February 2009 Archives

Movie Star Morgan Freeman Sued for Personal Injury by Car Accident Victim

February 27, 2009, Posted by Howard Law, PC.
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This week, a woman who was riding in a car driven by actor Morgan Freeman during a motor vehicle accident last August filed a personal injury lawsuit against the movie star. Demaris Meyer claims that even though authorities did not charge the Oscar winner for driving under the influence of alcohol, the 71-year-old driver had been drinking prior to getting behind the wheel of the car. 

Freeman sustained a broken elbow and arm during the August 3, 2008 car accident. Meyer, who says she met the actor through mutual friends that night, had to be airlifted to a hospital. She sustained a head injury that has caused her to experience both short-term memory loss and cognitive difficulties. Since then, she hasn't been able to resume her job as an executive assistant. 

Her personal injury lawsuit accuses the actor of negligence because he allegedly failed to properly operate the motor vehicle. Meyer also wants the public to know that she was not Freeman's mistress at the time of the traffic crash and that they were never involved with each other romantically.

Car Accidents
If you have been injured in a car accident, you may have grounds for filing a personal injury lawsuit against the negligent party. The best way of obtaining a successful case outcome is to speak to an experienced Orange County, California personal injury law firm about your case. 

California car accident plaintiffs are entitled to claim recovery for economic and non-economic damages.

Examples of economic damages:
• Lost income 

• Medical costs
• Lost earning capacity
• Damage to personal property and real property

Examples of non-economic damages:
• Mental pain
• Physical pain
• Loss of consortium
• Emotional trauma

California car accident victims have two years from the date of the traffic collision to sue all negligent parties for personal injury. 

Morgan Freeman sued over car crash, Reuters, February 25, 2009


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Posted In: Car Accidents , Motor Vehicle Accidents , Personal Injury , Traffic Accidents

Orange County, California AIDS Doctor Who Ran Clinics in Laguna, Garden Grove, and Long Beach Admits to Subdosing Patients

February 26, 2009, Posted by Howard Law, PC.
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In Orange County, California, AIDS Dr. George Steven Kooshian has pleaded guilty to administering less than the actual dosage of medication than what was prescribed to patients. Kooshian ran clinics in Garden Grove, Laguna Beach, and Long Beach. He pleaded guilty to two counts of making false statements over healthcare matters and two counts of healthcare fraud. He could face up to 50 years in prison.

In 2005, Kooshian's former long-time assistant, Anaheim resident Virgil Opinion, told the media that the AIDS doctor was subdosing patients. Opinion has pleaded guilty to taking part in Kooshian's scheme. The ex-assistant and one of Kooshian's patients went on to sue the AIDS doctor and the civil lawsuit was resolved after a confidential agreement was reached.

California Medical Malpractice
Doctors, nurses, surgeons, dentists, plastic surgeons, and other medical providers can be held liable for medical malpractice if they fail to provide a patient with the standard level of care or if carelessness, recklessness, or negligence leads to a patient getting hurt, not receiving the proper medical treatment, or dying. Depending on the circumstances surrounding a personal injury or wrongful death case, the negligent medical worker's employer, such as a hospital or another type of facility, could also be held liable for medical malpractice.

In California, medical malpractice plaintiffs have three years from the date the injury occurred or one year from the time the victim should have found out or did discover that the injury was a result of medical malpractice to file a lawsuit against the defendants. For minors younger than 6, the statute of limitations for filing a California medical malpractice lawsuit is before the child turns 8 or until three years after the injury date--whichever occurs first. 

While California medical malpractice defendants are jointly and severally responsible for economic damages, liability for noneconomic damages is proportional according to the fault of each defendant. The cap on noneconomic damages in a California medical malpractice case is $250,000. 

AIDS doctor admits shorting patients on medicine, OC Register, February 26, 2009



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Posted In: Medical Malpractice

Anaheim Nursing Center Fined $75,000 for Elderly California Resident's Choking Death

February 25, 2009, Posted by Howard Law, PC.
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California's State Health and Human Services says that an elderly resident who was initially reported to have had a fatal heart attack while staying at the Anaheim Crest Nursing Center in fact died because he choked while eating a tuna sandwich. The state is accusing Anaheim Crest Nursing Center of not reporting the sandwich incident until after the corner determined that the patient died from a choking incident.

The resident, who had dementia, was only supposed be eat pureed foods. An attorney for the Anaheim nursing home, however, says that the long-term care facility did not know that the resident had taken a sandwich from a food tray and eaten it. 

State documents report that the resident had two choking incidents on September 9, 2008. The first time, the nursing home staff accidentally gave him the wrong food even though it was known that he had swallowing difficulties. The second incident happened later in the evening when the elderly resident was left alone close to a food cart. He reportedly choked on his sandwich and died within an hour. Workers at the nursing home are accused of failing to attempt to clear his throat, not providing him with emergency care, and neglecting to check him for aspiration. Now, the state is fining the Southern California nursing home $75,000 over the incident.

Although this is the Anaheim nursing home's first fine in four years, the long-term care facility was accused by the state in 2003 of giving drugs unnecessarily to eight patients. Several years ago, the Anaheim Crest Nursing Center received warnings for unsanitary food conditions, failing to properly secure the doors, and failing to have a Korean speaker at the facility even though many of its residents could only speak Korean.

Nursing Home Negligence
Southern California nursing homes are supposed to provide residents, especially those with specialized needs, with the proper care and attention. When nursing neglect, carelessness, or recklessness leads to patients sustaining injuries or dying, the nursing home resident or his or her family may have grounds for filing an Anaheim nursing home abuse/neglect lawsuit.  



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Posted In: Nursing Home Abuse and Neglect , Wrongful Death

Two California Police Brutality Lawsuits Result in Multimillion Dollar Verdict and Million Dollar Settlement for Respective Plaintiffs

February 24, 2009, Posted by Howard Law, PC.
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The parents of a teenager who died when a California Highway Patrol officer shot him in 2001 have been awarded $4.6 million. The federal jury ruled in favor of John & Cathy Adams over the wrongful death of their son, 18-year-old Alan Adams. They awarded the two of them $1.01 million and an additional $4.5 million because they found CHP officer Paul Speers was negligent when he fired his weapon at the teenager following a high-speed police chase. However, the jury also found that the 18-year-old was partially at fault, so the verdict amount was decreased by 20%. 

The police chase, which lasted over an hour, happened on January 20, 2001. A sheriff's detective saw Alan drive through a stop sign and the chase took place through two California counties.

Police officers who were chasing him were able to surround the Ford Expedition Alan was driving when he started to make a U-turn over a grassy median. They ordered the teenager out of the vehicle, and as he moved his mother's Ford Expedition into reverse next to a CHP car, Speers reportedly shot at him six times, killing him. Witness testimony, however, indicate that Speers may have actually been in front of the SUV when he shot Alan. 

Speers was never disciplined for the incident and no criminal charges were filed against him. He continues to work as a CHP police officer. 

In another California police brutality case, a man who says that Hawthorne police kicked him while he was handcuffed and broke his jaw has reached a $1 million settlement with the Southern California city of Hawthorne. Anthony Goodrow claims that not only was he assaulted by police in July 2006, but he and his wife were then falsely prosecute in an effort to cover the police officers' excessive use of violence.  

The issue of police brutality in California has been in the headlines in recent months. Earlier this month, the city of Los Angeles agreed to settle nine police brutality lawsuits filed by plaintiffs who were injured during the May 2007 immigration rally at MacArthur Park for $12.85 million. And on January 1, 22-year-old Oscar Grant died after he was shot in the back by police. Video footage captured the shooting. His family has filed a California wrongful death lawsuit suing the Bay Area Rapid Transit Agency for $25 million. 




Related Web Resources:

Police Brutality, Santa Monica College Library 



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Posted In: Police Brutality , Wrongful Death

Orange County, California Clergy Sex Abuse Lawsuit Accuses Roman Catholic Priest of Abusing Another Victim

February 20, 2009, Posted by Howard Law, PC.
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Costa Mesa police are looking into allegations by a now 24-year-old man that a Roman Catholic priest sexually abused him when he was a second grader at St. John the Baptist Church's school. The  man, Jonathan Kirrer, has filed an Orange County, California sexual abuse lawsuit. In his complaint, he is accusing the Roman Catholic Diocese of Orange of conspiring to hide the alleged abuse incidents involving him. Now, prosecutors are debating whether to file criminal charges against Lyons. 

This latest Southern California clergy abuse lawsuit comes just four years after the diocese reached a $100 million settlement with 90 victims who claimed they had been abused by Catholic priests in the area. Some of the victims had identified Lyons as their abuser.  

Also, previous criminal charges against Lyons for child molestation stemming as far back as more than 20 years were dropped in 2003 after the US Supreme Court invalidated a California law that allowed for the prosecution of old sex abuse cases. In 2002, Lyons had to vacate his post at a parish in Dana Point after he was accused of molesting a teenage boy. 

Kirrer's Orange County, California sexual abuse lawsuit accuses Lyon of molesting the then-second grader at least four times between 1994 and 1995. Alleged incidents of molestation include involving Lyon taking Kirrer's arm and making the boy touch him and another incident when the priest allegedly used the boy's hand to engage in a sexual act. 

Kirrer's California clergy abuse lawsuit is seeking damages. A civil trial is set to begin in May.

Clergy Sex Abuse
Over the years, the Roman Catholic Church paid millions of dollars to victims who were abused by priests and other clergy members. The Church has also come under fire for covering up these abuse incidents and, rather than making sure that children were protected, transferring the abusers to other dioceses where many of them would go on to abuse more victims. 

If you or someone you love has been a victim of abuse, even if the incident happened in the past, there are legal remedies that could allow you to obtain your California personal injury compensation.



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Posted In: Child Sexual Abuse

Metrolink Chatsworth Train Accident Victims Have Until March 12 to File Claims Against Government That Could Allow for Southern California Personal Injury or Wrongful Death Lawsuits

February 19, 2009, Posted by Howard Law, PC.
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The six-month statute of limitations for filing an injury or death claim against the California government for the deadly Chatsworth train accident that left 25 people dead and injured over 200 victims last September is fast approaching. Victims and their families have until March 12, 2009. Once the claim has been filed and 45 days have passed or the claim is denied, then plaintiffs can file their California wrongful death or personal injury lawsuits against Southern California Regional Rail Authority, Metrolink, and the Los Angeles County Metropolitan Transportation Authority (LACMTA). 

The catastrophic Southern California train collision between a Metrolink train and a Union Pacific Freight train occurred on September 12, 2008 after the Metrolink operator, Robert Sanchez, failed to stop at a red signal. Records indicate that Sanchez, who did not survive the head-on collision, was receiving and sending text messages up until 22 seconds before the deadly accident. Seven freight cars were derailed and passengers became trapped in at least three Metrolink cars. One of the cars caught fire. 

Other likely personal injury and wrongful death defendants include Connex Railroad, Veolia Transportation, and Sanchez's employer. These companies are not government entities, however, so plaintiffs have two years from the date of the accident to file their California lawsuits.

Train Accidents
Train crashes are often serious accidents that can result in injuries for scores of train passengers, as well as motorists and pedestrians who may find themselves involved in a collision with a train. 

Common causes of train accidents include:

• Train collision involving another train
• Colliding with a motor vehicle
• Train derailment
• Operator error or negligence
• Defective train parts
• Train malfunction
• Conductor error



Federal hearing to focus on fatal Metrolink crash, Riverside County, February 10, 2009



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Posted In: Train Accident , Wrongful Death

Southern California Wrongful Death Lawsuit Filed by Family of Gay Teenager Murdered in the Classroom Files

February 18, 2009, Posted by Howard Law, PC.
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In Southern California, the parents and brother of Lawrence King are suing nearly two dozen defendants for wrongful death. King, 15, was murdered last February when he was shot in the head while in English class. His alleged killer, junior high school classmate Brandon McInerney, has pleaded not guilty to committing a hate crime and first-degree murderer. 

The nearly two dozen wrongful death defendants include McInerney, the teenagers' parents, the school principal, the Casa Pacifica shelter, a Ventura County social worker, counselors, King's teacher, Hueneme School District, and the Ventura County Rainbow Alliance.

According to prosecutors, the two teenagers were having problems with one another after King told McInerney that he loved him and asked him to be his Valentine. The California wrongful death lawsuit contends that defendants were aware that McInerney had threatened to kill King, yet no one took his threat seriously. McInerney, who is now 15, was charged as an adult for killing King. If convicted, he could spend anywhere from 51 years to life in prison.

The California lawsuit accuses EO Green Junior High School and the nonprofit shelter where King lived of failing to do anything about the teen's "sexually assertive" conduct. It also claims the shelter provided King with makeup, cross-dressing clothes, and women's boots. The  wrongful death complaint contends that the Rainbow Alliance encouraged King to make sexual advances toward McInerney.

Wrongful Death in California
If your loved one died because of another party's negligence, carelessness, or recklessness, you may be entitled to file a California wrongful death claim for damages. In California, plaintiffs generally have two years from the date of the accident or event that caused the death to sue the liable parties for wrongful death.  If one of the defendants is a California government entity, your wrongful death claim needs to be filed within six months from the accident date.

In California, the deceased's surviving spouse or domestic partner, children, and children of any deceased offspring can sue a negligent party for wrongful death.  If the victim was not married or did not have any children, then his or her parents, siblings, and other relatives can make a claim.

Suit filed over SoCal gay teen's classroom murder, Mercury News, February 14, 2009

Suit Filed Over Killing of Teenager in Classroom, New York Times, February 14, 2009


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Orange County, California Car Accident Involving Dropped Cell Phone Leaves One Woman Dead and Three Men with Injuries

February 16, 2009, Posted by Howard Law, PC.
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The California Highway Patrol is investigating a deadly auto accident that occurred in Fountain Valley, Orange County on Sunday. According to police, the car crash was triggered by a dropped cell phone and occurred on the 405 freeway.

Gladis A. Andrade-Zepeda was reportedly driving her Chevrolet Impala at around 4:30am when she dropped her cellular phone. As she tried to find it, she swerved her vehicle and it struck the center divide.

Andrade-Zepeda, 33, and a female passenger reportedly got out of the vehicle and attempted to help the man riding in the back seat to exit the car also. Because her Impala's headlights were broken, the freeway was completely dark. 

A Chevy Malibu carrying two men came up the carpool lane and struck the Impala. Andrade-Zepeda, who police say may have gotten trapped between the two vehicles, was pronounced dead at the crash scene.  The male passenger riding in her car was transported to Long Beach Memorial Hospital while the two men who were in the Malibu were transported to UCI Medical Center in the city of Orange. The woman who was with Andrade-Zepeda was not injured in the California motor vehicle accident.

Distracted Driving

Drivers are supposed to pay attention to the road when operating a vehicle. Unfortunately, one of the leading causes of motor vehicle accidents is distracted driving. 

Examples of activities that can be lead to driver inattention include:

  • Text messaging
  • Talking on cellular phone
  • Applying makeup 
  • Reading a book or newspaper
  • Reaching for a moving object
  • Drowsiness
  • Falling asleep while at the wheel

In 2006, National Highway Traffic Safety Administration and Virginia Tech Transportation Institute said that almost 80% of all motor vehicle collisions and 65% of near auto accidents happen because of driver inattention. 

Cell phone use while driving, whether talking on the phone or text messaging, is considered a leading form of distracted driving. In California, use of a handheld cell phone while operating an auto is no longer allowed and there is also a ban on text messaging while driving. 

Distracted driving can lead to serious injuries and deaths on the road and can be grounds for a California personal injury case or a wrongful death lawsuit.

Dropped cell phone leads to fatal crash on freeway, Orange County Register, February 15, 2009

Breakthrough Research on Real-World Driver Behavior Release, NHTSA

Related Web Resources:

Cell Phone Driving Laws, Governors Highway Safety Association

Distracted Driving, National Safety Council



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Posted In: Car Accidents , Motor Vehicle Accidents

Catalina Island Plane Crash that Left Three People Dead Rose 800 Feet Before Dropping, says NTSB

February 13, 2009, Posted by Howard Law, PC.
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The National Transportation Safety Board has issued its preliminary report about the deadly single-engine plane crash that occurred on Santa Catalina Island in Orange County, California last week. The fatal aviation killed everyone onboard. The victims are pilot Mark Hogland, who is from Dana Point and owned the SkyBlue USA air-touring company, and passengers Marshall Goldberg and Amy Marie Judd. Orange County officials say the two passengers had hired the air-touring company to take them to Catalina and the deadly aviation accident happened upon their return to the John Wayne Airport.


According to data recorder information, the small plane left Catalina's Airport in the Sky and had risen to about 800 feet when it suddenly fell over 200 feet before crashing in a mountainous area and catching fire. No one reported the aircraft accident, which occurred around 4:30 in the afternoon until Hogland's fiancé contacted authorities at around 10:30pm to report that his plane was missing. Orange County and Los Angeles officials and the Coast Guard searched the waters around Catalina overnight by air and sea. The plane wreckage was found the next day. 

The Federal Aviation Administration and the NTSB will keep investigating the plane crash to determine what caused it. FAA records indicate that Hogland had his certification as a private pilot but it is unclear whether he had a commercial license, which he would have needed if he wanted to fly for hire. 

Some 20 people have died in 8 plane accidents while either leaving or arriving at Airport in the Sky over the last 10 years. In October 2008, an elderly couple and a friend of theirs died when the plane they were in crashed as it was leaving the island's airport.

Aviation Accidents

Plane crashes usually result in catastrophic injuries and deaths. Common causes of plane crashes include:

• Defective equipment

• Pilot error

• Flight crew mistakes

• Defectively designed aircraft

• FAA violations

• NTSB regulation violations

• Federal Air Traffic Controller negligence

• Faulty maintenance


Report: Plane climbed to 800 feet before crashing on Catalina, OC Register, February 12, 2009


Three killed in Catalina plane crash, Los Angeles Times, February 6, 2009


Family ID's Victims in Catalina Plane Crash, KTLA.com, October 28, 2008 


Related Web Resources:

National Transportation Safety Board


Federal Aviation Administration




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Posted In: Airplane Accident

Huntington Beach Student Files Personal Injury Lawsuit After Cutting Finger While Using Saw in Wood Shop Class

February 12, 2009, Posted by Howard Law, PC.
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In Orange County, California, the family of Samuel Camm, a middle school student, is suing the Huntington Beach Unified School District for California personal injury. Camm, who attends Isaac Sowers Middle School, cut his finger with a band saw in January 2008 while attending wood shop class. 

His family's personal injury lawsuit is accusing teacher Charles Kelly of negligence for allowing the boy to use a defective and dangerous piece of machinery. Their claim that was filed prior to the lawsuit sought over $500,000 in damages for Camm's resulting emotional distress and physical disfigurement. 

Michael Curran, the assistant superintendent for the school district, has said that the machinery used in class was not defective and the incident was "just an accident." 

In an unrelated incident, high school student Patricia McCormack is suing the Huntington Beach Union High School District for the "grievous injury" she sustained to her left thumb while attending a technical theater class. McCormack was using a table saw when she got hurt.

Premises Liability
Schools are responsible for making sure that there are no hazardous conditions or dangerous or defective equipment on the school grounds or in the classroom that can hurt or kill a student. When failure to exercise this duty of care leads to injury or death, the student's family or the victim, depending on whether or not he or she is a minor, may have grounds to file a California personal injury or wrongful death lawsuit. 

Other reasons why a Southern California school or school district might be held liable for personal injury: 

• Defective playground equipment
• Inadequate security
• Improper supervision
• Poor maintenance



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Posted In: Injuries to Minors , Personal Injury , Premises Liability

88-Year-Old Garden Grove Pedestrian in a Wheelchair Dies in Orange County Traffic Accident

February 11, 2009, Posted by Howard Law, PC.
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In Orange County, an 88-year-old Garden Grove woman died after she was struck by a motor vehicle as she crossed the street early Monday morning. Kum Lim was operating a Rascal mobility wheelchair on Lampson Avenue when her chair was hit by a passing motorist. She sustained catastrophic injuries and was pronounced dead at UCI Medical Center in Orange.

Investigators are trying to determine the cause of the fatal California pedestrian accident. The driver of the vehicle that struck Lim has not received a traffic citation. 

Pedestrian Accidents
Orange County pedestrians are at risk of sustaining catastrophic injuries any time they are injured in a Southern California traffic accident. Traumatic brain injuries, spinal cord injuries, broken bones, severed limbs, and physical disfigurements are just some of the serious injuries that can result.

If your loved one was seriously injured or killed in an Orange County pedestrian accident, there may be grounds for filing a personal injury or wrongful death claim against all responsible parties.

The National Highway Traffic Safety Administration offers a number of 2007 Pedestrian Accident Facts:

• 4,654 pedestrians died that year in US traffic accidents.
• That figure averages out to 1 pedestrian fatality every 113 minutes.
• 70,000 pedestrians sustained traffic accident-related injuries.
• That figure averages out to 1 pedestrian injured in a traffic accident every 8 minutes.
• 16% of the pedestrian fatalities were senior pedestrians older than 70.

Pedestrian injuries can be costly and life changing. An experienced Garden Grove personal injury law firm can make sure you receive all the personal injury compensation that you are owed. 

8-year-old woman in wheelchair killed in crash, OC Register, February 9, 2009



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Posted In: Motor Vehicle Accidents , Pedestrian Accidents , Traffic Accidents

4-Year-Old Orange County Girl Dies in Washing Machine Accident

February 9, 2009, Posted by Howard Law, PC.
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The US Consumer Product Safety Commission is investigating the death of Kaylee Ishii, a 4-year-old Orange County girl who died after she scrambled into a washing machine. The machine is a Kenmore 417, and federal investigators want to determine whether the washing machine poses a safety hazard.

Investigators believe the tragic accident happened after the girl's 15-month-old brother accidentally pressed the start button that activated the front-loading machine. The girl, whose family is from Mission Viejo, tumbled around in the machine for a number of minutes. Kaylee was transported to Mission Hospital where doctors treated her injuries for some five hours before she was pronounced dead. 

Now, the CPSC wants to determine whether a new safety standard needs to be applied to front-loader washing machines. The agency already has a safety standard for top-loader machines that halts the agitator when someone opens the lid of the machine. The CPSC says it has received three reports since January 2004 of washing machine deaths involving child victims. The Orange County toddler's death, however, is the first fatality involving a front-loader machine. 

The Kenmore 417 comes with an "easy start" button that is located just 20 inches off the ground. The Orange County Sheriff's Office says that once the machine is turned on it is very hard to open the door. While Kaylee's death has been ruled accidental, the CPSC wants to figure out whether a product recall is necessary.

Products Liability
Product manufacturers are obligated to make sure that their products do not pose a safety risk to users. Or, if there are any inherent hazards involved or dangers that can result, the manufacturer must include the applicable warnings so that users can take steps to protect themselves from injuries. Failure to fulfill these obligations can be grounds for a products liability lawsuit if a person is injured or dies because a product malfunctioned or was defective. 

Wrongful Death
If your son or daughter died in an accident that was caused by another party's negligence, you may be able to hold the responsible person, company, or other entity liable by filing a California wrongful death lawsuit for damages. With a few exceptions, family members usually have two years from the date of death to sue all negligent parties for damages.

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Posted In: Injuries to Minors , Products Liability

Los Angeles Settles 2007 May Day Police Brutality Lawsuits for Nearly $13 Million

February 6, 2009, Posted by Howard Law, PC.
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In California, the Los Angeles Council says it will settle nine police brutality lawsuits related to a May 1, 2007 immigration rally at MacArthur Park for $12.85 million. 42 people sustained injuries as police broke up the crowd by shooting some people with rubber bullets and beanbag rounds while beating others. About 42 people sustained injuries. City officials say the settlement compensates most of the immigration demonstrators and observers who sued for personal injury following the incident, including a class-action lawsuit with some 5,000 plaintiffs.

LAPD officers are accused of using excessive force and mistreating people who were attending the immigration march. Media footage showed LAPD officers pushing people who were walking away from them and striking a TV camera operator. Scenes from that day also show people getting hurt after being shot by rubber bullets.

The altercation attracted worldwide media attention to a police force that has been working hard to prove that it no longer engages in violent police tactics. Following the incident, Los Angeles Police Chief William J. Bratton created the Critical Incident Management Bureau and removed two officers from command positions.

Under the terms of the personal injury settlement, the Los Angeles Police Department is required to give the court an oversight of its crowd control procedures. Moving forward, batons can only be used to push, not hit, protestors. Bean bags and rubber bullets can no longer be used on crowds unless they are behaving violently.

The Los Angeles police brutality settlement was announced just one week after a $20.5 million civil rights settlement was reached between the council and four former and current LAPD police officers. The plaintiffs said they were falsely arrested and maliciously prosecuted during the Rampart police corruption scandal in the 1990's.

Los Angeles to pay $13 million to settle May Day melee lawsuits, Los Angeles Times, February 5, 2009

FBI to Investigate Immigration Rally, Washington Post, May 4, 2007

Related Web Resources:

Los Angeles Police Department

Los Angeles Police Brutality, Human Rights Watch

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Posted In: Police Brutality

City of Huntington Beach Settles California Wrongful Death Lawsuit Over Police Shooting of Teen for $125,000

February 5, 2009, Posted by Howard Law, PC.
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Huntington Beach officials say they have settled a California wrongful death lawsuit filed by the parents of Ashley McDonald for $125,000. MacDonald, an 18-year-old teenager, was shot to death by two city police officers that were trying to apprehend her.

The Huntington Beach cops were reportedly responding to a 911 call about a woman near a park who was holding a 4-inch knife. Macdonald, who was approached by the two police officers, reportedly told them that she was on drugs and to kill her. She then ran towards them. The police officers shot her 15 times.  A probe by the district attorney's office and the Orange County Sheriff's Department found that the police officers did not engage in any wrongdoing when they were forced to quickly decide on whether they should kill someone who could be dangerous.

MacDonald's parents, Lisa Marie Guy and Kenneth MacDonald, however, claim that the two police officers used unreasonable and excessive force when apprehending their daughter. They filed a wrongful death lawsuit asking for $40 million in compensatory and punitive damages for each of them.

According to the plaintiffs' Huntington Beach personal injury lawyers, Macdonald's parents have already suffered enough over losing their daughter and they did not want to have to endure a wrongful death trial.  

Police Brutality

Police officers and all other law enforcement officers are not supposed to engage in excessive force or violence when apprehending, arresting, or interrogating police.

Examples of police brutality:

• Police torture
• Making false arrests
• Physical abuse
• Verbal abuse
• Sexual assault
• Rape
• Racial profiling
• Making violent threats
• Intimidation

If you believe that you sustained serious injuries or someone you love died because a law enforcement officer engaged in police brutality, you may have grounds to file a California personal injury claim or wrongful death lawsuit for damages.

Huntington Beach to Pay Parents $125,000 in wrongful death lawsuit, Los Angeles Times, January 10, 2009

Huntington Beach Settles $40 Million Police Shooting Lawsuit, Justice News Flash, January 13, 2009

RELATED WEB RESOURCES:

Huntington Beach Police Department

Wrongful Death, Justia    

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Posted In: Wrongful Death

In Orange, California, Boy Who Sustained Traumatic Brain Injury During Fall Accident from Disneyland Ride Eight Years Ago Has Died

February 4, 2009, Posted by Howard Law, PC.
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Eight years after falling under one of the cars belonging to the Roger Rabbit Car Toon Spin ride, 13-year-old Brandon Zucker has died in Orange, California. The teenager sustained catastrophic injuries during the amusement park accident, and he continued to receive ongoing care and medical support for those injuries until his death on January 25. 

The Disney amusement park accident happened in September 2000 in Anaheim when Brandon fell out of one of the ride's "taxicab" and got trapped beneath another car, which rolled over him. He suffered traumatic brain injuries and was never able to walk or talk again. His family would later settle their California personal injury lawsuit with Disney for an undisclosed amount. The injured boy would spend the rest of his life going in and out of hospitals until his death at Children's Hospital.

Investigators from California's Division of Occupational Safety and Health found that Disney workers failed to make sure that Brandon was properly seated and securely fastened to the Roger Rabbit ride. Following the accident, the state of California mandated that major safety changes be made to the Disney attraction.

To date, there have been 11 fatalities involving people who were injured because of a Disney ride.

Amusement Park Ride Accidents

Over the years, millions of people have traveled to Southern California from around the world and the rest of the United States to visit one of the many amusement and theme parks in the area for their entertainment and thrill seeking pleasure. Disneyland Resort, Six Flags Magic Mountain, Knott's Berry Farm, Legoland, and Universal Studies are just some of the venues that have become popular destinations for kids, friends, and families that wish to ride a rollercoaster, sit on a ferris wheel, or go for a spin in a revolving tea cup.

To ensure a safe and enjoyable visit for everyone, amusement park operators are supposed to make sure that their rides are working properly, all safety precautions are implemented, and employees are properly trained to operate the attractions. When negligence, employee error, or carelessness leads to an amusement park ride accident, the amusement park company and other liable parties, such as the manufacturer of a defective amusement park attraction, can be held liable for personal injury or wrongful death.

Brandon Zucker dies at 13; injury at Disneyland brought focus to amusement park safety, Los Angeles Times, January 27, 2009 

Boy Dies After Disneyland Ride Accident, Fox News, January 27, 2009 


Related Web Resources:

Disneyland Resort

Accident Watch, Theme Park Inside


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Posted In: Amusement Park Accidents , Injuries to Minors , Personal Injury , Traumatic Brain Injuries

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