California Injury Blog

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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Published on: February 15, 2008

Overloaded Big-Rigs: A Dangerous Wrong That Must Be Righted

By Brian Chase

I came across an article that very well explained the problem of overloaded big-rigs and the dangers they pose to themselves and other vehicles on our roadways. We often hear about big-rig drivers losing control of their vehicles and slamming into others on the road. Often, these types of accidents result in fatalities. And usually, it’s the drivers or passengers of the other vehicles who get seriously or fatally injured, not the occupants of the big-rigs.

What makes these vehicles lethal on our highways is their size and weight. As this article well states, the greater the weight of the truck, the more likely that it will become a death machine that bolts out of control. Overloaded trucks have an increased propensity to be involved in accidents because the increased weight means the truck cannot stop quickly and is more likely to lose control.

Traffic investigators believed that overloading may have been a factor in a Mission Viejo big rig accident where the truck, overloaded with electronic equipment, lost control and slammed into the back of a family’s minivan, crushing and killing three young children. In that case, the driver was also speeding and the overloading just worsened the situation.
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Published on: February 14, 2008

Teenager Blinded In One Eye Settles with General Motors

By Brian Chase

Today, we settled a California teenager’s case against General Motors for an undisclosed amount in a product liability lawsuit involving defective quality of glass on the GMC Yukon sport utility vehicle. Our client, Michael (last name omitted), only 16 at the time of the incident lost his left eye after the tempered glass on the passenger side window of the sport utility vehicle shattered inward striking him in the face during a traffic collision. As a part of the settlement terms, General Motors required that the parties keep the amount of the settlement confidential.

The accident occurred July 7, 2006 when the Yukon where Michael was a passenger collided with a Lexus at the intersection of Golden Springs Road and Diamond Bar Boulevard in Diamond Bar. Michael was seated behind the front seat passenger and was properly restrained.

We alleged in the lawsuit that GM, as a cost-cutting measure, used tempered glass in its vehicle everywhere except in the windshield where stronger laminated glass is required as a safety measure. While this move possibly helped the auto maker dig itself out of a financial crunch back in the 1960s, it seriously compromised the safety of consumers. Tempered glass easily shatters upon impact causing people to get ejected on to the roadway resulting in major injuries. This type of glass could also pierce its occupants causing the type of injury that this teenager suffered.
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Published on: February 14, 2008

Jury Awards $10 Million To Brain-Injured Bus Crash Victim

By Brian Chase

A Massachusetts jury has awarded $10 million to a 58-year-old woman who suffered severe brain damage after she was hit by a public transit bus while waiting to get to work, the Boston Globe reports. After the bus crash, Louise Scialdone is reportedly not able to work and has serious problems related to her brain injury such as balance, memory, sensitivity to light and the mental capacity of a third grader.

The Massachusetts Bay Transportation Authority must now pay Scialdone about $12.8 million from the date her suit was filed, factoring in interest. Jurors announced their verdict after only four hours of deliberations, the article said.

The accident reportedly occurred Feb. 4, 2004 when Scialdone, who used a walker because of her arthritis, was waiting at a bus stop. The bus driver lost control of the vehicle, fishtailed onto the sidewalk and knocked the woman off her feet. Scialdone was then thrown 5 feet and her head slammed into a parked car, the article said. She lost consciousness and was in and out of the hospital for weeks after the accident.
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Published on: February 13, 2008

Man Hit And Killed By Runaway Trailer On the 605 Freeway

By Brian Chase

A 48-year-old Rancho Cucamonga man died after a trailer being towed by a truck on the San Gabriel River (605) Freeway in Baldwin Park came loose and resulted in a four-vehicle crash. Gil Tae Kim reportedly died on the scene of head injuries he suffered in the crash, according to a news article on NBC News’ Web site.

Michael D. Brown, 45, of Long Beach was the person towing the runaway trailer in a Ford-350 truck. The trailer then suddenly detached itself from the truck, bounced over the center divider wall onto the southbound lanes of the 605, according to a California Highway Patrol accident report. A tire from the trailer apparently struck the windshield of Kim’s 2007 Toyota Camry on the driver’s side.

The impact of the tire crashing on his windshield reportedly caused Kim to lose control of his car, which slid to the center divided wall and came to a stop on a grassy patch on the side of the freeway. Two other drivers, who were also injured, were only treated for mild to moderate injuries.
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Published on: February 13, 2008

Defective Tire May Have Caused Fatal Isuzu Trooper Rollover

By Brian Chase

Tire tread separation may have caused a fatal SUV rollover crash near Cordelia, which killed one woman and injured four others. According to an article in The Reporter , 65-year-old Kalo Lolo of San Mateo died after she was ejected from the Isuzu Trooper sport utility vehicle.

The accident reportedly occurred after the driver of the SUV felt as if there was a problem with one of the right side tires of the vehicle and hit the brakes. The Isuzu Trooper then shot across the left lane on to the soft dirt along the center divider and then began skidding sideways before it overturned, the article reported.

Three passengers in the SUV, including the woman who was killed, were thrown out of the vehicle. Investigators are still trying to pin down what caused the accident, but they say it appears the tread separated from one of the Trooper’s rear tires before the vehicle went out of control.

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Published on: February 12, 2008

Dog Attack Round-Up

By Brian Chase

Here is a brief compilation of dog bite incidents and dog attacks from all over the country.

Vicious dog attack: A man in Wapato, Wash. reportedly lost his leg in a vicious dog attack and is still recovering from his injuries. According to an article in KIMA TV’s Web site, Lew Yallup was initially taken to the intensive care unit, but is now in satisfactory condition. The attack occurred when a pack of dogs attacked Yallup as he picked up cans on a city street. The dog owner faces four years in jail for the attack on Yallup and could pay up to $20,000 in penalties.

Rottweiler attack: A 6-year-old North Carolina boy had to undergo surgery after he was bitten by a neighbor’s Rottweiler, according to this news article. The boy, who was not named, was bitten in the face, neck and leg when he was playing in the neighbor’s backyard during a party with another child. The neighbor reportedly shot and killed the dog before police arrived.
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Published on: February 11, 2008

Family Files Nursing Home Abuse Lawsuit Against Ohio Facility and Nurse

By Brian Chase

The family of an Ohio nursing home resident has filed a lawsuit against a male nurse accused of raping a partially paralyzed patient and sexually abusing at least 13 others. According to an article in the Port Clinton News Herald, the lawsuit alleges that nightshift nurse John Riems, 49, physically and mentally abused their father. The suit, which also lists the nursing home, Concord Care and Rehabilitation Center, as a defendant, seeks more than $175,000 in damages.

Riems, who is facing criminal charges, has admitted, following his arrest, that he abused close to 100 patients since the 1980’s. He has pleaded not guilty to rape and gross sexual imposition charges. In fact, the family of the abused man did not find out about the abuse until Riems was charged with raping another patient recently. So far officials say they have found 14 cases of abuse and are investigating 10 others.
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Published on: February 10, 2008

City of Norfolk OKs $7.5 Million Settlement In Accident That Left A Boy Brain Injured

By Brian Chase

The city of Norfolk in Virginia has agreed to pay $7.5 million to settle a lawsuit filed by a woman whose son suffered severe brain injuries after being hit by a truck driven by a city employee. The Virginian-Pilot newspaper reports that the lawsuit was filed by Renee Wilson on behalf of her now 19-year-old son Travis Dalton, who functions with the mental capacity of an 11-year-old since the accident.

The incident occurred in December 2006. Dalton was on his way to a job interview and was standing in the median on a public street when he was hit by the city truck driven by a city employee on the job. Dalton spent three months in the hospital immediately after the accident and had to revisit for follow-ups. Doctors had to remove a portion of his skull to relieve pressure from the swelling in his brain. According to Wilson’s attorney, his medical expenses have exceeded $329,000 and are ever increasing.

The city was apparently not at all inclined to settle with this family in spite of what happened. The city’s attorneys argued that there was no liability because the employee was traveling between two of its recreational facilities and claimed immunity as a governmental agency. In fact, the City Council did not vote to settle until a week before the scheduled jury trial.
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Published on: February 9, 2008

Fatal Huntington Beach Pedestrian Accident Raises The Issue of Senior Drivers

By Brian Chase

A 70-year-old Huntington Beach man died after he was hit by a car as he crossed at Bolsa Chica Street and Edinger Avenue. According to an article in The Orange County Register, John B. Carpenter was struck by a 2002 Chevy Impala driven by 83-year-old Shirley Constans.

Officials said Carpenter was walking on a marked crosswalk and Constans was making right turn when the pedestrian accident occurred. Investigators are apparently still looking into whether the traffic light was red or green. But they did tell the Register that Constans didn’t seem to be under the influence. No arrest was made. Carpenter was taken to Long Beach Memorial Hospital where he died. Constans reportedly did not suffer any injuries.

This tragic incident raises an important question that rears its head time and again – what should be the criteria for seniors to keep their driving privilege? According to trend studies performed by the California Department of Motor Vehicles, traffic collision rates start climbing for both men and women after they reach 70 years of age. These studies also cite that the increase in at-fault fatal accident becomes particularly dramatic when people hit 80. The study also found that senior drivers are significantly more likely than teens and all other age groups to be making a turn before a crash, especially at intersections.
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