California Injury Blog

Published on: September 21, 2008

California Public Utilities Commission Bans Cell Phone Use by Train Operators

By Brian Chase

The California Public Utilities Commission (PUC) on Thursday passed an emergency order banning all train operators from using cell phones and other personal electronic devices while on duty. According to a Sept. 18 Associated Press news report, the decision to ban came less than a week after the Chatsworth Metrolink train crash, which killed 26 people and injured at least 135.

Investigators with the National Transportation Safety Board (NTSB) who looked into Metrolink engineer Robert Sanchez’s cell phone records said they did discover that he was texting on duty on the day of the catastrophic accident. Another Associated Press report states that NTSB officials are still trying to pin down the exact times when Sanchez was texting.

But they have said that a few teenage train enthusiasts received a text message from Sanchez minutes before the accident occurred. Sanchez reportedly ran the train through a red light, crashing head-on into a Union Pacific freight train. Thursday’s order from the PUC will temporarily ban the use of cell phones by all California railroad employees while on the job. The Commission will determine at a later date whether to make this ban permanent.
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Published on: September 20, 2008

Yermo Fatal Dog Attack Results In Two Arrests

By Brian Chase

San Bernardino Sheriff’s deputies have arrested two men in connection with a Dec. 25, 2007 dog attack on 45-year-old Kelly Caldwell, who was mauled to death in Yermo by a pack of pit bulls. According to this news report, the two 23-year-old men – Jeffrey Dwayne King Jr. and John Allan Peterson, have been charged with failing to maintain vicious dogs, causing death and/or serious bodily injury.

Here is the blog we wrote immediately after the accident. Kelly Caldwell was attacked by the dogs as she was walking near the intersection of Second Street and Yermo Road. Officials said then that it was the first time an adult was mauled to death in the area.

I’m glad that authorities finally filed criminal charges against these two men, who were clearly not responsible dog owners. If you are not able to restrain your animals and prevent them from causing serious harm to your neighbors or community members, you must pay the price for it. I hope both men are held criminally and civilly liable for their action, which caused Kelly Caldwell and her family tremendous pain, anguish and grief.
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Published on: September 19, 2008

Dana Point Personal Injury and Car Accident Lawyers

By Brian Chase

Dana Point is situated on the beautiful Southern California coast, halfway between San Diego and Los Angeles. It prides itself with nearly seven miles of coastal bluffs and rolling hills along the Pacific Ocean with its charming beaches and wild surfs. Most noteworthy of these bluffs is a unique promontory known as the “Headlands”, which overlooks Dana Point Harbor, one of the most significant man-made alterations of the Orange County coastline.

The Dana Point personal injury attorneys at Bisnar Chase Personal Injury Attorneys have represented the seriously injured in Dana Point for over 30 years. We specialize in fighting for the rights of those injured by the negligence of others and limit our practice to serious personal injury and wrongful death. Whether you were hurt in dog bite incident, suffered a brain injury, or even were the victim in an Dana Point auto accident, our top personal injury lawyers in Orange County are ready to represent the interests of you and your family.

We do NOT charge a fee until there has been a monetary recovery in our client’s case and we advance all costs and expenses.

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Published on: September 19, 2008

Two Southern California Toddlers Die In Separate Drowning Incidents

By Brian Chase

Even as the summer season is drawing to a close, two more child drownings were reported this week in the Southland. The first one occurred in Walnut, in the 700 block of Janice Lane, and involved a 3-year-old boy who drowned in the family’s Jacuzzi Sept. 15, according to this news report. The second incident occurred in Fontana, in the 8700 block of Tangelo Avenue, when a toddler girl of almost 2 years old, drowned in the family’s backyard pool, according to this article.

Our hearts go out to these two Southern California families. Please keep them in your prayers.

What the rest of us need to learn from these tragedies is that we cannot take our little ones for granted. We cannot let them out of sight even for a few minutes. According to Fontana police, the girl had been out of sight for five or 10 minutes. The girl had walked to the backyard, opened the pool fence door (which had a latch but had not hooked) and fell in. By the time her parents found her and pulled her out of the water, it was too late. Attempts at resuscitating her were unsuccessful and she was pronounced dead at the hospital.
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Published on: September 18, 2008

Train Crash Victim’s Family Files Claim Against Metrolink

By Brian Chase

The first claim in the Chatsworth Metrolink train crash came Monday from the family of Aida Magdaleno, a 19-year-old California State University, Northridge student, who was one of 25 people killed. According to recent news reports, the claim filed by Magdaleno’s parents and siblings alleged that Metrolink failed to use safety mechanisms available and protect commuters. The claim also states Metrolink could have easily prevented this train crash had they installed a collision avoidance system, a rail safety technology that has been available for the last 30 years.

Metrolink officials have attributed the crash to the train’s engineer not stopping for a red light. National Transportation Safety Board (NTSB) investigators are looking into whether the engineer may have been text messaging some train enthusiasts at the time of the crash and missed the red light. But NTSB officials have also said, in no uncertain terms, that Metrolink should have used modern warning and control devices.

According to this CBS report, NTSB officials said they have long been urging Metrolink to install Positive Train Control (PTC) systems that use Global Positioning Satellite (GPS) systems to monitor train locations and speeds. With this system, if engineers ignore signals, the electronic devices automatically put on the brakes. These technologies, federal officials say, would prevent head-on collisions such as Friday’s catastrophic wreck.
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Published on: September 17, 2008

Metrolink Train Crash May Challenge $200 Million Cap On Damages

By Brian Chase

With the first claim filed in the catastrophic Chatsworth Metrolink train accident and many more to come, legal experts around the country are already wondering if it will test a 1997 U.S. law, which caps passengers’ damage claims in railroad accidents at $200 million. According to this Bloomberg News report, the cap will certainly become an issue in this case because of the high number of casualties and serious injuries. So far 26 people have died and more than 135 have been injured with 40 having suffered critical injuries.

The law places a $200 million cap on “the aggregate allowable awards to all rail passengers” from any single rail accident. That includes punitive damages. Although that 1997 law was part of a bill reauthorizing Amtrak, it covers all rail carriers in the country.
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Published on: September 17, 2008

Cypress Personal Injury and Car Accident Lawyers

By Brian Chase

Cypress is a city of rich history and prides itself on progress through the years…the city seal is emblazoned with the word PROGRESS just to prove how motivated they are in improving their city. Cypress continues to grow with the construction of new homes and businesses.

The Cypress personal injury attorneys at Bisnar Chase Personal Injury Attorneys have represented the seriously injured in Cypress for over 30 years. We specialize in fighting for the rights of those injured by the negligence of others and limit our practice to serious personal injury and wrongful death. Whether you were hurt in a dog bite incident, suffered a brain injury, or even were the victim in an Cypress auto accident, our top personal injury lawyers in Orange County are ready to represent the interests of you and your family.

We do NOT charge a fee until there has been a monetary recovery in our client’s case and we advance all costs and expenses.

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Published on: September 16, 2008

Arizona 15-passenger Van Rollover Accident Leaves Two Dead

By Brian Chase

Two people are dead and two are critically injured after a 15-passenger van rollover accident Sept. 12 on Interstate 10 near Benson, Arizona. According to an Associated Press news report, the multi vehicle crash happened when the 15-passenger Dodge van lost control and overturned after its driver swerved to avoid a dog on the highway.

Two people — Richard Spettigue, 56, of Casa Grande and Brandon Spettigue, 22, of Surprise – who were following the van in an Acura sport utility vehicle died after a big rig hit them from behind. The SUV braked to avoid the passenger van. The van’s driver, 47-year-old Elizabeth Zazueta and cheerleader Tyler Cline, 16, both suffered critical injuries. Other passengers in the Dodge van including seven students and two coaches were also injured and taken to an area hospital. The students were all from San Manuel High School near Tucson. Sally Spettigue, 41 the driver of the SUV and a passenger in the big rig were also hospitalized.

My heart goes out to the Spettigue family who lost so much in an instant. Let’s also keep the cheerleader and the coach who are fighting for their lives in our prayers.

It is unbelievable that high school administrators would put their beloved students and coaches in a 15-passenger van, notorious for its tendency to roll over and cause catastrophic injuries and fatalities. Despite repeated warnings from the National Highway Transportation Safety Administration, community groups and organizations, high schools, colleges and even child care centers continue to transport groups of people in these “death traps.”
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Published on: September 16, 2008

Laguna Beach Pedestrian Accident Seriously Injures Woman

By Brian Chase

Desi Hotchkiss, 49, a Laguna Beach resident, was seriously injured in a sport utility vehicle versus pedestrian accident after she was struck down crossing the street at the intersection of Aster and Cliff Drive. According to this article the North Laguna crosswalk collision happened Sept. 9 near the Coast Highway.

Laguna Beach Police Sgt. Jason Kravetz said Hotchkiss suffered head injuries and broken bones in her upper body. She was taken to Mission Trauma Center and is said to be in stable condition. Laura Downing, 44, the driver of a 2008 Porsche Cayenne SUV is believed to be responsible for the accident and for not yielding to a pedestrian crossing in a marked crosswalk. Officials say Downing of Huntington Beach was traveling northbound on Cliff Drive and she was not under the influence of drugs or alcohol when the accident occurred.

I wish Desi Hotchkiss the very best and hope she has a speedy recovery. I’m so relieved she was able to escape from such a terrible crash.
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Published on: September 16, 2008

Los Angeles Toddler Crushed by Car Power Windows

By Brian Chase

Arturo Campos, 3, of Los Angeles, died after accidentally wedging himself between a closing power window and a car door frame the evening of Sept. 12. According to an article in the Los Angeles Times, Arturo’s father parked the car at the 2900 block of Broadway near 92nd Street to make a phone call at a nearby pay phone. While the father made his phone call he left his son in the running car with the keys in the ignition.

LAPD officers say the father was watching the boy, but that the accident occurred when the dad had his back turned for just a few moments. Arturo reportedly moved to the passenger seat when his dad wasn’t looking and pressed the power window button. Arturo’s neck was crushed as he became wedged.

My heart goes out to the family of little Arturo Campos. This is a tragic lesson to all parents. You simply cannot take your eyes off young children even for a few seconds. More importantly, a child should NEVER be left alone in a motor vehicle, especially while running.
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