California Injury Blog

Published on: May 18, 2007

Chinese Food Imports Under Close Scrutiny

By Brian Chase

It started with the brouhaha over pet food, but now the safety of a whole range of food products imported from China are coming under the microscope, according to a news article posted on the consumer watchdog website. According to this article, a new study published in Environmental Toxicology and Chemistry found samples from Chinese markets that contained concentrations of contaminants high enough to pose threats to human health.

This is an important detail because China has now become the world’s largest producer and exporter of fish and fish products. Organochlorine pesticides such as DDT, which were officially banned in 1983, have been used in China for decades prior to the ban. Twenty-five years later, there is evidence that new sources, particularly of DDT, may be present and contaminating seafood, researchers say. The most recent study focused on seafood from markets in 11 coastal cities in Guangdong Province.
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Published on: May 17, 2007

Ford Rollover Case with 55 Million Dollar Award Gets Reviewed

By Brian Chase

In a move yet again to restrain large verdicts that punish companies, the U.S. Supreme Court on Monday set aside a San Diego jury’s $55 Million award against Ford Motor Co. for a rollover accident involving its popular Explorer sport utility vehicle, according to an article in the Los Angeles Times.

The justices ordered a California appeals court to reconsider punitive damages awarded in the case of a 51-year-old mother of two who was paralyzed after her Explorer rolled over in 2002. This ruling will not affect the $27.6 million awarded to her in compensatory damages, which basically compensate victims for wrongful injuries. Punitive damages, on the other hand, are meant as a punishment to penalize the offenders, in this case, the auto maker. The high court, since the 1990s, has tried to rein in on unrestrained punitive verdicts because they believe such verdicts may violate the constitution, the Times article said.

After losing in the California courts, Ford’s lawyers appealed to the Supreme Court arguing that the jury in San Diego might have jacked up the punitive damages as a knee-jerk reaction to hearing that hundreds of people had been injured or killed in rollover accidents involving Ford Broncos or Explorers. The Supreme Court apparently bought that argument and decided to send the Ford case back to the California court for further consideration. A lawyer for the accident victim told the Times that the verdict was based on strong evidence that Ford “had sacrificed safety for profit.”

The injuries suffered by Benetta Buell-Wilson seem to be “classic Ford Explorer rollover.” She was driving at a normal speed on the 8 East Freeway in San Diego when she swerved to avoid a metal object on the roadway. Her 1997 Explorer reportedly fishtailed and rolled over four times crushing the roof and causing Buell-Wilson severe spinal injury and paralysis. Before her trial in San Diego, Ford had won 13 times in trials where plaintiffs had made similar allegations, the Times article said. But in June 2004, the jury in Buell-Wilson’s case socked Ford with a $368.6-million verdict. About a third was to compensate her and her husband for their injuries, including emotional suffering. The rest — $246 million — was intended to punish Ford for reprehensible conduct.

The verdict has since been reduced twice, first by the trial judge and later by a state appeals court in San Diego. The compensatory damages for Buell-Wilson and her family were reduced to $27.6 million and the punitive damages to $55 million last year. Now, the state appeals court in San Diego must decide whether to further reduce the punitive amount.
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Published on: May 16, 2007

Car Crash Kills Two By-Standers

By Brian Chase

A woman who was selling flowers and teddy bears for Mother’s Day and a Guatemalan immigrant were killed Sunday morning after a driver jumped the curb and plowed into the parking lot where the woman had set up her stand, according to an article in the Los Angeles Times.

Marilyn Herod, a Riverside mom who was fundraising for her church in South Los Angeles, was struck by the driver of a black 2006 Dodge Charger, who hit the fence in front of Herod’s stand. One of the bars from the wrought-iron fence struck Herod in the head, officials said. After striking Herod, the Dodge continued diagonally across the parking lot, smashing into another fence. Salvin Herrera, who was waiting for a bus, was struck in the head and killed. Two other women and a man suffered injuries.

Police arrested the driver of the Dodge, Harley Darnell Daniels, 21, on suspicion of vehicular manslaughter, the Times article said. Officials believe Daniels was under the influence of a nonalcoholic intoxicant but they were waiting for lab tests to identify the substance. Daniels himself suffered minor injuries, officials said. Those who saw the crash reported that Daniels appeared to be falling asleep right before the crash. Another witness said he was racing with another vehicle.
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Published on: May 15, 2007

E. Coli Death Lawsuits Settled

By Brian Chase

The California farm that grew the spinach linked to last year’s nationwide E. coli outbreak, and the two companies that processed and marketed it, have settled lawsuits with the families of three women who died, two of whom had not been included in the official death toll, according to a news report in the Los Angeles Times.

The attorney for the three families said Mission Organics, Natural Selection Foods and the Dole Food Co. agreed late last month to confidential settlements in the deaths of Ruby Trautz, 81, of Bellevue, Neb.; Betty Howard, 83, of Richland, Wash.; and June Dunning, 86, of Hagerstown, Md., the Times article said.

The Federal Centers for Disease Control and Prevention reported that the E. Coli outbreak in September 2006 caused 205 illnesses and three deaths across 26 states and Canada. Only Trautz was included as one of the three official deaths. Howard was counted as one of the illnesses. According to Howard’s attorney, she died in early January after a lengthy hospitalization.
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Published on: May 14, 2007

Road Improvement Study Underway in Orange County

By Brian Chase

A $1.2 million dollar study, approved by Orange County transportation planners will look at how to improve a section of highway from the Santa Ana Freeway, North of El Toro, to San Clemente, which has been a silent witness to many fatal car crashes.

This area includes over 14 cities and some unincorporated territory which has seen unprecedented growth over the years. While many changes have been put in place by the OCTA in South Orange County to improve congestion on the highways, new cities have sprung up over the years, as new schools, and reasonably priced homes became available. In fact, in 1980 the cities of Mission Viejo, Aliso Viejo, and Laguna Niguel had a total population of 205,000, but it is projected that in 2030 those same cities will increase in population by 45%.

Unfortunately, this study comes too late for several of the county residents who lost their lives on Orange County freeways. Just this month all three of the Cobble’s children, Emma 4, Kyle 5, Katie 2, died when a tractor-trailer, driven by Jorge Romero, rear-ended their minivan near the Oso exit. Kyle celebrated his fifth birthday the day before he died. Romero has been cited several times for such things as speeding; driving without his lights on; and, driving on a suspended license. An investigation is ongoing.
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Published on: May 13, 2007

Drunk Driver Gets Jail Time After Fifth DUI

By Brian Chase

Mark Lee Cummings claims he doesn’t remember the crash that took the life of Rudy Mora back in 2005. Cummings, who was driving his maroon van on a suspended license, struck Rudy and then left the scene. A short time later the police found Cummings and arrested him. According to the Orange County Register, when Mark Cummings was arrested he had several bottles of beer in his van – including a half-empty bottle of beer in the car’s cup holder.

But, this wasn’t Cummings first DUI! Remarkably, between the years of 2000-2004 Cummings had 4 DUI convictions, and he was still driving his van! Finally, this past Monday Cummings was convicted of second-degree murder for hitting a bicyclist while driving drunk and then fleeing the scene. Additionally, Cummings was convicted of the additional charges of driving on a suspended license, hit and run involving an injury, and driving under the influence with two or more past convictions.
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Published on: May 12, 2007

Defective Infant Car Seats Recalled by EvenFlo

By Brian Chase

The U.S. Consumer Product Safety Commission and the National Highway Traffic Safety Administration have recalled 450,000 Evenflo Embrace Infant Car Seats and Carriers because the infant in the seat can unexpectedly fall causing serious injury, according to ConsumerAffairs.com.

According to this article, Evenflo has received 679 reports of the handle on the car seat and carriers unexpectedly releasing, resulting in 160 injuries to children. These injury reports include skull fracture, concussions, cuts, scrapes and bruises. The two agencies said the problem with these defective car seats is that “when used as an infant carrier the handle can unexpectedly release causing the infant seat to rotate forward.”

The recall involves Evenflo Embrace Infant Car Seat/Carriers made before April 8, 2006. The recalled car seat/carriers have model numbers beginning with 317, 320, 397, 398, 540, 548, 549, 550, 556, 597, 598 or 599. The model number and production date information can be found on a white label on the bottom of the carrier and on the top of the convenience base. Models beginning with “5” are units sold with the travel system (compatible stroller). “Evenflo” is on the carrying handle and car seat base. Embrace infant car seat with carriers made on or after April 8, 2006, are not included in this recall.

Stores nationwide sold the car seat and carriers from December 2004 through September 2006 for between $70 and $100 when sold alone and between $140 and $200 when sold with a compatible stroller. The seats are manufactured both in the U.S. and China. NHTSA and CPSC are warning consumers that they not use the handle until the repair kit has been installed, but the product can be used continually as a car seat when secured in a vehicle.
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Published on: May 11, 2007

Product Liability Lawsuit Charges Honda of Concealing Fire Risk in CR-V, Element Models

By Brian Chase

In a class action suit against American Honda Motor Corporation, an Illinois man charges that a design defect in certain Honda CR-V and Element models makes them prone to fast-spreading engine fires, according to an article posted on ConsumerAffairs.com.

The lawsuit charges that the vehicles’ oil filter is dangerously close to the exhaust manifold on 2003, 2004 and 2005 model CR-Vs, and is mounted vertically, creating a situation where leaking oil can spray directly on the hot exhaust manifold. The suit also alleges that this reported defect occurs in Element models equipped with the 2.4-liter DOHC i-VTEC engine as well. According to the consumer watchdog Website, they have received complaints about this problem from consumers since 2004.

Hal Pilger, the Illinois man who filed the recent lawsuit, alleges that Honda has known about the supposed defect, but has failed to issue a recall. According to the complaint, Pilger’s 2003 CR-V burst into flames while he was driving it. Honda has denied all of the allegations and says the fires were caused as a result of improper installation of the oil filter.
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Published on: May 10, 2007

Train vs. SUV Crash Kills 6 People in Northern California

By Brian Chase

A woman and five other people, including at least three children, were killed Tuesday after their sport utility vehicle got hit by an Amtrak train when the vehicle got caught on the train tracks in Riverbank, a city 10 miles northeast of Modesto, according to an article published in the San Francisco Chronicle.

Maricruz Corral, 23, was driving five other people in her Chevrolet Tracker when eastbound traffic on Claribel Road slowed, forcing her to stop on the train tracks, said California Patrol Officer Tom Killian. Witnesses told officials that exactly when the SUV was stopped on the tracks, an Amtrak train approached the crossing and the warning gate lowered. Corral attempted to back up off the tracks, but one of the crossing arms hit her rear window and bounced back up, Killian said.

She hesitated for a moment and the vehicle rolled forward onto the tracks. Officials believe Corral panicked and that her foot possibly came off the brake causing the vehicle to roll back on to the tracks. Officials dismissed earlier reports that the incident was a suicide. Officials believe that there were two young boys in car seats in the SUV as well as another young boy and two female passengers in addition to Corral.
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Published on: May 9, 2007

Auto Accident Caused by Drunk, Negligent Sports Hero

By Brian Chase

Medical examiner, Michael Graham, revealed that St. Louis Cardinals pitcher, Josh Hancock, was drunk when he died in a car accident a week ago. Graham indicated in a press conference that Hancock was almost twice the legal blood alcohol limit when he crashed into the back of a tow truck that happened to be on the side of the road helping another driver. The tow truck driver was not injured, but Hancock, who was not wearing a seat beat died within seconds of impact from severe head and chest injuries, according to the medical examiner. Additionally, Police Chief Joe Makwa found marijuana and a glass pipe which is used to smoke marijuana inside of Hancock’s Ford Explorer, although toxicology tests have yet to determine if Hancock had drugs in his system at the time of the crash.

It also seems that Hancock was involved in another traffic accident the week before his death on April 26th. Shortly before that accident an unidentified couple, who were present at a steakhouse where Hancock was eating, indicated that he seemed to be drinking heavily and was impaired. They also claimed that they overheard Hancock telling ESPN broadcaster, Dave Campbell, that he [Hancock] had been in big trouble with Tony La Russa, Cardinal manager, because he was late to a game and too ‘hung over’ to play. This account was denied by La Russa who had his own brush with a DUI in March in Florida. La Russa also stated that he would have known if Hancock had a problem, because anyone with a drinking or drug problem could not perform at the level Hancock performed. Hey La Russa, why don’t you tell that to Hancock’s family!
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