California Injury Blog

Published on: April 20, 2008

Two 5-year-old Boys Hurt In Las Vegas Dog Attack, Dog Owner Could Face Charges

By Brian Chase

Two small children were severely injured in a frightening dog attack in Las Vegas after two pit-bulls escaped from their yard and pounced on the 5-year-old boys. One child was bitten on the face and another on the leg, according to Eyewitness News reports. Latest reports on the news station’s Web site say the boys are doing well now although one of them had to get 152 stitches on his face.

The dog owner in this case, will most likely face criminal charges, officials told Eyewitness News. Officials say the pit-bulls were running loose without any rabies vaccines or tags, which are all violations of Clark County laws. The animals have also been deemed vicious, which means the dog owner, Carlos Santiago, could face 12 years in prison and thousands of dollars in fines.
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Published on: April 19, 2008

California Judge Approves Explorer Class Action Settlement

By Brian Chase

A California judge, earlier this week, approved a class action settlement for about 800,000 owners of the Ford Explorer sport utility vehicles, which were said to have lost value following an extensive tire recall stemming from concerns over potential rollover crashes. According to a Reuters news report, Judge David Alba approved the settlement in Sacramento on the Explorer class action lawsuit, which includes vehicles purchased or leased between 1991 and 2001 in the states of California, Illinois, Texas and Connecticut.

The lawsuit by Explorer owners, who by the way have every right to be dissatisfied and upset, did not make any personal injury or damage claims, but alleged a loss of financial value for the Explorers. As per the settlement, Ford Motor Co. has agreed to issue discount certificates valid for one year worth $500 toward the purchase or lease of the new Explorer or $300 toward the purchase or lease of any other new Ford, Mercury or Lincoln vehicle.

Ford is also going to pay out $25 million to the attorneys representing the class members. Of course, company officials continue to say that the case was “without merit” and that somehow, they proved it in court. As personal injury attorneys who have represented numerous victims of Ford Explorer and Expedition rollover crashes, we know that Ford’s statements are without merit.
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Published on: April 18, 2008

Big Rig Chain Reaction Accident Kills San Diego Man

By Brian Chase

A 38-year-old El Cajon man died after a big rig slammed through his backyard and sent him into his swimming pool, missing his toddler daughter by inches, according to a Channel 10 news report. Officials said Kevin Vicary and his 2-year-old daughter were near the pool in their home as Vicary was cleaning it.

The chain reaction accident occurred when a Ford minivan ran a red light and struck the semi truck. The big rig then careened out of control and hit two other cars before crashing into the fence and going into the pool, the article said. The impact of the crash threw Vicary into the pool. He died from the injuries while his daughter was unharmed.

The truck driver and people in the other vehicle suffered bruises and minor injuries. Police have still not charged or cited anybody in connection with this incident. However, officials are saying preliminary investigations do show that the female driver of the minivan, whose name has not been released, ran the red light at a nearby intersection and triggered the crash.
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Published on: April 17, 2008

South Carolina Officials Shocked To See Neglected Nursing Home Resident

By Brian Chase

Officials in Prosperity, S.C. are investigating a case of nursing home abuse and neglect, which they say is the worst they have ever seen. The investigation into the conditions in Southside Residential Care began after 59-year-old William Sealy, a resident at the nursing home, died after he was rushed to the hospital.

Police say it is the worst case of neglect they have ever seen and that it was very obvious that Sealy had been neglected. According to a news report on WLTX-TV’s Web site, Sealy was reportedly suffering from malnourishment, dehydration, sores, bed bugs and black and swollen toes. The police chief who was interviewed for the story said he watched nurses pull the socks off Sealy’s feet in the emergency room and saw that it pulled off portions of his skin.

The nursing home administrators have denied wrongdoing and say that Sealy was a recent transfer from another nursing home. They also say Sealy was a “difficult patient and did not want anyone to do anything for him.” Prosperity authorities say that the nursing home in question has had a few problems over the years, but nothing major like this one.
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Published on: April 16, 2008

New Roof Crush Standards May Limit Lawsuits Against Auto Makers

By Brian Chase

The National Highway Transportation Safety Administration (NHTSA) has a new proposal on the table that requires all vehicles to have stronger roofs to protect occupants in rollover accidents. That’s a good thing, because 10,000 Americans die each year in rollover crashes alone and thousands more suffer major injuries that leave them disabled for life.

Well, this requirement could mean saving thousands of lives because the strength of a vehicle’s roof could make the difference between life and death in a rollover accident. The NHTSA currently conducts roof crush tests by pressing down on a plate placed against the edge of a vehicle’s roof. The roof must withstand a force equivalent to 1.5 times the weight of the vehicle, up to a limit of 5,000 pounds without the plate moving more than 5 inches, according to this article in Consumer Reports.

We’ve already said in previous blogs that this standard is still not adequate. Especially flawed are the tests conducted in determining this roof strength. The way they perform these tests are very different from the way accidents happen in real life. But a huge concern, from our point of view, is that a part of this proposal will limit consumer lawsuits against auto makers.
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Published on: April 15, 2008

Salmonella-Contaminated Cereal Sickens 23 Across 14 States

By Brian Chase

At least 23 people across 14 states have been infected with salmonellosis caused by the same strain of bacteria found in the recently recalled unsweetened Puffed Rice and Puffed Wheat Cereals manufactured by Malt-O-Meal, according a report by the U.S. Food and Drug Administration. According to the news release, the recalled products were distributed nationally under the Malt-O-Meal brand name as well as private label brands such as Acme, America’s Choice, Food Club, Giant, Hannaford, Jewel, Tops and Weis Quality.

The cereals reportedly have “Best If Used By” dates from April 8, 2008 through March 18, 2009. Consumers have been asked to discard any of the above contaminated products. According to the U.S. Centers for Disease Control, salmonella is a type of bacteria that can cause serious and sometimes fatal infections. This is particularly true for young children, seniors and those with weakened immune systems. Some of the common symptoms of food-borne salmonella infection include nausea, vomiting, fever, diarrhea and painful abdominal cramps.

As personal injury attorneys, who deal with foodborne illnesses all the time, we know how unpleasant and how painful a salmonella infection can be. Bisnar Chase Personal Injury Attorneys successfully represented Robert Rife, who got the infection by eating contaminated raw quail egg at a sushi restaurant in Orange County. We later discovered that the restaurant had several health violations.
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Published on: April 14, 2008

Three Fatal Southern California Rollover Accidents Over The Weekend

By Brian Chase

Four members of a church group were killed on their way to an ice-skating rink Friday when their speeding 1994 Toyota Camry reportedly went out of control on the 60 Freeway in Pomona and rolled over. According to a KNX 1070 news report, all in the car were high school or college students. Killed in this crash were 21-year-old Richard Kim, 19-year-old Kevin Na, 18-year-old Daniel Kim and 16-year-old David Chung.

The car reportedly struck the center divider and rolled over. Three of the occupants were hurled from the vehicle with one landing in opposing traffic, the report said. Two died on the scene and two others died later in a local hospital. Na’s brother, 16-year-old Stanley, was the sole survivor of the crash and is now in stable condition, according to news reports.

In another rollover accident in San Diego on Saturday, 39-year-old Richard Guzman died and two others were injured when a pickup rolled several times on a surface street in Lake Morena, the San Diego Union-Tribune reports. According to the report, the driver of the 2002 Ford Ranger, Michael Thompson, lost control of the vehicle. Guzman, who was sitting in the back seat, was not wearing his seatbelt, the report states.
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Published on: April 13, 2008

Young Girls Severely Injured In Wilmington Pedestrian Accident

By Brian Chase

Two girls – 13 and 14 years old — were critically injured in a pedestrian accident at a Wilmington intersection when a man hit the girls as they were walking home from school and then tried to get away, the Daily Breeze reports. According to the article, police arrested 19-year-old Rigaldo Guevas after he reportedly swerved around a vehicle that had stopped at crosswalk and hit the young girls who were walking across the street.

Guevas allegedly tried to speed away, but was chased down and nabbed by two witnesses, who held him until police arrived and arrested him. Those two men are heroes in my eyes. They made sure the person responsible for causing this horrible accident would be brought to justice. Officials have not yet filed charges against Guevas.

The girls, whose names have not been released, were taken to an area hospital. The Breeze reports that one girl was unconscious and hooked to a breathing apparatus while the other was being treated for leg fractures. There were apparently several witnesses to this accident who saw Guevas speeding down the street in his black BMW.
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Published on: April 12, 2008

2 Killed In a Chain Reaction Crash Caused By Defective Tire

By Brian Chase

Two men were killed in a multi-vehicle freeway accident that started in the northbound lanes of the 15 Freeway in Rancho Cucamonga. The accident was triggered when the left rear tire tread on a Honda sedan separated, according to a news report in the Inland Valley Daily Bulletin.

The Honda with the blown tire driven by a 41-year-old Long Beach man, then crossed the northbound lanes and struck a Ford E-250 15-passenger van, which in turn spun out, crashed through the guard rail and into a pickup truck. Both the driver of the pickup, 27-year-old Jesus P. Velasco of Pomona, and the driver of the 15-passenger van, Viorel Taru, 49, of Loma Linda, died in this horrible auto accident. The Ford van and the pickup truck were involved in a head-on collision, officials told the Daily Bulletin. Two other vehicles were also involved in a collision.
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Published on: April 11, 2008

Pedestrian Accident Rights of California Tourists and Visitors

By Brian Chase

The Old Town Pasadena pedestrian traffic accident of last Thursday that hospitalized 7-year old Jose Gabriel Dela Rosa, has taken his life according to a Los Angeles Times article. A CBS news report stated that his father, Jose Gabriel Dela Rosa, also hospitalized due to the pedestrian accident, remains in fair condition. According to the CBS report an account has been established to help the family with the medical and burial expenses they have incurred. Anyone wishing to donate can send contributions to:

Jose Gabriel Dela Rosa Fund
c/o Comerica Bank 35 N. Lake Ave.
Suite 120 Pasadena, CA 91101
The accident occurred when a Toyota Corolla crashed into the Dela Rosas after colliding with a Nissan Altima at Colorado Boulevard and Fair Oaks Avenue. Officials are still trying to determine who was responsible.

The Dela Rosas were visiting friends and relatives in California from their native Philippines. They had been here for barely a few hours when the auto vs. pedestrian accident occurred. Even though the Dela Rosas are not U.S. citizens or even residents of California, their mere presences here provides them a bundle of basic rights including full access to our courts.
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