California Injury Blog

Published on: January 29, 2008

High Court Rulings Could Shield Big Corporations From Product Liability Lawsuits

By Brian Chase

If the U.S. Supreme Court decides to uphold two lower court rulings, it would provide immunity from product liability lawsuits to major corporations including cigarette and drug companies and auto manufacturers. According to this article, the cases in question particularly involve lawsuits over Philip Morris’ so-called “light” cigarettes and injuries caused by Wyeth’s Phenergan, a nausea medication which caused a Vermont woman’s arm to be amputated after she was injected with it.

What happens if the Supreme Court decides in favor of these giant corporations? Thousands of people suing over serious injuries and deaths caused by defective drugs, lead-tainted toys, deceptive advertising and defective auto products, will lose the right to have their cases heard in court.

We hope the U.S. Supreme Court will think long and hard about these cases and decide to rule in favor of the consumers. A decision for the corporations will seriously hurt consumers and their rights. If the high court rules in favor of the companies, they will get the immunity from litigation that they have long dreamed of. As long as they can pay their high-priced and high-powered lobbyists to convince governmental regulatory agencies to approve their products, they would be free of any liability to consumers. And that would hold true irrespective of what they knew or should have known about the faulty products or the harm done.
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Published on: January 28, 2008

Motorist’s Illegal U-Turn Kills Motorcyclist in Fatal San Diego Crash

By Brian Chase

A 55-year-old motorcyclist was killed after a van driver made an illegal U-turn in his path on a San Diego street, according to a news report on Channel 10’s Web site. Robert Hugh Reed of Sacramento died at the scene from severe injuries he suffered in the crash, the news station reports.

The motorcycle accident occurred at about 4:30 p.m. Saturday in the 3000 block of Valley Road when a 40-year-old woman driving a van reportedly made an illegal U-turn right in front of Reed. The van driver, who has not yet been identified, was not injured in the crash. Officials are still investigating the crash, but the report says they are considering possibly filing vehicular manslaughter charges.
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Published on: January 27, 2008

CHP Officer Killed In Off-Duty Freeway Fatal Crash

By Brian Chase

An off-duty California Highway Patrol officer, who was a 13-year veteran in the force, died last week in a freeway auto accident when his 2001 Chevy Silverado truck veered off the roadway and ejected him from the vehicle. According to an article in the Pasadena Star News, Dale Goddard III, 36, of Chino Hills, was driving from the westbound 210 Freeway to the southbound 15 Freeway.

The truck reportedly drifted to the left, rolled down the embankment and came to rest on the southbound 15 Freeway. Investigators are still looking into what caused the truck to go off the freeway, crash and land on its roof. Alcohol is not believed to have played a role. But investigators believe Goddard was not wearing his seatbelt. His co-workers say they are shocked that the officer, who was vigorously involved in seatbelt enforcement, was not buckled up himself.

We hope the officer’s family makes sure that a thorough investigation is conducted. The officer’s co-workers will probably make sure that happens, but there are certainly a few issues here that would catch the eye of a seasoned personal injury attorney or an auto product defect attorney who looks at this incident. First of all, the question is what caused the officer to lose control of the vehicle? Was there a mechanical defect?
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Published on: January 26, 2008

Ontario Couple Whose Son Died in Pedestrian Accident Pushes For Stop Signs At Dangerous Intersection

By Brian Chase

An Ontario family has started a petition drive to get a four-way stop sign and pedestrian crosswalk at what they say is an unsafe intersection where their 15-year-old son, Paul Roberts, was struck and killed by a car. According to an article in the Inland Valley Daily Bulletin, the family is asking that the city install the stop signs at the intersection of Walnut and Walker avenues in Ontario where the fateful pedestrian accident occurred in November.

The city of Ontario, however, is saying that the particular intersection does not meet state mandates for a stop sign. City officials are saying the most they can do is put up a pedestrian crosswalk and other warning signs at the apparently dangerous intersection. But the deceased teenager’s mother, Yolanda Roberts, says she will be satisfied with nothing less than stop signs.
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Published on: January 25, 2008

Fatal Fire In Texas Was Likely Caused By Space Heater, Officials Say

By Brian Chase

A Santa Fe man reportedly died as his home burned down around him in what fire officials suspect was caused by a defective space heater. According to an article posted in the local ABC news channel’s Web site, 59-year-old Charles “Beau” Britz could not get out of his house after a space heater in the front of his house caught on fire as Britz and his 29-year-old son slept inside.

The son, Robert, who was the first to notice the fire, broke his hand trying to get out of the intense flames. His father however died near the front windows where the flames were out of control, the news channel reports. The entire Santa Fe neighborhood is in shock after the sudden and tragic death of a person they say was a friendly and amiable neighbor and good friend.

According to the report, the Houston Fire Department sees 100 fires each year that are caused by defective space heaters and furnaces. Officials are warning people during this peak winter season that heaters should be kept on the floor at least three feat away from the walls, furniture or any other material that may cause or fuel a fire.
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Published on: January 24, 2008

University Realizes Mistake After Wrestler Dies In 15-Passenger Van Crash

By Brian Chase

Last week, college wrestler Broc Pigorch and his team were on their way to participate in a tournament in Iowa. Pigorch never made it because, as officials would announce later, the team was riding in one of the most dangerous vehicles still plying our roadways – the 15-passenger van.

According to an article posted on a local TV news channel’s Web site, the team was traveling in a 15-passenger van when they swerved to avoid hitting a car that suddenly braked. Now, other athletic teams are wondering if they are taking a risk by putting their teams in one of these vans, which has been well-known among safety experts as “a death trap on wheels.” Well, all these college coaches can stop wondering because – yes, 15-passenger vans are big-time death traps!

This tragedy was probably overlooked by national news media because it happened around the same time when seven members of a basketball team and their teacher died when their 15-passenger Ford van crashed on an icy Canadian freeway. These vans are unstable, badly designed and simply dangerous. They should not be on the road in the first place.
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Published on: January 23, 2008

A Really Good Way To Be Prepared For An Emergency

By Brian Chase

Here’s one thing most of us don’t think about – if we get into a horrible auto accident or suffer serious injuries at work or elsewhere, will our loved ones be able to get to us at a reasonable time. With cell phones in our pockets and purses, most of us think: “Yeah, sure!”

But think again. Is there a phone number in your cell phone that tells a complete stranger whom to call in case of an emergency? What if you are completely incapacitated after a major accident? What if you need emergency surgery? These disturbing questions are piquing Americans’ interest in what is called the In Case of Emergency or ICE campaign.

The ICE campaign started in the United Kingdom when British paramedic Bob Brotchie came up with the idea of asking cell phone users to input an entry into their cell phonebook called ICE, which stands for “in case of emergency.” Accompanying the letters “ICE” would be the name and phone numbers of the person who should be called if something were to happen to the owner of the cell phone.
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Published on: January 22, 2008

Accident Reconstruction Is Vital In Auto Accident Cases

By Brian Chase

Accident investigations can make or break an auto accident case. And every day, we see examples of incidents where initial incident reports are proved to be wrong and other facts emerge and surface as an investigation into an auto accident progresses.

Take for example this horrific fatal accident that left four people dead near the Pala Casino. California Highway Patrol officials now say the 24-year-old man, Anthony Boles, who they first said was the driver and had drugs in his possession, didn’t do it. Last week, they arrested 23-year-old Deanna Fridley charging her with four counts of vehicular manslaughter and driving under the influence of alcohol. Fridley is still recovering from her injuries and is hospitalized.

But the thing is, it took CHP officials a little over a month to figure out the facts of this case and said they issued the name of the wrong person as driver of the GMC Yukon that slammed into a Toyota Camry 3 miles away from the casino. The Yukon reportedly hit a guard rail and then veered off into the opposing lane colliding with the Camry head-on, killing all four people inside that car. Jesus De Santiago, 45, and Lina De Santiago, 46, of Escondido, and Rubi Baez, 46, and Luis Baez, 51, of Vista – all died in the crash. Both Fridley and Boles deny driving the SUV, but investigators now have a video tape from the casino’s parking lot showing Fridley getting behind the wheel and driving off.
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Published on: January 21, 2008

Orange County Woman Killed In ATV Accident

By Brian Chase

A 21-year-old Fullerton woman reportedly died when she was thrown off her all-terrain vehicle when she was riding in San Bernardino county north of Barstow, according to an article in The Orange County Register. Amanda Jane Simon was killed when she was ejected from her ATV. The vehicle then landed on her head and ran over her, the newspaper reported.

Although Simon was using safety equipment when she was riding the ATV, it didn’t do much to save her life because of the severity of the ATV crash and her serious head injuries. In fact, investigators say she died instantly on the first impact.

It is always tragic when a young life is snuffed out in an unfortunate accident such as this. Simon, for example, was a woman who was full of life. She was interested in getting a veterinary degree, was already working in a pet kennel in Yorba Linda and was about to get married later this month, the Register reported. Simon and her fiancé, Billy Paquette, reportedly often rode ATVs in the area where this accident occurred.
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Published on: January 20, 2008

Woman Severely Injured After Her Car Was Rear-Ended By Tow Truck

By Brian Chase

A 21-year-old Orange County woman was left in critical condition after a tow truck reportedly hit the car she was driving from behind, according to a report in the Mission Viejo Dispatch. According to the news report, the 1995 Nissan Sentra was struck from behind by the tow truck after which the Sentra was pushed into another car, a Ford Taurus, which was stopped in front.

The report says that the 23-year-old tow truck driver, an Orange resident, failed to notice the slowing car for some unknown reason. The silver lining in this accident – a 1-year-old child placed in a car seat and sitting in the rear of the Sentra survived the crash without any injuries. Officials say the car seat saved her life.

This is certainly not the first rear-end crash on the I-5 in Mission Viejo recently. Last May, three young children died when a big rig, loaded with electronic equipment, plowed into their family’s minivan from behind because the driver was unable to stop.
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