California Injury Blog

Published on: February 24, 2008

Well-Known Local Radiologist Dies In Newport Beach DUI Crash

By Brian Chase

Drunk driving accidents are unfortunately all too common in the Newport Beach and Costa Mesa area. Unfortunately, a drunk driving accident over the weekend took the life of a well-known local radiologist. According to an article in The Orange County Register, 64-year-old Michael Aung Sein of Newport Coast died in a rear-end crash involving an allegedly drunken driver. Elijah Ferguson, 21, of Santa Ana was arrested and charged with gross vehicular manslaughter, the newspaper reported.

Ferguson rear-ended Sein’s Aston Martin when it was stopped at a red light on MacArthur Boulevard. According to his colleagues at the Coastal Communities Hospital in Santa Ana, Sein was a “highly talented radiologist.” Sein succumbed to severe injuries suffered in the crash and was pronounced dead at Hoag Hospital, the article said. His wife, Grace Sein, is in the hospital with head injuries, the article said.

Ferguson apparently got away with a broken ankle. Police are still investigating the case, but officials told the Register that both speed and alcohol were dominant factors in this accident.
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Published on: February 23, 2008

Man Suffers Major Injuries In Rear-End Truck Accident

By Brian Chase

A 21-year-old man suffered severe injuries in a big-rig crash in Santa Ana after he slammed his Honda Civic into the back of a semi truck, The Orange County Register reports. The accident happened at the 100 block of E. Dyer Road near Main Street, according to police reports.

Initial reports from the investigation apparently revealed that the semi was pulling out of a driveway on Dyer and had started heading east, which was when the Honda crashed into the rear of the truck. The impact of the crash left the Civic wedged under the truck. Firefighters had to extricate the driver from the crumpled car, the Register reports.

Officials said they came to the conclusion initially that the driver of the Civic was going too fast because of the large amount of skid marks they found. They say he must have seen the truck and stepped on the brakes, but couldn’t stop in time. The big-rig driver was not injured.
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Published on: February 22, 2008

Minnesota School Bus Crash Kills 4 and Injures 14

By Brian Chase

Four children reportedly died and at least 14 others suffered severe to moderate injuries in a tragic school bus accident in southwestern Minnesota. According to an Associated Press article posted on the local Fox News’ Web site, the bus was initially hit by a van. Then the bus hit a pickup truck and tipped onto its side. While rescue squads and ambulances arrived, the first motorists on scene were asked to take children to the hospital, the Marshall Independent, a local newspaper reported.

The bus was carrying children from kindergarten through 12th grade. Among the victims transported to two different area hospitals, two were in critical condition and others were reportedly being treated for back and neck injuries, cuts, bumps and bruises. Two victims ages 11 and 14 had complex fractures, which required special treatment at a hospital farther away from the crash site, the report said.

This is no doubt a tough week for the people of Cottonwood, Minn. who must deal with the grief and shock of four young lives lost. Families of the severely injured will have it tough as their children gradually recover from the physical and mental trauma of a horrific bus accident that took the lives of people they knew or were friends with.
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Published on: February 21, 2008

Orange County Woman Dies in Jeep Wrangler Rollover Accident

By Brian Chase

A 52-year-old Costa Mesa woman is dead after she was ejected from her Jeep Wrangler, which rolled over on the northbound 5 Freeway near Avenida Vaquero in San Clemente, The Orange County Register reports. Gloria Ann Weaver reportedly died in the rollover accident. Officials are still not clear what caused the accident and why the vehicle flipped, the article states.

There is no mention in the article whether or not she was wearing a seatbelt. Officials are still investigating, but I hope they don’t jump to the conclusion that she was not wearing a seatbelt just because she was ejected from the vehicle. Many times traffic accident reports will jump to the conclusion that an ejected occupant of a vehicle in an accident wasn’t wearing a seatbelt simply because they were ejected.

Our law firm has been involved with dozens of auto accident cases where an official accident report states that an ejected person wasn’t wearing a seatbelt, yet our experts on close examination of the involved seatbelt system, found evidence of use at the time of the accident and/or failure of the system. My partner, Brian Chase, is one of the most knowledgeable seatbelt failure attorneys in the country. Personal injury attorneys from all over the country consult with him on their seatbelt failure cases.
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Published on: February 20, 2008

Man Dies In Fatal Crash At Dangerous Orange County Intersection

By Brian Chase

A man, who was a passenger in a 1996 Mitsubishi Eclipse, reportedly died after a traffic collision near the Los Alamitos Race Track in an area, which city officials themselves have admitted is a dangerous intersection. The deceased man has been unidentified as Fernando Flores, but there is no word yet on his age or city of residence, The Orange County Register reports.

Apparently, the intersection where the accident occurred – Siboney Street and Katella Avenue – is an extremely busy and dangerous one where officials have applied for grants to make median and intersection improvements. Flores died after the car he was riding in crashed into a 2004 Chevy Tahoe driven by Ivan Gandarilla of Long Beach.

Officials are still investigating the crash and it is not known if alcohol was a factor in this crash. But Gandarilla was arrested on an outstanding warrant for driving under the influence. Flores was pronounced dead after he was transported to the Long Beach Memorial Medical Center. Gandarilla escaped with nonlife-threatening injuries. No one else in the Tahoe or the Eclipse suffered serious injuries, The Register reported.
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Published on: February 19, 2008

Owner Of Dangerous Dog Must Be Prepared To Assume Financial Responsibility

By Brian Chase

Here is a story that is both interesting and deeply concerning. It’s about two neighbors in Chico. One has a permanent pack of pit-bulls as pets, one particularly dangerous pit-bull called Princess. The other neighbor, who shares the driveway with this dog owner, has been bitten by the same dog twice, which has attacked him unprovoked leaving him with a permanent scar on his body.

According to an article in the Chico Enterprise, city officials have agreed that this vicious dog is to be confined in the property and muzzled in public, but not be put down. Obviously, neighbors are concerned that someone is going to die because of this dog in their community. Many neighbors and witnesses who have seen the dog in action say it is potentially dangerous, the article states.

City officials filed a complaint and requested a hearing regarding Tyler Doman’s dog after the victim, Doman’s neighbor, Niels Cecil Nielsen had been twice attacked and bitten by the dog. The Domans have reportedly agreed to all demands made by the city including keeping the pit-bull confined and muzzled, getting the dog licensed, vaccinated, micro-chipped for identification and getting it spayed.
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Published on: February 18, 2008

USDA Recalls 143 Million Pounds of Beef Packed In Chino Plant

By Brian Chase

In what is the biggest meat recall in the history of this country, the U.S. Department of Agriculture (USDA) recalled 143 million pounds of raw and frozen beef from a Chino meat-packing facility that recently earned notoriety for its inhumane treatment of cows and unethical business practice of forcing sick cows to the slaughter area. According to a Los Angeles Times article, USDA officials deemed meat from the Hallmark/Westland Meat Packing Co. “unfit for consumption” because of many reported lapses in federally mandated inspections.

There was widespread concern about this particular facility because it was a top supplier to the National School Lunch Program. However, USDA officials still maintain that there is no immediate health risk with food-borne illnesses with this recall as with others in the past involving E. Coli-tainted beef. But the practices of this meat-packing unit in Chino were clearly dangerous and unethical and have led to criminal charges against the managers. So far, there are no known reports of food-poisoning as a result of consuming meat from this facility.

Federal agency reports show that the company did not consistently contact a public health veterinarian as required when cattle became unable to walk after being inspected. Officials say there is a remote possibility that someone would become sick from eating this meat and that this recall is a matter of taking “abundant caution.” A video surreptitiously recorded by the Humane Society of the United States shows managers hitting a sick cow with a paddle or attempting to drag animals by their feet to take them to slaughter. By law, animals that cannot walk are banned from entering the food supply.
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Published on: February 17, 2008

Glen Ellen Man Dies In Head-On Collision at What Is Believed To Be A Dangerous Portion Of Highway 12

By Brian Chase

A 58-year-old Glen Ellen man died in a head-on collision on a section of Highway 12 in a legal passing area where there have been at least four auto accident deaths in the past five or six years, a news report in the Times Herald stated. According to the article, Alfredo Alcaraz was killed when his 1998 Honda Civic was struck by a 2003 Toyota Camry driven by 63-year-old Allen Gates of Santa Rosa.

Officials said Gates was eastbound when he unsafely passed a garbage truck. That led to a head-on crash with the Honda, which was going westbound and the impact pushed Gates’ Toyota into the path of the garbage truck. The driver of the truck was not injured but the Honda spun into a ditch.
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Published on: February 16, 2008

Toddlers and Grandmother Suffer Severe Injuries In Orange County DUI Crash

By Brian Chase

Two young Orange County children and their grandmother are reportedly on a tough road to recovery after they suffered critical injuries in a DUI accident in Lake Forest. According to an article posted on MSNBC News’ Web site, the drunken driver drove into oncoming traffic and crashed head-on into the family minivan near the intersection of Muirlands Boulevard and Entrados Drive.

A 3-year-old and 5-year-old in the Ford minivan suffered severe head injuries when Nelson Mercado, 27, driving a Chevy pickup caused the crash. He only suffered minor injuries. The children’s mother and two other teenage boys riding in the minivan were also reportedly injured.
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Published on: February 15, 2008

War Veterans Being Denied Health Care: A Case of De Ja Vu?

By Brian Chase

In a class action lawsuit filed on behalf of hundreds of thousands of veterans seeking medical benefits, the Bush administration is fitting them with ungrateful arguments. The Bush administration attorneys claim that veterans fortunate enough to be coming back home from Iraq have no legal right to specific types of medical care, according to an article in the San Francisco Chronicle. The lawsuit basically accuses the government of denying mental health treatment to some troops – this at a time when suicide rates are at an all-time high among returning veterans.

Shocked, surprised and appalled? Well, in me, it evokes a sense of “de ja vu” all over again. I served in the U.S. Army between 1968 and 1970 and today’s situation with this lawsuit reminds me of the men I served with – soldiers who had to sue the VA for medical care necessitated by the herbicide Agent Orange, which caused a variety of cancers and health issues among the troops that were exposed to it. In my day I don’t think anyone wanted to admit they needed mental health services, and that’s when you really need them.

The Vietnam War ended decades ago, but the illnesses associated with Agent Orange took 20 to 30 years to surface. But the VA refused to treat these illnesses or compensate these veterans for their injuries. Is this the way our government treats the war-wounded and the men and women who are prepared to make the ultimate sacrifice for our country and our ideologies?
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