California Injury Blog

Oxnard police have arrested a man on suspicion of vehicular manslaughter in connection with a January 27, 2009 fatal traffic collision, which killed 44-year-old Sherry Bernadette Anthony. According to this news report in the Ventura County Star, police arrested Isaac Chavez based on information provided by community members along with video evidence that was obtained.

Chavez was arrested a day after the fatal accident. Anthony was apparently on her way to work. She was making a left turn from northbound Rice Avenue onto Latigo Avenue when a pickup truck heading south on Rice broadsided Anthony’s van. She was pronounced dead on the scene. Chavez was taken to a local hospital with a broken collarbone and other injuries. Eyewitnesses also told police that Chavez had run a red light before crashing into Anthony’s van. Chavez now faces felony vehicular manslaughter charges.

My heart goes out to the family and friends of Sherry Bernadette Anthony for their heartbreaking loss. Here was a woman who was on her way to work early morning and she gets killed because of another driver’s negligence and reckless auto driving. Tragic! I offer my deepest sympathies to everyone who knew and loved Anthony.

This news article doesn’t say whether Chavez was driving under the influence of alcohol or drugs. However, going by the eyewitness reports and the video police obtained, Chavez was driving recklessly as he ran a red light and broadsided Anthony’s van.

Continue reading "Woman Killed in Oxnard Street Intersection Accident" »

Youn Bum Lee, a South Korean national who flew to Seoul a day after he was involved in a fatal Orange County DUI motorcycle accident on the 55 Freeway in October 2005, is being extradited back to Orange County on vehicular manslaughter charges. The 41-year-old Lee, who was an executive with Hyundai, was charged with gross vehicular manslaughter while intoxicated, felony DUI and felony hit-and-run in connection with the death of Ryan Dallas Cook, 23, of Huntington Beach. Our source for this blog was this news report in The Orange County Register.

On the day of the accident, Lee was driving after drinking heavily at a Hyundai company party. He crashed his SUV into a concrete barrier on the 55 freeway after which the vehicle stalled. Cook was unable to stop his motorcycle in time and struck the stalled vehicle. He was thrown on to the freeway and struck by other motorists. After this accident, Lee took a late-night flight to South Korea before he could be interviewed by police. Cook’s family has filed a wrongful death lawsuit against Lee, against Hyundai and other executives in Hyundai who they accuse of helping Lee to flee the country.

Continue reading "Korean National Extradited to Orange County to Face Vehicular Manslaughter Charges" »

Ruben Martinez, 53, was killed in a pedestrian accident after he was struck by a motorcycle the morning of January 21, 2009, on the Long Beach (710) Freeway. According to this news report in The Press Telegram, Martinez was walking east on the freeway when one of two motorcyclists, who possibly did not see the pedestrian, struck him. Martinez was pronounced dead at the scene.

The motorcyclist who hit Martinez, 39-year-old Ramiro Ceja, of Long Beach was injured after he was thrown off his bike upon the impact. Ceja apparently flew 60 feet off his bike and suffered a numb left arm and scraped skin on the right side of his body. The second motorcyclist told officials that he and Ceja were traveling at about 80 mph when the collision occurred. The other motorcyclist swerved in time to avoid Martinez, but Ceja could not.

My heart goes out to the family and friends of Ruben Martinez for their tragic loss. I’m glad the motorcyclist in this case did not suffer fatal or catastrophic injuries from this crash. Please keep them in your prayers.

Continue reading "Man Killed in Long Beach Pedestrian Accident" »

I came across this extremely informational blog: “How to Avoid Making Mistakes in your LTD/ERISA Statement or Field Visit” written by Florida long-term disability attorney Nancy Cavey. Like most states, in Florida, long term disability insurance is purchased individually or through one’s employer. Plans purchased privately in Florida are controlled by the state and those bought through an employer are controlled by the Federal Employee Retirement Income Security Act, or ERISA as it is commonly known.

Nancy Cavey warns readers that if a long-term disability or ERISA carrier calls and asks to take your statement or arrange a field visit, it means trouble. If that happens, it would be in your best interest to retain the services of an experienced and knowledgeable long-term disability lawyer such as Nancy Cavey before you make mistakes during your statement or field visit by the ERISA investigator. Such mistakes could cost you your long term disability benefits.

Cavey explains that disability claims are usually denied because there is no objective evidence of your diagnosis; no evidence of disability or no proof of the causal relationship between your disability and your inability to perform your job. The ERISA carrier will usually want to arrange a field visit because they question what your doctor has to say about your restrictions and what you are reporting on your Activities of Daily Living forms you are asked to complete.

Continue reading "Florida’s Best Long Term Disability and Social Security Disability Lawyer " »

A 19-year-old motorcyclist suffered serious injuries when he crashed into a parked motor home in Thousand Oaks. According to this news report in the Ventura County Star, the teenager was riding his motorcycle eastbound in the 800 block of Calle Tulipan the afternoon of January 26, 2009 when he hit the motor home. The man was not wearing a helmet, Ventura County Sheriff’s officials said. The teen motorcyclist, whose name was not released, was taken to an area hospital for treatment.

I’m relieved that this young motorcyclist did not suffer a fatal injury in this Thousand Oaks motorcycle accident. I wish him the very best for a speedy and complete recovery.

According to the California Highway Patrol’s Statewide Integrated Traffic Reporting System, in 2006, there was one fatality and 31 injuries relating to motorcycle accidents. In Ventura County as a whole, there were reportedly 11 deaths and 224 injuries relating to motorcycle accidents during the same year.

Continue reading "Teenager Injured in Ventura County Motorcycle Accident" »

A 17-year-old girl was seriously injured in a Los Angeles County pedestrian versus SUV accident on January 25, 2009, the Whittier Daily News reports. The teenager was walking on Imperial Highway at Meyer Road in an unincorporated area of Los Angeles County near La Mirada when she was struck by the sport utility vehicle. The girl suffered head injuries and a broken arm and was taken to the trauma center of an area hospital. The driver of the SUV remained at the scene. California Highway Patrol is investigating the cause of the accident.

My heart goes out to the young girl who was injured in this accident and her family members, who must be going through a tough time figuring out how and why this accident occurred. I’m relieved that the teenager did not suffer fatal injuries and I sincerely hope her head injuries are not catastrophic. I wish her the very best for a quick and complete recovery and will keep the girl and her family in my prayers.

According to 2006 statistics from the California Highway Patrol’s Statewide Integrated Traffic Reporting System (SWITRS), there were six deaths and 11 injuries involving pedestrian accidents in La Mirada. In Los Angeles County as a whole, 212 people were killed and 5,224 were injured during the same period as a result of pedestrian accidents

Continue reading "Los Angeles County Pedestrian Accident Injures Teenager" »

The city of Lancaster is considering adopting strict penalties for owners of potentially dangerous and vicious dogs – particularly pit bulls and Rottweilers – which they say are used as weapons of intimidation by the area’s gang members. According to this news report in the Los Angeles Times, the proposed ordinance would also require spaying and neutering of all varieties of pit bulls and Rottweilers including mixed breeds that have the predominant physical characteristics of those breeds.

If this ordinance is approved, Lancaster will join many other cities in Los Angeles County that have adopted similar dangerous dog ordinances. But in this case, the city is going one step further by specifically identifying dogs that are potentially dangerous or vicious. California law allows government agencies to target specific breeds for spaying and neutering, but these specific breeds cannot be officially branded “vicious.” Under Lancaster’s ordinance, a hearing officer could determine an individual dog to be vicious if for example they behave aggressively. City officials say they particularly want to use this ordinance to crack down on local gang members.

Such ordinances almost always offend owners of pit bulls and Rottweilers, who understandably have a soft corner in their hearts for these animals. They argue that there is no scientific evidence that genetics cause a breed of dog to be aggressive, vicious or dangerous. While it is true that irresponsible or negligent dog owners should be punished or be held liable in dog attacks, consider these statistics. According to a news report released by the U.S. Centers for Disease Control (CDC), pit bulls and Rottweilers accounted for more than 70 percent of dog attack fatalities in the United States between the years 1979 and 1996. This report clearly shows that when it comes to dangerous dog breeds, pit bulls and Rottweilers really do lead the pack.

Continue reading "Lancaster Considering New Dangerous Dog Ordinance" »

Nursing home owners around the country are apparently trying to present arguments in favor of limiting damages in lawsuits against nursing homes. According to this news blog written by Maryland nursing home abuse and negligence lawyer, Sharon Christie, the nursing home industry is arguing that these limits or caps are necessary because the cost of defending frivolous lawsuits are a drain on resources that could otherwise be devoted to patient care.

When I read this I had the same question that Christie asks in her blog: Are you kidding me? The nursing home industry is not the one to be talking about frivolous lawsuits. As Christie says in her blog, the nursing home industry defines all lawsuits as frivolous – even when patients or residents have suffered catastrophic injuries or death due to nursing home staff’s negligence, ignorance or lack of training. As attorneys who handle California nursing home negligence and abuse cases, we see this on a regular basis.

If nursing homes are so conscientious about providing quality care for their patients, why did a recent federal study find that one out of five nursing homes in the country had serious deficiencies? Why do nursing homes spend substantial amounts of money defending lawsuits where negligence is very obvious? How does this make sense? It would benefit everyone when a nursing home does what it is supposed to do – spend money on hiring adequate staff to serve their residents and hiring qualified and trained staff, who have the skill and ability to provide quality care to their customers.

Continue reading "Maryland’s Best Medical Practice and Nursing Home Negligence Lawyer" »

I recently read a remarkably insightful book by Kentucky auto accident and personal injury lawyer Mike Schafer and I believe it is one that everyone who drives a vehicle in the state of Kentucky should definitely read. This book is titled “What You Don’t Know About Buying Car Insurance Can Hurt You: Kentucky’s Ultimate Guide for Buying Car Insurance that Will Financially Protect Your Family.” In this book, attorney Mike Schafer talks about the questions that must be asked of an insurance agent before buying an auto insurance policy. You need to make sure that the insurance you buy financially protects you and your family in the event of an auto accident.

Schafer looks out for the consumer in his book. He talks about the different types of coverage that are available to the consumer and the purpose of each type of coverage and what it should do for you, should you get in an accident and have to actually use it. How many of us can claim that we know exactly what’s in our auto insurance policy and how it’s going to work for us if we have to use it? From my thirty years of experience in dealing with people who have been in accidents, I know that most consumers don’t have a clue. The first time they find out is when they are in a state of panic after an auto accident. That turns into a state of shock when they find out that most of the loss they’ve suffered is not covered. It’s certainly not a good situation to be in.

Continue reading "Best Kentucky Auto Accident Attorney" »

Jon M. Robins of San Diego suffered severe injuries in a bicycle accident on November 8, 2008 because his bicycle hit an uneven pavement on North Torrey Pines Road, according to this news column titled “Just Fix It” in the San Diego Union-Tribune. The bicycle accident occurred between Torrey Pines Scenic Drive and Northpoint Drive when Robins’ front bicycle tire caught a deep but hard-to-see groove in the bicycle lane where the street had sunk about an inch.

Robins suffered 13 rib fractures and a shattered clavicle as he fell to the ground. He is still facing more surgery on his collarbone. Apparently, Robins’ wife Stephanie was trying to bring the city’s attention to this dangerous roadway condition. So she approached the Union-Tribune columnist to help fix those rough patches on Torrey Pines. The city took swift action after being contacted by the newspaper. The city’s street division immediately sent a crew to inspect the rough patches and almost instantly temporary repairs were made in the form of an asphalt coat.

Continue reading "City of San Diego Repairs Rough Patches on Bike Lane After Bicycle Accident" »

A Los Angeles police motorcycle officer suffered injuries including a broken leg in a motorcycle accident in Atwater Village after a motorist backing her vehicle out of her driveway struck the officer. According to a news report in the Los Angeles Daily News, the collision occurred in the 3200 block of West Garden Avenue the morning of January 21, 2009. The officer’s name has not been released.

I’m relieved that this on-duty officer did not suffer a catastrophic or fatal Los Angeles motorcycle accident. I wish him the very best for a quick and complete recovery.

According to California Highway Patrol’s Statewide Integrated Traffic Reporting System, in 2006, 21 fatalities and 786 injuries were reported as a result of motorcycle accidents in the city of Los Angeles. In the county as a whole, there were 78 deaths and 2,168 injuries that occurred as a result of motorcycle accidents during the same period.

Continue reading "LAPD Officer Injured in Los Angeles County Motorcycle Accident" »

Juanita Hernandez, 24, of Montclair was killed in a San Bernardino pedestrian accident, according to this article in the Inland Valley Daily Bulletin. Hernandez was walking on Etiwanda Avenue the morning of January 20, 2009 when she was struck by a 1997 Chevrolet Suburban. Hernandez was pronounced dead at the scene. The driver of the Suburban, identified only as a 25-year-old Upland man, stopped after the crash. The accident is under investigation.

I offer my deepest sympathies to the family and friends of Juanita Hernandez. Please keep them in your prayers.

According to the California Highway Patrol’s Statewide Integrated Traffic Reporting System in 2006, there were eight deaths and 51 injuries relating to pedestrian accidents in the city of San Bernardino. In the county as a whole, 57 deaths and 448 injuries were reported.

In this article of the fatal San Bernardino pedestrian accident, there is very little information about how exactly this collision occurred. The newspaper report states that Juanita Hernandez was walking on the road. But we don’t know if she was walking in a crosswalk. I trust the investigation will reveal the details.

Continue reading "San Bernardino Pedestrian Accident Kills Woman" »

A San Dimas nursing home has been fined $121,000 in connection with the death of a 90-year-old woman, who health officials say, died because of the nursing home’s negligence and poor care. According to this news report on KTLA’s Web site, the resident who was dependent on a ventilator, died on October 27, 2007, at the Casa Bonita Convalescent Hospital after being disconnected from the machine. Not only that, but the ventilator’s remote alarm had also been turned off so staff were not alerted to the problem.

State officials issued the Los Angeles County nursing home with what is known as an “AA” citation, which is the most severe fine or penalty that a nursing home can receive under California law. In addition to the $100,000 fine for an AA citation, the nursing home was also slapped with a $20,000 fine for failing to check on the alarm system and a $1,000 fine for failing to implement staff policies that ensured ventilator education and certification. An attorney for Casa Bonita has said that the operator of the facility, Longwood Management Corp, will appeal the fines.

My heart goes out to the family and friends of this 90-year-old woman, who suffocated to death because her ventilator had been turned off and she stopped breathing. A medical ventilator is an automatic machine that is designed to mechanically move air into and out of the lungs to provide a mechanism of breathing for a patient who is physically unable to breathe or is breathing insufficiently.

Continue reading "Nursing Home Slapped with $121,000 Fine in Patient’s Ventilator Death" »

Delano police officials have identified a 19-year-old female security officer who died in an industrial accident at a SEARS warehouse on January 17, 2009, as Rosemary Montiel. According to this news report, Montiel was found in a small electrical security patrol cart, pinned under a trailer, by other security personnel who were looking for her. SEARS workers had lost contact with her prompting the search. Police are still investigating how this fatal industrial accident may have occurred.

I offer my deepest sympathies to the family, friends and co-workers of young Rosemary Montiel for their tragic loss. My heart especially goes out to the co-workers who found her pinned under a trailer.

I trust the California Department of Occupational Safety and Health (Cal-OSHA) is investigating this industrial accident. Based on this news report it is not at all clear how the accident occurred or how Montiel came to be pinned under the trailer.

Continue reading "Security Officer Suffers Fatal Injuries in Delano Industrial Accident" »

A woman was attacked in downtown Chula Vista by two pit bulls early morning on January 12, 2009 when she was walking her dog, according to the San Diego Union-Tribune news report. Two men who lived nearby apparently heard the woman scream for help on Jefferson Avenue near K Street.

One of the men, 30-year-old Lawrence Kijanka, said he and another man screamed at the pit bulls and chased them about a block away. The woman, who was attacked by the pit bulls, was trying to protect a small black dog she was walking. Kijanka said he saw the woman on the ground with blood on her forehead and apparent bite marks on her arms and legs. Chula Vista animal control officials have put the pit bulls under quarantine. There is no word about the dogs’ owner.

My heart goes out to the woman who was injured in this horrific San Diego County dog attack. I wish her the very best for a quick physical and emotional recovery as these vicious dog attacks can be extremely traumatic

Continue reading "Chula Vista Woman and Dog Attacked by Pit Bulls" »

Three young boys were injured in a pedestrian accident January 19, 2009 after they were struck by a car at a Pasadena street intersection. According to this news report in the Pasadena Star News, the incident occurred when a mother and her three sons – ages 3, 4 and 15 – were struck by a car on the corner of Arroyo Parkway and Fillmore Street.

Pasadena police officials say the mother and her sons were about halfway across the street when the light turned green for southbound traffic. A car in the number one lane stopped, but a car in the number two lane continued going and hit the pedestrians who were apparently on the crosswalk, still making their way across the street. The boys were conscious and talking after they were hit in this Los Angeles County pedestrian accident. But the children were all taken to the hospital for treatment. Police now characterize their injuries as “minor.” There is no information about whether the mother suffered any injuries

This is an accident that could have turned tragic in a heartbeat. I’m extremely relieved that it didn’t take that tragic turn. I’m sure this family must be badly shaken up by this street intersection collision and I wish them the very best for a quick and complete physical and emotional recovery.

Continue reading "Los Angeles County Pedestrian Accident Injures Four" »

Veterans today are facing more challenges than ever before. They are probably the most criticized and underappreciated segment of our population. What most of us forget is that we owe our freedom to these brave men and women who have put their lives on the line. But what happens when they return from duty? They face a slew of challenges from combat stress and readjustment issues to changes in family roles, bonding with children who were born in their absence, job changes and unemployment. If ignored, these issues can turn out to be catastrophic for veterans and their families. Veteran fatalities caused by suicides are said to be at an all-time high among veterans now.

According to studies conducted by The Walter Reed Army Institute of Research, about 283,000 veterans are struggling with reintegration issues and won’t seek mental health assistance because of the stigma associated with it and the consequences it could have on their career prospects.

This is where a great group of people called Freedom & Honor come in. This group conducts training and education programs for members of the U.S. military, whether they are veterans or on active duty. These programs have in fact been designed by training experts with the help of combat veterans. The flagship program of Freedom & Honor, Return to Honor, is a 2.5-day cognitive and experiential program using training methodologies proven effective with trauma victims. These workshops takes a peer-to-peer approach that helps these veterans learn how to re-establish connections, with friends, families and society and how they can effectively reduce the impact of combat trauma on their lives. These are not mental health programs, just a training program to help veterans get back to living their lives and becoming productive citizens.

Continue reading "Giving Veterans Hope and a Second Chance" »

Los Angeles County supervisors have asked state officials to require California’s nursing homes to prominently post their new federal star ratings, just the way Los Angeles County restaurants display their letter grades. According to this news report in the Los Angeles Times, this proposal is not being supported by patient advocates and nursing home officials, who say that the new federal five-star rating is flawed because it overlooks significant violations and sometimes, even penalizes well-run nursing homes.

California apparently has 1,254 federally rated nursing homes, more than any other state. Out of those, 272 nursing homes received the “one-star rating,” which is the lowest and 148 received five stars, the highest rating. Los Angeles County supervisors have unanimously voted to ask Governor Arnold Schwarzenegger and state health department officials to support their plan. The proposal also states that nursing homes that receive Medicare and Medi-Cal should display information about their federal rating in any admissions agreements for new patients. Supervisors also voted to link Los Angeles County’s Web site to the federal rating site, Nursing Home Compare.

The ratings were first issued by the Centers for Medicare and Medicaid Services in December after patients and advocates complained that information about nursing homes on their Web site was far from user-friendly. The ratings were based on three years of data gleaned from state inspections and reports provided by nursing homes. The facilities are rated based on, among others, how the nursing home responds to residents’ declining mobility, high-risk bedsores and pain.

Continue reading "Los Angeles County Supervisors Want Nursing Home Ratings Displayed" »

A woman, who suffered severe brain injuries that left her permanently disabled after her car was broadsided by a Los Angeles Police Department vehicle will get $4.5 million in a settlement approved recently by the Los Angeles City Council. According to this news report, Sandra Griffin was sitting in the driver’s seat of a parked Nissan Altima just before midnight on September 9, 2006, when an LAPD patrol car driven by Officer Scotty Stevens struck her.

The crash apparently occurred when Stevens swerved to avoid hitting another car that was blocking lanes at the intersection of Imperial Highway and Success Avenue. Griffin and her passenger reportedly suffered “extreme and severe mental anguish, shock, anxiety, severe injuries to their nervous systems as well as severe mental and physical pain and injury,” according to the lawsuit, which was filed in Los Angeles County Superior Court.

Personal injury cases that involve traumatic brain injuries or spinal cord injuries that have resulted in permanent disability are extremely tragic. Most of these victims require 24/7 care and become dependent on someone else to perform ordinary functions such as eating, dressing, bathing and moving around. It may seem as if Sandra Griffin “won” a lot of money in this settlement. But this is no victory and the settlement is no jackpot.

Continue reading "Woman Brain-Injured by LAPD Cop Car Gets $4.5 Million" »

My partner Brian Chase and I have been named once again as “Super Lawyers.” This is the second consecutive year that I have had the honor of being named on this prestigious list and the fourth consecutive time for my partner, Brian Chase. According to Super Lawyers web site, they define themselves as a “listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.”

Being listed on Super Lawyers is particularly valuable to me because it gives recognition from one’s own peers. Also importantly, this list is published as a special supplement in leading newspapers and city and regional magazines across the country. The Super Lawyers magazine, featuring articles about attorneys named to the Super Lawyers list, is distributed to all attorneys in the state or region, the lead corporate counsel of Russell 3000 companies and the ABA-approved law school libraries. The goal of the Super Lawyers selection process is to create a “credible, comprehensive and diverse listing of outstanding attorneys” that can be used as a resource for consumers and attorneys who are looking for a high caliber of legal counsel.

This year, the organization invited more than 800,000 attorneys to participate in the survey. California is the only state other than New York and Washington D.C. where the survey is conducted by region. The selection process is quite intensive. In the end, only 5 percent of the nation’s attorneys get this distinction of being named a “Super Lawyer.” The organization asks lawyers around the country to nominate the best attorneys they have personally observed in action. Each nomination carries a point value. A nomination from someone outside the lawyer’s firm carries a greater point value. The organization also has a sophisticated database, which helps keep track of who nominates whom to detect lawyers nominating each other or instances where members of the same law firm all cast identical ballots.

Continue reading "John Bisnar and Brian Chase named 2009 Orange County Super Lawyers" »

A 2-year-old boy is in critical condition after he nearly drowned in his family pool on January 11, 2009, According to this Desert Sun article. The toddler, whose name was not released, was found after his mother noticed him missing from the house. The child was found submerged in the pool. Emergency personnel performed CPR on the toddler and transported him to a local hospital. The child is said to be hanging on to his life.

My heart goes out to this Riverside County family. I’m extremely glad that the child survived what could have been a fatal Riverside swimming pool accident. I hope the little one makes it out of this nightmare and I will pray for his quick and complete recovery.

This news report does not give any information about how the child got into the pool. Was there a gate around the pool? Was the pool gate closed or locked? These are important questions to ask. Had that child been a neighbor’s child or a visiting child that had fallen into the pool, the homeowners could be held financially responsible for the near drowning.

Continue reading "Toddler Critically Injured in Indio Swimming Pool Accident" »

San Mateo authorities have indentified a 52-year-old man killed in a pedestrian accident as Gus Roubos. According to this news report in the San Mateo County Times, the San Mateo County Coroner is trying to determine whether Roubos died from pre-existing health conditions or as a result of injuries he suffered in the January 9, 2009 pedestrian accident after a suspected drunk driver hit him.

Officials say Roubos was released from the San Mateo Medical Center barely three minutes before the fatal crash. Eyewitnesses say that Roubos was crossing the street and walking in a crosswalk when the driver recklessly hit him. That driver, 57-year-old Louis James Henry of Pacifica, has been arrested on suspicion of reckless driving and driving under the influence.

My heart goes out to the family of Gus Roubos for their tragic loss. I offer my deepest condolences to them. Here’s a man who was just released from a hospital and he gets hit in a marked crosswalk by a driver, who according to this report, was negligent and possibly drunk

Continue reading "Man Killed in San Mateo Pedestrian Accident" »

Raquel Fuerte, a 58-year-old Santa Paula woman who had recently been knocked down and left seriously injured by a hit-and-run driver in Ventura County, has now died. According to this news report in the Ventura County Star, Fuerte suffered the fatal injuries in a car versus pedestrian collision the evening of January 6, 2009 at Santa Paula Street near Blanchard Avenue.

Apparently Fuerte was walking in the bike lane of Santa Paula Street for reasons not known at this point when she was struck down by what witnesses have described as a dark-colored BMW or Honda Accord. The driver of the vehicle fled the accident scene and is still being sought by authorities. If you have any information about this collision or were a witness to it, please call Sgt. Ismael Cordero or Detective Kenneth Clark at 525-4474. Fuerte, who had been in an area hospital after the incident, has now succumbed to her blunt-force head injuries, said Michael Tellez, a Ventura County deputy medical examiner.

I offer my deepest sympathies to the family of Raquel Fuerte. Judging by the comments to this news article, she was clearly a well known and much loved resident. Please keep this family in your prayers.

Continue reading "Ventura County Hit-and-Run Accident Kills Woman" »

A 43-year-old man who was struck and killed in a Santa Ana pedestrian accident has been identified as Grzegor Szewczak of Costa Mesa. According to this news report in the Orange County Register, Szewczak was crossing Harbor Boulevard near 17th Street on January 13, 2009 when he was struck by a vehicle traveling south, Santa Ana police officials said.

I offer my deepest condolences to the family of Grzegor Szewczak. They will certainly be in my prayers.

According to the California Highway Patrol’s Statewide Integrated Traffic Reporting System, in 2006, in the city of Santa Ana, there were seven Santa Ana pedestrian accident related fatalities and 127 injuries attributed to pedestrian accidents. In Orange County as a whole, there were 45 deaths and 802 injuries attributed to pedestrian accidents during the same year.

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

Three deaths associated with a nationwide salmonella outbreak occurred in Virginia and Minnesota, officials for the U.S. Centers for Disease Control (CDC) have confirmed. According to this Associated Press news report, health officials are urging nursing homes, hospitals, universities and restaurants to throw out specific five-pound containers of King Nut peanut butter that has been linked to the salmonella outbreak, which has now sickened more than 400 people in 42 states. California has the highest number of afflicted people with 55 victims now. No deaths have been reported yet in California.

The contaminated peanut butter was apparently not supplied to retailers. However, it was distributed to nursing homes, schools, universities and restaurants. Officials fear that hundreds of illnesses and these three deaths were caused by the salmonella-tainted peanut butter. Officials had earlier found a match between samples from a King Nut container and the strains of salmonella bacteria making people sick across the country. King Nut has also recalled its King Nut and Parnell’s Pride brands with a lot code that begins with the number “8.” CDC officials say the salmonella bacteria in the current outbreak have been genetically fingerprinted as the Typhimurium type.

As each day goes by, it is becoming increasingly clear that the contaminated peanut butter triggered this horrendous salmonella outbreak. With food-borne illnesses, there could also be cross-contamination, which helps spread the illness even further. For example, if a knife that was used in the tainted peanut butter is also used in some other food, then that food becomes contaminated as well.

Continue reading "Nationwide Salmonella Outbreak Claims Three Lives " »

Lucas Robert Reiss, 18, died in a motorcycle accident the afternoon of January 9, 2009 on the Ortega Highway in Lake Elsinore, according to a Orange County Register article. Reiss, a resident of San Juan Capistrano, was riding a 2007 Suzuki on the westbound lanes of the highway near El Cariso Village and 46-year-old Geoffrey Keesey was traveling eastbound in a 2004 Chevy truck. Keesey had crossed into the opposite side of the road to pass another eastbound and slower truck. Reiss had to swerve to avoid Keesey’s truck, steering the motorcycle to the right and hitting a metal guardrail.

California Highway Patrol officials said Keesey did not stop at the scene of the crash, but was located later that day with the help of some eyewitnesses. Reiss was transported to an area hospital where he died an hour after the collision. The crash is still under investigation. No arrests have been made or citations issued pending the investigation.

I offer my deepest condolences to the family of young Lucas Robert Reiss who died in this tragic motorcycle accident. Please keep them in your prayers.

Continue reading "Orange County Teenager Killed in Lake Elsinore Motorcycle Accident" »

This is a victory for patients and California consumers. I’m talking about the California Supreme Court’s decision, which firmly establishes that emergency room physicians may not go after patients to collect any remaining balance remaining after being paid for their services by the patient’s HMO. Before the court’s decision ER physicians had this practice of hounding patients to pay additional bills for emergency services, often sending collection agencies after them. Our source for this blog was this news report in the San Francisco Business Times.

How big is this problem? A 2007 study by the California Association of Health Plans, an HMO industry group, reports that more than 1.8 million insured Californians who visited emergency rooms between 2005 and 2007, received bills on top of their copayments and deductibles. The average bill was $300, translating to an overall tab (for that two-year period) of $528 million.

State law requires that ER physicians perform emergency services to stabilize a patient. If the patient has HMO, then the HMO is required to pay for such emergency care. The problem, however, is that in emergency situations, HMOs may not have had a prior contract with the physician who is performing that service. So there has been increasing friction between the HMOs and emergency physicians about the discrepancy between what the HMOs will pay and what the physician has billed or will accept. This situation has forced many ER physicians to bill patients directly for the balance.

Continue reading "California Supreme Court Decides to Say “No” to ER Balance Billing" »

At least 23 Lennox Middle School students and two adults were injured in a school bus accident on the 405 (San Diego) Freeway in Los Angeles on January 10, 2009 as the children were returning from a field trip to the La Brea Tar Pits. According to this news report in the Los Angeles Times, the students were treated for bruises, scratches and pains at local hospitals. The school bus crash occurred on the northbound 405 Freeway in West Los Angeles near Palms Boulevard where road work was going on.

The Times quotes several students including 13-year-old Vanessa Gonzalez, who was apparently knocked several feet out of her seat when the bus was rear-ended. Vanessa says she hurt her hip and her back and was “in a lot of pain.” Both drivers – 22-year-old Ulises Torres and 35-year-old Carmen Gutierrez, were evaluated at the scene for signs of impairment. But California Highway Patrol officials say the drivers were not operating under the influence of alcohol or drugs. The two buses, operated by Durham School Services, were traveling between 50 to 55 mph in moderate traffic when traffic suddenly slowed to a stop. The lead bus came to an abrupt stop and the second bus crashed into it.

My heart goes out to all these children, who were shaken up by such a traumatic Los Angeles school bus incident as they were enjoying a field trip. I’m extremely relieved that none of them was seriously injured in this Los Angeles school bus crash. I wish the injured victims the very best for a quick and complete recovery.

Continue reading "West Los Angeles School Bus Accident Injures 25 " »

Five-year-old Sterling Faulkner suffered major injuries in a January 7, 2009 Bakersfield pedestrian accident after he was struck by a drunk driver while crossing the street with his mother. According to this ABC news report, Sterling and his mother, Spring Faulkner, were crossing O Street just north of 34th Street when a white 1970s pickup truck struck him. Spring Faulkner was not injured.

The driver of the pickup, John T. Clark III, 45, fled the scene of the crash. Officers located the vehicle in a nearby parking lot and eyewitnesses identified it as the hit-and-run vehicle. Shortly afterwards, police arrested Clark when they received reports that he was attempting to steal another vehicle in the area. He was charged with felony DUI causing injury, felony hit-and-run with injury, DUI with priors and driving with a suspended license. If you witnessed this accident, please call the Bakersfield Police Department at 661-327-7111.

My heart goes out to this little boy who was injured in this horrible pedestrian accident as well as his mother who went through the nightmare of watching her child get hit by a vehicle. I wish little Sterling the very best for a quick and complete recovery. He will certainly be in my prayers.

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A lawsuit from a former employee at Eternal Hills Cemetery and Mortuary accuses the mortuary of several disturbing practices including double-selling cemetery plots and permitting employees to look at deceased people whose bodies were brought in after horrendous accidents or suicides. The cemetery, which is the largest in Northern San Diego County, is owned by Houston-based Service Corp. International (SCI). Our source for this blog was this news report in the North County Times.

The former employee, Angela Maney-Sorrell, sued the company in October alleging that she was wrongfully terminated after pointing out problems at the funeral home. She had been an employee there for 21 years. Funeral home administrators have issued a statement saying that Maney-Sorrell is a “disgruntled employee” and have denied all the allegations.

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Retired Marine Douglas Perry, 58, of Anaheim, was forced to stab and kill a loose pit bull that attacked his wife, Vicki Perry, and their two dogs. Both Douglas and his wife were injured in the dog bite attack, which occurred when the couple was walking their two dogs – a Siberian husky and an American Eskimo – in the 2800 block of West Elmlawn Drive in Anaheim. Our source for this blog was this news report in The Orange County Register.

Douglas Perry said a black and white pit bull pounced on Vicki and their Siberian husky and they “were rolling in a ball on the ground.” The husky was seriously injured and had to undergo surgery, but is expected to survive. Douglas Perry then went into a neighbor’s house, got a kitchen knife and stabbed the pit bull two times. It was only then that the dog let go of its “prey,” staggered away, collapsed and died on the street.

My heart goes out to this couple. What a tough, emotional day for them! Douglas Perry says it was hard for him to kill the pit bull because he is a dog lover. I wish the couple a speedy and complete recovery from this brutal dog attack. I’m relieved that both their dogs survived this brutal attack.

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A 22-year-old Rosemead man who died after his vehicle veered off a Los Angeles County roadway and rolled down an embankment in the Angeles National Forest has been identified as Simon Alexander Perez. According to this article the Los Angeles Daily News, the accident occurred January 5, 2009 on the Upper Big Tujunga Canyon west of Angeles Crest Highway. Perez was driving a 2007 Volkswagen west on Upper Big Tujunga Canyon Road when the vehicle veered left across the westbound lanes, crossed the edge of the roadway and struck a tree.

California Highway Patrol officials said the car continued down a dirt embankment and came to rest against some shrubs. A 21-year-old Sun Valley man, who was a passenger in the Volkswagen, suffered moderate injuries in the crash.

My heart goes out to the family of Simon Alexander Perez, who died in this tragic accident. I offer my deepest condolences to them.

Continue reading "Man Killed in Altadena Auto Accident" »

Drew Heredia, a 9-year-old boy is being hailed as a hero for saving a 12-year-old dog attack victim, who was bitten by a pit bull while walking her dog. According to this news report, Drew says he and his friend were walking a small dog on December 30, 2008 in their neighborhood when a pit bull jumped on the dog. The girl tried to save her dog when the pit bull turned on her and started attacking her.

Drew said he jumped on the pit bull and applied a choke hold that he learned while taking classes at a Brazilian jujitsu studio. The boy says he was scared, but did it anyway because it was the only way to save the girl from getting more seriously hurt. The girl, who was not identified, was taken to a local hospital and treated for puncture wounds. The pit bull was quarantined at the animal control office where it will be euthanized after 10 days. The owner of the pit bull is yet to be located. The girl’s dog was seriously injured, but is expected to survive.

This is a frightening dog attack, which could have turned from bad to worse in a split second. I commend young Drew Heredia for his bravery and presence of mind, but I also shudder to think about what could have happened in this case.

Continue reading "Bakersfield Girl Injured in Dog Attack" »

The family of 46-year-old Ernesto Beltran who died after losing control of his car and plummeting into a Los Angeles flood-control ditch is suing the city and the county for not building a barrier along the freeway he was driving on, according to this news report. Beltran’s family alleges in their wrongful death lawsuit that the city and county acted negligently when they failed to install the barrier along the stretch of the 110 Freeway where Beltran dropped into the Arroyo Seco Channel.

The lawsuit states that transit officials had recommended that the safety barrier be constructed at that location more than a year before Beltran’s fatal accident in February 2007. California Department of Transportation (Caltrans) officials say a $21-million plan to build a barrier in that section of the 110 Freeway is in the works and that construction of the barrier will begin in the spring.

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A 48-year-old Orange County woman is in critical condition after she was injured in a motorcycle accident in Buena Park on December 30, 2008. According to this news report in The Orange County Register, the woman, who has not been identified, was traveling south on Artesia Boulevard when she lost control of her motorcycle and crashed into the median. The female motorcyclist was wearing a helmet, but suffered severe injuries in this accident.

I’m extremely relieved that this motorcycle accident victim did not suffer fatal injuries in this crash. The newspaper report calls it a “near-fatal” accident. I wish this critically injured victim the very best for a quick and complete recovery.

According to the California Highway Patrol’s Statewide Integrated Traffic Reporting System (SWITRS), in Buena Park, there were no motorcycle accident related fatalities in 2006, but 32 injuries relating to motorcycle accidents. In Orange County as a whole, 26 deaths and 730 injuries were reported that year as a result of motorcycle accidents.

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Jacob Jack Martinez, 24, of Hemet, was killed in a bicycle accident on December 28, 2008 after a suspected drunk driver ran a red light and struck him. According to this news article in The Desert Sun, Keokialii Young, 21, was driving a pickup west on Florida Avenue when he ran a red light on Buena Vista Street and hit Martinez, who was riding his bike across the street in a marked crosswalk. Young then drove off the road into a planter. Martinez was taken to a local hospital where he died of his fatal injuries. Young was arrested on suspicion of driving under the influence of alcohol and on manslaughter charges. The eyewitness to this tragic accident was an on duty Hemet police officer.

My heart goes out to the family of Jacob Martinez for their heartbreaking loss. I offer my deepest condolences to them.

Continue reading "Bicyclist Killed in Hemet Truck versus Bicycle Accident" »

Three people were hurt in a six-vehicle chain-reaction crash December 29, 2008 on the 57 Freeway south of Chapman Avenue in Placentia, which began when one of the drivers swerved to avoid a bedliner in the lanes. California Highway Patrol officials say that this was a bedliner that must have come flying out of a pickup truck because it wasn’t properly secured. Pickup truck bedliners often aren’t secured properly and come flying out on to freeways creating traffic hazards, CHP officials say. Our source for this blog was this news report in The Orange County Register. Two of the accident victims suffered moderate injuries and one person suffered minor injuries.

This is an accident that could have been a lot worse. I’m relieved that no one was seriously injured or killed in this Orange County freeway accident. I wish all the victims the very best for a speedy and complete recovery.

Continue reading "Orange County Chain Reaction Crash Caused by Bedliner on Freeway Injures Three" »

Officials are looking at whether a Golden Empire Transit (GET) bus driver in Bakersfield was driving recklessly when she struck and killed 62-year-old James Tate who was walking in a marked crosswalk. According to this news report in the Bakersfield Californian, the accident occurred on December 26, 2008. The GET bus was traveling north on H Street when it turned left on to 24th Street and struck Tate, who was walking north in the crosswalk.
The bus driver was identified as 50-year-old Priscilla Martinez.

Bakersfield police officials who are investigating this tragic pedestrian accident are looking at whether Martinez should have seen and stopped for the pedestrian or whether Tate carelessly walked into the path of the moving bus. Traffic investigators are apparently reviewing videotapes of the fatal Bakersfield pedestrian accident as part of the investigation.

Continue reading "Man Killed in Bakersfield Bus versus Pedestrian Accident " »