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" »

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" »

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" »

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" »

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" »

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.

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" »

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" »

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" »

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.

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" »

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.

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" »

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" »

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" »

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" »

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" »

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" »

Seventeen-year-old Justin James Wolff of Modesto died from being thrown off his all-terrain vehicle (ATV) west of Modesto, according to a recent article in The Modesto Bee.

Wolff was riding with his friends in an orchard he was familiar with near Paradise Road when the ATV accident happened. California Highway Patrol officials said Wolff was doing 50 mph on a three-wheeled 1985 Honda ATV on a dirt embankment west of Illinois Avenue in west Modesto. He lost control of the three-wheeler as he jumped from the embankment over an access road. The ATV reportedly rolled over many times and threw Wolff on Illinois' northbound lane. The teen suffered serious injuries and brain damage and died later at the Memorial Medical Center in Modesto.

I offer my deepest condolences to the Wolff family. Please keep this teenage boy in your prayers. According to the article Wolff hadn’t worn his helmet in the ATV crash. In Stanislaus County helmet use is not required on private property. In fact, that is the law in most states and counties across the nation. Hundreds of young people, especially teenagers, are injured, maimed or killed every year in the United States because they don’t wear helmets and other protective gear.

Continue reading "Modesto ATV Rollover Accident Claims Teen's Life" »

Insurance giant Allstate leads the top 10 list of worst insurers in the country, according to a comprehensive investigation of thousands of legal documents and financial filings by the American Association for Justice (AAJ), a national trial lawyers group. According to this article, the group based this top 10 list on what it calls “a distinct pattern of industry greed” among these insurance companies that do what they can to avoid paying claims, play hardball with consumers and put profits over the welfare of their policy holders.

According to AAJ’s chief executive officer Jon Haber, Allstate “publicly touts its ‘good hands’ approach” but has privately instructed its agents to adopt more of a “boxing gloves” strategy against policyholders, making it near impossible for them to get claims paid. As for Allstate, the strategy is a gold mine – to increase profits, expand salaries for their executives -- all at the expense of its suffering policy holders. The other top 10 worst insurers include: Unum, AIG, State Farm, Conesco, WellPoint Health, Farmers, Torchmark and Liberty Mutual – in that order from 2 to 10.

Continue reading "Top 10 Worst Insurance Companies – New Report From the American Association for Justice" »

Two proposed ballot initiatives aimed at making personal injury attorneys unavailable in Oregon did not receive the signatures required to qualify for the ballot, according to a LegalNewsLine.com report. Initiative 51, which would have limited attorneys’ contingency fees to 25 percent of the first $25,000 recovered in civil lawsuits and 10 percent of any amount greater than $25,000. The second initiative (No. 53) would have called for attorneys to be punished for filing frivolous lawsuits or court motions.

The proposals were sponsored by Russ Walker of Keizer, Ore., vice chairman of the Oregon Republican Party. This type of tort deform initiative is mostly sponsored by insurance companies, giant corporations and the Chamber of Commerce to block the common man’s access to lawyers. Take away a persons access to lawyers and you take away their rights and their ability to hold wrongdoers accountable for the harm they cause.

Interestingly enough, Initiative 51 does not cap how much defense attorneys can charge. The whole idea is for the best attorneys to work for the insurance companies and big business, while the common man gets the attorneys who can’t find any other work. If such a law limiting contingent fees had passed we certainly would not do any work in Oregon and neither would any of the other truly gifted attorneys around the country. The best personal injury lawyers in Oregon would either move to another state or do other types of work, which is exactly what Walker and his backers were hoping to have happen. Where does that leave the people of Oregon?

Continue reading "Oregon Tort Reform Initiatives Fail To Make Ballot" »

Jack Mabee, 17, of Oxnard, died in a train accident in Ventura when an Amtrak Surfliner train hit the car in which he was riding. According to an article in the Ventura County Star, Mabee was riding in the front passenger seat of a sedan traveling on a farm road near Victoria Avenue and Olivas Park Drive when the driver, 18-year-old Jordan Hernandez of Oxnard, drove onto a railroad crossing and into the path of the Amtrak train.

California Highway Patrol officials said the train sheared the car in two. Mabee died at the scene and Hernandez was admitted to an area hospital with major injuries to his head and torso. The railway crossing apparently had signs, but did not have a mechanical cross arm or flashing lights.

My heart goes out to the families of both Mabee and Hernandez. Please keep them in your prayers.

Continue reading "Ventura Train Accident Kills Teen" »

A team of three leading scholars from top U.S. universities has discredited a study done by the Pacific Research Institute (PRI) titled “Jackpot Justice: The True Cost of America’s Tort”, which calculated that the nation’s tort system imposes an annual “tort tax” of $9,827 for a family of four in the United States and also raises healthcare spending in the country by $124 billion. Now, a team of reputed scholars comprising Tom Baker of the Pennsylvania Law School, Herbert Kritzer of William Mitchell College of Law and Neil Vidmar of Duke Law School, has countered the PRI study debunking the figures that appear in PRI’s annual “state tort index and rankings.”

These three scholars say in their work, “Jackpot Justice and the American Tort System: Thinking Beyond Junk Science,” that PRI’s claims are not only “highly dubious,” but are without scientific merit and present a highly misleading picture of the American tort system and the costs associated with it.

These three law professors have also revealed that the source of PRI’s so-called calculation is a discredited study by insurance consultant Tillinghast Towers Perrin. The professors note that not one of PRI’s numbers in terms of tort costs comes from prestigious academic publications or reports that are subject to peer review by independent experts. On the other hand, these experts’ critical report on the PRI study was critiqued by a blind peer review.

I agree with our friends at the American Association for Justice’s President Kathleen Flynn Peterson that PRI’s report highlights claims that are hopelessly skewed and inaccurate. These claims have been used by industry giants and insurance companies over several decades to undermine the importance of the civil justice system. To read AAJ’s complete press release, please visit http://www.justice.org.
.

Continue reading "PRI’s Report On Tort System Is Debunked By Panel Of Experts" »

Six teenagers between ages 13 and 17 were injured when a stolen Dodge Durango they were in rolled over and caught fire west of Porterville at Avenue 152 east of Road 192. Jasmine Mejia, 16, and 14-year-old Crystal Rosales suffered major injuries while 13-year-old Juana Pena, suffered moderate injuries, the Fresno Bee reports.

California Highway Patrol officials say four occupants tried to run away, but three of them – two 17-year-old boys and one 16-year-old boy – were arrested on suspicion of hit-and-run driving resulting in bodily injury as well as vehicle theft. They were treated for minor to moderate injuries. Their names were not released because they are minors.

It is very fortunate for the young people in the stolen vehicle and their families that none of the teenagers were killed in this fiery rollover crash. This is obviously a criminal case and the young people involved were acting in a reckless and negligent manner. But it does highlight the issue of teen driving and how dangerous it can be every time our young people get behind the wheel.

Continue reading "Six Teenagers Injured in Fresno Rollover Crash" »

Arturo Gonzalez, 34, died in an Anaheim construction accident after a forklift tipped over and crushed him. According to a news report in The Orange County Register, Gonzalez, working for subcontractor Padilla Construction, was plastering stucco on a new condo complex at the time of the accident.

Another worker who saw a 75-foot tall machine called the “boom” fall on Gonzalez, said he was completely crushed on impact. Officials are interviewing site workers and supervisors to determine what went wrong with the equipment and what caused the accident, according to Maria Sabol, spokeswoman for the Anaheim Fire Department.

I offer my condolences to the Gonzalez family and Arturos friends. The man is at work, earning a living and someone else’s negligence costs him his life. Heartbreaking!

Officials are still investigating what caused the Anaheim fatal construction accident. However, from the news accounts it appears to me that the scoop may have been over loaded and the forklift inadequately secured to the ground.

Clearly, the Gonzalez family is entitled to receive workers’ compensation benefits through the employer, Padilla Construction. Workers’ compensation benefits in California are embarrassingly inadequate to compensate a family for the loss of income from a primary breadwinner, much less the loss of spouse and parent. I believe there is a “third party” claim here.

Continue reading "Fatal Anaheim On-The-Job Accident " »

Two Stockton animal control officers were bitten by a pit-bull that jumped out of the open window and attacked them even as they were investigating a report of the same dog attacking and biting a girl, the Stockton Record reports .

The unprovoked dog attack happened when the two county officers, who have not been identified, arrived at the home on the 200 block of South Walker Lane in unincorporated east Stockton. The California dog bite happened after the canine jumped out of an open window and attacked the workers causing deep puncture wounds in the arm and midsection of one of the officers. Ernest Molieri, manager at the San Joaquin County Animal Control Division called this the worst dog attack on county animal control officers in recent memory. Both officers were treated and released from a local hospital.

The San Joaquin County has begun proceedings to designate this pit-bull as a “dangerous dog” and it has been quarantined in the animal shelter as required by California law.
This pit-bull should clearly have been restrained by the dog’s owner. Both times, the dog jumped out of an open window and attacked its victims unprovoked.

Under Stockton’s “Vicious Dog Regulation Ordinance any dog which, when unprovoked, on two separate occasions within the prior thirty-six (36) month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury … can be labeled as a potentially dangerous dog. This process includes a public hearing for evidence after which the city determines if a dog is dangerous. It’ll be interesting to know if the pit bull that attacked the Stockton animal control officers had been determined to be potentially dangerous by another jurisdiction. Then, owning or even keeping this dog in Stockton becomes illegal.

Continue reading "Stockton Dog Attack Injures Two County Animal Control Officers" »

Mundelein resident, Alla Mavlyanova, 43-years-old and her twin brother, Alex Yadgarov, of Wauconda recently filed a lawsuit against Hampton Plaza Health Care Centre at 9777 Greenwood Ave., according to an article in the Chicago Tribune.

The siblings allege in their wrongful-death lawsuit that the Niles, Illinois nursing home’s employees were not adequately trained to handle a fire in May that killed their father, 67-year-old Igor Shteyn. Niles Police Sgt. Tom Davis said the fire reportedly began in a closet in Shteyn’s room on the third floor of the nursing home and may have been caused by smoldering smoking materials. Shteyn had shared the room with Naum Berdichevsky, 76, who also died in the fire.

After nursing home fires killed 31 residents Congress passed “The Nursing Home Fire Safety Act” (NHFSA) in 2004 requiring automatic fire sprinkler systems in all nursing facilities participating in the Medicare or Medicaid Programs. I’m certain that Niles and the Cook County Fire Code require working sprinklers at every floor in a nursing home.

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A Rialto auto accident on the 200 block of Willow Ave. near Rialto Ave., caused by a speeding drunk driver in a Honda Sport Utility Vehicle has killed a 2-year-old girl and seriously wounded her family, according to a news article in The Daily Bulletin.

Phelan resident Rolando Astorga, 27-years-old was intoxicated when he hit the Rialto family of four who had been riding their bicycles on the sidewalk, said Rialto Police Lt. Joe Cirilo. He was fleeing from an earlier accident when he hit a median, lost control of his vehicle and struck the family. The 2-year-old girl and her 28-year-old father William Dinoso Dean were taken to Arrowhead Regional Medical Center in Colton. The mother, Glenda Brooks, 26 and her 1-year-old son were taken to Loma Linda University Medical Center.

What a senseless and horrific situation for this young family. Please keep them in your prayers and your hearts.

Alcohol-impaired driving is a huge problem. Typically drunk-driving incidents are at a high around the July 4th holiday. California Highway Patrol. (CHP) San Bernardino County had 25 Driving Under the Influence (DUI) fatalities in July of 2006 (last year available). The total number of San Bernardino County DUI accident deaths was 152 with nearly 2,000 injured in 2006.

Continue reading "Rialto Family Struck Down In A Bicycling vs Auto Accident" »

A fatal boating accident at Lake Havasu during the July 4th holiday weekend claimed two lives, according to a news report in the Havasu News. Tiffany Breslin, 14, of Murrieta and another unidentified 19-year-old woman died in the collision between a boat and a personal watercraft near the Needles Bridge. Officials are still looking into what caused the boating accident.

My condolences to the families of these two young women. Out on the river to have a good time and a horrible accident like this happens. If the families want to know their rights and options or just want the wrongdoers held accountable, they would be well served consulting with California boating accident lawyers with a history of boating accident cases.

My family often takes our personal watercraft, SeaDoos, to this very spot to spin, jump and skid across the water in this less trafficked, calmer water area. Usually the area up and down river from the Needles Bridge is a much safer area than down river around Lake Havasu City or up river in the Laughlin/Bullhead City area.

Continue reading "Fatal Lake Havasu Boating Accident Kills Two" »

A 7-year-old boy participating in a Altadena day camp program nearly drowned in the John Muir High School pool on Tuesday, July 1, 2008 according to a report in the Pasadena Star News.

The day campers were spending the day at the high school’s pool when a lifeguard spotted the boy in the water. A lifeguard pulled him out and CPR was immediately administered. When paramedics arrived the boy had a pulse but was not breathing on his own.

Let’s all keep this little guy in our prayers for a full recovery. Many near drowning victims suffer brain damage due to lack of oxygen to the brain. Let’s hope this boy and his parents suffer nothing more than a horrendous scare.

Swimming pool drownings in Southern California are nothing new. What is unique about this near drowning is that it happened at a public pool with life guards on duty and with, supposed, professional supervision. In California there are nearly twice as many drownings in backyard pools than in all other pools combined.

Continue reading "Seven-year-old Day Camper Nearly Drowns in Pasadena Pool" »

A Newport Coast motorcycle accident near Reef Point Drive killed a 34-year-old man last Sunday night, according to a news article in The Orange County Register.

Mario Frassetto of Mission Viejo was riding a 2000 Yamaha motorcycle southbound on the Pacific Coast Highway when he veered to the right and hit a guardrail, reportedly for unknown reasons according to the news article’s source, the California Highway Patrol (CHP). Officer Denise Quesada of the CHP reportedly said Frassetto was thrown off by the impact and died at the scene of the crash.

I offer my condolences to the Frassetto family and friends.

According to a study reported by the Insurance Institute For Highway Safety (), five crash types account for 86 percent of fatal motorcycle crashes: motorcycle runs off road (41 percent), motorcycle or other vehicle runs traffic control (18 percent), head on (11 percent), car turns in front of motorcycle (8 percent), and motorcycle goes down in roadway (7 percent) According to the CHP statistics, 26 people died and 730 were injured in motorcycle accidents in Orange County in 2006.

Continue reading "Mission Viejo Man Fatally Injured in PCH Motorcycle Accident" »

A Riverside motorcycle intersection accident near Jurupa Avenue and Van Buren Boulevard killed its rider, according to a report posted on instantRiverside.com.

Rialto resident, Michael Martinez, 57, was in a 1999 Dodge Ram 2500 pick-up truck when he collided with Mira Loma motorcyclist Jeremy Sadach, 26. Sadach died shortly after at the Riverside Community Hospital. Martinez an employee of the City of Riverside’s Public Works Department was uninjured.

My heartfelt condolences to the Sadach family for their tragic loss.

Motorcycle accidents in Riverside County have caused 29 fatalities and 487 injuries in 2006. The 25-34 years-old age group represented the third largest age group for California motorcycle accident fatalities in 2006. This data is available at the California Highway Patrol’s Web site.

Continue reading "Motorcycle Collides With Riverside Public Works Truck " »

Three employees of Mr. C’s Towing Company were arrested recently by the Long Beach Police Department (LBPD) for the illegal towing of cars in Long Beach, according to an article in The Press Telegram.

Bellflower resident Cole Bahlstrom, 32, and Walter Graham, 36, of Apple Valley were arrested on grand theft auto and conspiracy charges and their tow trucks were impounded. Kabel Yan, 23, of Long Beach, a shopping center security guard was also arrested. Nancy Pratt, a LBPD spokeswoman said undercover officers with the Auto Theft Detail Department staked out a Long Beach shopping center at Seventh and Pacific Coast Highway, after receiving many complaints from owners whose cars were towed from that location.

A tow truck towed an officer’s unmarked car within 20 minutes of being parked in the shopping center’s lot. The officers followed the truck as it dropped off the unmarked car at a lot on Loynes Drive and Pacific Coast highway (PCH) and then returned to the shopping center. The truck drivers were arrested after they towed a Nissan pick-up truck that had been parked in the lot for less than five minutes. Pratt said the vehicles had not been strapped down securely in both instances and posed a huge safety risk for other road users. In most cases in California it is against the law to tow a car that has been illegally parked under an hour.

Continue reading "Los Alamitos Towing Co. Employees Arrested For Illegal Towing " »

A Santa Ana big rig accident at the four-way stop intersection of Saint Andrew Place and Poplar Street has killed a 14-year-old boy riding his bike in the crosswalk, according to a news article in The Orange County Register.

Santa Ana police Cpl. Jose Gonzalez said Santa Ana resident Pedro Martinez, 51, was headed west on Saint Andrew Place in a big rig tractor when he hit Esteban Nunez. Nunez reportedly was riding his bicycle southbound in the northbound lane of Poplar and had entered the street intersection without stopping at the stop sign. The boy, a resident of that neighborhood, was not wearing a helmet when he was hit by the moving big rig and dragged under. He was pronounced dead at the scene of the accident.

This is such a tragic and heart wrenching accident. Please keep the boy and his family in your prayers.

The Insurance Institute For Highway Safety (IIHS) estimates that 770 bicyclists were killed in crashes with motor vehicles in 2006. The most serious injuries among the majority of those killed are to the head, highlighting the importance of wearing a bicycle helmet. In Santa Ana there were four bicyclist fatalities and 107 injuries in 2006. This data comes from the California Highway Patrol.

Continue reading "Santa Ana Big Rig Accident Takes Teen Bicyclist’s Life " »

Emilio Morales, a 3-year-old boy drowned in a recent swimming pool accident at a southwest Houston apartment complex, according to a news report in The Houston Chronicle.

The Missouri City boy and his family were reported to have been with friends at the apartments in the 2800 block of Rolido Drive, when the accident happened. Morales was wearing a floatation device in the swimming pool, with his family nearby. But he seemed to have slipped out of the device and drowned unnoticed, said the police. Morales was later pronounced dead at Memorial Hermann Southwest Hospital.

My heart goes out to the Morales family for their tragic loss. Houston is typical of other Sunbelt cities with a plenty of public and residential swimming pools. The U.S. Consumer Product Safety Commission (CPSC) has found that about 350 children under the age of 5 drown in swimming pools each year and for the Sunbelt states drowning is the leading cause of death for young children.

Continue reading "Houston Swimming Pool Accident Kills Toddler" »

A San Bernardino County semi truck accident on Interstate 15 near Devore has critically injured a man who was apparently run over by his own car after it was hit by a large truck on Wednesday, June 25th, according to a news article in The Press-Enterprise.

California Highway Patrol Officer Charles Murray, said the accident happened on the northbound side of the Interstate 15 freeway near Glen Helen Road. The driver of a disabled car had gotten out and pushed it backwards from the shoulder to get to an off-ramp. He had ended up in the slow lane of the freeway when a semi truck struck the car from behind, catching him under its trailer. The truck then dragged the car before hitting the center median of the freeway.

The unidentified driver of the compact car was taken to Arrowhead Regional Medical Center with major injuries. The semi truck driver had pain complaints and was treated at the scene.

San Bernardino County suffers about twice as many large truck injury accidents than the statewide average, based upon population. In 2006 California experienced 7,307 large truck injury accidents, compared to 703 for San Bernardino County. I attribute the number of large truck injury accidents in San Bernardino to its size and heavy truck traffic compared to its relatively small population for its geographical size. These statistics are from the California Highway Patrol.

Continue reading "Devore Semi Truck Accident Injures Man on I-15" »

A Los Angeles car-postal truck collision near the intersection of Hyperion and Lyric Avenue killed a mail carrier recently, according to a report in The Press Telegram.

Los Angeles police Officer Sara Faden said Downey resident Maria F. Gutierrez, 30, was in her postal truck going south on Hyperion when a car going east on Lyric Avenue ran into the truck's right rear, causing it to overturn. Gutierrez was ejected and the truck rolled-over, crushing her. The three passengers of the other car were unhurt while its driver was taken to a hospital with minor injuries.

My deepest condolences to the Gutierrez family and the friends of Maria Gutierrez. Remember Maria was on the streets delivering mail, serving all of us when this fatal Los Angeles truck accident happened.

California suffered 1,293 light truck accident fatalities in 2006. Of that number 66 fatalities occured in Los Angeles according to the California Highway Patrol statistics.

Continue reading "Los Feliz Postal Truck Accident Kills Mail Carrier" »