California Injury Blog

Published on: June 7, 2007

Slimy Sandwich Leads to Similar Lawsuit

By Brian Chase

A police officer is demanding compensation for a “slimy” prank two teenagers tried to pull off on him at a local McDonald’s franchise in Charles City, according to an Associated Press news report.

Officer Josh Douglas has filed a lawsuit saying that when he was working nights two years ago, he went through the restaurant’s drive-through and ordered a chicken sandwich. But when he removed a lettuce leaf, just because he didn’t like that stuff, he went on to discover some mucous-like substance holding the vegetables together. When Douglas and another officer checked into it, they discovered that the two teens were imitating a similar in a movie where a state trooper orders a sandwich and the cook spits phlegm on it, the news agency reported.

The officer and his attorney filed a lawsuit May 8 after they were unable to reach a settlement with McDonald’s. The restaurant owner said that he took immediate action by firing the two employees. But what does the officer and his attorney want? An apology and here’s the important word – compensation.

Officer Douglas didn’t even take a bite out of that sandwich. He didn’t suffer any kind of real physical injury as a result. He didn’t fall sick. He wasn’t hospitalized. And despite that, the restaurant owner did what he was supposed to do. He has probably apologized profusely to this officer and had even fired the two pranksters.
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Published on: June 6, 2007

Defective Medical Devices Recalled – Manufacturer Denies and Refuses

By Brian Chase

A New Jersey medical device company that manufactures pediatric heart valves, conduits and patches used in heart surgery is fighting the U. S. Food and Drug Administration in court, stating that the federal agency wrongly quarantined about 1 million of its product parts because of concerns over sterility and health risks.

According to an article last week in the New Jersey Star Ledger , Shelhigh suffered a setback on May 30 when a federal judge made a ruling refusing to release the devices seized by FDA in April. The judge stated that he would not determine whether those devices met safety standards without a hearing, which he said he will schedule soon.

Meanwhile, there is a virtual war of words going on between the federal officials and Shelhigh, which is a small company with 50 or so employees. Most of the company’s devices are exported to Europe, particularly Italy and Spain. According to this newspaper article, federal officials claim in court papers that Shelhigh used a poorly constructed and maintained clean room, and failed to properly test the sterility of products.
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Published on: June 5, 2007

Wrongful Death Lawsuit is Filed by Family of Bridge Construction Worker

By Brian Chase

The family of a 45-year-old man to plunged to his death from the Santa Margarita Parkway Bridge while working on it, has filed a wrongful death lawsuit against the city, county and state, according to an article in The Orange County Register. Gregory Wolters of Mission Viejo died when he was attempting to cross the bridge. Officials believe he may have thought there was a solid median between the roads and dropped 100 feet down, the article said.

Wolters worked for Econolite Traffic Engineering and Maintenance Inc., a company contracted by the city to work on traffic control equipment. He is survived by his wife, Kellie, and two daughters, ages 13 and 14. The family alleges in the lawsuit that the bridge was “designed negligently” with poor lighting and weak railings and that it does not conform to highway safety standards. The plaintiffs’ attorney also told the Register that there were no cautionary signs posted on the bridge or additional lighting. The report states that this was the second accidental death on that bridge since 2005.
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Published on: June 4, 2007

Fatal Car Crash Legal Woes Continue for Brandy

By Brian Chase

The web of lawsuits in the Brandy Norwood fatal crash case became a little more intricate last week after the singer-actress and another driver involved in the crash sued each other in Superior Court, each accusing the other of negligence, according to an Associated Press article posted on the San Jose Mercury News’ website.

The 28-year-old actress, known mostly by her first name, says Mallory Ham of Simi Valley caused the Dec. 30 crash on the 405 Freeway in Sherman Oaks. Ham was injured in that incident, but the crash killed 38-year-old Awatef Aboudihaj of Los Angeles. Her husband has sued both Brandy and Ham for reckless driving. Aboudihaj’s parents and her two children also have separate lawsuits pending against Brandy.

In her lawsuit, Brandy denies allegations made against her in a previous lawsuit and asserts her Fifth Amendment right against self-incrimination while requesting a jury trial. But Ham maintains that Brandy was driving recklessly and is seeking unspecified damages.
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Published on: June 3, 2007

Cemetery Switches Graves to Cover Up its Mistake

By Brian Chase

A mother is suing a South Carolina cemetery saying that her son’s casket was dug up and moved without informing the family, according to a news article published in the Spartanburg Herald Journal. Debra Polson’s 21-year-old son, Jonathan, died Dec. 3 and was buried there four days later. But three weeks later, the mother noticed a marker with another man’s name at the site. Continue reading →

Published on: June 2, 2007

Mortician Accused of Fraud and Shoddy Embalming

By Brian Chase

To put it mildly, Roy Williams is a man in a lot of trouble – as he should be. According to an article in the St. Louis Post Dispatch. Williams, now a former mortician, is accused of shoddy embalming and fraud. Williams, over the last 20 months, has also been stripped of his business and professional licenses, the newspaper article says.

Williams’ funeral home in Alton, Missouri, first drew attention in October 2005 when the family of Lloyd White complained that the man had “mishandled White’s remains.” The family told police that White was not wearing the clothes the family had brought for him to be buried in and that his body was placed inside the casket, wrapped in nothing but a bloody sheet.

Then, last June, Williams was sued by a casket selling company alleging that Williams hadn’t paid the $3,000 he owed them. A judge in August ordered Williams to pay the amount with interest after he never responded to the suit. Then this month, the Illinois Comptroller’s Office filed a petition in Madison County Circuit Court seeking to appoint a temporary administrator to recoup some of the money paid by clients to Williams, the newspaper article said.
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Published on: June 1, 2007

SUV Crash in Anaheim Takes the Life of 16 Year Old – Inspires Life Changes in Friends

By Brian Chase

A one-car crash, in Anaheim, took the life of 16 year-old Patricia Thompson last Saturday when her Toyota 4Runner went out of control; hitting a light pole. Amy Husted and Shelly Bailey, both 18, are recovering from the auto accident that took the life of their friend and left them with physical injuries, scars and a new outlook on life.

Amy and Shelly always loved to spend time with their good friend Patricia Thompson. So, when Patricia called them to have them come along with her to plan a party for some friends coming from Colorado they didn’t give it a second thought. But, when Patricia showed up in her Toyota 4Runner with two other friends there was no real room for Amy and Shelly to sit; they jumped in the far back, Shelly on top of the full laundry basket and Amy on the floor beside her. A mile into the ride the 4Runner suddenly jerked to the right, rolled and hit a pole-ejecting Patricia from the car. An investigation is ongoing as to whether, and which, occupants were wearing seat belts. The toxicology results are not yet available.

Amy remarked from her hospital bed, “I still feel as if she is here. It hasn’t hit me yet. With Patricia gone, I don’t know what is going to happen from now on, but I know I want to do better in my life.” Both Amy and Shelly believe they can teach others from their experiences. Shelly wants to be a teacher and Amy wants to coach gymnastics. I wonder what Patricia wanted to be? Whatever it was it will not happen now…….

What was the cause of this fatal accident? It could have been prevented. Was the driver of the 4Runner driven to distraction?

During the summer of 2005 Toyota presented a free class for teen drivers, rightly called “Distractions Course”. The instructor for this course tells the students up front, “…if you hit them they die…” referring to traffic cones lining the course. Megan Waechter, 15, participated in the program at the suggestion of her father.
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Published on: May 31, 2007

FDA Wants Warning On MRI Contrast Agents

By Brian Chase

MRI scans are as common as x-rays these days. But here is a news report that will make you think twice before you enter the belly of that scanner. On Wednesday the Food and Drug Administration issued a statement asking manufacturers of certain contrast agents, used in patients who get MRI scans, to place a black-box warning on the agents so patients are aware of the risks involved. Apparently these agents can be lethal to patients who have severe kidney problems, according to an article posted on CNN.

According to this article, the warning would involve five gadolinium-based contrast agents, some of which are manufactured by General Electric Co.’s health care unit as well as BAY, an arm of Bayer and Tyco. FDA officials say these agents, when used on someone with severe kidney problems, “could cause a debilitating and potentially fatal disease called nephrogenic systemic fibrosis.” Among others who are at risk are patients who are undergoing a liver transplant or those with chronic liver disease.

FDA officials say this condition, commonly referred to as NSF, can cause thickening of the skin and connective tissues and restricts their mobility resulting in broken bones. This type of fibrosis may also develop in the diaphragm, thigh and lower abdominal and lung vessels. NSF is a debilitating condition that results in gradual deterioration and may eventually lead to death. The agents in question are used to enhance visibility of internal organs when patients undergo an MRI. According to FDA officials, the contrast agents are not required for an MRI to be done.
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Published on: May 30, 2007

Funeral Home Negligence Results in Lost Gravesite – Mom Files Lawsuit

By Brian Chase

A resident in Amarillo, Texas, has filed a lawsuit against the city of Lubbock Cemetery, alleging that the grave marker indicating her infant daughter’s burial site has been moved and that she doesn’t know if or where her daughter’s body has been moved, according to an article in theDaily Toreador.

Connie Sanders purchased a burial plot at the city-run cemetery in the early 1970s to bury the little girl in an area of the park called “Baby Land.” Sanders has since moved away from Lubbock and became concerned when she heard about problems at the cemetery and a prior lawsuit they’re facing. So she decided to check it out for herself. Sure enough, when she came to Lubbock to visit the burial site, the marker was gone. Sanders’ attorney told the newspaper that the only information the city has provided is a card-like filing system that acknowledges that the girl was buried somewhere in the cemetery. But there is absolutely no physical proof, no marker.

Sanders’ attorney has been contacted by other families whose loved ones were buried at that cemetery, but this is his first case regarding Baby Land, he told the newspaper. The city meanwhile says it will vigorously defend the lawsuits. The cemetery holds more than 400 funerals a year. So far, six other plaintiffs have filed suit against the cemetery making similar allegations. Sanders is filing for monetary compensation seeking damages for the emotional pain and suffering they are experiencing. Her attorney says the city cannot provide any other relief at this point.
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Published on: May 29, 2007

DUI Crash Driver Flees to South Korea

By Brian Chase

It’s not every day that an Orange County freeway fatality gets international attention.

According to a Los Angeles Times article, there is an arrest warrant for Youn Bum Lee, an executive at Hyundai Motor Co., who left for his home country of South Korea, allegedly with the help of his colleagues, after a fatal motorcycle accident on the 55 Freeway in Orange County involving a vehicle Lee was driving while intoxicated.

Orange County prosecutors are charging Lee with three felonies in the death of 23-year-old Ryan Dallas Cook, who on the fateful night of Oct. 18, 2005, was taking the 55 Freeway back home after practicing with his band. Lee is being charged with gross vehicular manslaughter while intoxicated, driving under the influence of alcohol and drugs with injury and hit-and-run with injury or death, according to the Times article. Also, the victim’s family has told prosecutors that they want Hyundai executives to be held liable because they helped Lee flee to Korea before police got wind of it.

Officials from multiple agencies are now looking for this man. His wife and child apparently moved out of the couple’s Irvine home the day after the incident. Federal officials tell the Times that some of Lee’s co-workers at Hyundai’s subsidiary in Fountain Valley were not forthcoming with information during the early stages of the investigation. Cook’s relatives are planning on filing a wrongful death lawsuit and believe that there was a cover-up at Hyundai.

According to police reports Lee, a 40-year-old executive at Hyundai, had dinner with his colleagues at a Garden Grove restaurant in the hours before the incident. The Times article says the group ate barbecued ribs and soup and drank 14 bottles of Saan Soju, a Korean rice wine with 20 percent alcohol content. Lee himself drank about eight shots, reports said. Apparently, they didn’t stop there. At 10 p.m., the party jumped to a karaoke bar where the men drank 16 cans of Hite beer in a VIP room. After that, Lee drove back alone to his Irvine home.
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