to protect occupants in rollover accidents. That’s a good thing, because 10,000 Americans die each year in rollover crashes alone and thousands more suffer major injuries that leave them disabled for life.

Well, this requirement could mean saving thousands of lives because the strength of a vehicle’s roof could make the difference between life and death in a rollover accident. The NHTSA currently conducts roof crush tests by pressing down on a plate placed against the edge of a vehicle’s roof. The roof must withstand a force equivalent to 1.5 times the weight of the vehicle, up to a limit of 5,000 pounds without the plate moving more than 5 inches, according to this article in Consumer Reports.

We’ve already said in previous blogs that this standard is still not adequate. Especially flawed are the tests conducted in determining this roof strength. The way they perform these tests are very different from the way accidents happen in real life. But a huge concern, from our point of view, is that a part of this proposal will limit consumer lawsuits against auto makers.

Continue reading "New Roof Crush Standards May Limit Lawsuits Against Auto Makers" »

Posted by John Bisnar | Permalink | Email This Post | Comments (0)

Posted In: Defective Auto Products

Bookmark:

At least 23 people across 14 states have been infected with salmonellosis caused by the same strain of bacteria found in the recently recalled unsweetened Puffed Rice and Puffed Wheat Cereals manufactured by Malt-O-Meal, according a report by the U.S. Food and Drug Administration. According to the news release, the recalled products were distributed nationally under the Malt-O-Meal brand name as well as private label brands such as Acme, America’s Choice, Food Club, Giant, Hannaford, Jewel, Tops and Weis Quality.

The cereals reportedly have “Best If Used By” dates from April 8, 2008 through March 18, 2009. Consumers have been asked to discard any of the above contaminated products. According to the U.S. Centers for Disease Control, salmonella is a type of bacteria that can cause serious and sometimes fatal infections. This is particularly true for young children, seniors and those with weakened immune systems. Some of the common symptoms of food-borne salmonella infection include nausea, vomiting, fever, diarrhea and painful abdominal cramps.

As personal injury attorneys, who deal with foodborne illnesses all the time, we know how unpleasant and how painful a salmonella infection can be. Bisnar Chase successfully represented Robert Rife, who got the infection by eating contaminated raw quail egg at a sushi restaurant in Orange County. We later discovered that the restaurant had several health violations.

Continue reading "Salmonella-Contaminated Cereal Sickens 23 Across 14 States" »

Posted by John Bisnar | Permalink | Email This Post | Comments (0)

Posted In: Foodborne Illness

Bookmark:

Four members of a church group were killed on their way to an ice-skating rink Friday when their speeding 1994 Toyota Camry reportedly went out of control on the 60 Freeway in Pomona and rolled over. According to a KNX 1070 news report, all in the car were high school or college students. Killed in this crash were 21-year-old Richard Kim, 19-year-old Kevin Na, 18-year-old Daniel Kim and 16-year-old David Chung.

The car reportedly struck the center divider and rolled over. Three of the occupants were hurled from the vehicle with one landing in opposing traffic, the report said. Two died on the scene and two others died later in a local hospital. Na’s brother, 16-year-old Stanley, was the sole survivor of the crash and is now in stable condition, according to news reports.

In another rollover accident in San Diego on Saturday, 39-year-old Richard Guzman died and two others were injured when a pickup rolled several times on a surface street in Lake Morena, the San Diego Union-Tribune reports. According to the report, the driver of the 2002 Ford Ranger, Michael Thompson, lost control of the vehicle. Guzman, who was sitting in the back seat, was not wearing his seatbelt, the report states.

Continue reading "Three Fatal Southern California Rollover Accidents Over The Weekend" »

Posted by John Bisnar | Permalink | Email This Post | Comments (0)

Posted In: Auto & Car Accidents

Bookmark:

Two girls – 13 and 14 years old -- were critically injured in a pedestrian accident at a Wilmington intersection when a man hit the girls as they were walking home from school and then tried to get away, the Daily Breeze reports. According to the article, police arrested 19-year-old Rigaldo Guevas after he reportedly swerved around a vehicle that had stopped at crosswalk and hit the young girls who were walking across the street.

Guevas allegedly tried to speed away, but was chased down and nabbed by two witnesses, who held him until police arrived and arrested him. Those two men are heroes in my eyes. They made sure the person responsible for causing this horrible accident would be brought to justice. Officials have not yet filed charges against Guevas.

The girls, whose names have not been released, were taken to an area hospital. The Breeze reports that one girl was unconscious and hooked to a breathing apparatus while the other was being treated for leg fractures. There were apparently several witnesses to this accident who saw Guevas speeding down the street in his black BMW.

Continue reading "Young Girls Severely Injured In Wilmington Pedestrian Accident" »

Posted by John Bisnar | Permalink | Email This Post | Comments (0)

Posted In: Pedestrian Accidents

Bookmark:

Two men were killed in a multi-vehicle freeway accident that started in the northbound lanes of the 15 Freeway in Rancho Cucamonga. The accident was triggered when the left rea