December 31, 2008

Newport Beach Woman Killed in Skydiving Accident

Brooke Baum, 33, of Newport Beach, died in a December 26, 2008 skydiving accident after her parachute failed to fully deploy during a jump at a popular skydiving center in Perris. According to this news report in The Orange County Register, Baum jumped out of an airplane at 12,500 feet above the Perris Valley Skydiving facility at Perris Valley Airport. Family members and friends said Baum was an experienced skydiver.

My heart goes out to the family of Brooke Baum for their tragic loss. I offer my deepest condolences to everyone who knew and loved this young woman. Please keep them in your prayers.

According to this newspaper report, Brooke Baum’s is the third accident involving skydivers since July and the fifth since March 2005 at this Perris skydiving facility. Baum’s friends, who were there with her at the time, are puzzled about why her parachute did not open. By the time the reserve chute opened, it was too late for Baum. Her friends also said she didn’t seem to have any medical condition and was not under the influence of alcohol or drugs during the accident.

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December 31, 2008

Loose Pit Bulls Injure Two in Camarillo

Two people were bitten by a pair of loose pit bulls in Camarillo when they tried to pull the animals off another dog they were attacking, the Ventura County Star reports. One man sustained a bite to his hand and had to be taken to a local hospital for treatment. A woman was treated at the scene for a bite to her hand. The pit bulls ended up killing the dog that the two people were trying to rescue. Sheriff’s deputies captured the pit bulls and animal control officers impounded the animals.

It is extremely fortunate that the two people who tried to rescue the other dog were not more seriously injured by these pit bulls that were running loose in this Camarillo neighborhood. I wish both the injured victims the very best for a speedy and complete recovery.

This is the third Southern California dog attack in just the last week or so where two or more pit bulls have been attacking people or animals in packs. I’ve always maintained that pit bulls are extremely dangerous when they attack in packs rather than by themselves. They egg each other on and treat the person or animal they are attacking like prey in the wild. These breeds are nothing less than predators. They mark their targets and attack mercilessly.

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December 31, 2008

New California Law Banning Texting While Driving Takes Effect Jan. 1

California will become the sixth state in the nation to ban texting while driving. The new law will take effect on Jan. 1, 2009. Motorists caught texting and driving at the same time could start facing fines of up to $100. This ban came after a couple of bills took effect in July 1. One allows adult motorists to use only hands-free devices while driving. The other prohibits drivers under 18 from using cell phones in any way while driving. This new law drives home the point and makes it clear that it is not OK for adult drivers to be texting while driving. Our source for this blog was this Associated Press news report.

According to statistics from the California Highway Patrol, cell phone use was a factor in 61 deaths and 3,489 injuries on California’s roads and highways from 2002 to 2007.
Under the new law, texting while driving could result in a $20 fine for a first offense and a $50 fine for subsequent violations. But the total expenses for the violator can add up because a number of fees could be tacked on to those penalties.

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December 30, 2008

New Bush Administration Rule Blocks Information about Nursing Home Negligence

A recent Bush administration change in federal rules on nursing home inspections makes it near impossible for the public to get information about nursing home violations and complaints about nursing home abuse and negligence. According to this news report, this new federal rule restricts release of detailed nursing home inspection information if officials say they are administrative and have no significant public impact.

This new rule was apparently put into effect in October with little notice and without a public comment period. It is not surprising that consumer advocates are sharply criticizing the administration for closing the door on such crucial information.
Officials of the Department of Health and Human Services say their employees have been too burdened by requests for information. Under the rule change, state employees who inspect nursing homes for the federal government are reclassified as federal employees and are not allowed to provide “privileged” information of documents to the public without approval from the Centers for Medicare and Medicaid Services.

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December 30, 2008

Anaheim Head-On Collision Kills Woman

Rebecca Moon, 29, of Irvine, died in a December 27, 2008 Anaheim auto accident on Interstate 5, The Orange County Register reports. Moon was killed when a 1997 Chevy driving the wrong way on the southbound I-5 near Euclid Street crashed into the front left of her black 2001 Toyota. Two other passengers in the Toyota suffered minor to moderate injuries.

The wrong-way driver, identified as a 28-year-old Los Angeles man, escaped with minor injuries. California Highway Patrol officials are still investigating the crash. There is no word yet on whether the wrong-way driver has been arrested or charged.

My heart goes out to the family of Rebecca Moon for their tragic loss. I offer my deepest condolences to them. Please keep them in your prayers.

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December 29, 2008

Northridge Hit-and-Run Pedestrian Accident Severely Injures Woman

A hit-and-run driver may have deliberately swerved across lanes and struck 33-year-old Olivia Almalel on December 25, 2008. Almalel was crossing Reseda Boulevard at Devonshire Street in the early morning when the Northridge pedestrian accident occurred, The Los Angeles Daily News reports. Los Angeles Police Department officials say the driver, who was driving a green 1995-97 Mercury Grand Marquis, was going in the opposite lanes, but crossed over to the other side and struck Almalel from behind.

Almalel apparently suffered severe spinal cord injuries, which her family members say will leave her paralyzed for the rest of her life. Her brother, Oliver Almalel, tells police that his sister has no feeling below her waist. LAPD officials are asking anyone who has more information about this hit-and-run driver to call their Valley Traffic Division at 818-644-8027. Almalel initially described the suspect vehicle as gray or black in color, but police investigators apparently retrieved a green bumper from the scene of the accident.

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December 28, 2008

Man Killed in Costa Mesa Industrial Accident

Alvin Gerk, 30, suffered fatal injuries in a Costa Mesa industrial accident on December 24, 2008, the Huntington Beach Independent reports. Gerk was found dead underneath a pickup outside of his place of business, AG Mobile, a service company for industrial trucks. According to officials from the California Division of Occupational Safety and Health (Cal/OSHA), Gerk was underneath a truck trying to put the transmission in gear when it rolled on top of him.

Cal/OSHA officials are saying that this on-the-job injury may have been prevented if Gerk had applied the parking brake. Both Cal/OSHA and the Orange County Coroner are apparently investigating this fatal Costa Mesa on-the-job accident.

My heart goes out to the family of Alvin Gerk for their tragic loss. Please keep them in your prayers.

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December 27, 2008

Lawsuit Alleges City of Temecula and Caltrans Knew about Dangerous Intersection

The family of 5-year-old Sergio Flores has filed a lawsuit against the city of Temecula and Caltrans, which states that a dangerous condition on the roadway caused the fatal accident. Sergio was hit by a pickup while riding his bike. The accident occurred near Rancho Vista and Calle Rio Vista on December 22, 2007. Our source for this blog is this news report in The Press-Enterprise.

The lawsuit alleges that faulty road design led to Sergio’s accident. It also states that both the city and Caltrans knew or should have known that the lack of sidewalks on both sides of the street near a high school would pose a hazard to children who are walking or riding their bikes. The suit also states that drivers may not be able to see children walking or riding their bikes in time to avoid an accident. In addition, the plaintiffs allege that the dangerous street intersection did not have adequate lighting or speed controls.

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December 26, 2008

Garden Grove Auto Accident Critically Injures 7-year-old Girl

A 7-year-old girl is fighting for her life after she was critically injured in a Garden Grove auto accident on December 22, 2008, The Orange County Register reports. The crash occurred at the intersection of Garden Grove Boulevard and Nelson Street. Garden Grove police officials say the accident took place when a black Honda was driving east on Garden Grove Boulevard approaching a green light on Nelson. The Honda was apparently making a left on Nelson, but the female driver did not notice that the green arrow signal light was no longer lit and continued to turn, causing her to collide with a westbound Toyota.

The front end of the Toyota struck the center right side of the Honda at a high speed and the two vehicles were pushed on to the north side of the road. The Toyota then crashed into a third vehicle. Police have not said which vehicle was occupied by the critically injured girl. She is said to be in a coma and doctors do not expect her to survive. A woman and a few other children were also injured and taken to the hospital. Their injuries were not life-threatening.

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December 26, 2008

Truck Driver Charged with Misdemeanor in Fatal Big Rig Accident

A Modesto truck driver has been charged with one count of misdemeanor vehicular manslaughter for his role in a fatal truck accident. The truck driver crashed an out of control big rig and killed 9 year old Tyler Fahy of San Mateo on September 22, 2008. According to an article in the San Francisco Examiner, Carlos Siordia, 43, was working for the Hayward-based construction company Century Roof Tile when the heavy-duty truck he was operating blew through an intersection. The large truck smashed into a car and several other cars in the parking lot of a grocery store.

Tyler was in the first vehicle struck by the out-of-control truck and died from his injuries. After a three-month investigation, San Mateo Police Department and California Highway Patrol officials determined that there were no mechanical malfunctions in the vehicle and that Siordia did not act in a grossly negligent manner. They determined that the brakes of the truck were operable as was the emergency brake. Siordia did not have a prior criminal record and had a valid commercial driver’s license. Tyler’s parents, including his mother Adrienne Colao, have sued Century Roof Tile for wrongful death. Colao was in the car when her son was killed.

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December 25, 2008

Orange County Street Intersection Accident Victims Receive $8.3 Million Jury Award

A jury has found that the city of San Juan Capistrano must pay $8.3 million in damages to Trenton Merrill and Scott Agostini. The two boys were seriously injured in a 2005 accident because of a dangerous condition at a city street intersection. The jury found that the dangerous condition at the intersection was a “substantial factor” in the injuries caused to the teenagers. Our source for this blog is this news report in The Orange County Register.

Merrill, who is now 18 years old, was a passenger on a dirt bike that belonged to Agostini. The boys were crossing San Juan Creek Road at Paseo Christina when they were struck by a BMW. Residents of that Hidden Valley neighborhood had complained to the city several times asking for a crosswalk or a stop sign at the intersection. City documents show that residents had been complaining for years about this dangerous Orange County intersection. But city officials decided that the intersection did not warrant a crosswalk or a stop sign.

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December 24, 2008

Activist Shines Spotlight on Tragedies Caused by Runaway Trailers

I came across this interesting column in the Pittsburgh Tribune-Review that talks about an issue that has been of great concern to me – runaway trailer accidents. Runaway trailers usually occur as a result of not being properly secured to a vehicle and can cause catastrophic accidents with serious injuries or deaths.

This news report is about an activist, Ron Melancon from Glen Allen, Virginia, who has taken it upon himself to document accidents involving passenger vehicles that tow trailers. A 43-year-old retail sales manager, Melancon is working to get national safety standards in place to prevent these tragic accidents from happening. Most recently in Pennsylvania, 36-year-old Michelle Kott was killed on a local highway when a trailer came loose from a truck and crashed into the car she was driving. In fact, this tragedy was similar to a horrific April 2006 accident in Richland, Pennsylvania, where a wood chipper detached from a truck and slammed into a minivan killing 37-year-old Spencer Morrison and two of his 4-year-old triplets.

California is no stranger to these tragic runaway trailer accidents. Statistics on these accidents are not readily available because the government does not keep track of these incidents very well. However, a recent Los Angeles Times investigation identified 540 runaway trailer accidents from news reports and court files between 2000 and 2007. These accidents resulted in hundreds, if not thousands, of injuries and at least 164 deaths. It is very likely that there were many more runaway trailer accidents, injuries and deaths that were not reported by news sources.

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December 24, 2008

Laguna Hills Woman Mauled by Pack of Unsecured Dogs

Two Laguna Hills residents were attacked and bitten by three bullmastiffs on December 18, 2008 after the dogs got out of their fenced yard, according to this ABC News report. The large dogs weighing between 100 to 150 pounds got out of their yard, made their way up Terra Bella Street and attacked Ed Barnard, who was standing near his truck. The dogs bit Barnard in the thigh, but he was able to get away. The dangerous dogs then attacked their second victim, a woman in her 60s.

Neighbor Jim Warren, who helped free the woman from the pack of dogs, said he ran to help her when he saw “three huge dogs pulling this gal from the sidewalk to the middle of the street”. He said he saw the dogs mauling the woman. He then jumped on the dogs and got some help from another neighbor who picked up a shovel and hit the dogs over the head until they let the woman go. Barnard described the dogs as having a “pack mentality.” Two dogs followed the bigger dog in the pack and did everything that dog did, he said. Fortunately, the woman’s injuries were not life-threatening. The three dogs were apparently euthanized at the request of the dogs’ owner.

I’m relieved that this Orange County dog attack victim and the other victims who were preyed on by these bullmastiffs are not seriously hurt and are recovering from their injuries. I’m sure the woman must be undergoing intense emotional trauma at this point. I wish her the very best for a quick and complete recovery.

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December 23, 2008

Riverside Dog Owner Attacked and Killed By his Own Pit Bulls

Gerald Adelmund, 60, of Rubidoux, was mauled to death by his own two pit bulls when he stepped into the backyard of his home to smoke on December 19, 2008. According to this news report in The Riverside Press-Enterprise, Riverside County Sheriff’s officials are calling it an “unfortunate accident.” The dogs are described as a 4-year-old, 107-pound male part pit bull part mastiff mix and a 6 year old, 52-pound female pit bull. Both dogs, as well as the female pit bull’s nine puppies, were euthanized soon after the attack.

Adelmund’s neighbors were shocked by this brutal dog attack. One of his neighbors said the dogs were always “mild-mannered” and that he even took his own dog to Adelmund’s house to play with the pit bull mastiff. Adelmund always kept the male pit bull in an enclosure surrounded by a 6-foot tall fence, says his neighbor, who called it a “random” attack. However, other neighbors say they have always been afraid of Adelmund’s pit bulls and describe the dogs as “vicious.” One neighbor said the pit bulls always growled and snapped at her through a chain-link fence that divides their property. Other neighbors said they did not even know about the pit bulls.

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December 23, 2008

Orange County Street Racing Accident Claims Teen’s Life

An 18-year-old man killed during a December 19, 2008 fatal Orange County street racing accident has been identified as Jose Merino Pacheco of Mission Viejo. Pacheco had three other passengers in his car and was racing another car driven by a 17-year-old. The fatal accident occurred at Olympiad Road near Jeronimo Road when Pacheco lost control of the Volkswagen Jetta that he was driving. The car flipped several times and then slammed into a light pole. Our source for this blog was this news report in The Orange County Register.

It is extremely fortunate that Pacheco’s three passengers did not suffer life threatening injuries. One person suffered moderate injuries while two others escaped uninjured. The other driver was in a 2008 Scion TC. That teenager’s name was not released because he is a minor.

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December 22, 2008

Officials Reject Letter Grades for Orange County Restaurants

The Orange County Board of Supervisors has rejected their own health department and grand jury’s recommendations that Orange County restaurants adopt either a color coded system or a letter-grade system to let consumers know how their establishment scored on their last inspection. According to this news report in The Orange County Register, county supervisors voted down the changes saying that they could burden restaurant owners with added costs during this period of economic crisis. Supervisors also said the county’s existing system is “doing a good job” at protecting local diners safe from food borne illnesses.

What was this big financial burden on the restaurants as a result of these changes? It would have increased the payment by no more than $7 a year for the biggest restaurants! It is a shame that the supervisors voted against both a color-coded and a letter grade system. As an Orange County personal injury attorney who has represented numerous victims of food borne illnesses over the years, I know that the current system of displaying inspection placards outside the restaurant has been woefully inadequate when it comes to preventing food borne illnesses. A color-coded or letter-grade system would definitely have been more effective and user-friendly.

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December 21, 2008

Federal Agency’s New Online Tool Rates Nursing Homes

A new Web site launched by the Centers for Medicare and Medicare Services on December 18, 2008 will help consumers evaluate nursing home care. According to this news report in the Bakersfield Californian, the agency will launch a Five Star Quality Rating System on its Nursing Home Compare Web site.

This Web site apparently already provides beneficiaries of Medicare with comparison information on 17,000 nursing homes nationwide. But this new online rating tool will utilize federal data to score each nursing home’s performance and competence in three important areas: health inspections, staffing and quality measures. The best nursing homes will receive a “five-star” rating while the worst nursing homes will receive a “one-star” rating.

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December 19, 2008

Obama Administration Expected to Handle New Roof Strength Standard

A much-awaited federal vehicle roof strength rule is being relegated to the back burner yet again by the Bush administration for the next administration to handle. The U.S. Department of Transportation has announced that it would not meet the Dec. 15 deadline for final adoption of a new roof strength rule. The department has set a new target of April 30, 2009 – more than three months into the Obama administration. Our source for this blog is this news report in Automotive News.

The National Highway Traffic Safety Administration (NHTSA) has not changed the standard in more than 30 years. It is outdated to say the least and has cost Americans tens of thousands of lives and millions, if not billions, in medical and related costs. The NHTSA estimates that out of about 40,000 fatal accidents each year in the United States, close to 10,000 deaths may be attributed to rollover accidents.

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December 19, 2008

Santa Clarita Helicopter Accident Kills Mechanic

Curtis Dale Cauthen, 31, was killed in a December 17, 2008 in a Santa Clarita helicopter accident. According to this KTLA news report, Cauthen, a mechanic for Swanson Aviation, was killed when a gust of wind caused a helicopter to blow over and spiral out of control. Cauthen, who was doing some work on the ground, was struck by one of the helicopter’s blades.

The helicopter was apparently contracted by Southern California Edison to string power lines between poles, Los Angeles County fire officials said. The helicopter’s pilot suffered minor injuries. The crash is being investigated by the Federal Aviation Administration (FAA) and the National Transportation Safety Board (NTSB). Cauthen’s employer, Swanson Aviation, is a sub-contractor working on Edison’s massive Tehachapi Renewable Transmission Project.

I offer my deepest condolences to the family of Curtis Dale Cauthen, who was tragically killed on the job. Please keep this family in your prayers.

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December 19, 2008

Former Funeral Home Director Faces Civil Lawsuit

A former funeral director of an Arizona funeral home has been named as the defendant in a civil lawsuit. The man who filed the lawsuit claims that employees at the funeral home stole valuable items left on his deceased father’s body. According to this news report in the Eastern Arizona Courier, Matthew Mendoza entrusted the body of his father to the Morris-David funeral and interment services of which Anthony E. Davis was the manager.

Mendoza alleged in his complaint that he was not allowed to see his father before the cremation and that he did not receive his father’s personal property that was given to the funeral home. Some of the items that were “missing” include $600 in cash, a wallet, a Waterman fountain pen, a reproduction World War II bullet lighter and a wedding ring. Mendoza is seeking both compensatory and punitive damages in this case.

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December 18, 2008

Rancho Cucamonga Recycling Worker Killed On-the-Job

A recycling worker killed on the job in Rancho Cucamonga on December 10, 2008 was identified as 41-year-old Efre Aceituno-DeLeon. According to this news report in the Inland Valley Daily Bulletin, Aceituno-DeLeon was fatally injured as he was working on a trash-collecting truck at CR& R Waste and Recycling. He was pinned under the truck tag axle. The California Department of Occupational Safety and Health (Cal-OSHA) is investigating this incident.

My heart goes out to the family of Efre Aceituno-DeLeon, who was tragically killed when he was simply trying to do his job. I offer my deepest condolences to everyone who knew and loved this man.

A huge challenge for families of deceased or seriously injured workers is to deal with the financial hardship that follows. Medical or funeral expenses, hospital bills and loss of wages cripple these families economically. The DeLeon family will certainly be entitled to receive workers’ compensation through Aceituno-DeLeon’s employer. However, workers compensation benefits in California are woefully inadequate to compensate a family for loss of income from a primary breadwinner, let alone the loss of a loved one.

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December 18, 2008

Lead Tainted Defective Toys Cost Mattel $12 Million

Toy manufacturer Mattel Inc. will pay $12 million to 39 states in order to settle an investigation over lead-tainted toys made in China and sold in the United States in 2007.
Mattel and its subsidiary Fisher Price recalled more than 21 million of these defective toys fearing that excessive lead in many of these toys can cause brain damage in young children. Many of these toys also contained tiny magnets that young children could swallow accidentally. Our source for this blog was this Associated Press news report.

Mattel, as part of this $12 million settlement, has agreed to lower the acceptable level of lead in toys to 90 parts per million down from 600 parts per million, which is the federal standard now.
When new regulations go into place next year, the federal standard will also fall to 90 parts per million. California was one of the states that took part in negotiations for Mattel’s 12 million settlement, but also reached a separate agreement under its Safe Drinking Water and Toxic Enforcement Act. Nine toy companies, including Mattel, will pay California $1.8 million in this separate settlement.

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December 17, 2008

Anaheim Train versus Auto Collision Kills Woman

Linda Krueger-Small, 68, of Lake Forest was killed after she was struck by a freight train on December 15, 2008. The Anaheim train accident occurred after Krueger-Small’s car became stuck on the railroad tracks near Lakeview and Orangethorpe avenues. A passerby tried to get her out of the vehicle, but couldn’t do so before the train hit the vehicle. Our source for this blog is this news report in The Orange County Register. The train’s engineer apparently told officials that he saw the vehicle on the tracks, but couldn’t stop the train in time to avoid the fatal collision.

I offer my deepest condolences to the family of Linda Krueger-Small, who died in this tragic accident. Going by readers’ comments to the news report, she was obviously well regarded and loved by many. Unfortunately, she was in the wrong place at the wrong time. My heart also goes out to the Good Samaritan who tried to help Krueger-Small get out of the car, but wasn’t able to do so. I pray for his emotional recovery from this traumatic incident.

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December 17, 2008

Anaheim Education Center Building Roof Collapse Injures 14

Twelve students and two teachers at the North Orange County Regional Occupational Program building in Anaheim were taken to the hospital with injuries after the roof of the adult classrooms collapsed on December 15, 2008 because a main drain failed. According to this news report in The Orange County Register, the injured victims suffered neck, back, muscular, skeletal and wrist injuries.

Officials are saying that the roof caved in after a main drain failed above one of the classrooms. This caused water to collect and the roof to cave in taking an air-conditioning unit down with it. The injured victims were said to have been between 17 and 50 years old. A 50-year-old female teacher had to be rescued after she was trapped under the debris.

I’m relieved that this Anaheim roof collapse did not result in catastrophic injuries. My heart goes out to everyone who was injured and possibly traumatized by this horrific incident. I wish all of the injured victims a complete and quick recovery – both physically and emotionally.

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December 16, 2008

Family of Balloon Accident Victim Settles For $1.4 Million

The family of an Oceanside, California woman who fell to her death during an October 2007 hot air balloon accident in Albuquerque, New Mexico, has reached a $1.4 million settlement with the company that managed the balloon rides. According to an Associated Press news report, 60-year-old Rosemary Wooley Phillips fell through a hole in the balloon’s gondola when the balloon’s pilot became entangled in power lines.

The accident happened immediately after the balloon’s pilot became distracted watching another hot air balloon crash into a house, an investigation by the National Transportation Safety Board (NTSB) revealed months after the accident. The wrongful death lawsuit, filed by Phillips’ sister, named the Albuquerque International Balloon Fiesta pilot Tom Reyes and his two employers; Albuquerque based Star Trail Inc. and Rainbow Ryders. Four other passengers in the balloon, including Phillips’ partner Cheri Dias, suffered minor injuries. The $1.4 million was apparently the limit of what the Fiesta was insured to cover and was shared between Dias, Phillips’ two siblings and another friend, who was injured in the crash as well.

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December 16, 2008

Hayward Big Rig Accident Kills Man

Vu Huy Phan, a 32-year-old Oakland man, was killed in a December 12, 2008 big rig accident after a large truck struck his car on Interstate 880 in Hayward. According to a news report in the San Francisco Chronicle, Phan was driving South on the Interstate 880 when he hit the back of a big rig near Industrial Parkway. Phan apparently pulled over on the far right lane of the freeway when another big rig struck his vehicle. Phan suffered fatal injuries and was pronounced dead at the scene of the crash.

My heart goes out to the family of Vu Huy Phan for their tragic loss. I offer my deepest condolences to them.

According to the U.S. Department of Transportation’s truck accident statistics, there were 361 fatal accidents involving large trucks in California in 2007 and 10,635 injury accident involving big rigs during that same time. California tops the list of states with the highest number of fatal and major injury big rig accidents. Big rig accidents can be catastrophic simply because of the size and weight of the vehicle. Very often we see that the occupant of the passenger vehicle is seriously injured or killed in a big rig accident while the driver of the big rig usually escapes uninjured.

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December 15, 2008

Orange County Freeway Accident Kills Toddler

Two-year-old Sofia Sales died after her father’s sport utility vehicle was involved in a multi-vehicle auto accident on the northbound 55 Freeway in Orange on December 11, 2008. According to this news report in The Orange County Register, Sofia’s father, John Sales, and her 4-month-old brother, Connor Sales, suffered minor injuries in the crash.

The chain reaction crash began when a Toyota Corolla with a flat right-front tire, driven by 27-year-old Shaheen Patel of Irvine, was traveling at a very slow speed on the No. 2 lane of the freeway near Walnut Avenue. Orange resident John Sales was right behind Patel in his Mercury Mountaineer and began to stop his vehicle when he saw Patel’s vehicle was disabled. However a 2006 Chevy Silverado driven by 38-year-old Armstrong Kitchen was unable to stop and rear-ended Sales’ SUV. That in turn caused Sales’ Mountaineer to move forward and collide with the Toyota. Patel was uninjured and Kitchen was taken to the hospital with moderate injuries. Sofia died a few hours after the accident.

My heart goes out to this Orange County family that is grieving the loss of this little girl, Sofia Sales. I offer my deepest condolences to them. I also wish John Sales and his infant son, Connor, the very best for a speedy recovery. Although they suffered only minor injuries, I can only imagine the emotional aftermath of such a tragedy.

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December 12, 2008

Northridge Pedestrian versus Auto Accident Injures Three

Three men in their 20s were seriously injured while trying to cross a Northridge street on December 10, 2008, the Los Angeles Daily News reports. The three men were struck by a car at Louise Avenue and Roscoe Boulevard while trying to cross the street. They all suffered major injuries, but are said to be recovering. Apparently, this is the third serious pedestrian versus auto accident in Northridge since September.

It is indeed fortunate that no one was catastrophically or fatally injured in this pedestrian versus car accident. I wish all three injured victims the very best for a speedy and complete recovery.

There is no information in this news article about how or why this collision occurred, but it does state that they were crossing the street at an intersection. As the law states, any time a pedestrian is walking across the street in a crosswalk or at an intersection, the motorist must yield right-of-way. California Vehicle Code Section 21950 (a): “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.”

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December 12, 2008

San Diego Jet Crash Survivor Searches for Answers

Officials have identified the four people who died in the December 8, 2008 F-18 plane crash in San Diego as Young Mi Yoon, 36; her two daughters 15-month-old Grace and 2-month-old Rachel and mother 60-year-old Suk Im Kim. The only surviving member of the family is Yoon’s husband, Dong Yun Yoon, who was at work when the accident happened. Our source for this blog is this Associated Press news report.

One day after the heartbreaking tragedy that wiped out his entire family, Yoon held a press conference feet away from his destroyed home, asking people in the community for advice about what to do next. He asked guidance from people who have suffered “more terrible things.” The Associated Press article quoted Yoon as saying: “Please tell me how to do it. I don’t know what to do.”

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December 11, 2008

Medtronic Denies Wrongful Death Claim

Medtronic Inc, a medical device maker, is contesting claims that it is responsible for the death of a California woman whose doctor inserted a bone-growth protein into her neck.
According to this news report in the St. Paul Business Journal, Shirley Nisbet of Vista, California, had Medtronic’s Infuse Bone Graft inserted in her neck in August, barely weeks after the U.S. Food and Drug Administration (FDA) issued a warning that such a surgery could pose a risk to the patient’s life.

The lawsuit, filed by Nisbet’s family, alleges that she went into respiratory arrest after the procedure and died within days of the surgery. But Medtronic officials say its technical consultant had denied recommending the off-label use of the company’s Infuse Bone Graft product. Physicians ultimately decide how medical devices are used to the benefit of the patients, a Medtronic spokesperson says. To me, that sounds like passing the buck.

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December 11, 2008

Anaheim Nursing Home Residents Abused by Nursing Assistant

A 35-year-old male nursing assistant has been arrested on suspicion of sexually assaulting two women in his care at Anaheim Terrace Care Center in the 100 block of South Knott Avenue. One of Alejandro Arias’ victims is 84 years old and the other 60, The Orange County Register reports. Both the victims alleged that Arias groped them and then forced them to touch him inappropriately.

Officials say Arias may have worked at another elder care facility in Orange County before he began working for Anaheim Terrace Care Center. He has apparently been a certified nursing assistant for the last two years. Administrators at Anaheim Terrace reported the allegations to police. Arias has been charged with three felony counts of sexual battery on an institutionalized victim and numerous other misdemeanor counts. Police investigators are still looking for others who may have been abused or victimized by Arias. If you have any information, please call Detective Omar Adham at 714-765-1623.

My heart goes out to both the victims and their families. These were vulnerable nursing home residents who could not care for themselves. They were dependent on this nursing assistant to tend to their basic needs and he apparently took advantage of it. Despicable!

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December 10, 2008

Fresno ATV Accident Kills Teenager

A teenager who was killed in a Fresno ATV accident on December 6, 2008 has been identified as 16-year-old Alyssa Wiley. According to this news report in the Fresno Bee, the off-road vehicle accident occurred in the 13000 block of Bullard Avenue near Academy Avenue.
California Highway Patrol officials apparently have no other information about this ATV crash. Alyssa died of her injuries a day after the accident.

My heart goes out to Alyssa’s family for their tragic loss. To lose someone so young must be heartbreaking for any family. Please keep them in your prayers.

There are many unanswered questions that arise from the tragic accident. What type of all-terrain vehicle was Alyssa riding? Was she a driver or a passenger? Was she wearing safety gear, specifically a helmet? How did she lose control of the ATV, if she was the one driving it? Answers to these questions will help determine what exactly went wrong or caused this ATV crash.

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December 9, 2008

F-18 Plane Crash in San Diego Claims Three Lives

Three people are dead and one other is presumed dead after a U.S. Military jet crashed around noon on December 8, 2008 in University City, San Diego.
According to this news report in the San Diego Union-Tribune, a mother, her young child and the child’s grandmother died at 4416 Cather Avenue when the disabled F/A-18D Hornet crashed into the house in what is described as a “fiery explosion.”

A second child was missing and presumed dead before rescue personnel suspended their search at nightfall. None of the victims have been identified yet, but the newspaper describes the victims as a family of Korean immigrants.

My heart goes out to this beautiful family that perished as a result of this nightmarish aviation accident. I offer my deepest condolences to the father who was away from home at work when the accident occurred. Please keep this grieving man in your prayers.

The jet’s pilot, a student pilot at the Miramar Marine Corps Air Station, had apparently ejected safely and was listed in good condition at the San Diego Naval Medical Center.
He was en route from the aircraft carrier Abraham Lincoln that was operating in the Pacific Ocean off the coast of San Diego. He lost one engine over the ocean and the other failed over the neighborhood. The crash occurred less than a quarter mile from University City High School.

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December 9, 2008

Anaheim Motorcycle Accident Kills Man

Ralph Mongenel. 61, of Santa Ana, was killed in an Anaheim motorcycle accident on December 6 2008, The Orange County Register reports. Mongenel was riding south on Brookhurst Street under the 91 Freeway in Anaheim when he hit the center divider at the south side of the intersection. He was apparently trying to enter the freeway when he hit the divider. Mongenel was taken to an area hospital where he died shortly after.

I offer my deepest condolences to the family of Ralph Mongenel for their tragic loss. Please keep them in your prayers.

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December 9, 2008

Yorba Linda Pedestrian Accident Kills Woman

Carol Sue Patterson, 67, was killed in a Yorba Linda pedestrian accident on December 6, 2008, The Orange County Register reports. Patterson was crossing Bastanchury Road near Prospect Avenue with 80-year-old Ronald Iver Severson when they were both hit by a 2006 Dodge Charger. The driver was identified as 68-year-old Josephine Zorzy of Yorba Linda.

Brea Police officials say the couple was crossing the street to get to a church and that they were not crossing at an intersection or using a crosswalk. Both were taken to an area hospital where Patterson later passed away due to her injuries. Severson is recovering from moderate injuries. Zorzy has not been arrested pending a police investigation. Police officials say she did not appear to be under the influence of alcohol or drugs.

I offer my deepest condolences to the family of Carol Sue Patterson for their tragic loss.
I’m relieved that Severson survived this horrific accident and wish him the best for a quick and complete recovery.

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December 8, 2008

Nursing Home Aides Charged With Abusing Residents

Two teenage girls, who worked at a Minnesota nursing home, are being charged with physically, emotionally and sexually abusing elderly Alzheimer’s patients at the facility, according to this shocking MSNBC News report. Brianna Broitzman, 19, and Ashton Larson, 18, allegedly spat in residents’ mouths, poked and grabbed them and at times mocked them until they screamed. Both teenagers worked as part-time nursing aides at the Good Samaritan Society nursing home.

Five other teens, who worked with these two young women, were charged as juveniles for failing to report these incidents. Both Broitzman and Larson have been charged with assault, abuse of a vulnerable adult by a caregiver, abuse of a vulnerable adult with sexual contact, disorderly conduct and failing to report suspected maltreatment – all gross misdemeanors. According to the Minnesota Department of Health’s report, 15 residents with Alzheimer’s or other dementia related disorders were abused at Good Samaritan Society between January 1, 2008 and May 1, 2008.

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December 6, 2008

Cypress Police Face Legal Claim After Police Dog Bites Woman

A 22-year-old woman who was bitten by a police dog while sleeping in the garage of a Cypress home, has filed a legal claim against the city and the police department, The Orange County Register reports. Apparently, the police department’s German Shepherd bit Alicia Quinonez at about 2 a.m. on August 16, 2008.

According to Quinonez’s claim, she went to the hospital with severe bites to her leg, but police officers say her injuries seemed to be minor. Officers had permission from the homeowner to enter the home as they were looking for a robbery suspect. The homeowner forgot to tell officials that Quinonez was sleeping in the garage. Quinonez who was understandably startled when she woke up and saw the animal, screamed and was bitten. Her lawyer, April Blackman, has said she is trying to settle the case with the city for this Cypress dog attack.

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December 5, 2008

San Diego County Hit-and-Run Bicycle Accident Kills Man

California Highway Patrol officials in San Diego County are looking for a hit-and-run driver who struck and ran over bicyclist, 30-year-old Edward Costa in Alpine on December 2, 2008. According to this NBC news report, the 12/2/08 fatal San Diego bicycle accident occurred along Alpine Boulevard near Rock Terrace Road. Costa was traveling eastbound when a vehicle swerved into the bike lane, struck Costa and ran him over. The driver then sped away from the scene of the crash. Costa was taken to an area hospital where he later passed away.

CHP officials said Costa was thrown 40 feet from where his bicycle came to rest and probably 50 to 60 feet away from the original point of impact. The hit-and-run vehicle is described as a late model white truck or SUV with a white and red license plate. If you saw this accident or believe you have information about the hit-and-run driver, please call CHP in San Diego, or give my office a call and we can pass on your tip to the appropriate law enforcement agency.

My heart goes out to the family of Edward Costa. Here was a hard working man, a husband and a father of two young children. He was an innocent man going about his business and only to be run down by someone who not only hit him, but also left him to die on the street. Heartbreaking!

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December 5, 2008

Ford Crown Victoria Rollover Accident Injures Man

William Finke, an 82-year-old passenger in a 2000 Crown Victoria, was seriously injured in a rollover collision in Dixon, California, on December 1, 2008. According to a news article in The Vacaville Reporter, the 12/1/08 rollover crash occurred on Highway 113 about a half mile south of Midway Road. The Ford’s driver, 80-year-old Beatrice Finke who was northbound on the highway, lost control of the 2000 Crown Victoria, crossed the southbound lane and rolled twice coming to rest in a dry canal.

William Finke was trapped in the vehicle for about 15 minutes until fire crews freed him from the wreckage. The driver, Betty Finke, was treated and released at an area hospital for minor injuries.

This was no doubt a close call for this elderly couple. I’m glad that they survived this horrific rollover accident and I wish them both the very best for a complete recovery.

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December 4, 2008

San Bernardino County Big Rig Accident Kills Woman

Sang Kyung Oh, a 38-year-old San Jose woman, was killed in a big rig accident on a Mojave Desert highway on November 30, 2008. According to this news report in the San Jose Mercury News, Oh was a riding in a 2008 Kia Spectra westbound on Highway 58 in San Bernardino County near Kramer Junction. A semi truck that failed to brake in response to slowing traffic crashed into the back of the car, pushing it into the eastbound lanes at which time it was broadsided by an eastbound semi truck.

Oh was pronounced dead at the scene, California Highway Patrol officials said. The Kia’s driver, a 29-year-old man, suffered serious, but non-life threatening injuries. No one else was injured in this fatal big rig crash.

I offer my deepest condolences to the family of Sang Kyung Oh. My heart goes out to the driver of the Kia, who was severely injured. I wish him the very best for a speedy and complete recovery. Please keep these victims and their families in your prayers.

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December 4, 2008

FMCSA Approves New Rule to Keep Sick Truckers Off Roadways

The Federal Motor Carrier Safety Administration (FMCSA) has approved a new rule that will require merging commercial truck and bus drivers’ licenses with medical examination certificates into one electronic record. According to this Associated Press news report, this is part of the federal agency’s effort to get medically unfit truck and bus drivers off the road.

Apparently federal officials have been dragging their feet on issuing this rule, which would have prevented medically unfit truckers and bus drivers from getting behind the wheel. FMCSA has also proposed creating a registry of doctors or physicians qualified to award health certificates to these drivers. Medical examiners who fail to meet minimum standards could be banned from issuing these fitness-to-drive certificates.

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December 3, 2008

San Bernardino ATV Rollover Accident Kills Man

An Upland man who died in a San Bernardino all-terrain vehicle accident on November 29, 2008 has been identified as 28-year-old Victor V. Ortiz. According to this news Web site, Ortiz was on an off-road quad vehicle (or ATV) when it overturned on Soggy Dry Lake, about three miles north of Highway 247 in Lucerne Valley. Ortiz, who was not wearing a helmet, was ejected from the ATV. Ortiz was transported to an Apple Valley hospital where he was pronounced dead.

I offer my heartfelt condolences to the family of young Victor Ortiz who was killed in this 11/29/08 ATV rollover crash.

We often see a spurt in ATV accidents during the Thanksgiving and Christmas holidays, especially in California where the weather is conducive for outdoor activities year-round. California is among the states that have a high number of ATV accident related fatalities. According to the U.S. Consumer Product Safety Commission’s ATV safety Web site, there were a total of 312 ATV accident related deaths reported in California between 2003 and 2006. Nationwide, 555 ATV accident deaths were reported in 2006 and about 146,000 people were treated in the country’s emergency rooms for ATV accident related injuries.

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December 3, 2008

Los Angeles Teen Killed - Van Plows Into Bus Shelter

A 14-year-old boy was killed and four other teens suffered injuries in a Los Angeles auto versus pedestrian accident on December 1, 2008. This horrific accident occurred when a van jumped a curb and slammed into a bus shelter in South Gate. The 12/1/08 crash occurred on Firestone Boulevard and Otis Street at a bus stop across the street from South Gate Middle School just minutes after school had let out. The driver of the out-of-control black Chevrolet van was identified as 18-year-old Eduardo Rojo of South Gate. Our source for this blog is this news report in the Los Angeles Times.

The 14-year-old boy was taken to an area hospital where he later passed away. The four other teenagers suffered non life threatening injuries. Los Angeles Police Department officials said Rojo’s passenger leaped out of the van and fled the scene as soon as the crash occurred. In addition to the five students who were struck, one other student fainted at the sight of the crash and suffered a minor head injury.

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December 2, 2008

Pit Bulls Attack and Kill Livestock in Mendocino County

Pit bulls on the loose have been attacking and killing livestock by the hundreds in Mendocino County, according to this news report in the Press Democrat. So far no dog attacks on humans have been reported. A federal trapper who talked to the newspaper said he has killed at least 90 pit bulls while in the act of killing or chasing livestock just in the last two years. Many other pit bulls have been trapped and turned over to animal control.

Law enforcement officials in Mendocino County blame the increase in the number of dangerous and vicious dogs in the area to the cultivation of marijuana for medical uses in this area. They say marijuana growers are suspected of bringing these dogs to guard their gardens in the remote northern part of Mendocino County. These pit bulls apparently have been a huge problem for those who own livestock in the area. The dogs have killed ewes, miniature horses and a variety of other livestock. Officials say that while wild predators tend to kill one animal at a time to eat, pit bulls chase and kill or badly maim livestock just for fun. To them, it’s sport.

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December 2, 2008

Torrance Pedestrian Accident Causes Serious Injuries

A 54-year-old Long Beach man critically injured by a car on November 27, 2008 while getting out of his vehicle in Torrance has been identified as David Reichle. He was standing next to his car in the 2700 block of 232nd Street on the morning of 11/27/08 when he was hit by a passing motorist. The female driver who hit Reichle stopped at the scene and apparently told officials that she thought she had only hit Reichle’s car door. Our source for this blog is a news article in the Daily Breeze.

This is obviously a tragic accident And David Reichle will be in my prayers. I wish him the very best for a quick and complete recovery.

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December 1, 2008

Lawndale Bicycle versus Garbage Truck Collision Kills Man

Elijah Miclea, 56, of Hawthorne was killed in a Lawndale bicycle accident on November 24, 2008 when he was struck by a Waste Management garbage truck, the Daily Breeze reports. The 11/24/08 fatal bicycle accident occurred at Marine Avenue and Hawthorne Boulevard. Miclea was on a bicycle on the southeast corner of the intersection when the Waste Management truck made a right turn and collided with the bicycle. Miclea was knocked down and fell under the wheels. He was pronounced dead at the scene.

My heart goes out to the family and friends of Elijah Miclea for their tragic loss. I offer my deepest condolences to them.

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