California Injury Blog

Published on: October 27, 2008

Best Young Utah Personal Injury Attorney – Kenneth Christensen

By Brian Chase

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

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

Motorcycle accident fatalities are at an all-time high in Utah, according to this Associated Press news report. It’s only October and 32 riders have already died in Utah motorcycle accidents. That is nine more than the average of 23 deaths a year, over the last 10 years, in Utah.
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Published on: October 26, 2008

Bakersfield Nursing Home Denies Negligence

By Brian Chase

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

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

What did Glenwood Gardens officials have to say with regard to their appeal of the citation? That there “were no grounds we could find for the citation.”
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Published on: October 24, 2008

Morongo Valley DUI Accident Injures Four

By Brian Chase

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

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

It’s a relief that Marco Garcia and Erica Jacome were not critically or fatally injured in this 10/19/08 auto accident. This could have turned out a lot worse. I wish them, as well as the other injured victims, a speedy recovery. I hope Rodriguez is held criminally and civilly responsible for this accident that caused injury to all these victims.
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Published on: October 24, 2008

Madera ATV Accident Severely Injures Man

By Brian Chase

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

California Highway Patrol officials said several ATVs were being driven to a local store or restaurant when the 10/17/08 accident occurred near Road 30 and Avenue 20 ½. Whitherspoon was taken to an area hospital with major internal head injuries. Racing all-terrain vehicles, dirt bikes and quads is apparently a popular sport in the Valley Lake Ranchos area.
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Published on: October 23, 2008

National Advocacy Group Dedicates Video to Dog Bite Victims

By Brian Chase

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

The Seattle-based group’s 5-minute video will document 127 pit bull attacks on humans that occurred across the United States in just an 85-day period from July to September 2008. The video will include the name of each victim, where available, and the city and state where each attack occurred.
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Published on: October 22, 2008

Simi Valley Industrial Accident Kills Worker

By Brian Chase

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

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

My heart goes out to the members of Jose Ayala’s family, who have suffered a tragic loss. In many of these cases, the deceased person is also often the family’s breadwinner.
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Published on: October 22, 2008

Understaffing Causes Patient Death In Placerville Nursing Home

By Brian Chase

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

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

It took California Health Department officials two full years to adjudicate this case and issue this report. I agree with Carole Herman that this delay is ridiculous and unacceptable. Forseth’s widow, Patricia, who had won a court settlement against the nursing home, has since died.
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Published on: October 21, 2008

Best Virginia Personal Injury Attorney – Ben Glass

By Brian Chase

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

I have known Ben Glass for some time now and he never ceases to amaze me. Ben is a straight shooting, down to earth, tell-it-like-it-is kind of guy who is also an excellent attorney and a father to seven children. Ben has written a number of books directed at educating the people of Virginia about their rights, including one about insurance company scams (“Robbery Without a Gun”), a book on auto accidents in Virginia (“Virginia Car Accident Book”), another on Virginia medical malpractice cases (“Virginia Malpractice Book”) and a bunch of others that I haven’t seen.
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Published on: October 20, 2008

Orange County Jury Finds Pit Bull Owner Guilty of Criminal Negligence in Dog Attack

By Brian Chase

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

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

Carroll was not Moody’s first victim. In June 2007, Moody unsuccessfully appealed a decision by the city of Westminster to euthanize her other pit bull, Brutus, who mauled a visitor to Moody’s home.
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Published on: October 19, 2008

Pomona Pedestrian Accident Kills Man

By Brian Chase

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

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

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

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