August 30, 2008

San Diego Construction Accident Kills 16

Sixteen people were injured – three critically – when wooden scaffolding covering a Downtown San Diego pedestrian walkway collapsed along a housing construction site Aug. 28, according to this 10News report. Paramedics reportedly transported three people, a 50-year-old man and two women, ages 57 and 60, to an area hospital to treat what was classified as “life-threatening” injuries. At least 12 others are receiving treatment for moderate to minor injuries from the San Diego Construction Accident.

State investigations from the Occupational Safety and Health Administration (CAL-OSHA) are investigating this incident to find out what caused it and how it occurred. The builder of the affordable housing project, Allgire General Contractors Inc. of Carlsbad, closed the site down immediately after the collapse and ordered that all work be stopped at the site until an investigation is complete and adequate safety measures are taken. All victims were between 16 and 64 years old, the report said.

According to OSHA’s statistics, an average of 88 deaths occurred between the years 2000 and 2004 from scaffolds collapsing. In a Bureau of Labor and Statistics study, 72 percent of workers injured in scaffold accidents attributed the accident either to the planking or support giving way. OSHA has very specific standards when it comes to scaffolds and how they must be constructed and secured.

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August 29, 2008

WHAT BIG OIL PROFITS CAN BUY

By John Bisnar

Outrage hit a fever pitch when Exxon Mobil released its latest record quarterly profits. There was no denying that the results Exxon posted amount to a lot of cash.

But where do they spend it all?

Here’s one source: funding phony think tanks that advocate eliminating the minimum wage, deny global warming, and hope to prevent Americans from receiving justice through the legal system.

Look no further than San Francisco based Pacific Research Institute (PRI). Like other “tort reform” groups, PRI’s funding comes from tobacco, oil, and drug corporations, according to past public donor lists. All have spent millions of dollars to close the doors of the civil justice system, or at a minimum, stack the deck against everyday Americans if they do get in.

PRI has concocted yearly studies that purport to rank state legal climates or put a value on the justice system. The legitimacy of this fiction was illustrated by the 2008 edition, where PRI cited themselves or other tort reform groups no less than 34 times in the footnotes.

Thankfully, serious objective academics reviewed one of PRI’s reports. Three law professors concluded that their claims are “without scientific merit and present a very misleading picture of the American tort system and its costs.”

The professors leveled several criticisms on PRI’s report, calling it “advocacy disguised as science,” “pure fiction,” “lack[ing] scientific merit,” and containing “highly dubious extrapolations.” Additionally, they discovered that none of the statistics or figures were from academic publications or peer reviewed by independent experts. PRI’s assertion that Americans are paying a “tort tax” also holds no water; its origins are a discredited insurance industry appraisal.

It is obvious that PRI went to incredible lengths to dupe the public into believing their research was legitimate and genuine. But why do they care so much about the legal system?

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August 29, 2008

Tustin Personal Injury and Car Accident Lawyers

Historic old buildings, some dating back to the 1880s, are maintained in "Old Town" on Main Street and El Camino Real. The museum shows a living history of those times gone by. And there's more: three trees yet remain of those original massive sycamores that gave Tustin its nickname. And finally, everywhere lining the streets, one still sees trees, trees and more trees in Tustin, The City of Trees.

The Tustin personal injury attorneys at Bisnar Chase have represented the seriously injured in Tustin 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 Tustin 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 Tustin personal injury attorneys at Bisnar Chase today at 1-800-598-6998.

August 28, 2008

California City Hopes to Curb Pit Bull Attacks with New Law

The city of Manteca, California, has passed a new law saying that if you own a pit bull breed you either have to get it fixed, qualify as a legitimate breeder of pit bulls or risk being charged with a crime or having the dog destroyed. According to a news article in the Manteca Bulletin, the law, which takes effect in October, was a reaction to a series of seven vicious dog attacks in Manteca. A majority of those dog attacks involved pit bull breeds.

California law prohibits local municipal ordinances from banning breeds of dogs. But it does allow breeds to be regulated including requiring them to be spayed and neutered. According to the newly passed law in Manteca, the first violation would result in the city impounding the pit bull and disposing of it in accordance with the municipal ordinance. The second offense is a misdemeanor punishable by imprisonment in county jail for a period not to exceed six months and a fine of up to $1,000.

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August 27, 2008

Should You Let Your Insurance Company Become Big Brother?

As if dealing with insurance companies from time to time is not enough, there is a proposed California Bill, AB 2800, which would let auto insurance companies put a black box tracking device in your car. This box would essentially let the insurance Big Brothers keep track of when, where and how you drive. What’s more, insurance companies can charge you a penalty if you refuse to be tracked. So, basically, if you want to protect your privacy, you can be penalized for it.

Insurance companies’ argue that this bill is not about them keeping track of your driving, but only about verifying the number of miles you drive. I agree with Carmen Balber, a consumer advocate with the group, Consumer Watchdog. Balber wrote an Op-Ed for the Sacramento Bee () on this issue. As she puts it, this bill does nothing but give “insurers fresh ways to charge you more.”

Some insurance companies such as State Farm are already lobbying the California Department of Insurance for insurers to be able to collect for the time of day you drive, days of week, type of road, where your miles are driven, speed and even how aggressively you drive by measuring hard stops, starts or turns. So does that mean an insurer can increase rates if you work a night shift as a cop or a nurse? Does that mean you could get penalized for making a couple of hard turns or driving too fast or too slow?

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August 27, 2008

Santa Ana Personal Injury and Car Accident Lawyers

Welcome to Santa Ana, California. Founded in 1869, Santa Ana has long been the county’s government powerbase. Today, this historic city serves as Orange County’s downtown. Businesses, tourists and locals come to Santa Ana for its fresh, unexpected experiences – from gleaming, technologically advanced office buildings and innovative exhibits at the many museums and galleries, to luxury high-rise living and distinctive restaurants.

The Santa Ana personal injury attorneys at Bisnar Chase have represented the seriously injured in Santa Ana 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 dog bite incident, suffered a brain injury, or even were the victim in an Santa Ana auto accident, 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 Santa Ana personal injury attorneys at Bisnar Chase today at 1-800-598-6998.

August 26, 2008

Victorville DUI Accident Kills Woman, Granddaughter

Deborah Pearson, 51 and her granddaughter Delaney Pearson, 4 were killed on Aug. 23 in a Victorville auto accident triggered by a wrong-way driver suspected of driving under the influence on the 15 Freeway. According to an article in the Orange County Register, 27-year-old Jason Morgan of Victorville was driving a 2001 Chevrolet Silverado 1500 pickup south on the northbound side of the freeway when an oncoming motorist driving a 2008 Pontiac swerved to avoid him and struck the center guardrail, California Highway Patrol officials said.

Morgan then struck a 2004 Hyundai Santa Fe SUV head-on and then a 1999 Toyota. Ryan Pearson, 27, driver of the Hyundai, suffered moderate injuries, but the impact of the crash killed his front passenger, Deborah Pearson and 4-year-old Delaney. Another passenger in the vehicle, two-year-old Regan escaped with minor injuries. Morgan, the wrong-way driver, also suffered severe head injuries, but has been arrested on suspicion of felony DUI and vehicular manslaughter.

I offer my deepest condolences to the Pearson family that is grieving the death of their loved ones. Please keep this family in your prayers.

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August 26, 2008

Newport Beach Pedestrian Accident Claims Woman's Life

Michelle Kim, 54, of Redondo Beach died in a Newport Beach pedestrian accident on Monday morning after she was hit by the driver of a Honda Odyssey while walking to her job at Glidewell Laboratories near the intersection of MacArthur Boulevard and Dove Street. According to an article in the Daily Pilot, 35-year-old Sung Van Le of Santa Ana was not speeding or driving under the influence when he hit Kim.

This was a tragic accident and I offer my condolences to Kim’s family for their loss. This accident happened right in front of our office and I watched a portion of the investigation. Although I did not know Kim, I will always remember her when I leave the office for home as I pass over the exact spot where this fatal Newport Beach pedestrian accident occurred.

From the newspaper reports, it is not clear why this accident happened. Le reportedly said he saw Kim on the sidewalk before the collision. The best I can figure at this point is that both Kim and Le were not paying attention to their surroundings or their relative positions immediately before the collision. From a legal standpoint, based upon the point of impact that I saw marked on the street, Le would have had a clear sight of Kim crossing the street in front of him.

The fact that Le saw Kim on the sidewalk and had a clear line of sight for the approximate 200 feet from the time he turned onto Newport Place to the point of impact, if I were representing Kim’s heirs, there is not much doubt that I would be able to hold Le civilly responsible for Kim's death. On the other hand, I am sure there are talented defense attorneys that would advocate the position that Kim was fully or partially responsible for her own pedestrian accident. They would argue that Kim was jaywalking and stepped out into the path of Le’s car without sufficient time or distance for Le to react to prevent the accident from happening.

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August 25, 2008

Orange Personal Injury and Car Accident Lawyers

The City of Orange was incorporated on April 6, 1888 under the general laws of the State of California. However, Orange dates back to 1869 when Alfred Chapman and Andrew Glassell, both lawyers, accepted 1,385 acres of land from the Rancho Santiago de Santa Ana as legal fees. Soon thereafter, the men laid out a one square mile town with ten-acre farm lots surrounding a forty-acre central town site. The center of the town site became known as the Plaza, which has become the symbol of the community. Today, the Plaza and the majority of the original one square mile town site contain many homes and buildings dating to the early days of the City; the site is registered on the National Register of Historic Places.

The Orange personal injury attorneys at Bisnar Chase have represented the seriously injured in Orange 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 Orange 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 Orange personal injury attorneys at Bisnar Chase today at 1-800-598-6998.

August 24, 2008

California Dog Attack Severely Injures Toddler

A 4-year-old boy suffered severe facial injuries in a Chester, California dog attack, after a neighbor’s dog bit him, the Chester Editor reports. Avery Stout was reportedly playing with his older brothers in the neighborhood the afternoon of Aug. 12 when the attack occurred. Avery’s father Dan Stout said he saw a huge cut on his son’s face and his lower lip looked “like it was hanging off, like it was chewed off and just hanging there.”

It took 60 stitches to close up that large cut, which began in the center of Avery’s nose, continued through his lips and ended with a small cut on his chin. The little boy is now facing plastic surgery. Not only that, because Avery’s lower lip had no blood circulation for a long period of time, surgeons may have to remove it.

Chester’s dad is unhappy with the county for not promptly sending out an animal control officer to take custody of the dangerous dog and with the dog owner for letting his dog roam the neighborhood without a leash. I absolutely support the father’s assertion that the county put the entire neighborhood in danger by not catching the dog in a timely manor. Stout compares living with the fear of a dog attack to living in a neighborhood where drive-by shootings occur.

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August 23, 2008

Orange County Nursing Home Negligence Alleged

The family of a neglected elder in Orange County has filed a lawsuit against a Laguna Hills nursing home alleging negligence and understaffing by the nursing home owner, The Orange County Register reports. The family of 91-year-old Therese Sperry is suing Villa Valencia Health Care Center owned by Virginia-based Sunrise Senior Living.

There is a history of nursing home negligence and abuse issues at the nursing home in question, having received five health and safety citations over the last 10 years from state health regulators. The same nursing home also recently paid $2 million in damages in connection with the death of another patient. According to the lawsuit filed by Sperry’s family, the woman who had Alzheimer’s, developed pressure ulcers on her feet during her two-week stay at the nursing home, which they say went untreated. As a result, the ulcers spread to her muscles and bones causing great pain and suffering until she died.

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August 22, 2008

Mission Viejo Personal Injury and Car Accident Lawyers

Mission Viejo is a city of dedicated providers of municipal services and stewards of the public trust. They believe in promoting the well-being of a community where caring people are the difference. Through Public Service, Integrity, Teamwork, Innovation and Excellence, Mission Viejo is committed to preserving and enhancing the quality of life within their city.

The Mission Viejo personal injury attorneys at Bisnar Chase have represented the seriously injured in Mission Viejo 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 Mission Viejo 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 Mission Viejo personal injury attorneys at Bisnar Chase today at 1-800-598-6998.

August 22, 2008

Riverside Industrial Accident Results in Crushed Worker

Jason, James Mohelski, 32, of Victorville died in an industrial accident in Riverside on Aug. 19 after he was crushed between a tire and the cab of a fire truck he was inspecting, the Riverside Press Enterprise reports. Mohelski was reportedly working on the truck at Johnson Power Systems in Riverside when he got crushed and suffered the fatal injuries.

Cal-OSHA, the state’s occupational safety and health agency, is investigating this on-the-job fatality. My heart goes out to Mohelski’s family. I offer my condolences to them.

According to the California Department of Occupational Safety and Health (DOSH), every employer in California is required under the state’s Labor Code to provide a safe and healthful workplace for all employees. Title 8 (T8), of the California Code of Regulations (CCR), requires every California employer to have an effective Injury and Illness Prevention Program in writing that must be in accord with T8 CCR Section 3203 of the General Industry Safety Orders.

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August 21, 2008

Alabama 15 Passenger Van Rollover Accident Leaves 1 Dead, 5 Injured

One person died and five suffered severe injuries in a 15-passenger van rollover accident, when the van carrying a church group from Ohio blew a tire and overturned on the southbound Interstate 20/59 on the afternoon of Aug. 15. According an article in the Tuscaloosa News. The driver of the van, 45-year-old Diane L. Hill of Euclid, Ohio, died in the crash. The five injured passengers who were transported to an area hospital were: Obadiah Miliner, 68; Patricia Lewis, 62; and Terrell Jackson, 39, Lillian Robinson, 55 and Michael Miliner, 35. All were either members or clergy from the Unity Baptist Church in Cleveland, Ohio.

The 15-passenger van was reportedly carrying only six people, all headed to an annual church event in Mississippi. The driver of the van reportedly lost control of the vehicle after a tire blew. The van rolled over and hit the median.

My heart goes out to the victims of this horrible accident. I offer my condolences to Hill’s family and my wishes and prayers for a speedy recovery go out to the injured victims.

The unfortunate fact is that this is an accident, which could have been prevented, that statistically it was an accident waiting to happen. Once that tire blew at freeway speeds, Hill had almost no chance to keep the van from rolling.

The National Highway Transportation Safety Administration (NHTSA) has issued several safety alerts about the dangers of the 15-passenger van. Here’s a link to a comprehensive Web site that talks about these hazardous vehicles that are no better than death traps.

My partner, Brian Chase, a national expert on 15 passenger van rollover crashes, has consistently maintained that these vehicles are dangerously unstable and cause accidents. Among the design flaws of these 15 passenger vans is that they use stadium style seating where passengers in the back are sitting at a slightly higher elevation than people in front of them. This causes the center of gravity in 15 passenger vans to move even higher than when the van is empty. So in the event of a tire blowout, these vans could become unsteady and roll over, especially when the driver is trying to overcorrect or take evasive action.

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August 20, 2008

Lake Forest Personal Injury and Car Accident Lawyers

The City of Lake Forest is located in the heart of South Orange County and the beautiful Saddleback Valley. The City's motto, "Remember the past, challenge the future," is the Lake Forest way of life. The rich heritage of the past is preserved and enhanced in this contemporary city ready to meet the challenges and opportunities of the future. Incorporated as a city in 1991, Lake Forest has been carefully master-planned to help ensure that it will always be an ideal place for business to prosper and people to live, work and play.

The Lake Forest personal injury attorneys at Bisnar Chase have represented the seriously injured in Lake Forest 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 Lake Forest 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 Lake Forest personal injury attorneys at Bisnar Chase today at 1-800-598-6998.

August 20, 2008

Santa Maria ATV Accident Claims Man’s Life

Joaquin Monreal, 26, of Santa Maria, reportedly died in a California ATV accident at the Oceano Dunes recreation area. According to this news report, Monreal went missing after a late-night right on his all-terrain vehicle. Friends, who went out looking for him, found Monreal unconscious, lying in the sand next to his ATV. He was reportedly pronounced dead at the scene.

Officials, who are investigating the accident, say they don’t know how the ATV accident occurred and don’t have any eyewitnesses. They also say Monreal was wearing proper safety gear and the weather was not a factor in the crash. Park rangers say Monreal must’ve died waiting for help. Rangers recommend ATV riders to go out in groups of at least three so one person can stay with the injured person and administer aid while the other goes out to get help. This is reportedly the fourth fatal ATV accident in the area this year. There were three in 2007.

It’s too early to tell what caused the death. The investigation is complicated by the fact that there were no witnesses who saw it happen and Monreal was equipped with safety gear and doesn’t seem to have been intoxicated, although the coroner is still conducting an autopsy and toxicology tests to determine the cause of death.

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August 19, 2008

Nursing Homes Should Warn Residents about Sex Offenders In Their Facilities

Unites States lawmakers are now taking a hard look at sex offenders in nursing homes and long-term care facilities, which has becoming a significant problem and an important component of the issue of nursing home abuse in this country. According to a recent article in USA Today, federal lawmakers are becoming more and more convinced that nursing homes must be required by law to tell people if there is a sex offender present in the nursing home.

Between 2005 and 2006, several states, including California, Illinois, Minnesota and Oklahoma, passed laws requiring that long-term care homes receive notice about sex offenders who are admitted to their facilities. Sex offenders make their way to nursing homes in many ways. Some are sent there from prisons if they need long-term care. Others are admitted to nursing homes by social service agencies.

A U.S. Government Accountability Office (GAO) report in 2006 found that at least 700 registered sex offenders live in nursing homes and care facilities across the country. The problem here is that the law is not very clear in requiring that nursing homes inform residents and their families about these sex offenders.

Some states require that schools, churches or neighborhoods be notified when sex offenders move in to an area, but few specify that nursing homes be informed when a sex offender is admitted. The same GAO report looked at laws in eight states and found that 50 percent did not mandate that nursing home operators or residents be notified about sex offenders who move in.

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August 18, 2008

Laguna Hills Personal Injury and Car Accident Lawyers

Laguna Hills is built on one of the major land grants developed during the Rancho Era. Following Mexico's independence from Spain in 1821, those who had served in the government or who had friends in authority, were given vast lands for cattle grazing. Rancho Lomas de Santiago, Rancho San Joaquin, and Rancho Niguel covered much of the western portion of the Saddleback Valley. Don Juan Avila was granted the 13,000 Rancho Niguel on which Laguna Hills is located.

The Laguna Hills personal injury attorneys at Bisnar Chase have represented the seriously injured in Laguna Hills 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 Laguna Hills 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 Laguna Hills personal injury attorneys at Bisnar Chase today at 1-800-598-6998.

August 18, 2008

Canyon Country Dog Bite Victim Suffers Injuries

A woman in Canyon Country suffered severe injuries after both she and her Chihuahua were attacked by two Pit-Bulls during a walk. According to an ABC News report, Tempo Edwards was walking her dog when two pit-bulls attacked her. Edwards reportedly suffered bite marks on her hand and neck. The district attorney is looking at filing criminal charges against a Canyon Country man believed to be the owner of the two Pit- Bulls.

The pit-bulls first went after Edward’s dog and then her. One of the dogs locked its jaw around her neck and knocked her down. Neighbor Lillie Troncale, who came to her rescue, managed to scare the dogs and get them off Edwards, who reportedly had undergone a kidney transplant recently. Her doctors are now concerned about possible infection from the pit-bull dog bites.

Thank goodness Troncale was near by and acted quickly. She probably saved Edward’s life. I wish Edwards a speedy recovery. I also hope the district attorney goes through with the prosecution of the dog owner.

According to statistics from the U.S. Centers for Disease Control, Pit Bulls and Rottweilers accounted for more than half the fatal dog attacks between 1977 and 1998. Over two thirds of the people I have represented in dog attack cases were bitten by either Pit Bulls or Rottweilers.

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August 17, 2008

Irvine Auto Accident Claims Life of Orange County Woman

Nina Arabian, 77, of Irvine, died in an Irvine auto accident Aug. 15 after the car she was a passenger in struck a wall surrounding a gated community, The Orange County Register reported . The Orange County Coroner said that Arabian died of blunt force trauma after the vehicle hit the wall at the intersection of Hiilsborough and Stonecliff Aisle, Irvine police officials say.

Arabian was reportedly rushed to an area hospital where she died. The driver of the car, whom officials did not identify, was neither detained nor arrested. Officials are still investigating this accident and it is too early to tell exactly what happened or caused this tragic Orange County auto accident.

My deepest condolences to Arabian’s family, loved ones and friends. Hopefully Nina didn’t suffer.

This accident could have been caused by any number of factors. This could be simply a case of a negligent driver losing control of her vehicle. Then again, the driver might not be at fault ata all. The driver could have slammed into the wall due to a defect in her automobile, a mechanical malfunction, debris on the roadway, the actions of another vehicle and so on. There may be something or someone responsible other than the driver.

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August 17, 2008

Orange County Drunk Driving Accident On Dangerous Roadway Kills Skateboarder

Nathan Gonzalez, 14, of Mission Viejo, who suffered severe head injuries after being struck by a drunken driver as he was skateboarding with friends on Los Alisos Boulevard Aug. 10, has died. Neighbors and residents of Aliso Villas where this fatal Orange County auto accident occurred are saying that for years, they’ve asked City Council to improve the dangerous conditions on that roadway, The Orange County Register reports .
They say there is poor visibility on the street because it is pack with cars parked by Madero street auto mechanic businesses.

Neighbor Kathy Miramontes tells the Register that in the past she has petitioned the city for speed bumps and even got the city to paint the curbs red and got a trailer to monitor speed of vehicles traveling through the neighborhood. Officials arrested Johnny David Perez, 25, on suspicion of driving under the influence and striking Nathan.

I offer my deepest condolences to Nathan’s parents. Maybe Nathan’s traffic death will lead the city to take Kathy Miramontes’ and other local residents’ complaints and suggests seriously.

There is little doubt that Perez will be held civilly and criminally responsible for Nathan’s fatal auto accident injuries. But neighbors such as Miramontes raise important issues. For years, they have approached the city of Mission Viejo to alert city officials about several dangerous conditions that exist on that roadway. The city apparently did take a few steps to monitor speeding motorists.

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August 17, 2008

Corona Pedestrian Accident Claims Man's Life

Filiberto Napoleone, 76, of Corona, was reportedly struck by a sport utility vehicle Aug. 14 at a busy Corona intersection, according to this news report. Napoleone was walking on Border Avenue when he was hit southeast of Fraser Circle. He was reportedly pronounced dead at the scene of the California pedestrian accident.

According to the California Highway Patrol’s Statewide Integrated Traffic Reporting System (SWITRS), there were three pedestrian fatalities in Corona in 2006. There were 30 pedestrians reportedly injured in Corona traffic accidents. In Riverside County, 48 pedestrian fatalities and 464 pedestrian accident injuries were reported for that same year.

My heart goes out to Napoleone’s family. I’m deeply sorry for their loss.

This and other news reports don’t shed much light on how this Corona fatal pedestrian accident occurred. They don’t say exactly how the accident occurred. We don’t know too many details about the driver of the SUV. We don’t know whether alcohol and/or drugs were involved in the incident.

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August 17, 2008

Nursing Homes Evicting Frail And Ill Residents

Exploitation by nursing homes is hitting an all-time high or an all-time low, whichever way you want to look at it. According to this in-depth report by the Wall Street Journal, nursing homes across the country are trying to evict frail and ill residents and replacing them with shorter term residents who are likely to bring in more revenue.

What does the law say? Can nursing homes actually kick out the weak and vulnerable to make a quick buck? Federal law and state laws are supposed to protect nursing home residents from eviction. But the loophole in the law is that these laws don’t protect residents of assistant living facilities.

Particularly vulnerable to eviction are those who are dependent on Medicaid. Still, patient advocates and state officials say many nursing homes are crossing the line when they use some excuse to get rid of those residents who are simply inconvenient or too expensive to keep on such as those with dementia or those who depend on Medicaid to pay their bills.

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August 16, 2008

Fatal San Diego Pedestrian Accident Claims Man’s Life

James Tedrow Gauntt, 24, of Los Angeles was killed in a San Diego pedestrian accident on the Del Dios Highway in Rancho Santa Fe after he was struck by two cars, one of them a hit-and-run vehicle, according to a news report in the San Diego Union-Tribune.

The accident reportedly occurred when Gauntt was walking after spending a night out with friends. He was hit by a 23-year-old San Marcos man driving a Honda Civic westbound on the highway near Calle Ambiente, according to California Highway Patrol officials.

The driver told officials that he swerved to avoid striking Gauntt, but couldn’t stop in time. The car rolled over, but the driver was uninjured. CHP officials say based on physical evidence that two other vehicles drove by shortly after the pedestrian accident, one striking Gauntt and the other hitting the overturned Civic. Neither one of those vehicles stopped to help Gauntt or the driver of the Civic, officials said.

If you have information about the two hit-and-run drivers, please call the Oceanside CHP at 760-757-1675.

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August 15, 2008

Irvine Personal Injury and Car Accident Lawyers

The City of Irvine was incorporated on December 28, 1971, under the general laws of the State of California. The city operates under a charter law form of government which was adopted in 1975, meaning Irvine has a City Council-City Manager form of government. The City Manager is appointed by the City Council to function as the chief administrator of the City.

The Irvine personal injury attorneys at Bisnar Chase have represented the seriously injured in Irvine 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 Irvine 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 Irvine personal injury attorneys at Bisnar Chase today at 1-800-598-6998.

August 14, 2008

Roof Crush Standard Delayed By NHTSA

Federal safety regulators are delaying a tougher vehicle roof-strength standard by three months, according to a news report in the Detroit Free Press. This more stringent standard is expected to prevent highway deaths in rollover accidents that caused vehicles with weak roofs to cave in and crush causing numerous fatalities, brain and spinal injuries.

The new roof crush standard, which was supposed to have been in place by July 1, will instead be issued Oct. 1, according to a recent announcement made by the National Highway Transportation Safety Administration (NHTSA). Safety advocates reportedly told regulators June 4 that the proposed rule was inadequate and that the federal safety agency should take more time to strengthen the proposed standard.

More than 10,000 people die in the United States each year in rollover accidents. Many of these auto accidents involve sport utility vehicles, which are prone to rollovers because of their high center of gravity. Recent studies by the Insurance Institute for Highway Safety showed that Ford Explorer and Chevrolet Suburban, especially the older models, had the worst roof strength which has been confirmed by our own testing.

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August 13, 2008

Lancaster Motorcycle Accident Kills Los Angeles County Fire Captain

Los Angeles County fire Capt. John Ellis, 55, was killed in a motorcycle accident in Lancaster, according to a CBS News report. The fatal motorcycle accident occurred at 70th Street West and Avenue I Saturday night when the 42-year-old driver of a Chevrolet pickup truck pulled into the intersection in the path of the motorcycle, which then struck the pickup. Ellis was taken to a hospital in Antelope Valley where he was pronounced dead. All the occupants of the pickup truck were reportedly uninjured.

My deep condolences to the family of Capt. Ellis as well as his friends and co-workers in the Los Angeles County Fire Department.

There are few details about the motorcycle accident that have been released. According to the reports I read the pickup truck pulled into the path of Ellis at the intersection and he and his motorcycle struck the pickup Clearly it appears the driver of the Chevy pickup was at fault for failing to yield right of way to through traffic at that intersection. The driver probably just did not see the motorcycle approaching the intersection, which is common in these types of accidents.

According to research published by the Insurance Institute of 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 collision(11 percent); vehicle turns in front of motorcycle (8 percent); and motorcycle goes down in roadway (7 percent).

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August 13, 2008

San Francisco Helicopter Crash Kills 9; Injures 4

Officials believe a San Francisco helicopter crash has killed eight firefighters and one pilot involved in battling a wildfire in Northern California. According to an Associated Press news report , the Sikorsky S-61N helicopter was destroyed after it crashed in the Shasta-Trinity National Forest. Officials have still not been able to pinpoint why the accident occurred. Four others who were in the helicopter suffered severe burns. Two are in critical condition.

Some of the firefighters, including those in the hospital, were reportedly employed by firefighting contractor Grayback Forestry, based in Merlin, Oregon. The helicopter was owned and operated by Carson Helicopters Inc., a Pennsylvania company whose firefighting operations are based in Grants Pass, Oregon.

There are several possibilities for what went wrong and who is responsible for this fatal helicopter accident. Officials are still trying to recover the bodies of the helicopter accident victims from the wreckage. Please keep the victims and their families in your prayers.

Many questions arise out of this incident. Was this a pilot error? Was it an air traffic controller’s error? Was it a maintenance issue? Or was it caused by a defective part? The injured men will get their workers’ compensation benefits. But they and their families will also find out that the benefits they are entitled to through California’s workers’ compensation system are embarrassingly low.

If this helicopter accident and the resulting injuries are the fault of a third party, the injured and the families of the deceased will be entitled to the full measure of compensation – as much as 20 times what the workers’ compensation system will provide. A third party would be the pilot, air traffic control, spotters, whomever was responsible for maintenance of the helicopter and so. A third party is pretty much anyone other than an employer or co-employee.

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August 13, 2008

Huntington Beach Personal Injury and Car Accident Lawyers

The dynamic coastal City of Huntington Beach, with its sunny Mediterranean climate and idyllic setting, is home to more than 195,000 residents. Internationally known as Surf City, Huntington Beach boasts eight miles of scenic, accessible beachfront, the largest stretch of uninterrupted beachfront on the West Coast. Tourism remains a vital part of the economy, as over 11 million visitors flock to the city during the summer, on weekends and for special events.

The Huntington Beach personal injury attorneys at Bisnar Chase have represented the seriously injured in Huntington Beach 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 Huntington Beach 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 Huntington Beach personal injury attorneys at Bisnar Chase today at 1-800-598-6998.

August 13, 2008

Orange County Car Accident Leaves Skateboarder With Severe Head Injuries

Nathan Gonzalez, a 14-year-old Mission Viejo skateboarder, is fighting for his life after he was struck by a drunken driver Sunday evening and suffered severe head injuries, The Orange County Register reports. Nathan had been skateboarding with friends in the Aliso Villas neighborhood near Los Alisos Boulevard when the accident occurred.

The driver, 25-year-old Johnny Perez, was headed northbound in his Dodge Durango on Los Alisos when he hit the Nathan. Nathan was reportedly crossing the street with his friends when the SUV hit him. Nathan hit the hood and flew about 40 feet. The city’s police chief, Lt. Steve Bernardi is calling this incident the worst Orange County auto accident he’s seen involving a skateboarder and a vehicle. Perez has been arrested on suspicion of driving under the influence.

Please keep Nathan in your prayers. Good luck Nathan, we are wishing you a speedy, full and complete recovery.

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August 12, 2008

Orange County Personal Injury Lawyers and Auto Accident Attorneys

Orange County, California is unique in that its inhabitants draw their cultural identity from the county instead of Anaheim, its major city or Santa Ana, the county seat. According to most publications’ portrayals, Orange County is a center for the affluent and politically powerful. Affluence is practically a must around Orange County given that its housing market is the second most expensive in the country. Orange County is also the home of Disneyland and, centered on Irvine, the southern California Technical Coast.

For over 30 years, the Orange County personal injury attorneys at Bisnar Chase have represented the seriously injured in communities throughout the area. As personal injury and wrongful death attorneys dedicated to fighting for the rights of those injured due to the negligence of others, we focus our practice on handling only wrongful death and serious personal injury cases. Whether you were injured in an Orange County pedestrian accident, amusement park accident, suffered an on-the-job injury or you need representation in an Anaheim nursing home abuse, dog bite injury or auto product liability case, the experienced Orange County personal injury lawyers at Bisnar Chase can help you and your family gain both the compensation you need and the peace of mind you deserve.

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 are free regardless of location: in one of our offices, in your own home or even in your hospital room. Waiting is never a good idea for the severely injured; call the Orange County, CA personal injury lawyers at Bisnar Chase now at 1-800-259-6373.

August 11, 2008

Fatal Chartered Bus Accident In Texas Kills 14, Injures 40

Fourteen people were killed and 40 suffered severe injuries after a charter bus taking worshippers from the Vietnamese Martyrs Church of Houston to a religious festival in Carthage, Missouri, blew a tire and crashed on Highway 75 north of Dallas. According to an Associated Press news report, the bus’ right front tire blew after which it skidded across a guard rail before sliding off the highway on the other side of a bridge over a creek, landing on its side. Texas state troopers say this is one of the worst fatal bus accidents in their state’s history.

According to police and fire officials, 12 people died on the scene and two died in hospitals. At least six people are said to be hospitalized in critical condition. National Transportation Safety Board (NTSB) officials are still investigating the cause of the bus accident. It could take up to 18 months for their investigation to be completed. This bus accident reportedly occurred less than a mile from the spot where a truck driver crossed the median and killed 10 people about five years ago in another fatal truck accident.

I offer my deepest condolences to the families of the deceased. I wish survivors a speedy recovery from their injuries. Please keep the victims and their families in your prayers.

I’d be very interested to know all the contributing causes to this accident and the resulting injuries. Preliminary reports say that the bus’ tire blew and it then veered out of control and crashed. I would want to know if the tire that blew was a defective auto product or if the tread separated. According to the Federal Motor Carrier Safety Administration (FMCSA), there were 299 fatal bus crashes and more than 12,000 injury crashes involving buses in the United States in 2006. Bus crashes commonly occur because of driver error, mechanical defects, poor vehicle maintenance, a defective auto product or a dangerous road condition.

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August 11, 2008

WhoCanISue.com: Bad Taste Mockery or Marketing Genius?

WhoCanISue.com has ridiculous written all over it yet, Time magazine recently published an article about the new attorney referral marketing website that’s all set to go live next month.

Right from its name, to its “slip on a banana peel” graphics, to its tagline “The Legal Process Made Easy,” the website makes a mockery of our tort system of accountability. It infers that holding a wrongdoer financially accountable for injuries they have caused is easy. It makes fun of lawyers and lawsuits, implying that lawsuits are frivolous and an easy way to make easy money. It isn’t enough that Time magazine wrote about it but night time talk show hosts are making jokes about it and lawyers are complaining about it on their blog which combined has flooded the website with traffic and it isn’t even live yet.

WhoCanISue.com isn’t even a law firm marketing for clients they intend to represent. WhoCanISue.com is a “referral” website, meaning the sponsors of the site are not looking to perform legal work for prospective clients. This is a pure advertising site. Personal injury attorneys pay money to advertise on the site in hopes of attracting new clients to themselves. WhoCanISue.com makes money by selling space on the website to attorneys.

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August 11, 2008

Dog Bites Boy At Oregon Animal Shelter

Breshan Coburn, 9, of Corvallis, Oregon, suffered punctures and bruises to his arms and . stomach after being attacked and bitten by a loose pit bull at Heartland Humane Society’s animal shelter in Corvallis, according to this article in the Gazette-Times. Breshan was reportedly at the shelter with his parents, Penny and Kevin Coburn, when he suffered the dog bite attack when a pit bull-heeler mix bolted from his kennel and attacked the boy.

Breshan’s parents found out that the pit bull got away because the kennel’s gate was inoperable. . It didn’t have a functional latching mechanism. Kevin Coburn, who managed to pull the dog off his son and drag it back to its kennel, found that the U-shaped latch was bent and could not be closed.

It is unfortunate that Breshan suffered such a traumatic dog attack in a place where he went to adopt a dog. The Heartland Humane Society and employees are responsible for keeping the animals secured and visitors safe.. The Humane Society’s officials knew the dog might pose a danger due to its known history. That knowledge imposed upon them a higher duty to protect visitors to the animal shelter.

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August 11, 2008

Garden Grove Personal Injury and Car Accident Lawyers

Garden Grove is a vibrantly progressive and growing city located just south of Los Angeles in Orange County, California. Their motto, "The City of Youth and Ambition," accurately reflects this culturally diverse community of over 170,000 people. Garden Grove is home to four annual cultural festivals that celebrate the Vietnamese, Korean, Arabic, and American heritage. Garden Grove's Strawberry Festival, nearing 50 years old, is the largest community-based Memorial Day event in the western United States.

The Garden Grove personal injury attorneys at Bisnar Chase have represented the seriously injured in Garden Grove 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 a Garden Grove auto accident, suffered a brain injury, or even were the victim in an Garden Grove 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 Garden Grove personal injury attorneys at Bisnar Chase today at 1-800-598-6998.

August 10, 2008

Train Accident results in $1.97 Million for California couple

A jury in Hinds County, Mississippi decided that the Illinois Central Railway must pay $1.97 million to a California couple for injuries they suffered four years ago in an Amtrak train accident in that state. According to this news report on Clarionledger.com,Sheila Doyle Lortz, 58, of Murphys, California, suffered back and head injuries and now suffers from chronic pain after a derailment near the Madison-Yazoo county line in Kearney Park, Mississippi. Her husband, Charles Lortz, suffered minor injuries.

The couple was traveling in an observation car when the train derailed. The train had left New Orleans and was headed to Chicago when the railroad accident happened. Many others who were injured in the derailment also filed lawsuits, but the couple’s was the first one to go to trial. The train had derailed on the same tracks where a freight train carrying hazardous chemicals derailed in 1997, forcing the evacuation of 4,000 area residents. Three other freight trains have derailed on those tracks within that five-mile stretch, once in 1986 and two times in 1994.

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August 9, 2008

Orange County Auto Accident Victim Suffers Miscarriage

Holly Griggs, 38, of Huntington Beach, who was injured in a hit-and-run auto accident with mixed martial artist Quinton “Rampage” Jackson on the 55 Freeway has suffered a miscarriage, the Daily Pilot reports . Griggs was reportedly driving her 2007 Cadillac Escalade in the left lane on the southbound 55 Freeway July 15 when Jackson’s pickup truck sideswiped her as he drove along the median lane, California Highway Patrol officials say. Griggs was reportedly 16 weeks pregnant at the time.

Jackson fled the scene, but Costa Mesa police caught up with him after a high-speed, high-risk chase as Jackson weaved through traffic with a flat tire while talking on the phone, running several red lights, driving over concrete islands and nearly striking pedestrians. He was arrested after he headed into oncoming traffic and hit another car.

Prosecutors are yet to file charges against Jackson. There is no question that he must and will face criminal charges for his reckless driving and failure to stop at the scene of the Costa Mesa auto accident. It will be interesting to see how the district attorney’s office charges Jackson. California law does not provide for any type of manslaughter charge for the death of an unborn child. California law does provide for the possibility of a murder charge where the facts warrant such a charge. However, a traffic accident of this nature would not warrant a murder charge. I trust the Orange County District Attorney’s office will prosecute Jackson to the fullest extent of the law. Lot’s of people are going to be watching this case.

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August 8, 2008

Fatal Ventura Big Rig Accident Kills Motorcyclist

Charles Lowe, 53, of Oxnard died in a fatal Ventura truck accident on Highway 101 after his vehicle collided with a tractor-trailer, the Ventura County Star reports . Lowe was reportedly traveling north on the freeway near East Main, when he hit a tractor trailer in the right lane, California Highway Patrol officials said. The motorcycle flipped on to its side and threw Lowe into the road. The driver of the big rig, 27-year-old Javier Tamayo, was reportedly uninjured.

I offer my deepest condolences to Lowe’s family and Charles’ friends for their enormous loss.

Motorcycle accidents have been steadily climbing especially in states such as California and Florida where their popularity is ever-increasing. In 2006 there were 11 motorcycle accident fatalities and 224 reported injuries from motorcycle accidents in Ventura County alone, according to the California Highway Patrol’s motorcycle accident statistics.

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August 8, 2008

Fullerton Personal Injury and Car Accident Lawyers

Located 22 miles southeast of metropolitan Los Angeles, in the center of North Orange County, Fullerton is a full-service city renowned for its unique mix of residential, commercial and industrial, educational, and cultural environments which provide an outstanding quality of life for both residents and businesses alike. Fullerton, one of the largest cities in Orange County, is a community with a strong sense of tradition, one that treasures its historic past as it prepares to meet the challenges of its future.

The Fullerton personal injury attorneys at Bisnar Chase have represented the seriously injured in Fullerton 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 Fullerton 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 Fullerton personal injury attorneys at Bisnar Chase today at 1-800-598-6998.

August 7, 2008

Fatal Pedestrian Accident in Inglewood Claims Life of 19 Year Old

Armando Daniel Espinoza, 19, died in an Inglewood pedestrian accident Sunday after he was struck by a car at the intersection of Prairie Avenue and 107th Street in Inglewood, according to a news article in the Daily Breeze. Espinoza reportedly ran across the street in front of a car, Inglewood police officials say. They are looking into toxicology tests to determine if Espinoza was under the influence of alcohol. Officials say there are several bars in that area. Espinoza died from major heard injuries.

I offer my condolences to Espinoza’s family. If I were a family member, I would want to find out what really happened. This accident reportedly occurred at 2:30 a.m. when there are likely to be very few eyewitnesses. It is not clear from this news report as to who saw Espinoza “running across the street” into the path of the car.

It puzzles me why the news report seems to be placing blame on Espinoza and not on the driver that hit him. Is there a toxicology report being done on the driver? Was he/she in one of those bars drinking to the last moment of service? Who substantiated the driver’s version of this fatal California pedestrian accident.

Unless there are eyewitnesses other than the driver of the car who hit Espinoza that say Espinoza ran into the street directly in front of the car that hit him, I wouldn’t buy it. If the physical evidence at the scene and of the car that hit Espinoza don’t match the driver’s story, I’d be highly suspect about what really happened. Espinoza’s family would be well-advised to consult a reputed personal injury attorney who will not only conduct a thorough, independent investigation to find out what really happened, but will also fight to protect their legal rights.

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August 7, 2008

Los Angeles Auto Accident Kills Siblings

Alan J. Pogglo, 23, and Lindsay Pogglo, 22, both of Shafter, have died in a Sylmar rear-end collision auto accident on the 5 Freeway in the Sylmar area of the San Fernando Valley. According to an Associated Press news report, Alan was riding his 2002 Kawasaki motorcycle on the freeway when his motorcycle stopped and he got off the vehicle in the middle lane of the freeway.

His sister, who was reportedly driving a Dodge Neon, stopped her car behind the motorcycle to help her brother and turned on the emergency lights when a pickup truck driven by 50-year-old Ronald R. Benedetti of Littlerock rear-ended the car, killing brother and sister. Both Alan and Lindsay Pogglo were pronounced dead at the scene.

Please keep this family in your prayers. I offer my deepest condolences to the Pogglo family as well as Linsay’s and Alan’s friends. I can’t imagine the grief the Pogglo family is enduring.

It’s still too early to say exactly what happened in this fatal freeway auto accident. Although this news report states that it is not clear why Alan stopped his motorcycle on the freeway, I’m convinced that he must have experienced some mechanical difficulties with his vehicle or it must have stalled. I am sure he must have stopped due to some necessity.

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August 6, 2008

Fatal Pedestrian Accident on Hollywood Blvd. Involved Drunk Driver, Officials Say

A 29-year-old man who reportedly struck and killed two pedestrians in a crosswalk on Hollywood Boulevard earlier this month had a blood alcohol level that was twice the legal limit to operate a motor vehicle, according to an Associated Press news report. Sergio Rogelio Delgado was reportedly fleeing police officers who tried to stop him for driving on the wrong side of the road when he ran a red light and hit 32-year-old Cecilia Diaz Vasquez and Pedro Davila, 40, who were walking on the crosswalk at Wilcox Avenue.

Delgado has been charged with two counts of murder, two counts of felony gross vehicular manslaughter while intoxicated and fleeing the scene of the Hollywood pedestrian accident. He also reportedly was convicted once in 2003 of driving under the influence. This article says Delgado was out drinking with a friend before he drove off.

My heart goes out to the families of the two people who were killed in this horrible pedestrian vs. auto accident. In this case, the two pedestrians were crossing Hollywood Boulevard on a marked crosswalk. The blame falls squarely on Delgado, who police say was not only intoxicated, but also evading police and driving recklessly.

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August 6, 2008

Costa Mesa Personal Injury and Car Accident Lawyers

Costa Mesa offers 9 parks, a municipal golf course, 26 public schools and 3 libraries. Additionally, Costa Mesa is home to Orange Coast College and Vanguard University as well as Whittier Law School and National University. The Orange County Performing Arts Center, Orange County Fairgrounds, South Coast Repertory Theater and South Coast Plaza are prominent centers of cultural and economic activity within the City.

The Costa Mesa personal injury attorneys at Bisnar Chase have represented the seriously injured in Costa Mesa 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 Costa Mesa 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 Costa Mesa personal injury attorneys at Bisnar Chase today at 1-800-598-6998.

August 5, 2008

Waivers Make It Tough For Consumers To Sue Nursing Homes

Seniors and their families these days are so anxious to get a spot in a nursing home that they are signing away their rights to sue over poor nursing home care in such facilities, according to an Associated Press news report. This trend has sparked a debate between law makers, nursing home advocates and trial lawyers. Rest home officials say such agreements are a good way to settle disputes over issues like negligent nursing home care, while advocates for the rights of the abused believe that families should not give away their right to hold negligent nursing homes accountable in a court of law for substandard care.

The report gives examples of nursing home patients who have been pushed into a corner because they signed these waivers. A Senate panel, which is investigating the growing use of these waivers by nursing homes, says more than 100 lawsuits have been filed in the past five years by victims of nursing home abuse and negligence, challenging such contracts. Victims’ family members say they didn’t understand the implications of the agreements they entered into, sighting the extreme stress to find a nursing home for their loved ones as their reason for forfeiting their basic rights.

Many victims and their families believe that these waivers are increasingly becoming a shield that large corporations that own nursing homes hide behind. It is more profitable for nursing homes to cut staff and provide mediocre or substandard care than spend the money to be fully staffed by trained and qualified personnel.

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August 4, 2008

Six-year-old Boy Suffers Severe Head Injuries In California Bicycle Accident

Dominic Loparenza, a 6-year-old Morgan Hill boy, suffered critical head injuries in a bicycle accident. According to an article in the Morgan Hill Times, Dominic was riding his bicycle without a helmet eastbound on Kalana Avenue at Santa Teresa Boulevard when 53-year-old Maria Scanlon, who was driving a Honda Odyssey southbound on Santa Teresa, hit the boy. Officials say in their report that Dominic suddenly made a U-turn into the path of the van.

Dominic is reportedly in critical but stable condition. He suffered a depressed skull fracture, according to California Highway Patrol officials. Investigators also say that alcohol or drugs were not involved in the incident and have not yet filed any charges against Scanlon.

This news report puts the blame for this California bicycle accident on Dominic. But something about the news account of the accident doesn’t add up. The information that the boy made a U-turn in the street in front of the Odyssey has not been attributed to anyone. If independent eyewitnesses and physical evidence (the relative positions of the bike and the car as well as the damage to each of the vehicles) confirm that Dominic did in fact, make a U-turn, I’d buy that story. Even if Dominic did make a U-turn into the path of the van, why didn’t the van stop in time? Why was the van so close that a sudden U-turn did not give the van adequate time to stop or change direction?

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August 4, 2008

Newport Beach Personal Injury and Car Accident Lawyers

The City of Newport Beach is located in the coastal center of Orange County, making it a popular tourist spot for beach go-ers throughout Southern California. As of January 2008, it has an estimated permanent population of 84,554 but during the summer months, the population grows to more than 100,000 with 20,000 to 100,000 tourists daily. As the number of pedestrians, motorists and boaters increases, so does the chance of an accident.

The Newport Beach personal injury attorneys at Bisnar Chase have represented the seriously injured in Newport Beach 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 Newport Beach 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 Newport Beach personal injury attorneys at Bisnar Chase today at 1-800-598-6998.

August 3, 2008

Three Injured In Santa Rosa Chevy Suburban Rollover Accident

Three people were injured in a two-car SUV rollover accident on Highway 12 in Santa Rosa after a Chrysler sedan reportedly ran a red light and struck a Chevrolet Suburban sport utility vehicle, which flipped over. According to an article in the Press Democrat, both the driver and a passenger in the sedan and the driver of the Suburban were injured.

From the photo of the Chevrolet Suburban in this SUV Rollover accident, it appears that the vehicle’s roof crushed, which is common for General Motors Company SUVs. If the injuries to the occupants of the Chevrolet Suburban were severe head or spinal cord injuries or if any other injuries were caused by the collapsing roof or seat belt failures, the victims would be well-served by consulting with one of about a dozen auto defect law firms in the nation that are truly experienced in handling GMC SUV litigation. When considering hiring a SUV rollover accident attorney, ask them how many similar cases they have completed and how many they have in progress. Your might also want to know how many auto defect cases in total they have successfully completed against General Motors.

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August 2, 2008

Bakersfield Fatal Pedestrian Accident Involves Senior Driver

Marianne Harris, who was walking on a Bakersfield Street, died of critical injuries she suffered in a pedestrian accident after being struck by a car driven by 84-year-old Charles Nowatzki, the Bakersfield Californian reports. Nowatzki was driving a 1997 Crown Victoria east on Columbus Street and was passing the intersection at Baylor Street when he struck Harris, who was walking north across Columbus Street in the crosswalk, an earlier article states.

Nowatzki and a passenger in the car were uninjured. Police say speed, alcohol or drugs were not a factor in this pedestrian accident. Investigators are still trying to determine how and why the accident occurred. If you witnessed this accident, please call Officer Patrick Dillard at 661-326-3967 or Bakersfield Police at 661-327-7111.

My deepest condolences to Harris’ family and to Marianne’s friends.

What strikes me is the age of the driver’s age, 84-years old. If I were an attorney representing Harris’ family, I would look into Nowatzki’s driving record, his physical condition/health and more importantly, if he was fit enough to drive. I would want to know if in fact Nowatzki was capable of driving safely. If he wasn’t, was his family aware of the fact and let him drive anyway.

I would also investigate if their was something about the intersection where this California pedestrian accident happened that contributed to Nowatzki not seeing Harris in enough time to react appropriately. Is this a dangerous intersection? Did the intersection itself contribute to the accident?

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August 1, 2008

Canyon Country Dog Bite Victim Suffers Injuries

A woman in Canyon Country suffered severe dog attack injuries after both she and her Chihuahua were attacked by two Pit-Bulls during a walk. According to an ABC News report, Tempo Edwards was walking her dog when two pit-bulls attacked her. Edwards reportedly suffered bite marks on her hand and neck. The district attorney is looking at filing criminal charges against a Canyon Country man believed to be the owner of the two Pit- Bulls.

The pit-bulls first went after Edward’s dog and then her. One of the dogs locked its jaw around her neck and knocked her down. Neighbor Lillie Troncale, who came to her rescue, managed to scare the dogs and get them off Edwards, who reportedly had undergone a kidney transplant recently. Her doctors are now concerned about possible infection from the dog bites.

Thank goodness Troncale was near by and acted quickly. She probably saved Edward’s life. I wish Edwards a speedy recovery. I also hope the district attorney goes through with the prosecution of the dog owner.

According to statistics from the U.S. Centers for Disease Control, Pit Bulls and Rottweilers accounted for more than half the fatal dog attacks between 1977 and 1998. Over two thirds of the people I have represented in dog attack cases were bitten by either Pit Bulls or Rottweilers.

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August 1, 2008

Helicopters Collide In Flagstaff, Six Dead

A Flagstaff, Arizona aircraft accident about 130 miles north of Phoenix, between two Bell 407 medical helicopters has killed six people and seriously injured a nurse, according to a report in The Examiner.com.

The National Transportation Safety Board (NTSB) chairman Mark Rosenker stated this was the ninth accident this year involving emergency medical service (EMS) aircraft and called it a "disturbing trend.” An NTSB spokesman said EMS helicopter accidents accounted for six of the nine accidents this year and have killed 16 people.

Capt. Mark Johnson, a spokesman for the Flagstaff Fire Department said the helicopter collision happened between one helicopter coming out of the South Rim of the Grand Canyon and another from the nearby community of Winslow. Both were carrying patients to the Flagstaff Medical Center. Air Methods from Englewood, Colorado and Classic Helicopters of Woods Cross, Utah were reported by the Federal Aviation Administration (F.A.A.) to be the respective owners of the aircrafts.

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