California Injury Blog

Published on: April 18, 2009

Seattle Washington Bicycle Accident Attorneys: King County Will Pay $3.5 Million to Brain-Injured Bicyclist

By Brian Chase

King County officials have agreed to pay $3.5 million to Jeffrey Totten, a Seattle resident who was injured in a bicycle accident on a county bike route. According to an article in the Seattle Times, Totten’s injuries have left him with a permanent brain injury so severe that he needs full-time care. The county has agreed to pay $3.5 million for Totten’s care for the rest of his life.

Totten, 31, a veteran of the U.S. Navy and an endurance athlete, was biking with friends down Novelty Hill Road on Sept. 4, 2006 when the front wheel of his bicycle dipped into a depression abruptly stopping the bike and throwing him headfirst onto the pavement. Totten has since spent time in a hospital, a nursing home, a rehabilitation center and is now in a group home. His wife, Danielle Leavell, says she has “lost her husband”. Totten will never work again and will need 24/7 professional care for the rest of his life.

Totten’s personal injury lawyers argued that King County was at fault because it showed Novelty Hill Road as a bike route on printed and online maps, but failed to maintain it in safe condition. Totten’s bicycle struck a hole surrounding a survey marker that had grown deeper with successive paving jobs. Totten was wearing a helmet, but his fall was so bad that it didn’t help.
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Published on: April 17, 2009

San Bernardino County Fatal Industrial Accident

By Brian Chase

Humberto Diaz-Guzman, 34, died in a Fontana on-the-job injury accident, according to news reports and the San Bernardino County Coroner’s Office. Diaz-Guzman died the night of April 13, 2009 of injuries he suffered in an April 6, 2009 workplace accident. He was apparently struck in the head with a piece of metal that flew off a tire balancing machine. The Fontana Sheriff’s Department and the California Department of Occupational Safety and Health (CAL-OSHA) are investigating this incident.

I offer my deepest sympathies to the family of Humberto Diaz-Guzman for their tragic and heartbreaking loss. Please keep them in your prayers.

According to Cal-OSHA’s 2005 on-the-job fatality accident statistics, 48 workers in California died that year after being struck by a flying object. Totally, 453 California workers died on the job in the year 2005, Cal-OSHA reports.

In this particular case, it is not quite clear what caused the piece of metal to fly off the machinery. As always in such cases, there are many questions. Was Diaz-Guzman properly trained by his employer to handle this machine? Was the machine in some way defective, which caused the metal to come off it? Did someone else’s negligence (contractor used for maintaining the machinery or another worker/contractor) cause the accident? The answers to these questions will help determine what exactly happened and who should be held responsible for it.
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Published on: April 16, 2009

Chino Fatal Pedestrian Hit-and-Run Accident

By Brian Chase

Richard Bohannan, 42, was killed April 14, 2009 in a Chino pedestrian accident while he and his 13-year-old son were getting mail from their mailbox, according to a news report. California Highway Patrol officials say Bohannan was walking on his driveway with his son when a driver lost control and veered into the driveway striking Bohannan. His son was not hit or injured. The driver fled the scene of the crash without stopping.

CHP officials are identifying the suspect’s vehicle as a dark Honda or Acura-type vehicle. It could also be an import vehicle with a possible modified exhaust. Officials say the hit-and-run vehicle sustained severe front-end damage and was leaking fluids. The vehicle is also missing an amber front turn light. If you witnessed this fatal pedestrian accident or have more information, please call the California Highway Patrol at 909-980-3994.

My heart goes out to everybody who knew and loved Richard Bohannan, especially his 13-year-old son who saw his dad getting struck by a vehicle, whose driver took off without hesitation. I offer my deepest sympathies to Bohannan’s family and friends. Please keep them all in your prayers.
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Published on: April 15, 2009

Fatal California Dog Attack: Man Dies After Being Attacked by Loose Pack of Dogs

By Brian Chase

Gordon Lykins, 48, of Winterhaven, California, has died recently from injuries he suffered in a March 28, 2009 vicious dog bite attack in the community, which is located in the California-Arizona border. Lykins was apparently mauled by a pack of dogs that were running lose in the Bard area, near White Road, the Yuma Sun reports. A surgeon at Yuma Regional Medical Center reportedly said it was the worst case of trauma he had ever seen.

Police are still investigating and are yet to file charges against the dogs’ owner who apparently owned 11 of these mixed breeds dogs. All the dogs were removed from his home and taken to an animal shelter. Those dogs are believed to have been loose at the time of the attack, but police are trying to piece together evidence. The main challenge, officials say, is to prove that the dogs taken from that owner’s property were the ones that attacked Lykins. Police are also looking for any eyewitnesses who can identify the dogs. The unidentified dog owner, who lives near the area where Lykins was attacked, called in the dog attack.

My heart goes out to the family of Gordon Lykins and Lykins himself for the extreme trauma, pain and suffering he must have endured the last couple of weeks. I offer my deepest sympathies to them.
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Published on: April 14, 2009

ATV Rollover Accident Killed 11-year-old Boy in Alameda County

By Brian Chase

An 11-year-old boy was killed in an ATV rollover crash in an unincorporated area of Alameda County the afternoon of April 13, 2009, according to a KTVU News report. The boy, who has not been identified, was riding an all-terrain vehicle on a dirt road on private property at 27309 Fairview Ave. north of Hayward when the rollover accident occurred. Officials say the 11-year-old was driving the vehicle down a hill when he lost control and the vehicle began to roll over.

The boy may have been partially ejected from the vehicle as it tumbled down the hill, California Highway Patrol officials said. He was taken to an area hospital where he died. CHP officials are also inspecting the ATV to check if any mechanical problems could have caused this tragic ATV crash. The news report does not specify the brand or model of all-terrain vehicle the boy was driving.

My heart goes out to the family of this 11-year-old boy for their tragic and heartbreaking loss. I offer my deepest sympathies to everyone who knew and loved this young boy. Please keep them in your prayers.
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Published on: April 13, 2009

Bakersfield DUI Car Accident Injures Four

By Brian Chase

Four people were injured in a Bakersfield car collision that was caused by a driver who police say was under the influence of drugs. According to an article in the Bakersfield Californian, Brandon Cortez,27, Alejandro Marin, 22, Tommy Dowell, 56 and Moon Cortez, 26, were injured in the five-car crash. Others – German Rosas, 40, Ignacio Marin, 68, Angel Garza, 21, and Sergio Marin, 47, escaped without injuries in the April 11, 2009 rear-end car accident. Brandon Cortez was later arrested on suspicion of a felony charge of causing personal injuries while driving under the influence of drugs. He also faces a separate charge of being under the influence of a controlled substance.

The crash occurred when Cortez, who was driving a Honda Accord at 70 mph east on Niles Street, rear-ended a car stopped at a red light at Descanso Street. The collision caused a chain reaction crash. The newspaper found online court records, which indicate that Brandon Cortez had several recent brushes with the law including prior jail time for assault, drug possession and a DUI.

I’m relieved to hear, based on this newspaper report, that no one suffered major injuries in what could have been a real tragedy. I wish the injured victims the very best for a quick and complete recovery.

According to California Highway Patrol’s 2007 traffic accident statistics, there were eight fatalities and 141 injuries involving car crashes in Bakersfield that were related to someone driving under the influence of alcohol and/or drugs. In Kern County there were 42 deaths 507 injuries reported in 2007 involving DUI car accidents.
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Published on: April 10, 2009

Fatal Orange County Car Crash Driver Charged with Murder

By Brian Chase

The driver who ran a red light and caused the Fullerton car accident that killed 22-year-old Angels pitcher Nick Adenhart, 25-year-old Henry Pearson and 20-year-old Courtney Stewart, will face murder charges, The Orange County Register reports. A fourth victim, Jon Wilhite, remains in critical condition. Anthony Thomas Gallo, 22, is being held for murder, vehicular manslaughter, felony hit-and-run and drunk driving involving fatalities and great bodily injury. At the time of the April 9, 2009 fatal car crash, Gallo was also driving with a suspended license. His license was apparently suspended after a prior DUI conviction.

The fatal car accident occurred when Gallo ran a red light and struck a Mitsubishi car at the intersection of Orangethorpe Avenue and Lemon Street. Gallo attempted to flee the scene of the crash, but was arrested shortly afterward. Fullerton police say Gallo’s blood alcohol level was over the legal limit of 0.08 percent. Gallo was also driving at 50 to 60 mph – way over the posted speed limit of 45 mph.

My heart goes out to the families of Henry Pearson, Courtney Stewart and Nick Adenhart for their tremendous loss. I offer my deepest sympathies to their families and friends. My prayers are also with young Jon Wilhite who is a former Cal State Fullerton baseball player. I wish him the very best for a speedy and complete recovery.
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Published on: April 9, 2009

San Diego Rollover Accident

By Brian Chase

San Diego Chevy Tahoe Rollover Accident

Two people were injured in a California SUV rollover crash north of Lakeside the morning of April 8, 2009, 10news reports. The rollover accident occurred on southbound Highway 67 near Slaughterhouse Canyon Road, California Highway Patrol officials said. The driver of the Tahoe apparently lost control of the SUV, which overturned and rolled 50 to 60 feet down an embankment along the highway. Rescue crews freed two people who were trapped inside the Chevy Tahoe. The sport utility vehicle was smashed and the roof of the vehicle was completely crushed and caved in. CHP traffic investigators are looking into what caused this rollover crash.

The nature of the injuries suffered by the two people is not exactly known. I hope they did not suffer major injuries in this rollover accident. I wish these SUV roof crush victims the very best for a quick and complete recovery.

According to the National Highway Traffic Safety Administration (NHTSA), there were 10,698 rollover fatalities in the United States in 2006. That accounts for 35 percent of vehicle occupants killed in traffic accidents, according to government statistics compiled by consumer rights group, Public Citizen. That was up from 9,379 rollover deaths in 1996, which then accounted for 29 percent of all vehicle-occupant fatalities.
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Published on: April 9, 2009

Funeral Home Abuse

By Brian Chase

Funeral Home Abuse of Deceased Veterans

A Virginia funeral home responsible for the caring and handling of deceased veterans before they are buried at the Arlington National Cemetery is being accused of funeral home abuse by leaving the corpses lying around, unattended and unrefrigerated on garages, hallways, makeshift gurneys and even cardboard boxes, the Associated Press reports. A former embalmer, Steven Napper, who worked for nine months at this Service Corporation Inc. (SCI) funeral home apparently blew the whistle.

Napper told authorities that National Funeral Home in Falls Church, Virginia, had as many as 200 corpses not properly cared for during the time he worked there. The Virginia Board of Funeral Directors and Embalmers is reportedly investigating these allegations based on the documentations received from Napper, three other employees and a grieving son, who saw bodies overflowing out of a lukewarm cooler at this funeral home and extremely unsanitary conditions including feces and urine in the room the bodies were stored.

The funeral home has denied any wrongdoing saying that their company treats all human remains “with the utmost dignity and respect at all times.” However, one of Napper’s photos shows coffins stacked on a rack in an unrefrigerated garage. Another photo shows a body wrapped in a white sheet on top of a cardboard box. This is not the first allegation of funeral home negligence or cemetery abuse against SCI. In 2003, the company reached a $100 million settlement with hundreds of families over allegations involving two cemeteries in Florida. Families accused them of digging up graves and burying people in the wrong lots.
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Published on: April 8, 2009

San Diego County Minivan Accident

By Brian Chase

San Diego County Minivan Accident Injures Two

Robert Johnson, 62, and his wife, Margaret, 57, were reported to have suffered critical injuries in a Southern California car accident after their Dodge Caravan minivan went off the road and into the San Diego Bay the night of April 6, 2009, 10news reports. The couple was not breathing when they were pulled from the minivan, San Diego Harbor Police officials said.

Emergency personnel performed CPR on the injured victims before they were taken to an area hospital. They are both still in critical condition. Officials say the van was traveling on a road that forms a T and went straight ahead in the water instead of turning left or right. Harbor police are trying to determine why the van did not turn.

Please keep Robert and Margaret Johnson in your prayers. I wish them the very best and hope they will make a quick and complete recovery. Given the amount of time both victims were in the water, I hope they have not sustained any catastrophic injuries.
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