California Injury Blog

Published on: February 7, 2008

Man Killed In Santa Clarita Motorcycle Accident

By Brian Chase

Officials in Santa Clarita are investigating a fatal motorcycle accident where a 25-year-old man was killed after crashing into a cement mixer truck. According to an article in the Santa Clarita Signal, http://www.thesignal.com/?module=displaystory&story_id=53125&format=print the collision – the second fatal motorcycle accident in just one week in that area – occurred at the intersection of Golden Valley Road and Robert C. Lee Parkway.

According to the report, the motorcyclist, David Glenn Garrett of Newhall, was traveling west on Golden Valley when he struck the right side of the cement truck, which was attempting to make a left turn on Robert C. Lee Parkway. Some witnesses reportedly told officials that Garrett was traveling at a high rate of speed, but officials have not yet been able to determine who was at fault, the Signal reports.

Garrett was dragged about 30 feet by the cement truck and died at the scene, the article said. The driver of the truck was on the job and was on his way to a construction site in the area. He was not injured. Investigators are also trying to pinpoint the cause of the accident. They will examine witness statements, speed assessments and toxicology tests to determine why the crash occurred and who was at fault, the report said.
Continue reading →

Published on: February 7, 2008

Dog Attack Victim Sues San Diego Dept. Of Animal Services

By Brian Chase

Nancy Matthews, a veterinarian, is suing the San Diego Department of Animal Services for injuries suffered during an attack by two boxer dogs more than a year ago. She has filed an amendment to the lawsuit she filed last November, according to the North County Times. Matthews said she spent six days in the hospital after the attack, which left her with bites and scars over most of her body.

The civil lawsuit alleges that county animal officials knew the dogs had previously bitten two people and didn’t take appropriate action to prevent them from attacking again. After the original filing the county’s counsel requested a dismissal of the lawsuit arguing that the department was not negligent or legally responsible for the dog’ actions. The court ruled in favor of the county and gave Matthews an opportunity to amend her lawsuit.

County counsel George Brewster has stated, even before seeing the amended lawsuit, that he plans to ask the court once again to dismiss the Matthews lawsuit.

There is not way that Matthews is going to prevail in this lawsuit. It will have taken some clever drafting of the amended lawsuit by her attorney to get by Brewster’s next request of the court to dismiss this lawsuit. Even if she does get by the county’s motion to dismiss the complaint, she’ll have tough time proving her case. If she fails, she will be subject to paying the county’s costs of defending itself.

For someone to be liable for this dog attack, they must either be an owner of the dogs (strict liability) or a keeper of the dogs with knowledge of the dogs’ dangerous propensities yet did not do enough to protect Matthews (negligence).
Continue reading →

Published on: February 6, 2008

Big Rig Accident Round Up

By Brian Chase

Here is a list of some of the big rig and big truck accidents that occurred around the country recently:

“Pig rig crash?”: A stretch of the 60 Freeway in the City of Industry was snarled after a big rig carrying live pigs spilled a load of the animals on the freeway, killing some of the animals. According to an article in CBS News’ Web site, the big rig accident occurred on the connector from the southbound San Gabriel River (605) Freeway to the westbound 60 Freeway. The bus driver, identified as Claud Emmett Martin, 58, of Arizona, was driving south on the transition road when he changed lanes and steered to the left, officials said. He suffered minor injuries in the incident.

Dangerous big-rig load: A woman was dead in Pasadena, Texas, after a tank fell off from a big rig and crushed her sport utility vehicle, the local KPRC Channel reports. According to local police, the tractor trailer with an oversize load went under a railroad overpass that was too low for it. The woman died at the scene. The big-rig driver apparently had state approval to travel in this route, which is required for such cargo.
Continue reading →

Published on: February 5, 2008

Evenflo Recalls 1 Million Defective Car Seats, NHTSA Introduces New Rating System for Car Seats

By Brian Chase

Evenflo is reportedly recalling about 1 million defective infant safety car seats because they could result in serious injury or death in a collision. According to an article in watchdog Web site Consumeraffairs.com, the models covered by the recall are 390, 391, 534 and 552 Discovery car seat and travel system, made between April 2005 and January 2008.

According to reports, recent tests conducted by the National Highway Transportation Safety Administration show that these car seats could break apart and separate from the base during high-impact side collisions. Evenflo officials have said they will provide a free supplemental dual-hook fastener to make sure that the seat remains attached to its base during a high impact crash. More details about this recall are available at www.evenflo.com/discovery or visit NHTSA’s Web site at www.safecar.gov.

This recall, one of several involving this particular brand of car seats, comes in the wake of an announcement by the NHTSA that it has revised consumer rating systems by introducing a five-star rating system for child safety seats. The federal agency has a similar rating program for vehicles.
Continue reading →

Published on: February 4, 2008

Man Seriously Injured In Corona Pedestrian Hit-and-Run Accident

By Brian Chase

A 46-year-old man from Massachusetts is in critical condition with severe head injuries after he was struck on a Corona street by a hit-and-run driver. According to an article in the Riverside Press-Enterprise, David Derosier was in town for a motocross event and was going across the street after having dinner with a friend when he was hit by a maroon four-door car.

Clearly there were witnesses to this pedestrian accident, which happened on a busy street in Corona. Police said the hit-and-run vehicle turned from Main Street and was heading toward Joy Street when the incident occurred. The car reportedly did not have lights on when it was dark outside. The car driver seems to have hesitated for a few seconds, but didn’t stop and drove away, the article said.

The vehicle is described as a 1994 to 1997 Honda Accord and officers are investigating a mirror that was found at the crash scene. Police say the car was being driven by a woman and that there were other passengers inside the vehicle. They also say the vehicle suffered damage to the front bumper area as well as the hood and windshield.
Continue reading →

Published on: February 3, 2008

Mitsubishi Faces Product Liability Lawsuit in Florida, SUVs Recalled For Defective Seatbelts

By Brian Chase

A product liability lawsuit involving defective seatbelts in Mitsubishi vehicles is going to trial in a Florida court tomorrow against Japanese auto maker, Mitsubishi Motors. According to a Yahoo! article the lawsuit says the seatbelt in a 2001 Montero sport utility vehicle, designed to introduce 10 inches of slack during an auto accident, led to the death of Scott Laliberte, a 25-year-old college student, in a Sept. 24 accident.

Laliberte was actually a passenger in that SUV and wearing his seatbelt. But when the crash occurred, he was ejected from the vehicle through the rear window. His head was crushed against the vehicle and ground when the SUV went out of control and rolled over, the lawsuit states. While his seatbelt was designed to give slack, the driver’s side seatbelt was not made that way. The driver, in this incident, got away with barely a scratch, the article said.

Mitsubishi Motors has consistently been accused of systematically covering up their product defects without issuing recalls in spite of complaints involving numerous accidents, injuries and fatalities. In fact, just this week, the auto maker recalled 7,340 Endeavor SUVs because the right side lower seatbelt anchor may break off during a severe crash.
Continue reading →

Published on: February 2, 2008

Two Southern California Dog Bite Attacks Reported This Week

By Brian Chase

An 8-year-old boy, who suffered severe dog bite injuries in Fontana, reportedly told police that someone intentionally set the dog on him. The boy and his brother who were walking down a neighborhood street told officers that a teen inside a house opened a door and let a 65-pound pit bull out the door and the dog in turn pounced on the boy and ripped his face apart, according to an article in the Inland Valley Daily Bulletin.

The boy suffered severe bite injuries on his face and was treated in the hospital and released. The newspaper reported that he had to get a number of stitches on his face. The dog ran back into its owner’s home after the attack and the owner reportedly tried to hide the animal in the backyard. However, animal control officials were able to locate the dog and tried to corner it, but the pit-bull was reportedly still very aggressive and charged at them even after they fired a bean bag round and used a taser gun against it. Finally, they had to shoot and kill the dog.

The dog owner could certainly be held liable in this case and should face criminal charges if the attack was intentional as the victim says. It is really sad that a little child had to undergo the trauma of a dog bite attack. He will probably also need plastic surgery on his scars. We’ve observed that even with plastic surgery some scars never go away.
Continue reading →

Published on: February 1, 2008

Restaurants And Driver’s Insurance Pay Family of Man Killed In DUI Crash

By Brian Chase

Here is another tragedy that clearly shows how important it is for restaurants, bars and liquor stores to take responsibility and stop providing alcohol to those who are already intoxicated – especially if they are ready to drive away in that condition. According to a news report in the Arizona Daily Star, two Midtown city eateries and the insurance company of a convicted drunk driver agreed to pay a total of $410,000 in settling with the family of a man killed in a DUI crash.

The lawsuit filed by the victim’s family reportedly stated that employees at Elle, a Wine County restaurant and Cuvee World Bistro should’ve known that 36-year-old Julie Lagergen was too intoxicated to be consuming more alcohol before they provided her with more. On Aug. 24, 2005, Lagergen drove her Volvo station wagon head-on into the Kia in which Evan Zarate was a passenger. Her blood alcohol was almost three times the .08 legal limit at 0.23 percent. Zarate, 22, suffered critical injuries in the crash, never regained consciousness and died a week later, the Star reported.
Continue reading →

Published on: January 31, 2008

Feds Delay Vehicle Roof Strength Standards Yet Again

By Brian Chase

Federal auto safety officials have yet again put off updating a controversial standard for vehicle roof strength, according to a news report in the watchdog Web site, Consumeraffairs.com. This one has been a long time coming not only because the existing standard is more than 35 years old, but because of the lives that are lost every year just in rollover crashes, which adds up to more than 10,000 fatalities a year.

The National Highway Transportation Safety Administration (NHTSA) is now asking for more information from auto manufacturers, safety advocates and the public about the proposed new standards. Auto safety advocates such as Joan Claybrook of Public Citizen are asking that auto makers be mandated to do dynamic roof crush testing – which means the rollover testing must be done when the vehicles are moving. But auto makers are saying they want to keep the static test – which is performed when the vehicles are not moving. How many rollover accidents occur when vehicles are not moving? Hopefully, federal officials have asked themselves that question.

Tens of thousands of lives have been lost in passenger car and sport utility vehicle rollover crashes in the United States even as this tug-of-war has been going on for decades. SUV makers such as Ford and General Motors are prime culprits in this because they have been fighting a stronger standard all along. They don’t want to do the dynamic testing or put heavier or stronger roofs because they cost more and push up the price of the vehicles.
Continue reading →

Published on: January 30, 2008

Lawsuit Alleges Nursing Home Understaffed To Boost Profits

By Brian Chase

A man, who filed a lawsuit against a San Luis Obispo nursing home, is alleging that owners understaffed their facility to save money thereby causing the death of his mother who took a fall and died of pneumonia when she was a resident there. According to a news report in the San Luis Obispo Tribune, Jay Cameron reportedly filed the suit against Compass Health, a company that owns six local facilities. The lawsuit alleges that the home committed elder abuse, fraud, wrongful death, negligence and violated patient’s rights, the Tribune reports.

But an attorney for the nursing home denies any abuse or negligence. He says the woman was 97 years old after all and maybe she broke her hip just because she was weak and old. This is exactly how he was quoted in the newspaper: “When you’re 97 years old there is no way to guarantee that people don’t fall, if that’s what did happen.” Isn’t that why families entrust their loved ones to people they believe are professionals? Isn’t that exactly the reason why this facility should be held accountable more than anyone else?
Continue reading →