California Injury Blog

Published on: February 4, 2009

Toddler Survives Orange County Near-Drowning Incident

By Brian Chase

A 3-year-old boy in Orange County has survived a near-drowning incident after his older brother rescued him from the bottom of a swimming pool the afternoon of February 1, 2009. According to this news report in The Orange County Register, the boy’s family was visiting a home at Via Divertirse in San Clemente.

Officials said the toddler’s 7-year-old brother, who saw him at the bottom of the backyard swimming pool, dove in and pulled his brother up. The 3-year-old was said to be breathing when paramedics arrived. The toddler is apparently recovering after the near-drowning, but the extent of his injuries is not known.

I’m extremely relieved for the young boy, his family and the hosts who were apparently entertaining this family over the weekend. I wish the young boy the very best for a quick and complete recovery. This family will certainly be in my prayers.

Although it is extremely fortunate that this child did not drown, near-drowning incidents are serious because in these cases, oxygen supply to the brain is cut off, which can leave a child with lifelong brain injuries. Medical expenses in a near-drowning incident could easily run into millions of dollars. Almost every summer, our firm represents a family whose loved one drowned or almost drowned because of the negligence of a homeowner.
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Published on: February 3, 2009

Newport Beach Hit-and-Run Accident Critically Injures Man

By Brian Chase

A man has suffered critical injuries in a Newport Beach hit-and-run accident, The Orange County Register reports in this article. The man was attending to a disabled vehicle in the curb lane of westbound Hospital Road near Placentia Avenue on February 1, 2009 when he was struck by a white sport utility vehicle, possibly a Ford Explorer. The victim suffered serious injuries and was taken to a local hospital where he is listed in critical condition. If you have any information about this Orange County hit-and-run accident, please call the Newport Beach Police Department’s Traffic Division at 949-644-3717 or Detective Beverly at 949-644-3747.

My heart goes out to this victim who got struck down as he was attending to his disabled vehicle. It is appalling that the driver of this SUV did not have the human decency to stop at the scene of the accident and help the man he had hit. The injured victim and his family will be in my prayers and I hope and pray that he makes a quick and complete recovery.

There is no question that the hit-and-run driver in this case should be prosecuted to the fullest extent of the law. There is no excuse for such negligence and callous disregard for a fellow human being. I would not be surprised if alcohol or drugs were involved in this accident. This individual must be found, brought to justice and held criminally as well as civilly responsible for what happened to this victim.
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Published on: February 3, 2009

Teen Riding Motorized Scooter Injured in Orange County Accident

By Brian Chase

A 13-year-old boy suffered serious head injuries after he was hit by a car while riding on a San Juan Capistrano street in his motorized scooter. The boy, whose name has not been released, was hit the afternoon of January 30, 2009 near the 31300 block of Via Las Palmas as he rode the scooter out of his driveway into the street. A 54-year-old woman who was driving a Volvo C90 hit the boy, dragging the scooter and the boy more than four feet. Our source for this blog is this news report in The Orange County Register.

Orange County Sheriff’s officials say the teenager was not wearing a helmet and suffered a fractured skull as well as other serious injuries. The driver of the Volvo has not been arrested or cited pending an investigation. The boy was taken to an area hospital in serious condition.

Please keep this young boy in your prayers. I cannot imagine what his family and friends must be going through. Let us all pray for his quick and complete recovery.

This news report does not have much information about how this tragic accident occurred. Did the boy ride his scooter into the path of the vehicle? Did the driver of the Volvo have enough time to stop before colliding into the teenager? If the driver of the Volvo is determined to be at fault for the boy’s injuries, then she would be financially responsible for the injuries caused. The teen and his family will be entitled to compensation including sums to cover medical bills, medication and therapy. Those costs could add up very quickly given this boy’s severe head injuries.
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Published on: February 3, 2009

11-month-old Baby Killed in Los Angeles Crosswalk Hit-and-Run Accident

By Brian Chase

Los Angeles police have arrested 30-year-old Henry Yovanni Moreno of South Gate after he struck and killed an 11-month-old girl and injured her 5-year-old sister and mother as they were crossing the street in a crosswalk. According to this news report in the Los Angeles Daily News, the family was struck at Bonnie Brae Street and Olympic Boulevard in Los Angeles County as the mother was pushing the two children in a stroller the evening of February 1, 2009. The three victims were in a marked crosswalk. Other vehicles had stopped for them, but Moreno who was driving a black Honda, did not stop and ran them over.

Police say Moreno was driving under the influence at the time of the collision. He apparently fled the scene of the crash and abandoned his 1991 Honda near Staples Center at 12th Street and Figueroa Avenue. Moreno was arrested shortly afterward.

What a horrible tragedy for this family! I offer my deepest sympathies to this mother who saw one of her children struck and killed in front of her eyes. Please keep the 5-year-old girl in your prayers as she fights for her life. The girl and her family will be in my prayers and I wish her and the mother a quick and complete recovery.

There is no question that Moreno should face criminal charges in connection with this horrific hit-and-run accident. He has apparently not been charged yet, but based on news reports, he should be facing felony drunk driving, hit-and-run as well as vehicular manslaughter charges. He should not only face criminal charges, but must also be made to pay for the injuries, loss, damage and heartache he has caused this family. Moreno should be held civilly liable for what he has done to this family.
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Published on: February 2, 2009

Man Suffers Critical Injuries in Los Angeles County Motorcycle Accident

By Brian Chase

Marcus Alex Puga, 23, of Whittier, suffered critical injuries in a Bassett motorcycle accident on January 29, 2009 after he struck a big rig at an intersection, the San Gabriel Valley Tribune reports in this article. Puga was driving a 2005 Yamaha R6 eastbound on Valley Boulevard when the big rig in front of him slowed down to make a right turn. California Highway Patrol officials say Puga drove around the big rig, lost control and slid into one of the big rig’s tires. The investigation is still ongoing and CHP officials are asking anyone who saw this accident to call 626-338-1164.

My heart goes out to Marcus Alex Puga, this young motorcycle accident victim, who is apparently fighting for his life. I hope he makes it through this tough time. Please keep this man and his family in your prayers.

Motorcycle accidents have consistently increased over the years nationwide as well as in Los Angeles County. According to statistics from the National Highway Traffic Safety Administration, 4,810 motorcyclists were killed in traffic accidents in the year 2006. That was a 5 percent increase in motorcycle accident fatalities over 2005. According to CHP statistics released in January 2009, 96 people died in Los Angeles County alone in motorcycle accidents in 2008 compared to 58 deaths in 2001. About 1.2 million Californians have licenses to drive motorcycles, according to the Department of Motor Vehicles and that is 300,000 more riders than we had in 2001.
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Published on: January 30, 2009

Korean National Extradited to Orange County to Face Vehicular Manslaughter Charges

By Brian Chase

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.
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Published on: January 30, 2009

Woman Killed in Oxnard Street Intersection Accident

By Brian Chase

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.
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Published on: January 29, 2009

Man Killed in Long Beach Pedestrian Accident

By Brian Chase

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.
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Published on: January 28, 2009

Teenager Injured in Ventura County Motorcycle Accident

By Brian Chase

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.
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Published on: January 28, 2009

Florida’s Best Long Term Disability and Social Security Disability Lawyer

By Brian Chase

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.
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