California Injury Blog

Published on: October 18, 2008

State Budget Cuts Cripple Orange County Nursing Home Watchdogs

By Brian Chase

Gov. Arnold Schwarzenegger has done victims of Orange County nursing home abuse and negligence a huge disservice by vetoing all state funding for the Long-Term Ombudsman Program. We blogged about the staff cuts suffered by the Orange County Council of Aging, a group whose ombudsmen have been doing an excellent job of paying unannounced visits to local nursing homes and detecting cases of abuse and negligence. According to the group’s news release, they lost 55 percent of program funding for the year and was forced to lay off almost all of their paid part-time field ombudsmen. The Governor had vetoed $3.8 million in state funding for long-term care ombudsman programs across California.

This program is now heavily dependent on dedicated volunteers who are willing to take the required 36-hour training program and then complete 10 hours of field training before they can become certified by the state of California to advocate for nursing home residents.

There are any number of examples from Orange County nursing homes and similar facilities all over Southern California, which demonstrate the need for this program. In August, Hemet Valley Health Center was fined $100,000 for the death of a resident because of inadequate care. Here in Orange County, the family of an elderly resident filed a lawsuit against Villa Valencia in Laguna Hills. The assisted living facility allegedly delayed calling 911 for 24 minutes while a resident bled to death from an injury suffered in a fall.
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Published on: October 17, 2008

Driver in Colusa County Bus Crash Was Not Intoxicated, Officials Say

By Brian Chase

California Highway Patrol investigators are now saying that the driver of a charter bus, who caused a crash near Williams in Colusa County on October 5, 2008 that killed nine and injured several others critically, was not under the influence of alcohol or drugs at the time of the charter bus accident. Quintin Watts, 52, is still being held on a suspected parole violation for driving the bus without a proper license. Our source for this blog is an Associated Press news report.

Colusa County prosecutors are saying that Watts’ toxicology tests came back negative. Now, investigators are looking at what else may have caused the 10/5/2008 crash near Sacramento. Watts could have fallen asleep at the wheel. The bus could have had a mechanical malfunction or an inherent product or design defect. Watts may have been careless or negligent. Or he may have slipped into a diabetic coma. According to his mother, Watts went into such a coma only days before the fatal Colusa County Bus accident.
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Published on: October 16, 2008

Long Beach Bicycle Accident Kills Elderly Man

By Brian Chase

A 93-year-old man struck and killed in a Long Beach hit-and-run bicycle accident on October 9, 2008 has been identified as Bernard Nelson. He was riding his bicycle west across the northbound lanes of Santa Fe Avenue at Canton Street when 81-year-old Lloyd Hills hit him and then fled the scene, the Long Beach Press-Telegram reports. Long Beach Police caught up with Hills and arrested him on suspicion of hit-and-run.

Bernard Nelson suffered severe head and chest trauma and was pronounced dead at a local hospital. Long Beach Police are still looking for more information about this 10/09/2008 auto versus bicycle collision. If you have any information, please call Long Beach Accident Investigations Detective David Lauro at 562-570-7355.

I offer my condolences to the family of Bernard Nelson, who lost his life in this tragic accident.
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Published on: October 16, 2008

Seal Beach Bicycle Accident Kills Mom, Injures Son

By Brian Chase

Seal Beach mom Cathy Busse was killed, and her 14-year-old son, Sam, suffered injuries in a Seal Beach bicycle accident on October 12, 2008 after a pickup truck struck them, The Orange County Register reports. This tragic 10/12/2008 bicycle accident occurred after the late model blue Ford pickup truck driving on Lampson Avenue east of Seal Beach Boulevard hit Cathy and Sam Busse.

Those who witnessed this horrific accident said mother and son were thrown 50 feet away from the point of impact, landing close to some bushes near the 405 Freeway. Officials are looking for witnesses to the collision to determine exactly what caused the bicycle accident and who was responsible for it.

My heart goes out to the family of Cathy Busse for their tragic loss. Sam Busse will be in my prayers. He not only suffered injuries, but the emotional trauma of seeing his mother struck and killed. According to the article, Cathy Busse was a “warrior mother,” whose autistic son, Sam, was her “biggest fan and best friend.”

In 2006, there were no bicycle accident related deaths in Seal Beach and 10 bicycle accident related injuries, according to statistics from California Highway Patrol’s Statewide Integrated Traffic Reporting System (SWITRS). In Orange County, there were a total of 22 bicycle accident fatalities and 1,005 bicycle accident related injuries during the same period.

There are many questions that need to be answered in this fatal Seal Beach bicycle accident. What caused the driver of the truck to lose control of his vehicle and strike the two bicyclists? Were speed, alcohol or dugs factors in this accident? Did the driver of the pickup truck suffer a medical condition that caused him to lose control of his truck? Was there a dangerous condition on the roadway that caused this collision?
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Published on: October 15, 2008

Orange Motorcyclist Charged With Murder in Auto Accident

By Brian Chase

Blaise Meadows, 20, has been charged with murder in connection with the death of Andrew Parker, 46, of Lake Forest who died in an Orange County rollover accident earlier this year. According to an October 10, 2008 news report in The Orange County Register, Parker lost control of his Alfa Romeo after it was struck from behind by Meadows, who was allegedly racing down the 241 toll road with another rider.

Court records show that Meadows had been cited four times for speeding between November 2005 and June 2007. Orange County prosecutors say Meadows was driving on a suspended license at the time of the 4/25/08 Orange County fatal auto accident. Parker suffered fatal injuries after the crash’s impact which caused his Alfa Romeo to flip over several times on the highway.

My heart goes out to Parker’s family. I pray that they get the justice they deserve and that Meadows is prosecuted to the fullest extent of the law.

I had blogged on this incident when it was first reported earlier in April. Meadows’ street-racing in this case was not only illegal but a negligent and irresponsible act that demonstrated a callous disregard for public safety.
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Published on: October 13, 2008

Train Safety Measures Promised By 2012

By Brian Chase

Burlington Northern Santa Fe and Union Pacific — two large freight railroads that share tracks with Metrolink — have pledged to install advanced track safety measures by the year 2012, the Los Angeles Times reported on October 9, 2008. This decision comes about a month after the catastrophic Chatsworth Metrolink commuter train crash that left 25 people dead and about 135 injured.

The two railroads say they will be installing positive train control systems on their tracks in the next three years, although a complete rollout may take longer. Positive train control systems basically combine digital communications with global positioning system (GPS) technology to monitor train locations and speeds. If engineers miss signals or cannot stop the train in time, an electronic device in the train’s cab will automatically apply the brakes.
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Published on: October 11, 2008

Disneyland Dog Attack Victim Sues Park

By Brian Chase

The family of Lena Dickerson is suing Disneyland, claiming the toddler was attacked by a dog in the park’s petting zoo on October 3, 2006 according to a report on Fox News. The child was bit several times on the face leaving her permanently scarred.

Court documents allege that a Disneyland employee brought her 6-year-old German Shepherd – Labrador Retriever mix dog to the park. The dog was placed on a box in the Big Thunder petting zoo. A park employee invited children to pet the animal, while holding its leash. Lena had petted the dog and was just about to leave when the dog attacked her.

Apparently, the shelter from which the dog had been adopted had called the dog “not very social” and even stated that the animal had a history of being aggressive. The lawsuit seeks compensation for the family’s medical costs and emotional trauma as well as punitive damages. Disney officials have not commented yet on this lawsuit.

In California dog attack cases, the owner of a dog is strictly liable for the damage, which that dog causes by biting someone, “regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” (California Civil Code section 3342.) If the plaintiffs can prove that Disneyland was an owner of the dog, then they would have established liability for the compensatory damages that may be recoverable in their action. This doesn’t seem likely if the Dickerson family is alleging that “…a Disneyland employee brought her…dog to the park”.

Corporations become responsible for the acts of employees if it has knowingly ratified or accepted the benefit of the employee’s actions, like bring a dog into the petting zoo. The alleged use of the dog in the petting zoo and in parades might be consistent with Disneyland acting as if it is the owner of the dog.

Where, as here, the property is a commercial property open to the public which is invited onto the property, the owner is under a duty to frequently inspect their property and is charged with the knowledge of dangerous conditions it would have gained from those inspections. The plaintiffs might prevail if they can establish that Disneyland knew or should have known the dog was in the petting zoo and may be a danger to Disneyland patrons.
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Published on: October 11, 2008

Contra Costa Dog Bite Victim Files Federal Civil Rights Lawsuit

By Brian Chase

Treon Pique, 27, filed a federal civil rights lawsuit alleging that a Contra Costa Sheriff’s deputy instructed a police dog to attack him after he had surrendered. According to a September 26, 2008 article in the San Francisco Chronicle, Pique is suing the county for $1 million for the dog attack. Court documents state that the police dog attacked Pique and bit him on his right arm leaving him with permanent injuries. The lawsuit alleges that Contra Costa Sheriff’s Deputy, Robert Jones, knew Pique posed no threat, but let the dog bite him anyway.

Normally in California a person bitten by a dog sues in state court under California’s Civil Code Section 3342 which provides in part: “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog….” However, the same civil code section exempts bites delivered by police dogs on criminal suspects from the codes strict liability provision.” The code provides that a person who has been attacked and bitten by a dog cannot establish a strict liability claim against a police agency if:

The police agency had adopted a written policy regarding the use of a dog;

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Published on: October 11, 2008

California E. Coli-Tainted Lettuce Sickens At Least 36

By Brian Chase

The Michigan Department of Agriculture has determined that the E. coli-tainted lettuce, which has sickened more than 36 people in Michigan, originated from California. . According to this October 9, 2008 article in the Detroit Free Press, the tainted California lettuce was sold by distributors in Michigan to institutions and restaurants. The E. coli outbreak started at Michigan State University and Lenawee County Jail in early September before hitting metro Detroit.

Aunt Mid’s Produce of Detroit was identified as one of the local suppliers. That company has stopped its lettuce distribution. But, Aunt Mid’s is facing a lawsuit from Michigan State University student Samantha Steffen, who reportedly suffered bloody diarrhea and was hospitalized with dehydration in mid-September. A stool sample confirmed the presence of E. Coli 0157:H7.
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Published on: October 10, 2008

Orange County Nursing Home Advocates Suffer Severe Budget Cuts

By Brian Chase

Orange County’s Council on Aging is a local nonprofit advocacy group that pays surprise visits to nursing homes and investigates Orange County nursing home abuse and negligence complaints. Unfortunately, the Council has recently cut most of its staff because of California’s budget cuts. According to this October 8, 2008 news report in The Orange County Register, Gov. Arnold Schwarzenegger vetoed $3.8 million in funds for long-term care ombudsman programs across California. As a result, the Orange County group lost $321,266; about half its funding. This giant budget cut caused 14 of its employees to be laid off, leaving three to do all the work.

So, what exactly did the Orange County Council on Aging office do? Basically, they visited Orange County’s 1,050 nursing homes and assisted living facilities and handled all sorts of complaints from bad food and patient neglect to serious cases of physical and sexual abuse. Office staff members also act as legal witnesses for all advance directive requests signed by nursing home patients.
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