California Injury Blog

Published on: September 11, 2008

Fontana Pedestrian Accident Victim Dies from Injuries

By Brian Chase

Brett Caddell, 39, died of injuries he suffered in an Aug. 30 Fontana pedestrian accident, according to a news blog in the Riverside Press Enterprise. Caddell reportedly suffered severe head injuries when he was hit by a Mitsubishi Gallant driven by Fontana resident Darrel Eugene Stebbins. Stebbins was arrested on suspicion of felony drunk driving and hit-and-run charges.

California Highway Patrol officials say Caddell was walking on Ceres Avenue, partially on the roadway when the collision occurred. Stebbins was reportedly reaching over to pick up his cell phone when his vehicle drifted to the right and struck Caddel.

My heart goes out to the family of Brett Caddell who died in this tragic pedestrian accident. Stebbins should be prosecuted to the fullest extent of the law for his negligence. He should also be held financially responsible to Caddell’s family for the irreparable loss they have suffered. Not only was Stebbins trying to reach for his cell phone, but according to the police, he may have been driving under the influence of alcohol. I hope he does some serious jail time for his utter disregard of traffic safety laws.

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Published on: September 11, 2008

Toddler Survives Menifee Near-Drowning Incident

By Brian Chase

A 14-month old girl nearly drowned in the backyard pool of a Menifee home Sept. 5, according to this news report by the Riverside County Sheriff’s Department. The report states that the girl’s father, Scott Stevens, tried to perform CPR on the girl, who had reportedly lost consciousness and turned blue following the swimming pool accident.

A Sheriff’s deputy helped the father with CPR and together they were able to resuscitate the girl and transport her to an area hospital. The toddler is now said to be in stable condition. Officials say the girl had access to the pool because one of her older siblings left the swimming pool gate open. That child apparently opened the gate by climbing up on a box to reach the gate latch.

I’m relieved that this toddler survived what could have been a fatal swimming pool accident. Assuming that this report is accurate, this incident only goes to show how resourceful even very young children can be and the measures we have to take as parents to keep our children safe. If that child had been a neighbor’s child that had fallen into the pool, the homeowner could have been held financially responsible for the near drowning. Medical expenses in a near drowning incident could easily run into millions of dollars. Nearly every summer we represent a family whose loved one drowned because of the negligence of a homeowner, caretaker or lifeguard.
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Published on: September 10, 2008

Camp Pendleton Helicopter Crash Results in $55 Million Jury Award

By Brian Chase

A San Diego jury has awarded more than $55 million in a California wrongful death lawsuit filed by the families of four U.S. Marines killed after their helicopter struck a utility tower at Camp Pendleton. According to a Sept. 3 article in the San Diego Union-Tribune, jurors decided that San Diego Gas & Electric (SDG&E), owners of the tower were negligent because they did not install safety devices such as lights or ball markers to prevent aviation accidents.

The four Marines who died in the helicopter crash were: Capt. Adam E. Miller, 29; 1st Lt. Michael S. Lawlor, 26; Staff Sgt. Lori A. Privette, 27; and Cpl. Joshua D. Harris, 21. The jury reportedly determined that SDG&E bore 56 percent responsibility for the fatal collision that occurred on Jan. 22, 2004, when two Marine helicopters were conducting training exercises at night.

I find it inexcusable that SDG&E knew about the hazard their utility tower posed to aircraft, especially helicopters, but didn’t follow the Federal Aviation Administration (FAA) recommendations to install safety devices so pilots can see the utility towers at night. Attorneys representing the Marines’ families said that the crash would not have happened if the Marines had been able to see the towers and that the utility company put profit ahead of safety by not fixing the problem.
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Published on: September 9, 2008

Vallejo Nursing Home Slapped With $100,000 Fine In Choking Death

By Brian Chase

A Vallejo nursing home staff’s negligence caused a resident to choke to death, state investigators ruled as they cited and fined the facility in connection with the incident. According to a news article in the Times-Herald the AA citation issued to Crestwood Manor skilled nursing facility carries a $100,000 penalty imposed by the California Department of Public Health.

The patient suffering from dementia was reportedly on a pureed diet and was considered “high-risk” for choking and had a history of trying to stuff food into his mouth. The AA citation essentially means that the nursing home’s negligence was directly responsible for the man’s death. The report also says it is not known how the man got the roll, which was available in a vending machine.

Clearly, this was a preventable death. Either the nursing home staff wasn’t paying attention and left this elderly resident to himself in the dining room or the nursing home was not sufficiently staffed to attend to and take care of all of the facility’s patients. Families place their loved ones in nursing homes believing that they will get a superior quality of care and attention than if they lived in their homes.
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Published on: September 8, 2008

Salinas Motorcycle Accident Kills One

By Brian Chase

Jaime Juarez, 56, of Salinas, died in a Aug. 25 rear-end Monterey County motorcycle accident after his vehicle was hit by a delivery truck when he was stopped at a red light, the Monterey County Herald reports. The driver of the truck, Luciano Acevedo, 26, of Watsonville, was arrested on suspicion of felony hit-and-run. Acevedo allegedly fled the scene of the accident, but officers later caught up with him and Acevedo admitted that he was driving the delivery truck at the time of the accident.

Juarez suffered critical injuries when he was thrown from his Harley-Davidson. The impact threw Juarez about 25 feet into the intersection of North Sanborn Road and Acosta Plaza. Acevedo will likely face more charges because Juarez died.

I offer my deepest condolences to Jaime Juarez’s family. I find it despicable that Acevedo hit this motorcyclist, saw him get thrown off his vehicle and get seriously injured and didn’t even stay to get help or wait for officials to arrive.
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Published on: September 7, 2008

Hemet Nursing Home Fined, Cited For Negligence

By Brian Chase

State officials slapped a $100,000 fine on a Hemet nursing home owned by Valley Health System in connection with the death of a resident, who died two days after suffering a head injury, the Riverside Press Enterprise reports. Hemet Valley Nursing Home received an AA citation, which is the most severe citation issued by the state for the worst nursing home abuse violations where the nursing home’s negligence can be shown to directly cause the death of the patient, 81-year-old Olga Baroncini.

Baroncini reportedly hit her head on a bed rail. Nursing home staff also knew that the patient was taking two blood thinners, which meant she had an increased risk of bleeding if injured. Baroncini died two days after she suffered the injury from a brain bleed. Baroncini’s family had requested the investigation.

The state investigators’ report shows that the nursing home did not follow any of the required procedures. Baroncini’s medical record did not include the head injury. She had reportedly hit her head against a chair when a physical therapist was visiting her, but the nursing home records stated that she hit her head against a bed rail. Neither the physical therapist nor the nurse on duty thought the woman’s injury was significant, the report said.
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Published on: September 6, 2008

Highland Bicycle Versus Patrol Car Accident Kills Teen

By Brian Chase

Justin Ames, 14, died Aug. 22, in a San Bernardino bicycle accident when a San Bernardino Sheriff’s Department patrol car struck and killed him south of Drummond Avenue in Highland, the San Bernardino Sun reports. Justin and a friend were riding their bicycles near the intersection of Drummond and Ninth Street when one of the patrol cars that was reportedly responding to a disturbance call, struck Justin. The patrol cars did not have lights or sirens on and Justin was not wearing a helmet.

My deepest sympathies to the family of Justin Ames. Please keep them in your prayers.

Initial eyewitness reports in this accident are contradictory. One witness said the boys did not stop at a stop sign, but also added that the boys may not have seen the patrol cars because a tractor trailer parked on Ninth Street was obscuring the “already-difficult” view of the intersection.
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Published on: September 5, 2008

Chula Vista Club Swimming Pool Drowning Accident

By Brian Chase

Jhovan Peralta, 4, drowned over the Labor Day weekend at a Chula Vista Lagoon Style swimming pool, according to a 10news report. Jhovan was reportedly found unconscious in the swimming pool at East Lake Beach Club on Lakeridge Circle. Paramedics took the boy to an area hospital, where he died.

According to another news report by NBC, the boy was found by some unidentified people in the water following the fatal swimming pool accident. They dragged him to the shore. There are conflicting reports about whether the parents were with the boy or not. The NBC report states that the boy and his parents were visiting from out of town while the 10news report states that the boy lived in Spring Valley with his mother and siblings.

My heart goes out to the family of little Jhovan Peralta. Let us keep them in our prayers.

Unfortunately, fatal swimming pool accidents, especially those involving young children, are all too common in Los Angeles, Orange and San Diego counties. The U.S. Centers for Disease Control and Prevention (CDC) finds that nationally more than one in four fatal drowning victims are children 14 and younger and for every child who dies from drowning, another four were treated for submersion injuries. The CDC also found 30 percent of the children 1 to 4 years old who died in 2005, died by drowning.
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Published on: September 5, 2008

Orange County DUI List For Labor Day Weekend

By Brian Chase

Orange County officials issued 67 DUI tickets to drunk drivers over the Labor Day weekend, The Orange County Register reported. There was also one fatal Orange County auto accident during this weekend as Dennis McIntyre, 64, of Fountain Valley, was killed after crashing his 1995 Toyota Tacoma on the northbound I-405 near Beach Boulevard. Officials are investigating whether alcohol was involved in that accident.

California Highway Patrol Officer Denise Quesada said these 67 DUI citations represent an increase from 2007 when 60 DUI citations had been issued. In the year 2006 alone, there were 1,525 traffic collisions in Orange County involving alcohol. Eighty of those injury traffic collisions involved fatalities. That means 10 percent of all injury traffic accidents and 40 percent of all fatal traffic accidents involved a drunk driver.

Our firm handles about 250 serious traffic accident injury cases a year. About 20 percent of these cases are caused by an intoxicated driver. In California, it is illegal to drive a motor vehicle with a blood alcohol level of 0.08 or higher. The deaths, injuries, pain suffering and financial devastation caused to innocent DUI accident victims is heart-breaking and cannot be repaired with money. And rarely is there enough money for these victims to be compensated.

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Published on: September 4, 2008

Orange County Nursing Home Operator Pays $2 Million in Class Action Lawsuit

By Brian Chase

Current and former residents of 17 Los Angeles and Orange County skilled nursing homes settled for $2 million in a class-action lawsuit, which alleges that these nursing homes understaffed their facilities and did not provide proper training to their nursing staff, which resulted in poor quality care and negligence. According to a CBS News report, the Brea-based Sun Mar operates at least eight nursing homes in Los Angeles County and six in Orange County that are facing allegations of nursing home abuse and neglect.

This class-action lawsuit was reportedly filed on behalf of Warren Richardson, a former resident at Anaheim Healthcare Center, who developed pressure sores as a result of the understaffing at that nursing home. Since many of the class members are deceased, the settlement mandates that the unclaimed money be reverted back to Sun Mar to be utilized for staffing their understaffed facilities.
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