California Injury Blog

Police have identified the man who was killed in an October 28, 2008 Huntington Beach pedestrian accident on Beach Boulevard as 45-year-old John Turner of Buena Park. According to an article in The Orange County Register, Turner was walking in the northbound lanes of Beach, north of Utica Street when the accident happened. 29-year-old Kristine Graham, who was driving a Nissan Murano sport utility vehicle in the fast lane, struck Turner.

Police say Turner didn’t appear to have been walking in a crosswalk. Graham has not yet been arrested or cited pending an accident investigation. Anyone who witnessed this fatal 10/28/08 Huntington Beach pedestrian accident is asked to call police traffic investigators at 714-536-5666.

According to California Highway Patrol’s Statewide Integrated Traffic Reporting System (SWITRS), in 2006, there were four pedestrian accident related deaths and 55 injuries in Huntington Beach. In Orange County as a whole, there were 45 fatalities and 802 injuries relating to pedestrian accidents during the same time period.

Continue reading "Buena Park Man Killed in Orange County Pedestrian Accident" »

A carjacking suspect chased by police in Richmond, California, crashed into a car causing a fatal auto accident on October 27, 2008. 76-year-old Mary Shepard of Benton, Arkansas was killed, while others were seriously injured. According to a news report in the Contra Costa Times, the 10/27/08 crash involved four vehicles on San Pablo Dam Road in El Sobrante.

The chase involving Jordan Taitano, a 34-year-old parolee, was initially “low-speed,” but gradually increased in speed as the suspect failed to yield, said California Highway Patrol officials, who are investigating the incident. Officials said skid marks on the road showed where Taitano’s white Chevy pickup slammed into a tan Mercedes, pushing it about 100 feet into two cars parked at the curb. While one car flipped over on the sidewalk, another crashed into a brick-and-wrought iron fence. Mary Shepard, who was visiting her family in California, was a passenger in the back seat of the Mercedes. Shepard’s daughter and son-in-law, who were in the front seat, suffered major injuries.

My heart goes out to the family of Mary Shepard, who are not only dealing with a senseless tragedy and death in the family, but also caring for two seriously injured members. Please keep this family in your prayers. I wish the two injured victims a speedy and complete recovery.

Based on news reports, Jordan Taitano does seem to have been a dangerous criminal. But anyone can see how tragic it is when innocent bystanders or motorists are catastrophically injured or killed during such pursuits. California Vehicle Code Section 17004.7 provides immunity to police departments that have adopted a “vehicle pursuit policy.”

Continue reading "Police Pursuit in Richmond Leads to Fatal Auto Accident" »

Bicycle enthusiasts in Gilroy, California, are wondering whether the California Highway Patrol is conducting a thorough investigation of a fatal bicycle that killed 58-year-old cyclist Bruce Finch on October 5, 2008, the Morgan Hill Times reports. CHP officials say Finch was riding on Uvas Road when his bike collided with a 1997 Honda driven by 60-year-old Rita Campos who was stopped at the intersection of Uvas and Little Uvas roads.

Campos was traveling east on Little Uvas while Finch was riding south on Uvas. Cyclists who are familiar with those roads say travelers on Uvas Road have the right of way at this intersection. On that road, bicycles get up to speeds of 25 mph, but cars travel faster at 45 or 50 mph. Moreover, local bicyclists describe Finch as a “very strong as safe cyclist.”

Continue reading "Gilroy Residents Question Cause of Fatal Bicycle Accident" »

A jury in Fresno has awarded 57-year-old Maria Blanca Lopez and her family $10.5 million for injuries she suffered in a Fresno big rig accident caused by an intoxicated truck driver on June 9, 2007. According to a news report in the Fresno Bee, Lopez suffered severe brain injuries in the 06/09/07 crash. Jesus Chavez Ramirez, an employee for DAV Charities, ran a stop sign and broadsided Lopez’s car at the intersection of Church and Valentine avenues. He was on the job at the time and had a blood alcohol level of 0.08 percent, which is the legal limit in California.

According to court documents, Ramirez had been drinking the night before the accident and was still drunk when he arrived at work. Despite being intoxicated, he was still allowed to operate the 20,000-pound dump truck. Ramirez pleaded guilty to drunk driving in November 2007 and was sentenced to one year in jail.

Continue reading "Fresno Jury Awards $10.5 Million to Brain-Injured Woman" »

An appellate court has upheld a $3.2 million jury verdict awarded to 25-year-old Alexis Sarti of Costa Mesa, who suffered permanent nerve damage after eating bacteria-contaminated raw tuna at the Salt Creek Grille in Dana Point. According to a news report in The Orange County Register, the food poisoning occurred on April 7, 2005. Sarti spent 45 days in the hospital because of the food-borne illness, which stemmed from a cross contamination of her raw tuna with bacteria found in raw poultry.

This 4/7/05 food-poisoning incident apparently had devastating effects on Alexis Sarti. It caused her entire respiratory system to shut down. Sarti became violently ill after eating the contaminated tuna that caused her nervous system to shut down. She experienced double vision and paralysis from head to toe immediately afterwards.

She had to use a walker for eight months after that incident and even now, she has only 40 percent of what would have been her normal endurance. The food poisoning episode had drastic effects on her everyday life as well. A cross country runner at high school, Sarti had to drop out of Saddleback College to endure medical treatment and therapy for a year and a half. More than three years after the incident, she still has muscle spasms and cramps everyday. The contaminated ahi tuna appetizer she ate that day left Alexis Sarti disabled for the rest of her life.

Continue reading "Appellate Court Upholds $3.2 Million Verdict in Orange County Food Poisoning Case" »

Residents in Los Gatos, California, are asking their city officials to fix problems on a dangerous roadway where a young boy was injured. 13-year-old Peter Goodlin was struck and injured by a car while riding his bicycle to school on Aug. 29, 2008. The driver who hit Peter said he did not see the boy because of glare. Residents say that the corner of Kennedy Road and Englewood Street in Los Gatos has remained a dangerous intersection for years. They are asking the city for a three-way stop at the intersection as well as a reduction of the speed limit on Kennedy Road. Our source for this blog is this Los Gatos Weekly-Times article.

Neighbors’ main concern about this dangerous intersection, is the speed of passing vehicles. One long-time resident says he has seen at least a dozen accidents in the time he has lived there. There are several residential streets off of Kennedy Road and schools in the neighborhood. But the news report states the city’s traffic engineers have resisted changing the speed limit on that road due to some conflicts regarding who is responsible for the roadway.

It definitely appears to me that city officials need to do something to restrict speed in this Los Gatos neighborhood. The news report does not say what the current speed limit is on Kennedy Road, but one can infer from the report that it is certainly more than 25 mph.
California Vehicle Code Section 22352 sets speed limits near a school and in residential neighborhoods at 25 mph, until otherwise specified by the governmental agency that has jurisdiction over that roadway.

Continue reading "Dangerous Los Gatos Roadway Has Residents Concerned" »

57-year-old Richard Skala of Lakewood was critically injured after crashing his car into a Seal Beach railroad crossing on October 22, 2008. The 10/22/08 accident occurred after Skala rammed his silver Ford Focus into a railroad crossing on Westminster Avenue near Seal Beach Boulevard. Our source for this blog is a news report in The Orange County Register.

Skala hit the curb and the impact launched him into the crossing signal, which is only used sometimes by the Seal Beach Naval Weapons Station to transport weapons. Police traffic investigators have not been able to determine yet whether speed was a factor in the crash. The speed limit in that section of Westminster Boulevard is 55 mph.

Continue reading "Seal Beach Railroad Crossing Collision Injures Man " »

A motorcyclist who was killed in an October 25, 2008 collision with a van in Santa Ana has been identified as 26-year-old Cuong Nguyen. According to a news report in The Orange County Register, Nguyen was killed in the 10/25/08 motorcycle accident, which occurred in the 5600 block of West McFadden Avenue in Santa Ana.

Santa Ana police officials said Cuong Nguyen hit the back of the van after weaving through traffic going east on McFadden. Nguyen fell off his motorcycle after the collision and was hit by another vehicle. Nguyen was pronounced dead at the scene.

I offer my condolences to the family of Cuong Nguyen, for their irreparable loss.

Continue reading "Santa Ana Motorcycle versus Van Collision Kills Man" »

David B. Hatton, a 29-year-old man from West Jordan, Utah, was killed in a motorcycle versus auto accident on October 19, 2008 after he was struck by a car pulling out of a church parking lot. According to an article in the Salt Lake Tribune, the crash occurred when a car, driven by a 25-year-old West Jordan man, collided with Hatton’s motorcycle.

Hatton was thrown off his motorcycle and suffered critical injuries in this 10/19/08 crash.
He was transported to an area hospital and placed on life support, but died after he was taken off life support two days later. Charges are pending against the West Jordan man.

Motorcycle accident fatalities are at an all-time high in Utah, according to this Associated Press news report. It’s only October and 32 riders have already died in Utah motorcycle accidents. That is nine more than the average of 23 deaths a year, over the last 10 years, in Utah.

Continue reading "Best Young Utah Personal Injury Attorney – Kenneth Christensen" »

A Bakersfield nursing home is appealing a $100,000 state fine imposed for the death of a resident who investigators say choked on a tomato ketchup packet, The Bakersfield Californian reports in an October 23, 2008 article. California Department of Health investigators said the staff at Glenwood Gardens’ skilled nursing facility knew the 84-year-old man constantly tried to eat non-edible objects, but did not do anything to stop him from ingesting the ketchup packet in 2006. The patient had been diagnosed with dementia and breathing problems. A mortuary embalmer apparently discovered the ketchup packet wedged in the back of the man’s throat.

The state’s report also stated that the nursing home staff failed to come up with an effective plan to prevent the resident from eating non-edible items. Glenwood Gardens received the AA citation, which is issued when a resident death has occurred directly as a result of the nursing home’s negligence.

What did Glenwood Gardens officials have to say with regard to their appeal of the citation? That there “were no grounds we could find for the citation."

Continue reading "Bakersfield Nursing Home Denies Negligence" »

Markus V. Whitherspoon, 20, suffered severe injuries after he was ejected from a 2004 Yamaha Prohauler ATV in Valley Lake Ranchos on Oct. 17, 2008, The Madera Tribune reports. The ATV was being driven by a 17-year-old boy and was registered to Greg Weeks of Madera.

California Highway Patrol officials said several ATVs were being driven to a local store or restaurant when the 10/17/08 accident occurred near Road 30 and Avenue 20 ½. Whitherspoon was taken to an area hospital with major internal head injuries. Racing all-terrain vehicles, dirt bikes and quads is apparently a popular sport in the Valley Lake Ranchos area.

Continue reading "Madera ATV Accident Severely Injures Man" »

A motorcycle versus auto accident caused by a suspected drunk driver in the Morongo Valley on October 19, 2008 sent four people to the hospital with injuries. According to the Hi-Desert Star, the injured victims were Marco Garcia, 24 and Erica Jacome, 20, both of National City; Toni Bahe, 32, and Adam Carsner, 38, both of Long Beach. The suspected drunk driver, 35-year-old Carlos Rodriguez of Long Beach was arrested on suspicion of felony drunk driving.

California Highway Patrol officials said Rodriguez was driving his 2001 Honda westbound on the Twentynine Palms Highway. He was just west of North Star Trail when he rear-ended a 2007 Suzuki motorcycle driven by Garcia. Both Garcia and his passenger, Jacome were thrown from the motorcycle onto the roadway. Both were injured but were able to make it to the shoulder. Rodriguez as well as his passengers, Bahe and Carsner, also suffered moderate injuries.

It’s a relief that Marco Garcia and Erica Jacome were not critically or fatally injured in this 10/19/08 auto accident. This could have turned out a lot worse. I wish them, as well as the other injured victims, a speedy recovery. I hope Rodriguez is held criminally and civilly responsible for this accident that caused injury to all these victims.

Continue reading "Morongo Valley DUI Accident Injures Four" »

A national dog bite victims group has announced that it will release a video tribute to dog attack victims on October 25, 2008, a day recognized by pit bull advocacy groups as “Pit Bull Appreciation Day.” Their complete news release with information about their group, advocacy activities and the video may be found here.

The Seattle-based group’s 5-minute video will document 127 pit bull attacks on humans that occurred across the United States in just an 85-day period from July to September 2008. The video will include the name of each victim, where available, and the city and state where each attack occurred.

Continue reading "National Advocacy Group Dedicates Video to Dog Bite Victims" »

A Placerville, California, nursing home has been fined $21,000 for its staff’s negligence, which California Health Department investigators say led to the death of 86-year-old Donald Forseth. According to an article in the Sacramento Bee, Forseth, a World War II veteran, died about two years ago after he became severely dehydrated at the El Dorado Care Center where he had been a resident for four months.

Health department investigators determined that the nursing home’s staff failed to monitor Forseth’s fluid intake, which caused the dehydration, kidney failure and eventually, death. Officials also said there were some serious staffing deficiencies at the nursing home. Forseth’s death sparked an investigation only after Carole Herman, president of Sacramento advocacy group Foundation Aiding the Elderly, filed a complaint.

It took California Health Department officials two full years to adjudicate this case and issue this report. I agree with Carole Herman that this delay is ridiculous and unacceptable. Forseth’s widow, Patricia, who had won a court settlement against the nursing home, has since died.

Continue reading "Understaffing Causes Patient Death In Placerville Nursing Home" »

Jose Ayala, 47, of Simi Valley died in an on-the-job accident on October 16, 2008 after he fell into an industrial die-casting machine. Ayala worked at Vista Lighting Co., a Simi Valley firm that manufactures outdoor lights. Our source for this blog is this news report in the Ventura County Star.

Ayala suffered severe head injuries and was in full cardiac arrest when he was removed from the machine. Firefighters attempted to revive him but were unsuccessful. Ayala was pronounced dead at the scene. The fatal Simi Valley on-the-job accident is being investigated by the California Department of Occupational Safety and Health (CAL-OSHA).

My heart goes out to the members of Jose Ayala’s family, who have suffered a tragic loss. In many of these cases, the deceased person is also often the family’s breadwinner.

Continue reading "Simi Valley Industrial Accident Kills Worker " »

My partner, Brian Chase and I know a lot of attorneys. We work with attorneys throughout the country and refer cases to many attorneys. When we refer a case to another attorney or need the services of an attorney in a state we are not licensed in, we are very particular about who we send clients to and who we will work with. We want only the best and Ben Glass is the best that I know of.

I have known Ben Glass for some time now and he never ceases to amaze me. Ben is a straight shooting, down to earth, tell-it-like-it-is kind of guy who is also an excellent attorney and a father to seven children. Ben has written a number of books directed at educating the people of Virginia about their rights, including one about insurance company scams ("Robbery Without a Gun"), a book on auto accidents in Virginia ("Virginia Car Accident Book"), another on Virginia medical malpractice cases ("Virginia Malpractice Book") and a bunch of others that I haven't seen.

Continue reading "Best Virginia Personal Injury Attorney - Ben Glass" »

A Westminster woman, whose pit bull attacked and severely injured mail carrier David Carroll, has been found guilty of a misdemeanor in connection with that September 4, 2007 dog attack. The Orange County Register reports that 54-year-old Sheri Moody has been ordered to give up the dog she currently owns and has been told she cannot keep or own any dogs during her three-year probation period. Orange County Superior Court Commissioner Thomas J. Rees sentenced Moody to her choice of 30 days in jail or community service and three years of probation.

Moody’s pit bull, Maggie, attacked Carroll when he was delivering mail next door. The dog severely bit Carroll, who retained our firm soon after that 9/4/2007 dog attack incident. I personally saw how badly Carroll was mauled by Moody’s dog when he came in to my office for a consultation. He had a nasty wound from his left eyelid to the side of his nose, up across his eyebrow to his forehead and across the middle of his forehead to above his right eye. Bite marks were clearly visible on his face, which required numerous stitches. He was also emotionally devastated. He had trouble sleeping after the attack, had constant nightmares, was agitated and on the edge.

Carroll was not Moody’s first victim. In June 2007, Moody unsuccessfully appealed a decision by the city of Westminster to euthanize her other pit bull, Brutus, who mauled a visitor to Moody’s home.

Continue reading "Orange County Jury Finds Pit Bull Owner Guilty of Criminal Negligence in Dog Attack" »

Pedestrian Seferino Hernandez Marchan, 73, was killed crossing a Pomona street intersection on October 14, 2008 after a driver struck him. According to an article in the Inland Valley Daily Bulletin, Marchan was crossing Mission Boulevard at Elm Street when he was hit by a 1993 Toyota Corolla driven by 24-year-old Maria Marquez Pasillas. Marchan died after undergoing surgery for severe head trauma and fractures.

Pomona Police Department’s major accident investigation team is still trying to determine what caused this accident. Anyone who witnessed this 10/14/2008 fatal pedestrian accident is asked to call investigators at 909-620-2480.

I offer my condolences to the family of Seferino Hernandez Marchan for their tragic loss.

In the City of Pomona, there were two pedestrian involved fatalities in 2006 and 45 pedestrian accident involved injuries during the same period, according to statistics from California Highway Patrol’s Statewide Integrated Traffic Reporting System. In Los Angeles County, there were a total of 214 deaths and 4,964 injuries relating to pedestrians in 2006.

Continue reading "Pomona Pedestrian Accident Kills Man" »

Gov. Arnold Schwarzenegger has done victims of Orange County nursing home abuse and negligence a huge disservice by vetoing all state funding for the Long-Term Ombudsman Program. We blogged about the staff cuts suffered by the Orange County Council of Aging, a group whose ombudsmen have been doing an excellent job of paying unannounced visits to local nursing homes and detecting cases of abuse and negligence. According to the group’s news release, they lost 55 percent of program funding for the year and was forced to lay off almost all of their paid part-time field ombudsmen. The Governor had vetoed $3.8 million in state funding for long-term care ombudsman programs across California.

This program is now heavily dependent on dedicated volunteers who are willing to take the required 36-hour training program and then complete 10 hours of field training before they can become certified by the state of California to advocate for nursing home residents.

There are any number of examples from Orange County nursing homes and similar facilities all over Southern California, which demonstrate the need for this program. In August, Hemet Valley Health Center was fined $100,000 for the death of a resident because of inadequate care. Here in Orange County, the family of an elderly resident filed a lawsuit against Villa Valencia in Laguna Hills. The assisted living facility allegedly delayed calling 911 for 24 minutes while a resident bled to death from an injury suffered in a fall.

Continue reading "State Budget Cuts Cripple Orange County Nursing Home Watchdogs" »

California Highway Patrol investigators are now saying that the driver of a charter bus, who caused a crash near Williams in Colusa County on October 5, 2008 that killed nine and injured several others critically, was not under the influence of alcohol or drugs at the time of the charter bus accident. Quintin Watts, 52, is still being held on a suspected parole violation for driving the bus without a proper license. Our source for this blog is an Associated Press news report.

Colusa County prosecutors are saying that Watts’ toxicology tests came back negative. Now, investigators are looking at what else may have caused the 10/5/2008 crash near Sacramento. Watts could have fallen asleep at the wheel. The bus could have had a mechanical malfunction or an inherent product or design defect. Watts may have been careless or negligent. Or he may have slipped into a diabetic coma. According to his mother, Watts went into such a coma only days before the fatal Colusa County Bus accident.

Continue reading "Driver in Colusa County Bus Crash Was Not Intoxicated, Officials Say" »

A 93-year-old man struck and killed in a Long Beach hit-and-run bicycle accident on October 9, 2008 has been identified as Bernard Nelson. He was riding his bicycle west across the northbound lanes of Santa Fe Avenue at Canton Street when 81-year-old Lloyd Hills hit him and then fled the scene, the Long Beach Press-Telegram reports. Long Beach Police caught up with Hills and arrested him on suspicion of hit-and-run.

Bernard Nelson suffered severe head and chest trauma and was pronounced dead at a local hospital. Long Beach Police are still looking for more information about this 10/09/2008 auto versus bicycle collision. If you have any information, please call Long Beach Accident Investigations Detective David Lauro at 562-570-7355.

I offer my condolences to the family of Bernard Nelson, who lost his life in this tragic accident.

Continue reading "Long Beach Bicycle Accident Kills Elderly Man" »

Seal Beach mom Cathy Busse was killed, and her 14-year-old son, Sam, suffered injuries in a Seal Beach bicycle accident on October 12, 2008 after a pickup truck struck them, The Orange County Register reports. This tragic 10/12/2008 bicycle accident occurred after the late model blue Ford pickup truck driving on Lampson Avenue east of Seal Beach Boulevard hit Cathy and Sam Busse.

Those who witnessed this horrific accident said mother and son were thrown 50 feet away from the point of impact, landing close to some bushes near the 405 Freeway. Officials are looking for witnesses to the collision to determine exactly what caused the bicycle accident and who was responsible for it.

My heart goes out to the family of Cathy Busse for their tragic loss. Sam Busse will be in my prayers. He not only suffered injuries, but the emotional trauma of seeing his mother struck and killed. According to the article, Cathy Busse was a “warrior mother,” whose autistic son, Sam, was her “biggest fan and best friend.”

In 2006, there were no bicycle accident related deaths in Seal Beach and 10 bicycle accident related injuries, according to statistics from California Highway Patrol’s Statewide Integrated Traffic Reporting System (SWITRS). In Orange County, there were a total of 22 bicycle accident fatalities and 1,005 bicycle accident related injuries during the same period.

There are many questions that need to be answered in this fatal Seal Beach bicycle accident. What caused the driver of the truck to lose control of his vehicle and strike the two bicyclists? Were speed, alcohol or dugs factors in this accident? Did the driver of the pickup truck suffer a medical condition that caused him to lose control of his truck? Was there a dangerous condition on the roadway that caused this collision?

Continue reading "Seal Beach Bicycle Accident Kills Mom, Injures Son" »

Blaise Meadows, 20, has been charged with murder in connection with the death of Andrew Parker, 46, of Lake Forest who died in an Orange County rollover accident earlier this year. According to an October 10, 2008 news report in The Orange County Register, Parker lost control of his Alfa Romeo after it was struck from behind by Meadows, who was allegedly racing down the 241 toll road with another rider.

Court records show that Meadows had been cited four times for speeding between November 2005 and June 2007. Orange County prosecutors say Meadows was driving on a suspended license at the time of the 4/25/08 Orange County fatal auto accident. Parker suffered fatal injuries after the crash’s impact which caused his Alfa Romeo to flip over several times on the highway.

My heart goes out to Parker’s family. I pray that they get the justice they deserve and that Meadows is prosecuted to the fullest extent of the law.

I had blogged on this incident when it was first reported earlier in April. Meadows’ street-racing in this case was not only illegal but a negligent and irresponsible act that demonstrated a callous disregard for public safety.

Continue reading "Orange Motorcyclist Charged With Murder in Auto Accident" »

Burlington Northern Santa Fe and Union Pacific -- two large freight railroads that share tracks with Metrolink -- have pledged to install advanced track safety measures by the year 2012, the Los Angeles Times reported on October 9, 2008. This decision comes about a month after the catastrophic Chatsworth Metrolink commuter train crash that left 25 people dead and about 135 injured.

The two railroads say they will be installing positive train control systems on their tracks in the next three years, although a complete rollout may take longer. Positive train control systems basically combine digital communications with global positioning system (GPS) technology to monitor train locations and speeds. If engineers miss signals or cannot stop the train in time, an electronic device in the train’s cab will automatically apply the brakes.

Continue reading "Train Safety Measures Promised By 2012" »

The family of Lena Dickerson is suing Disneyland, claiming the toddler was attacked by a dog in the park's petting zoo on October 3, 2006 according to a report on Fox News. The child was bit several times on the face leaving her permanently scarred.

Court documents allege that a Disneyland employee brought her 6-year-old German Shepherd - Labrador Retriever mix dog to the park. The dog was placed on a box in the Big Thunder petting zoo. A park employee invited children to pet the animal, while holding its leash. Lena had petted the dog and was just about to leave when the dog attacked her.

Apparently, the shelter from which the dog had been adopted had called the dog “not very social” and even stated that the animal had a history of being aggressive. The lawsuit seeks compensation for the family’s medical costs and emotional trauma as well as punitive damages. Disney officials have not commented yet on this lawsuit.

In California dog attack cases, the owner of a dog is strictly liable for the damage, which that dog causes by biting someone, "regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness." (California Civil Code section 3342.) If the plaintiffs can prove that Disneyland was an owner of the dog, then they would have established liability for the compensatory damages that may be recoverable in their action. This doesn’t seem likely if the Dickerson family is alleging that “…a Disneyland employee brought her…dog to the park”.

Corporations become responsible for the acts of employees if it has knowingly ratified or accepted the benefit of the employee’s actions, like bring a dog into the petting zoo. The alleged use of the dog in the petting zoo and in parades might be consistent with Disneyland acting as if it is the owner of the dog.

Where, as here, the property is a commercial property open to the public which is invited onto the property, the owner is under a duty to frequently inspect their property and is charged with the knowledge of dangerous conditions it would have gained from those inspections. The plaintiffs might prevail if they can establish that Disneyland knew or should have known the dog was in the petting zoo and may be a danger to Disneyland patrons.

Continue reading "Disneyland Dog Attack Victim Sues Park" »

Treon Pique, 27, filed a federal civil rights lawsuit alleging that a Contra Costa Sheriff’s deputy instructed a police dog to attack him after he had surrendered. According to a September 26, 2008 article in the San Francisco Chronicle, Pique is suing the county for $1 million for the dog attack. Court documents state that the police dog attacked Pique and bit him on his right arm leaving him with permanent injuries. The lawsuit alleges that Contra Costa Sheriff’s Deputy, Robert Jones, knew Pique posed no threat, but let the dog bite him anyway.

Normally in California a person bitten by a dog sues in state court under California’s Civil Code Section 3342 which provides in part: “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog….” However, the same civil code section exempts bites delivered by police dogs on criminal suspects from the codes strict liability provision.” The code provides that a person who has been attacked and bitten by a dog cannot establish a strict liability claim against a police agency if:

1. The police agency had adopted a written policy regarding the use of a dog;


2. The person was a party to, or a participant in, or a suspect in the commission of a crime or a possible crime; and


3. If the bites occurred when an officer has a reasonable suspicion of the bitten person’s involvement in criminal activity, during the investigation of a crime or possible crime, during a stop or an arrest for a crime, or to protect the safety of the dog or a police officer or a bystander.

Therefore Pique is pursuing federal civil rights lawsuit rather than a California Civil Code Section 3342 lawsuit which pretty much gives police dogs free bites. All a police officer has to establish to free from liability under California law is that he was protecting himself or his dog when a suspect was attacked by a police dog to be free from the California “strict liability” law assuming all other conditions are meet.

The Michigan Department of Agriculture has determined that the E. coli-tainted lettuce, which has sickened more than 36 people in Michigan, originated from California. . According to this October 9, 2008 article in the Detroit Free Press, the tainted California lettuce was sold by distributors in Michigan to institutions and restaurants. The E. coli outbreak started at Michigan State University and Lenawee County Jail in early September before hitting metro Detroit.

Aunt Mid’s Produce of Detroit was identified as one of the local suppliers. That company has stopped its lettuce distribution. But, Aunt Mid’s is facing a lawsuit from Michigan State University student Samantha Steffen, who reportedly suffered bloody diarrhea and was hospitalized with dehydration in mid-September. A stool sample confirmed the presence of E. Coli 0157:H7.

Continue reading "California E. Coli-Tainted Lettuce Sickens At Least 36" »

April Maher, 17, of Highland, was killed in a pedestrian accident on October 7, 2008 after she was struck by a hit-and-run driver who is still at large. According to this ABC News report, April was walking with friends on Del Rosa Avenue when she was hit from behind by a speeding car. The stretch of Del Rosa Avenue is reportedly one without sidewalks and packed with parked cars, forcing pedestrians to walk on the street.

April Maher was struck and thrown at least 40 feet landing underneath one of the parked cars. April was pronounced dead at a local hospital. San Bernardo County Sheriff’s Department investigators believe the hit-and-run vehicle has front-end damage and could have been a Toyota. Anyone with information about this horrible hit-and-run pedestrian accident is asked to call 909-425-9793.

I offer my deepest condolences to the family of April Maher. They have suffered a tragic loss. Please keep them in your prayers.

Clearly, this Highland roadway was dangerous for pedestrians since there were no sidewalks. The cars parked on the sides of Del Rosa Avenue made it impossible for these girls to walk a safe distance away from traffic. I trust that the hit-and-run driver in this case will be apprehended and brought to justice. There is no question whoever this driver is should be held criminally and civilly responsible for this tragic accident.

Continue reading "Highland Hit-and-Run Pedestrian Accident Kills Teenager" »

Orange County’s Council on Aging is a local nonprofit advocacy group that pays surprise visits to nursing homes and investigates Orange County nursing home abuse and negligence complaints. Unfortunately, the Council has recently cut most of its staff because of California’s budget cuts. According to this October 8, 2008 news report in The Orange County Register, Gov. Arnold Schwarzenegger vetoed $3.8 million in funds for long-term care ombudsman programs across California. As a result, the Orange County group lost $321,266; about half its funding. This giant budget cut caused 14 of its employees to be laid off, leaving three to do all the work.

So, what exactly did the Orange County Council on Aging office do? Basically, they visited Orange County’s 1,050 nursing homes and assisted living facilities and handled all sorts of complaints from bad food and patient neglect to serious cases of physical and sexual abuse. Office staff members also act as legal witnesses for all advance directive requests signed by nursing home patients.

Continue reading "Orange County Nursing Home Advocates Suffer Severe Budget Cuts" »

Elmore Kittower, 80, died in November 2007 after he was tortured and physically abused by employees at Silverado Senior Living, a Calabasas nursing home, according to this 10/6/08 MSNBC News report. Los Angeles County Sheriff Department detectives have arrested four people, including 20-year-old Cesar Ulloa, who police believe was the leader of a group that routinely abused helpless nursing home residents.

Kittower’s family made the tough decision to place him at Silverado Senior Living after a blood clot in his brain left him unable to live at home. Sheriff’s officials opened up an investigation after they received several anonymous letters and phone calls about the circumstances of Kittower’s death. They exhumed Elmore Kittower’s body and determined that he had suffered “a repeated pattern of physical abuse.”

Continue reading "Calabasas Resident Dies from Nursing Home Abuse" »

William Leo Halstenson, 51, of Kentfield, California, died September 29, 2008 in a pedestrian versus auto accident after he was struck down in a crosswalk. According to an article in the Marin Independent Journal, the 9/29/08 pedestrian accident occurred as Halstenson was crossing Sir Francis Drake Boulevard at Ash Avenue near College Avenue.

Halstenson was hit by an eastbound Chevrolet Impala driven by 18-year-old Michael McGhee of Pinole. Halstenson was pronounced dead at the scene. California Highway Patrol officials said Halstenson was walking in the crosswalk and hit because McGhee failed to yield the right of way. Officials determined that McGhee was not under the influence of alcohol at the time of the fatal pedestrian accident.

I offer my deepest condolences to the family of William Leo Halstenson for their irreparable loss.

Continue reading "Marin County Pedestrian Accident Leaves One Dead" »

Details of the deadly October 5, 2008 charter bus crash on Lone Star Road east of Williams, California in Colusa County are emerging as the California Highway Patrol accident and criminal investigation continues. The bus was carrying 42 passengers from Sacramento to Colusa Casino Resort, located on Highway 45 three miles north of Colusa when the driver lost control and the bus flipped into the air, cartwheeled and landed in a ditch.

According to the CHP as reported by ABC News, eight people died on 10/5/08 when the bus overturned on its way to the Colusa Casino Resort including six women – Lou Her, 68; Muang Saephanh, 68; Khou Yang, 67; Meuay Saelee, 74; and Fin Saechae, 64, Ma Vang, 60 and two men Xee Vang, 85 and Daniel E. Cobb, 68. All of them are believed to be from Sacramento. Cobb was the owner of the bus.

All of the thirty-five surviving passengers were injured in the Colusa County bus crash, some of them critically. They are all believed to be from the Sacramento area and of Laotian descent. My deepest condolences to the family and friends of the deceased accident victims. Please keep them all, including the injured in your prayers.

What is clear is that the 52-year-old driver of the bus from Stockton, Quintin Joey Watts, was not properly licensed to drive the bus, had a felony criminal record, had spent years in prison and was paroled less than a year ago.

Watts is in fair condition in Woodland Memorial Hospital and is under arrest on suspicion of felony driving under the influence. Watts’ criminal record includes convictions for possession of drugs for sale, possession of a firearm, possession of destructive device, check fraud, credit card theft and distributing phoney telecommunication devices. No previous DUI convictions have been uncovered.

The Texas license plates the bus carried were invalid, and no federal Department of Transportation registration number could be found, according to Officer Bob Kays of the CHP’s Williams station. However, a California Public Utilities Commission spokeswomen, Susan Carothers, said the bus had a valid license and insurance coverage. Which is good news for the victims and their families. The CPUC oversees charter transportation companies. Cobb had been registered with the CPUC as a charter operator since 1974, Carothers said.

Continue reading "Colusa County Charter Bus Accident Driver Arrested For DUI; Had Criminal Record" »

The higher incidence of nursing home negligence and abuse cases in Orange County and Los Angeles County is making families nervous about selecting the right nursing home for their loved ones. An October 2, 2008 article in the Riverside Press-Enterprise, offers up some good advice on how to choose the right nursing home, especially for families who are faced with the tough decision of transferring their loved ones from one nursing home to another.

So what are some danger signs or red flags you should look for when you go scouting? Well, the horror stories are many. California health inspectors in 2005 who visited Huntington Healthcare Center in Los Angeles found residents wearing soiled clothes, animal droppings near food in the dining area and a patient with an open head wound. While these are the more obvious signs, there are also many subtler signs and symptoms that you should look for.

Continue reading "Nursing Home Selection Is Still A Significant Challenge" »

Jacob Gaines, 24, of Bakersfield and Manuel Villagomez, 38, of Elk Grove died in a Paso Robles construction accident on October 2, 2008 after an excavator hit a water line and submerged both men who were working on a pipeline. According to an article in The Bakersfield Californian, the accident occurred at the intersection of Niblick and South River roads when Gaines and Villagomez were working in a trench.

The San Luis Obispo County Coroner’s officials say that the men most likely drowned; autopsy results are pending. Both Gaines and Villagomez were employees of Teichert Construction, a Sacramento-based company. Work on the pipeline has been suspended as investigators from the California Division of Occupational Safety and Health are looking into what caused this tragic 10/2/08 construction accident.

Continue reading "Paso Robles Construction Accident Kills Two Workers" »

Truck drivers may soon be mandated to install alarm systems in their vehicles to make sure that they remain alert while operating their vehicle, according to this KSL-TV news report. Federal investigators have repeatedly found that truck driver fatigue is a leading cause of fatal big rig accidents around the country. Federal officials report that one in eight commercial truck accidents are caused by exhaustion or the truck driver falling asleep at the wheel.

What the federal government is proposing is to require installing a high-tech alarm system that would go off when a driver gets drowsy. Dave Creer of the Utah Trucking Association says such a requirement would make things difficult and more expensive for trucking companies. When the government starts mandating something, he says, things get really tough for trucking companies across the board – whether it’s the little guy, the not-so-little guy or the big companies with the large fleets.

Statistics show that the people most often injured or killed in big rig crashes are the occupants of passenger vehicles not the drivers of the large trucks and 18 wheelers. There are nearly 12,000 injury (fatal and non-fatal) large truck accidents a year in California, according to the Federal Motor Carrier Safety Administration. The alarm systems is designed to lower the accident rate and save lives. I see the possible lives saved as well worth the cost.

Continue reading "Big Rig Safety Equipment May Be Required By Federal Agency" »

Eight people were killed and at least 35 others were critically injured in a Colusa County, California bus crash yesterday, October 5, 2008, after their charter bus drifted off a rural road near Williams, flipped over and rolled into a ditch. According to a News10 report, the driver of the bus, 52-year-old Quentin Joey Watts of Stockton has been arrested on suspicion of driving under the influence at the time of the 10/05/08 bus accident.

Eyewitnesses told California Highway Patrol officials that the bus drifted off Lone Star Road and then rolled over several times ejecting passengers into a field. The bus was reportedly carrying passengers north from Sacramento to the Colusa Casino Resort and taking a shortcut along Lone Star Road at about 6:15 the night of 10/5/08 when the tour bus accident occurred.

My heart goes out to all of the people injured on this bus and the families of those who died in this horrible accident. Please keep them in your prayers.

In 2006, there were 331 deaths as a result of bus accidents and 16,044 bus accident related injuries nationwide, according to statistics from the Federal Motor Carrier Safety Administration. California accounted for 45 deaths and 1,488 injuries as a result of bus accidents.

I have a bad feeling about the victims’ ability to collect compensation from this driver and his company.

Continue reading "Colusa County Bus Accident Kills Eight, Critically Injures 35" »

Residents in a Fresno neighborhood are looking for the owner of a vicious dog that mauled two dogs to death and seriously injured two other dogs. According to this Sept. 30 CBS news report, neighbors near First and Ashlan are posting flyers in the area to find the dog owner after the pit bull attacked a small Pomeranian named Petie and then killed a Poodle mix named Buddy.

A neighbor reportedly shot the pit bull in the leg, but it continued its attacks until being captured by Fresno Animal Control officers. Neighbors are offering a $100 reward for information leading to the owner’s identity. The pit bull will likely be euthanized if he is not claimed. Anyone with information is asked to call 559-222-9781.

Continue reading "Pit Bull Owner Sought In Fresno Dog Attack" »

Katya Teresa Todesco, a 5-year-old Simi Valley girl died in a gruesome dog attack on Sept. 23 when she was playing in a neighbor’s yard and their pit bull attacked her. According to an article in the Ventura County Star, the dog attack occurred in a home on the 1000 block of Appleton Road. Katya was reportedly in a neighbor’s backyard when she physically bumped into the 35-pound pit bull mix.

Katya reportedly suffered severe bites to her face and neck and lost a lot of blood. The dog owner was trying to wrestle the dog off of the little girl, but the pit bull had latched on to Katya and refused to let her go. Officials said the pit bull would most likely be put down.

My heart goes out to the family of this little girl who suffered so much pain and trauma before her death. Please keep this family in your prayers.

Apparently, this is the second time a dog has killed a Ventura County resident, according to local officials. But on the day Katya was attacked, two other pit bull attacks occurred in Simi Valley. One pit bull attacked and killed a dog on Lysander Avenue while another pit bull bit a woman’s legs on Ballard Street. So far, officials are calling Katya’s death a “tragic accident.”

Continue reading "Simi Valley Dog Attack Kills 5-Year-Old Girl" »

If you were injured in the recent Chatsworth Train Accident or if you lost a loved one, you might need the advice of an experienced California train accident lawyer. Bisnar | Chase, with more than 30 years of experience fighting for the rights of the seriously injured, have successfully represented clients injured in railroad accidents, Metrolink train collisions, and train crashes throughout California.

Since the tragic Chatsworth Metrolink train accident on September 12th, the attorneys at Bisnar | Chase have been investigating the legal rights of the injured and their families. Although initial reports appear to place the blame on a lone engineer, the National Transportation Safety Board is still conducting its investigation, and as in all complex railroad accident cases like this one, there are many facts and variables that will need to be considered before a cause can be found.

While our immediate attention and concern is focused on the victims of the Chatsworth train accident and their families, it is important that measures be taken to insure that train accidents like these do not occur in the future. Automatic control systems can be implemented on commuter trains that override mistakes by human operators to prevent train collisions and overspeed accidents. Additionally, railroads should be required to use scientifically based principles when assigning work schedules for train crewmembers, which consider factors that impact sleep needs, to reduce the effects of fatigue in train personnel.

If you or a loved one has been seriously injured as the result of a train accident or MetroLink crash in California, please contact Bisnar | Chase IMMEDIATELY to discuss your case. Consultations are free.

The U.S. Department of Transportation (DOT) has proposed new rules, which will make it harder for riders to use “novelty” helmets in states that require DOT-certified helmets. According to this news report, the new proposal will change the agency’s current motorcycle helmet safety standard to require manufacturers to place a larger, tamper-proof DOT label on the back of certified helmets. Officials say these new labels will make it harder for vendors to remove the labels from the approved helmets and affix them on the unsafe novelty helmets.

DOT recently conducted tests on these novelty helmets and found that they failed to meet current safety standards. The novelty helmets do not have the energy absorbing capacity to offer protection against head injuries in a highway crash. Motorcycle fatalities have been steadily increasing over the last decade and the most common cause of motorcycle accident related deaths is severe head injury.

Continue reading "DOT Takes Steps to Help Motorcyclists Identify Safe Helmets" »

Several consumer groups around the nation are urging California Governor Arnold Schwarzenegger to sign Assembly Bill, AB 2825, which is designed to protect California motorists from auto body repair fraud. According to this news report, the legislation has been passed by a strong bipartisan vote and will become California law after Governor Schwarzenegger signs it.

AB 2825 will essentially safeguard consumers from fraudulent businesses that illegally or unethically switch parts, causing financial loss and possibly vehicle safety issues for the consumer. This bill requires a vehicle repair invoice to specify if any used, rebuilt, remanufactured or reconditioned parts are supplied. Current law requires that consumers be provided an itemized written estimate prior to work commencing and a final invoice listing work completed and parts provided. But this AB 2825 also mandates that an automotive repair dealer must attach copies of specified invoices to the estimate for all crash parts installed that are over $50.

Continue reading "Auto Repair Fraud Legislation Requires California Governor Approval" »

Wanda Michelle Lawver, 34, of Oroville was mauled by two pit bulls during a Sept. 22 dog attack in the yard of an acquaintance who had invited her over, the Oroville Mercury-Register reports. Lawver says the two pit bulls lunged at her as soon as she entered the yard - just after being told that the dogs were “harmless.” The dogs followed Lawver as she ran out through the gate, pulled her down and mauled her on the sidewalk in front of the house. The dogs attacked and bit Lawver for several minutes before they were called off.

My heart goes out to this dog attack victim. I can only imagine the kind of physical and emotional trauma Wanda Lawver must have undergone. Oroville Animal Control officials are investigating the case and are in the process of determining whether any criminal charges should be filed in this case.

The news report says the pit bulls were fighting right before Lawver stepped into the yard. Did the dogs have a history of prior aggression or attacks? Had they attacked smaller animals in the neighborhood or terrorized neighbors? Most importantly, why was Wanda Michelle Lawver left on the sidewalk with those two pit bulls mauling her? What was the dog owner doing at the time of the attack? Why didn’t he even attempt to help her or call for help?

Continue reading "Oroville Dog Attack Severely Injures Woman" »