California Injury Blog

The father of an autistic 5-year-old girl, who drowned in an after-school program for special needs children in Desert Hot Springs, has filed a lawsuit against Angel View Crippled Children’s Center demanding answers and accountability in his daughter’s swimming pool accident death, according to this news report. Anyah Raven Glossinger of Cathedral City reportedly drowned in a mineral pool Jan. 23 after participating in a hydrotherapy session at the center.

The lawsuit filed by Micheal Glossinger, Anyah’s father, alleged that the school’s staff failed to place a life-saving vest on Anyah, who was legally blind, diagnosed with low-functioning autism and could not swim. Glossinger said in a news release that the Riverside County wrongful death lawsuit “won’t erase the pain or bring Anyah back, but it will help hold those responsible for Anyah’s death accountable for their actions.”

I offer my deepest condolences to Anyah’s family for their loss. The incident was ruled a fatal accident and no criminal charges were filed by authorities. The parents and their attorney believe that the caregivers at the school were not monitoring Anyah’s care and are seeking punitive damages in their wrongful death lawsuit.

Continue reading "Family of Drowned Autistic Girl Sues Desert Hot Springs Caregiver" »

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Posted In: Swimming Pool Accidents

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Dennis Garton, the Undersheriff of Tehama County, California, suffered severe injuries in an off-duty motorcycle accident in Nevada during a cross-country ride on his Honda Goldwing. According to a news report in the Corning Observer, the valve stem on the rear tire of Garton’s motorcycle was cut off resulting in a rapid loss of air. That reportedly caused Garton’s motorcycle to go into a wobble before he was forced to lay it down on the pavement.

Garton suffered severe injuries following the motorcycle accident including a concussion, fractured vertebrae in his back and neck, a broken foot, broken hand, fractured ribs and road rash. He is expected to recover, thankfully..

There have been no known recalls on Honda Goldwing tires or valve stems that I am aware of or could find in a cursor search, but there have been comments and reports of tire problems on Web sites for motorcycle enthusiasts. One motorcycle enthusiast website talks about a situation that seems identical to what happened to Garton. A consumer says that his friend’s mother-in-law died after the Goldwing that she was a passenger on suffered a tire valve stem failure, causing an immediate flat. The Goldwing reportedly had a right-angled valve stem.

Another site lists a complaint from a consumer in Mason, Illinois, that the tires on his 2003 Honda Goldwing were rough and vibrated when turning the motorcycle. The consumer also complained that in time tires may experience tread separation. The consumer added that when he contacted the dealer and manufacturer about the problem, they said there was nothing they could do about the tires.

Continue reading "Honda Goldwing Motorcycle Accident Injures California Man" »

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Posted In: Defective Auto Products

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Jill Hullen, 47, of Discovery Bay died and her 14-year-old son suffered critical injuries after their personal watercraft collided with a 23-foot boat in Discovery Bay, according to a news report in the Contra Costa Times. Rescue personnel airlifted the boy to an area hospital after the California boating accident and later found his mother’s body 60 feet from the shoreline.

The article quoted David Piepho, town director of Discoery Bay, who said the area where Indian Slough passes over the north end of Discovery Bay can be dangerous because of the heavy amount of recreational traffic. According to the Contra Costa Sheriff’s Marine Patrol office, the driver of the bigger boat and his passengers were uninjured.

The California Department of Boating and Waterways recently released its “2007 California Boating Safety Report” providing data about boating accidents, injuries and deaths reported in 2007. According to this report California ranks first among all states for boating accidents, and when you consider that there are 964,881 registered recreational vessels in California, it is a wonder that the number isn’t higher.

My heart goes out to the Hullen family. Let’s keep the Hullen boy in our prayers for a complete and quick recovery.

Continue reading "Discovery Bay Boating Accident Kills One, Critically Injures Another" »

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Posted In: Water Recreation

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A 67-year-old man and his grandson drowned in a Selma swimming pool accident, according to an ABC News report. The drowning occurred at the McCall Village mobile home park on Dinuba near McCall. Police said the boy was swimming with both of his grandparents when his grandmother left for a short while to get some things from home. When she returned she saw her husband at the bottom of the pool and the grandson floating on top.

No one saw the drowning happen so police are still trying to figure out how it occurred. We’ll probably never find out how the boy and his grandfather drowned. I offer my deepest condolences to the family.

While swimming pools are fun, they can also be deadly. According to a release from the U.S. Centers for Disease Control, there were 3,852 fatal unintentional drownings in the United States in 2005. More than one in four fatal drowning victims were children 14 and younger. And for every four who die from drowning, another four received emergency department care for nonfatal submersion injuries, near drownings. Nonfatal swimming pool injuries include brain damage that could result in long-term disabilities including memory problems, learning disabilities and permanent loss of basic functions.

Continue reading "Grandfather and Grandson Drown In Selma Community Pool" »

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Posted In: Swimming Pool Accidents

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An Ohio man has filed a federal product liability lawsuit against a West Virginia pharmaceutical company after he reportedly suffered severe side effects as a result of taking Digitek, a recently recalled pharmaceutical drug designed as a heart medicine manufactured by Actavis Totowa LLC. The medicine also known as Digoxin, is distributed by Mylan Pharmaceuticals, according to this news report. Earlier this year, Actavis Totowa LLC recalled all lots Digitek because the tablets contained twice the approved level of the active ingredient.

The lawsuit states that there have been at least 11 complaints relating to Digitek’s side effects, including illnesses and injuries, since 2006. Joe Supinski, who filed the lawsuit, said he started taking the drug for an irregular heart rhythm, but after taking the prescribed dosage, he reportedly experienced visual changes, blurred vision, loss of appetite, low blood pressure, breathing difficulties and other health problems.

Mr. Supinski was not alone in his suffering. Bobbie Dyal and Robert Dyal, an Alabama couple, are also filing a similar lawsuit against the drug manufacturer. According to this lawsuit, Bobbie Dyal suffered permanent heart damage because of digitalis toxicity, a lethal reaction to Digoxin overdose.

We have a number of clients who lost a family member to Digitek (Digoxin) overdose caused by the double dosage of the active ingredient by the manufacturer. We have been in contact with even more people who believe that they have suffered severe side effects from the drug and are considering filing lawsuits. We are in the process of gathering the medical evidence to substantiate their pharmaceutical litigation cases before filing our own lawsuits.

Continue reading "Digitek (Digoxin) Product Liability Lawsuits Filed Against Actavis Totowa" »

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Posted In: Product Liability

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Buena Park, California is a city located in northwestern Orange County. This beautiful municipality is adjacent to the cities of Anaheim and Santa Ana, Orange County’s two most populace cities. With tourist destinations like Knott’s Berry Farm, Medieval Times Dinner Theater, and a Ripley’s Believe It Or Not Museum, the city is a popular destination for southern California residents. However, with this influx of people on the streets of this burg on a daily basis, comes the increased instances of Buena Park auto accidents.

The Buena Park personal injury attorneys at Bisnar Chase have been helping those injured in this area find justice for over 30 years. The wealth of experience of the orange county personal injury attorneys at Bisnar Chase is not limited to auto accident cases. Bisnar Chase attorneys have helped assess, file and win all types of personal injury claims for their clients. Be it a Buena Park wrongful death claim, a product or premises liability case, or brain injury suffered during a slip and fall accident, the experienced California personal injury attorneys at Bisnar Chase have the knowledge and resources to help insure the best result for your case.

The Bisnar Chase law firm exclusively represents injured people and wronged consumers. If this is the type of team you want on your side, call 1-800-598-6998.

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Posted In: Auto & Car Accidents , Personal Injury

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California Highway Patrol officials in Stockton are taking back their preliminary determination in an auto accident investigation where two men died in a broadside crash. Initially, based on some eyewitness reports, officials said that 21-year-old Alvaro Gutierrez was speeding, ran a red light and broadsided 28-year-old Jose Reyes who was driving a 1992 Acura.

But now, according to a news report in the Stockton Record, CHP officials are saying that they have been getting contradictory eyewitness reports about the accident and don’t know exactly who caused the accident, which occurred at the intersection of North Wilson Way, Newton and McAllen roads.

CHP Officer Adrian Quintero said officials now don’t know which direction or at what speed each vehicle was traveling or who even had the right of way. They won’t know until they take a closer look at the physical evidence, including a pending toxicology test that will tell them whether alcohol or drugs were involved in the auto accident.

Continue reading "Stockton Fatal Auto Accident Investigation Turns Murky" »

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Posted In: Auto & Car Accidents

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Victoria Lemus, a 16-year-old high school student in San Bernardino, died after suffering injuries when a driver said to be drunk and under the influence of cocaine, ran a red light and broadsided her van. According to a news article in the Riverside Press Enterprise, the DUI auto accident occurred at the intersection of Fifth and E Streets in downtown San Bernardino.

Police arrested Dwight Dalton Davis, 55, who rammed his Chrysler into the Kia Sedona carrying Victoria and two others. Davis, who has a prior conviction in San Bernardino for drug possession for sale, tried to run away from the scene of the accident, but was caught and detained by construction workers nearby and a parole officer. Davis has pleaded not guilty to felony counts of DUI causing injury, driving with 0.08 blood alcohol content and causing injury and leaving the scene of an accident.

My heart goes out to the family of the young teenager, who apparently was returning from a Rotary Club meeting where she was recognized as a Life Scholar. We hope Mr. Davis is prosecuted to the fullest extent of the law.

In California out of 4,229 traffic fatalities in 2006, 1,509 (more than a quarter) deaths were alcohol-related, according to the Alcoholalert.com website. More often, the fatalities are not the drunk drivers, but innocent by-standers, other sober drivers or their passengers.

There is no compensation that our justice system can provide that can return what the Lemus family has loss. Our justice system does provide the right and procedure for the family to obtain financial compensation for what has been lost, no matter how inadequate money is to replace a child, a loved one or a friend.

This is one of the rare auto accidents cases where I would seek punitive damages against a defendant driver. That is if the facts stated in the news reports about Davis are true. My sense is that enough evidence will be developed to support a claim of punitive damages.

Continue reading "Teen Killed In San Bernardino DUI Car Crash" »

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Posted In: DUI Accidents

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A nursing home facility in Bakersfield was fined $100,000, the stiffest penalty imposed by the state Public Health Department, in connection with the death of a patient from adverse medication interactions. According to an article in the Bakersfield Californian, the patient’s death occurred when the nursing home was run by Pleasant Care Corp., which has since paid the fine.

This is one of 15 AA citations issued by the California Health Department this year. California only issues AA citations when a patient’s death is directly caused by a nursing homes negligence.

According to a report filed with the state, the patient was admitted to the nursing home in September 2006 and prescribed the blood thinner Coumadin and an anti-inflammatory drug, Mobic. On Oct. 19, 2006, the patient was taken to a hospital for low blood pressure and bloody stool and died 12 hours later.

Preceding their bankruptcy, Pleasant Care settled a $1.3 million lawsuit brought by former state Attorney General Bill Lockyer in 2006 as a result of allegations of elder abuse and negligent care. Pleasant Care facilities received more than 160 violations of state regulations over the previous five-year period. That is more than 2.5 violations that they were cited for. On one knows how many there really were.

Continue reading "Bakersfield Nursing Home Cited In Patient's Death" »

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Posted In: Nursing Home Abuse/Neglect

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Los Angeles, known as “the city of Angels”, is the largest city in the state of California. The 3.8 million people who call the city home have the privilege of living in one of the world’s centers for culture, the arts, technology, media, and business. With so many citizens coming and going and interacting on a daily basis, accidents are a common, almost inevitable occurrence.

The Los Angeles personal injury lawyers at Bisnar Chase have represented those injured by the negligence of others in Los Angeles for 30 years. Our experienced, professional personal injury and wrongful death attorneys have the means to aggressively litigate Los Angeles car accident cases. Our firm also has extensive experience in all areas of personal injury, including brain and spinal cord injuries, car and truck accidents, pedestrian accidents and product liability cases.

We do NOT charge a fee until there has been a monetary recovery in our client's case and we advance all costs and expenses.

All consultations, whether in our offices or your home or hospital room, are free. Call the experienced Los Angeles personal injury attorneys at Bisnar Chase today at 1-800-598-6998.

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Posted In: Auto & Car Accidents , Personal Injury

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A 36-year-old female mail-carrier in Fresno was severely injured in a dog bite incident after she was attacked by a pack of four pit-bulls as she was delivering mail in the Mayfair area near McLane High School, according to an ABC news report. Luckily for the mail carrier neighbor Maria Nava intervened and warded off the attacking animals before the incident became deadly.

A related ABC news article states that these dogs had a history of violent attacks and neighbors said the animals should’ve been removed from their area well before this attack. These pit-bulls had already attacked other neighborhood pets as well as a partially blind 77-year-old woman and had not been rounded up as required by Tyler’s Law. This law, named after a 6-year-old Fresno County boy mauled to death by dogs already deemed “vicious,” was designed to stop dogs from attacking more than once.

A report states that this most recent attack has now forced Fresno county officials to re-examine the way they are controlling or keeping tabs on vicious dogs. They are learning that one of the loopholes in Tyler’s Law was that officials required solid proof of dog attacks such as dates, times and videotape evidence, which some of these dog bite victims could not provide.

Continue reading "Fresno Mail Carrier Injured In Dog Attack, Pit-bulls Had History Of Attacks" »

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Posted In: Dog Bites

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Anaheim is a large, bustling city located in the heart of Southern California. It is the second most populous city in Orange County (behind Santa Ana) and second largest in terms of land area. Famous for its theme parks like Disneyland, its sports teams like the Anaheim Ducks, and its large convention center, the residents of Anaheim enjoy an exciting, active lifestyle. In such a large, energetic environment, it is no shock that accidents of all kinds occur on a daily basis.

The Anaheim personal injury attorneys at Bisnar Chase have represented the seriously injured in Anaheim for over 30 years. We specialize in fighting for the rights of those injured by the negligence of others and limit our practice to serious personal injury and wrongful death. Whether you were hurt in an auto accident, suffered a brain injury, or even were the victim in an Anaheim dog bite incident, our top personal injury lawyers in Orange County are ready to represent the interests of you and your family.

We do NOT charge a fee until there has been a monetary recovery in our client's case and we advance all costs and expenses.

All consultations, whether in our offices or your home or hospital room, are free. Call the experienced Anaheim personal injury attorneys at Bisnar Chase today at 1-800-598-6998.

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Posted In: Auto & Car Accidents , Personal Injury

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Bagum Muktar, 64, was killed in a rollover accident in Diamond Bar early Saturday morning when the car she was a passenger in was rear-ended by a drunk driver on the 22 Freeway in Garden Grove, according to the Orange County Register reported. The driver, who struck the car and fled the scene, was later arrested by California Highway Patrol officials. He has been charged with felony vehicular manslaughter and gross negligence, felony driving under the influence and felony hit-and-run.

Muktar’s daughter was reportedly driving their 2004 Toyota Sequoia when the man driving a 2005 Chevrolet Malibu hit them from behind causing the Toyota to roll over several times. Muktar died but six others inside the Toyota suffered minor injuries.

My deepest condolences to the Muktar family and to Bagum’s friends. Unfortunately, DUI accidents are a common type of auto accident in Orange County. According to the Orange County Chapter of Mothers Against Drunk Driving (MADD), alcohol is a factor in about 42 percent of fatal auto accidents in Orange County.

Continue reading "Diamond Bar Woman Dies In Orange County Rear End Auto Accident" »

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Posted In: Auto & Car Accidents

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Nine people were injured after two vehicles collided with an out-of-control cement truck on Laguna Canyon Road at the 73 Toll Road interchange. According to an article in the Laguna Beach Coastline Pilot. Thankfully none of the injured suffered life-threatening injuries. The Laguna Beach truck accident occurred when the cement truck, which was three-quarters full of cement, careened down the southbound exit ramp as its brakes failed and collided with the two passenger vehicles.

There is no question that overloaded trucks have an increased propensity to be involved in accidents primarily because the heavier a truck gets, the harder it becomes for it to stop quickly. It is also more likely to lose control, as with the cement truck in this Laguna Beach big rig accident. Given the size and weight of this cement truck, it is fortunate that victims of the crash did not suffer fatal injuries.

Increased weight in large trucks causes greater stress on the truck’s parts and could lead to mechanical malfunctions such as brake failure. It could also put the vehicle out of balance especially if it is traveling downhill, on a ramp or in windy conditions. Trucking companies know the dangers of overloading, but they continue to do it so they can transport more. However, it is also illegal.

Continue reading "Cement Truck Accident Injures Nine in Orange County" »

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Posted In: Truck Accidents

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James Zant 51, of La Habra, died in a Rosemead auto accident after his sport utility vehicle slammed into another vehicle on Rosemead Boulevard. According to an article in the San Gabriel Valley Tribune, Zant, a beloved teacher at Rosemead High School was northbound on Rosemead Boulevard when his Honda CR-V jumped the median and crashed head-on into a southbound Toyota Tundra.

Los Angeles County Sheriff’s Deputy Marvin Payne, who is investigating the crash, said the driver of the Toyota truck suffered minor injuries. The driver of a third vehicle, which was also hit, suffered minor injuries as well. Police are still trying to figure out what caused Mr. Zant to lose control of his vehicle and drive into oncoming traffic. Payne said it was strange that Zant did not brake, which leads him into thinking that he could have had some medical problem.

I offer my condolences to the Zant’s family, friends, colleagues and students.

Continue reading "Rosemead Teacher Dies In SUV Collision" »

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Posted In: Auto & Car Accidents

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A school bus carrying nine students heading home from a summer school program at Sonoma State University overturned on Highway 101 near Asti, skidding on its side for 200 feet before coming to rest in the middle of the freeway, according to an article in the Santa Rosa Press Democrat. Some of the students and the driver suffered injuries during the California bus accident.

California Highway Patrol Sgt. Steve Ramos said that everyone in the bus was able to get out through the front windshield, which had popped out. . Some students suffered cuts and bruises while the driver complained of pain. One student was treated for a dislocated shoulder and another was treated for head injuries at a local hospital. Thankfully none of the students were seriously injured. This accident could have been catastrophic.

The bus, which was operated by First Student, a national school bus company, crashed when the driver drifted off the side of the freeway, officials said. Bus company officials said the driver was a veteran employee and was one of their best drivers. Doesn’t sound like it however.

From the news accounts it appears that the carrier company will be held fully responsible for this bus accident. Buses are considered “common carriers” and that includes school buses, city buses and charter buses. Common carriers have an “utmost duty of care” to their passengers, which is a much higher duty than that of your friend who is driving you to school.

Continue reading "Students Injured In Sonoma County School Bus Accident" »

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Posted In: Bus Accidents

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Hans Rudolph Beyeler, 56,was killed after his car was involved in an auto vs. big rig crash near Sunland on the Interstate 210, the Santa Clarita Signal reported. Beyeler was traveling eastbound on the 210 near La Tuna Canyon Road when his car veered into the right shoulder and slammed into the trailer of a disabled big rig, California Highway Patrol Officer Ed Jacobs said.

The big-rig had pulled over to the right shoulder and was parked. The truck driver had also set out safety reflectors and was waiting for help when Beyeler’s 2007 Mazda slammed into the trailer.

I offer my deepest condolences to Beyeler’s family and friends.

The investigation is still at a preliminary stage and gives no indication of what caused Beyeler to lose control of his Mazda and slam into the big rig. It would be interesting to find out if this big rig accident was caused by some malfunction in the Mazda or because the tractor trailer was parked illegally in a recovery zone.

If investigators determine that the truck was illegally parked, the driver and trucking company could be partially at fault. But if it turns out that the truck was legally parked, then Beyeler’s insurance will be liable to the trucking company and the truck driver for the damages they’ve suffered.

Continue reading "Man Dies In 210 Freeway Big Rig Accident" »

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Posted In: Auto & Car Accidents

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A Redwood City woman has filed a lawsuit against Redwood City after suffering severe injuries in a pedestrian accident, which she alleges occurred on a dangerous roadway that city officials have not done much about, the San Francisco Examiner reports. Deborah Jo Iverson was reportedly crossing Woodside Road at Orchard Avenue on April 23 2007 when she was hit by a car.

Although police concluded that the pedestrian accident was driver Raymond Herrera’s fault, Iverson has named Redwood City, the state of California and Caltrans in the lawsuit as well. Iverson filed the lawsuit after the city rejected her claim. The dangerous street in question is a state route maintained by Caltrans.

The city has apparently tried to make improvements on the street including lowering speed limits and installing red light cameras. Over the last four years the article cites at least six pedestrian fatalities on that part of Woodside Road and many others that resulted in critical injuries.

Apparently, the city has a problem with safety on this road, but is captive to the state’s jurisdiction of the highway. It certainly appears to be a dangerous roadway, highly unsafe for pedestrians, according to Iverson and the accident statistics. The agency, which is in charge of maintaining this street – whether it’s the city or CalTrans – should do its job. I would be using the city’s own records of attempts to make the road safer as evidence against CalTrans.

Continue reading "Redwood City Pedestrian Accident Victim Files Lawsuit Over Dangerous Roadway" »

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Posted In: Personal Injury

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