May 2009 Archives

California Wrongful Death Lawsuit Filed Over Woman Fatally Injured in Wheelchair Accident at Del Taco Restaurant

May 29, 2009, Posted by Howard Law, PC.
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The family of a woman who died in a wheelchair accident has filed a California wrongful death lawsuit against MDM Construction, Five K, and the City of Simi Valley. Winnie Young suffered traumatic brain injuries and a heart attack after she fell off her wheelchair at a Del Taco restaurant on March 12, 2008.

According to the family's California wrongful death complaint, Young's son was pushing her wheelchair when she fell from the chair because of a hazardous drop off and the absence of safety rails on the ramp that connects the restaurant to the parking lot. The rails weren't added until after Young's wheelchair ramp accident.

The lawsuit contends that Young's injuries caused her to fall into a coma for over a week. Her family says that the reason she died this year was that she never fully recovered from her  wheelchair accident injuries. Their California premises liability complaint accuse the restaurant of failing to comply with safety codes when building the ramp and that this made it hard for Young's son to safely push his mother's wheelchair while on the ramp. The family is suing the City of Simi Valley because it approved the defective ramp design and let the restaurant open even with the safety violations. 

Premises Liability 
In California, personal injury victims and the loved ones of those that died because a property owner or manager breached his or her duty by allowing a dangerous or hazardous condition to exist on a premise may be entitled to Orange County, California premises liability compensation or wrongful death recovery.

Common causes of premises liability cases include: 

Defective conditions: When a defect that exists on the property, or on a product, machine, or other item on the premise, causes injury or death and the property owner failed to warn of the defect or hazard and should have repaired the defect but did not do so.

Slip and Fall: When a flaw in the floor, stairs, or a ramp on the property, or a liquid substance or another object that has been left on the premise, results in a slip/trip and fall accident.

Inadequate Maintenance: When failure to make repairs or properly maintain a premise results in injury or death.

Inadequate Security: A visitor, patron, or tenant on the premise becomes the victim of a crime due to inadequate security measures.

Falling Merchandise: Items that are unsafely stacked on shelves, such as in groceries and department stores, can be a premises liability hazard if they fall on a patron.




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Posted In: Premises Liability , Traumatic Brain Injuries , Wrongful Death

Huntington Beach, California Accident: 5 Preschoolers Injured When Car Drives Into Classroom

May 28, 2009, Posted by Howard Law, PC.
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In Huntington Beach, 5 kids between the ages of 2 and 5 were injured early this morning when a car drove into a Childtime Learning Center classroom. All five preschoolers were taken to local hospitals--two with serious injuries and three with minor ones. According to police, one of the children, age 2, became pinned against the wall and got stuck under the red BMW sedan.

The driver of the vehicle that crashed into the classroom wall is Huntington Beach resident Andreea Moyes. She was dropping off her child at the preschool. There is no evidence to indicate that she was driving under the influence of alcohol or was speeding. 

Huntington Beach police are examining the car to determine whether there were any mechanical defects that prevented Moyes from stopping her car as she drove into the parking lot. The classroom wall that she drove her car through is made of drywall, stucco, and 2-by-4's. A fire official noted that not too much speed would be required for a motor vehicle to break through the material. 

This is not the first Orange County, California motor vehicle accident involving a car driving into a school area. In July 2008, a dad drove into a preschool classroom at KinderCare in Irvine as he was picking up his child. Fortunately, no one was injured.

In 1999, a Santa Ana man stepped on the accelerator and drove at a speed of 40 mph through the playground at Southcoast Early Childhood Learning Center in Costa Mesa.  Four children and a teacher's aide were injured. Two other children died in the deadly Orange County, California accident. Abrams was convicted of murder and is serving a life sentence without parole.

If your son or daughter was injured in an Orange County, California car accident, whether as a vehicle occupant, pedestrian, or an innocent bystander in a school yard or inside a building, you may have grounds for filing a California personal injury lawsuit seeking compensation for injuries to minors or children.




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

Anaheim Personal Injury Lawyers: Disney Settles California Amusement Park Lawsuit with Woman Critically Injured in Tram Accident

May 27, 2009, Posted by Howard Law, PC.
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Walt Disney Co. has settled a California amusement park accident lawsuit with a woman who sustained serious head injuries during a fall accident from a moving tram at Disneyland in Anaheim. Terms of the personal injury settlement have not been released.

The tragic Orange County, California amusement park accident happened in February 2007 while Qi Zhao was in the tram with her two sisters and a niece. They were riding the tram to their car in the parking lot.

According to the 48-year-old woman's California personal injury lawsuit, one of the sisters, who was asleep, fell off the tram as it entered a turnaround, which caused Zhao and the other sister to fall out of the vehicle. One of Zhao's sisters sustained minor injuries.  

Zhao, whose head struck the pavement, sustained a fractured skull and serious head trauma. She was in a coma for a few weeks and now requires 24-hour medical care. She is getting that medical care in Beijing, China. Her amusement park complaint contends that the tram was going too fast.  

Disney's lawyers disagree with Zhao's claim that the tram was moving at an unsafe speed. They say that the amusement park's trams cannot travel beyond 11 mph and that when the tram was making a turn, it was only traveling at 5 to 7 mph. They say that the tragic accident occurred because Zhao and her sisters failed to heed Disneyland's safety warnings. 

Zhao's sisters have already settled their California personal injury claims with Disney. 

Amusement Park Accident Facts

• According to RideAccidents.com, over 270 million people visit US amusement parks annually.
• About 7,000 of these visitors will have to visit an emergency room for treatment of their amusement park injuries.

In May 2009 alone, there were  at least three US amusement park-related injuries, including:

• A 7-year-old boy who sustained serious burn injuries when his go-kart turned over and caught fire.
• A 14-year-old boy died in a drowning accident at a Wet 'N'Wild water park.
• An 8-year-old fell from a mechanical swing ride at a carnival. The child sustained minor injuries. 

You may be entitled to California personal injury compensation for injuries you sustained while riding an amusement park ride or on the park premise. 





Related Web Resources:


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Posted In: Amusement Park Accidents , Motor Vehicle Accidents , Personal Injury , Traumatic Brain Injuries

Mike Tyson's 4-Year-Old Daughter is Critically Injured in Choking Accident on Treadmill

May 26, 2009, Posted by Howard Law, PC.
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Former heavyweight great Mike Tyson rushed to his four-year-old daughter's side after she was critically injured while riding a treadmill. Exodus Tyson, 4, is on life support. 

The treadmill accident happened on Monday in Tyson's home. The boxer's 7-year-old son found Exodus next to the exercise machine. According to police, a cord hanging beneath the treadmill's console was around her neck. They think that she either put her head in the loop or that she slipped and the cord ended up on her, acting like a noose. 

Treadmill Accidents
While treadmills are commonly used in home gyms and at workout centers and may seem harmless enough to adults that walk or run on the machine to burn calories, these fitness machines can pose a danger to kids. According to doctors at The Children's Hospital of Philadelphia, at least 12 children whose hands have gotten entangled in the machines sustained serious abrasions. 6 of these child victims had to undergo surgery to avoid permanent damage to their fingers. The majority of the treadmill accidents that the doctors studied took place close to the back of the machine where the belt wraps under the exercise machine.

Adults have also been known to sustain personal injuries from a treadmill. One woman filed a personal injury lawsuit when the treadmill she was riding went faster instead of slowing down and stopping. Josephina Quarta ended up on her back and her right foot became severed after her leg got caught in the machine. She also sustained permanent injuries on her body and to her nervous system. Quarta sued multiple parties for personal injury, including the recreation center where she was injured, the treadmill manufacturer, and the company in charge of servicing the treadmill.

In 2004, a man was awarded $9 million for his treadmill lawsuit. Christopher Berrier sustained serious spinal injuries when he was thrown from a treadmill while exercising at a health club. The personal injury lawsuit defendants included the gym and the treadmill maker.

If you or someone you love was seriously injured because a product was improperly designed or malfunctioned or the manufacturer failed to warn of a potential hazard, an Orange County, California products liability law firm can help you explore your legal options. 


Man gets $9M in treadmill lawsuit, NWI Times, April 27, 2004


Related Web Resources:

Treadmill: Overview, Injury Board




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Posted In: Injuries to Minors , Products Liability , Traumatic Brain Injuries

Preventing Orange County, California Motor Vehicle Accidents this Memorial Day Weekend with DUI Checkpoints, "Click It or Ticket" Campaign, and Travel Safety Tips

May 22, 2009, Posted by Howard Law, PC.
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Travel experts are expecting a 2.3% drop in Memorial Day travel among Southern Californians this holiday weekend--a decline that in part can be attributed to the tough economic climate. With more people expected to mark the long weekend by staying local, police in Orange County, California are preparing to implement extra safety precautions to keep Southern California traffic accidents down. DUI checkpoints will be set up in various cities, including Costa Mesa, Lake Forest, La Habra, and Newport Beach. 

If you are planning on going anywhere this long weekend, however, there are a number of safety tips you can follow to decrease the chances that you'll be involved in a motor vehicle accident and ruin your holiday plans--which which would end up being the least of your worries if someone ends up getting seriously hurt.

Memorial Day Travel Safety Tips:

• Make sure your car is in proper working condition before you take off.
• Don't speed.
• Don't drive drunk.
• Don't let holiday traffic aggravate you. The more stressed out you are, the harder it is for you to think rationally while on the road.
• Stay out of large trucks' blind spots.
• Obey the traffic rules.
• Wear your safety belts.
• Give yourself extra time to get wherever you need to go so that you don't end up speeding to arrive at your destination on time.
• Don't text and drive or talk on the phone and drive.

Memorial Day Weekend falls in the middle of the nationwide "Click It or Ticket Campaign." Expect to get a ticket if a member of the California Highway Patrol or police in Anaheim, Irvine, Newport Beach, Costa Mesa, or another Orange County, California spots you not wearing your seat belt. The National Highway Traffic Safety Administration says that if 90% of people in each state used their seat belts, 22,372 serious injuries and 1,652 traffic deaths would be prevented each year. 

Too many people are seriously injured or killed in Orange County, California traffic accidents each year. 



Related Web Resources:

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Posted In: Bus Accidents , Car Accidents , Motor Vehicle Accidents , Motorcycle Accidents , Pedestrian Accidents , Traffic Accidents , Truck Accidents

1 Anaheim Pedestrian is Dead and 2 Santa Ana Pedestrians Are Injured in Separate Orange County, California Traffic Accidents

May 21, 2009, Posted by Howard Law, PC.
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In less than 36 hours, two Orange County, California pedestrian accidents have resulted in injuries and one death. The first pedestrian accident occurred in Anaheim yesterday when Brigida De Garcia, 65, was crossing Katella close to the corner of Jean Street right before 5:30am. Garcia was headed to a bus stop when she was struck by a Silver Acura. She died from her injuries. 

The driver that struck De Garcia during the Anaheim pedestrian accident remained at the crash site. The California Highway Patrol says that the motorist does not appear to have been speeding and De Garcia appeared to have crossed the street at an appropriate spot. There is no marked crosswalk at the Jean and Katella intersection.

In another Orange County, California pedestrian accident, this one occurring this morning in Santa Ana, a grandmother who was in the crosswalk at Vanderlip and Holt Avenues with her two grandchildren, a 6-year-old boy and an 8-year-old girl, was hit by a car. The Nissan Sentra that hit her may have been speeding and could have stepped on the breaks too late to avoid hitting the woman, who placed herself in front of her grandkids to protect them from the impact of colliding with the car. 

The woman  struck the hood of the car before landing on the ground. She was transported to Western Medical Center for treatment of scrapes, bruises, and a possible broken limb from the Santa Ana pedestrian accident. Her granddaughter was also struck by the car. Fortunately, police say she was not seriously hurt.

Steps that Motorists Can Take to Avoid Hitting Pedestrians:
• Any time you are approaching a crosswalk, slow down and be ready to stop.
• Allow pedestrians the right of way even if they are in an unmarked crosswalk. 
• Make sure that you also for allow enough room when you stop so that other drivers can see the pedestrian.
• Be on the lookout for pedestrians in school areas, neighborhoods, near a shopping mall, or any other place where there might be people walking around.
• Keep an eye out for pedestrians at night and when the weather conditions are poor.
• Remember that a pedestrian may decide to cross the street in places where you least expect, so it is always a good idea to pay attention when driving.
•  Don't engage in any distracted driving behavior, such as texting, talking on a cell phone, reading a book, or polishing your nails.

Remember that elderly people, young kids, and adults with young children may not be able to get out of the way of an oncoming vehicle as quickly as adults that are walking by themselves.  

If you or your child was seriously injured in a pedestrian accident, you may be entitled to California personal injury compensation.





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Posted In: Car Accidents , Injuries to Minors , Motor Vehicle Accidents , Pedestrian Accidents , Traffic Accidents

Orange County, California Medical Malpractice Lawyers: UC Irvine Medical Center and St. Judge Medical Center are Fined for Patient Safety Violations

May 20, 2009, Posted by Howard Law, PC.
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California health regulators have fined UC Irvine Medical Center and St. Jude Medical Center, two Orange County, California hospitals for patient safety violations.11 other California hospitals were fined for violations committed in 2007 and 2008. 

UC Irvine Medical Center was fined two times for a total amount of $50,000. One fine was issued because the hospital neglected to respond quickly enough after a female patient reported that a male nursing assistant was touching her genitals in an inappropriate manner. After the patient complained about the alleged sex abuse incident, the worker continued to work at the hospital for another three days before being sent on leave.

Investigators that questioned hospital staff members as to why the nursing assistant was not placed on leave sooner replied that this was the first complaint filed against him and he was considered a good worker. According to a state investigative report, the detective on the case considered the sexual abuse accusation a credible one. The employee no longer works for UCI. Per the hospital's plan of correction, any employee accused of abuse will now be placed on leave as soon as possible. 

UCI received a second fine because the hospital neglected to follow proper procedures to prevent fall accidents from happening. According to an investigative report from last June, a patient's brain bled after he got up from bed without assistance and he fell. He died after he was taken off life support. The Irvine hospital says it is taking steps to make sure such safety violations don't happen again.

Meantime, St. Jude Medical Center, located in Fullerton, was fined $25,000 after a surgical team left a plastic drape inside a patient's body during a hysterectomy. Workers failed to include the drape when counting surgical equipment. A second surgery had to be performed on the patient to remove the drape. 

In addition to having to pay fines for patient safety violations, hospitals can be held accountable by injured patients that decide to file Orange County, California medical malpractice lawsuits.

Common hospital malpractice incidents that can lead to a California personal injury lawsuit include:

• Leaving a foreign object inside a patient
• Surgical malpractice
• Wrong diagnosis
• Failure to monitor a patient's condition
• Failure to treat a patient
• Failure to order the proper tests
• Failure to send patients to the proper specialists
• Anesthesia errors
• Medication mistakes

According to a 2007 study conducted by HealthGrades, an independent health care ratings firm, almost 3% of US hospital patients are at risk of becoming the victim of a hospital mistake. The study, which examined over 40 million Medicare hospital records from 2003 to 2005, found that there were 1.16 million patient safety violations that occurred during this time period that could have been prevented. 247,662 patients died from these incidents.



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Posted In: Medical Malpractice

Why Orange County, California Traffic Accidents Happen

May 18, 2009, Posted by Howard Law, PC.
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The California Office of Traffic Safety says that failure to yield and speed were the two leading causes of Orange County, California traffic accidents in 2008 when:

1) 3,171 motor vehicle accidents and 35 deaths occurred as a result of motorists driving at unsafe speeds.
2) 1,609 auto crashes and 7 fatalities occurred because of failure to yield the right-of-way.
3) Improper turning was a factor in 26 fatalities and 1,023 traffic accidents.
4) Failure to obey traffic signs, lights, and signals led to 10 deaths and 975 auto crashes.
5) DUI while in a motor vehicle or on a bicycle contributed to 36 deaths and 910 collisions.

These Orange County, California motor vehicle accidents and fatalities represent just 78% of the 9,850 auto accidents that occurred in the county in 2008. Other causes of motor vehicle crashes in the county last year included following too closely, falling asleep while driving, and driving on the wrong side of the road. 

The number of deadly traffic accidents on Orange County, California highways also dropped last year--reflecting similar declines seen throughout the state and the nation. The California Highway Patrol says 59 motor vehicle deaths occurred in 51 Orange County, California freeway crashes in 2008, compared to the 59 fatalities in 58 highway crashes that happened in 2007. 

Throughout California, the latest state statistics show a 23% drop in highway deaths for 2008--from 1,749 California highway fatalities in 1,529 collisions in 2007 to 1,349 deaths in 1,219 fatal crashes in 2008. 

Meantime, Orange County, California traffic accidents on surface roads claimed 79 lives in 2008, compared to 128 fatalities in 2007. 15 of last year's fatalities occurred in Santa Ana, 6 deaths took place in Anaheim, Costa Mesa had 2 traffic deaths on surfacer roads, Huntington Beach reported 3 deaths, and 2 fatalities occurred in Westminster. 

While most of the larger Orange County, California cities experienced a decline in surface street deaths, San Clemente and Newport Beach saw a jump in these fatalities from 2 deaths in 2007 to 6 fatalities in 2008. Lake Forest had 5 traffic deaths on its surface roads in 2008 compared to just 1 fatality in 2007.

Orange County, California traffic accidents continue to cause injuries and deaths to far too many people. There is no excuse for negligent or reckless driving, and if you or someone you love was seriously injured because another motorist was speeding, driving drunk, fell asleep behind the steering wheel, failed to obey the traffic laws, or made another careless mistake, there are California personal injury remedies available to you.






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Posted In: Bus Accidents , Car Accidents , Injuries to Minors , Motor Vehicle Accidents , Motorcycle Accidents , Traffic Accidents , Truck Accidents

Orange County, California Pedestrian Accident Lawyers: Two UC Irvine Fraternities Are Suspended Following News that Student Killed While Crossing I-405 Had Been Drinking

May 16, 2009, Posted by Howard Law, PC.
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Officials at UC Irvine say they've suspended Sigma Pi and Alpha Epsilon Pi following the Orange County, California pedestrian accident death of 18-year-old Raphael Nunez on May 7. Friends say the college student had been drinking before the deadly Costa Mesa traffic accident on I-405. Until an investigation into his death is complete, the two fraternities will be barred from holding any events. Nunez was a member of Sigma Pi.

Police are trying to determine why the teenager was walking across I-405 that night. Friends who were with him earlier that night aren't even sure how he got to that area of the freeway, near Bristol street in Costa Mea.

Nunez and others had taken an Alpha Epsilon Pi-chartered bus and were reportedly drinking alcohol from a water bottle while they road to the Shark Club, a Costa Mesa nightclub that on Thursday night entertains patrons ages 18 and over. 

He died on May 7 after two cars in the northbound lanes hit him. One of the drivers that hit Nunez, a 22-year-old Santa Ana motorist, says he unsuccessfully tried to swerve his vehicle so he wouldn't hit Nunez, who was running across the freeway. Nunez was then hit by another motor vehicle. 

UC Irvine officials are investigating why there was alcohol on the bus. 

California Wrongful Death
If someone you loved died in a tragic accident that you believe would not have occurred if another party hadn't acted negligently, carelessly, or recklessly, you may have grounds for filing an Orange County, California wrongful death lawsuit. A wrongful death complaint allows you to obtain compensation for the pain and suffering and losses you have experienced because your loved one has been lost. Barring certain exceptions, you have two years to file your California wrongful death suit. 

Depending on the circumstances surrounding your immediate family member's death, you may be able to seek California wrongful death damages  for loss of future wages, loss of benefits, general damages, medical costs, loss of support, loss of companionship, funeral expenses, loss of inheritance, punitive damages, mental pain, and emotional pain and suffering.




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

Deadly Huntington Beach Bicycle Accident Revisited: Families of Teen Victim and Defendant to Plead Over Plea Agreement

May 15, 2009, Posted by Howard Law, PC.
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Nearly 21-months after 14-year-old Huntington Beach bicyclist Danny Oates died in a fatal Orange County, California bicycle accident, his parents and the parents of the man accused of hitting him with his truck will appear in court to make their cases over the defendant's plea agreement.

While Oates' parents will try to persuade the judge that truck driver Jeffrey Woods should receive the harshest sentence legally possible, his family members will plead for a lighter sentence. Woods is accused of driving under the influence of Xanax and Vicodin and text messaging as he drove his truck into Oates on August 29, 2007 at the northeast corner of Everglades Lane and Indianapolis Avenue. 

Huntington Beach police say that Woods, then 20, swerved the Ford truck he was driving across traffic lanes and into oncoming traffic before he hit the boy. His vehicle then continued to travel some 25 feet before driving over the curb, hitting a tree, and crashing into a residence's cinderblock wall. 

At the time of the deadly Huntington Beach traffic crash, Oates was going to Isaac L. Sowers Middle School to find his locker and pick up his 8th grade class schedule. After his bicycle was hit by the truck, Oates was thrown about 100 feet. He died soon after.

Woods has been charged with suspicion of felony vehicular manslaughter, felony driving under the influence causing bodily injury, and gross negligence while intoxicated. His criminal trial begins on June 26. Woods's family, however, maintains that he is not guilty of the criminal charges. His criminal defense attorney says that Woods was having  a seizure when he hit Oates. 

A few months after the teenager's death, the city of Huntington Beach announced that they would install lighted crosswalks and speed indicator signs close to Indianapolis Street. Oates's death sparked an outcry of concern about kids' safety when commuting to any of the six schools in the area. In March 2008, Oates' parents filed a Huntington Beach wrongful death claim against the city requesting that drivers be given better warnings that there are students traveling to and from school. Their claim also requested crossing guards. 

Police records indicate that 78 Huntington Beach pedestrian accidents occurred in 2006 and 2007. 

Young Pedestrians
According to the National Highway Traffic Safety Administration, there were 306 pedestrians, ages 14 and under, who died in 2007.181 of those victims were boys. 14,000 of the approximately 70,000 pedestrians that survived their traffic accidents sustained injuries. 8,000 of those young pedestrians were males. 

Walking or biking to school can sometimes prove dangerous for students that end up getting hurt or dying in pedestrian accidents. If your son or daughter was injured or killed while traveling to or from school because a motorist was driving recklessly or because the city failed to implement the proper safety measures to ensure that your child could commute safely, you may have grounds for filing an Orange County, California personal injury involving injuries to minors claim or a Huntington Beach wrongful death lawsuit.



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Posted In: Bicycle Accidents , Injuries to Minors , Motor Vehicle Accidents , Pedestrian Accidents , Traffic Accidents , Wrongful Death

Los Angeles Wrongful Death Lawsuit Sues Sheriff's Department for High School Football Star's Murder

May 13, 2009, Posted by Howard Law, PC.
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In Southern California, the family of Jamiel Shaw II, the 17-year-old high school football player who was shot to death in March 2008, is suing the Los Angeles County Sheriff's Department for wrongful death, violation of the US Immigration and Nationality Act, and civil rights violations. Their California civil lawsuit accuses the department of negligence for setting free Shaw's suspected killer even though he was an illegal immigrant.

Prosecutors say Pedro Espinoza is the man who shot Shaw, who had been recruited by Rutgers and Stanford universities. The incident occurred on March 2, 2008. Shaw was reportedly talking on his cell phone and was just three doors away from his home when two Latino men approached him and asked him if he belonged to a gang. When Shaw failed to respond he was shot in the head.

Espinoza belonged to the 18th Street gang and is an illegal alien and a convicted felon. The 19-year-old has a known reputation for engaging in gang violence targeting African Americans. He was released from jail after serving time for a previous offense just one day before Shaw was shot.

After Shaw was murdered, the initiative called Jamiel's Law was introduced. If it had passed, police would have been allowed to arrest gang members because of their illegal alien status. The petition, however, did not garner enough signatures to be placed on the May ballot.

Shaw's family says that his death could have been prevented if only police had enforced the U.S. Immigration and Nationality Act, which allows local police to enforce immigration law. LA Sheriff's spokesperson Steve Whitmore, however, says that the department was only looking at inmates with criminal records or inmates who told police they were born abroad at the time that Espinoza was set free. Whitmore says Espinoza's illegal alien status went unnoticed because he only had a juvenile criminal record and told them he was born in the US.

Last October, in part due to Shaw's murder, the LA Sheriff's Department started screening all gang members to determine their immigration status. Meantime, Espinoza is behind bars while waiting for his criminal trial for Shaw's murder.

California Wrongful Death Lawsuits
If your loved one was killed in an accident or during a violent crime, there may be parties that can be held liable if you file an Orange County, California wrongful death against them.

Slain football star's family sues Sheriff's Department, Los Angeles Times, May 12, 2009

Star L.A. athlete couldn't outrun gangs, Los Angeles Times, March 4, 2008


<strong>Related Web Resources:</strong>
Los Angeles County Sheriff's Department

U.S. Immigration and Nationality Act

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Posted In: Wrongful Death

Plaintiff Files Orange County, California Police Brutality Lawsuit Suing Newport Beach Police for $15 Million

May 11, 2009, Posted by Howard Law, PC.
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A woman who says that Newport Beach police assaulted her rather than helped her when they were called in to investigate allegations that she had been raped is suing the city and its police department for $15 million. Her Orange County, California police brutality lawsuit says that local officers grabbed her, struck her legs, and knocked her off her porch, causing her serious facial, arm, and leg injuries. 

Among the damages that Suzanne Abrams, now 34, is seeking are $3 million in future income, $1 million in medical costs and lost wages, and $2 million in future medical bills resulting from her injuries from the alleged Newport Beach police brutality incident. She says that the police attack caused her to experience serious mental trauma and pain and develop post-traumatic stress disorder. As a result of her personal injuries, Abrams says she had to check into a psychiatric hospital.

Her Newport Beach police brutality lawsuit states that early on the morning of April 4, 2007, she returned to her home after a date. Police then arrived after receiving a call that Abrams was screaming that she had been raped. Her complaint contends that she became frightened when she saw police and asked them to go. She claims that police assaulted her, neglected to properly evaluate her, and did not do anything to find out whether she'd been raped. They then arrested her and took her to jail, charging her with battery on a police officer and resisting arrest. The charges against her were later dropped. 

Abrams's civil complaint reports that she went with her dad to Hoag Memorial Hospital Presbyterian after he bailed her out of jail and tests she took there indicate that she had ingested a date rape drug. However, lawyers for the City of Newport Beach say that Abrams refused to submit to a rape test. They also dispute Abrams's claim and say that audiotapes of the incident reveal that the Newport Beach police officers were very professional and calm in the way they handled the plaintiff. They contend that it was Abrams who was hostile toward police. The Orange County District Attorney's spokesperson, Farrah Emami, says that the charges against Abrams were warranted but were dropped out of sympathy to her. 

California Police Brutality
Any kind of excessive use of force by police is wrong and can be grounds for a California police brutality claim or lawsuit. Some examples of police brutality:

• Assaulting a suspect, a defendant, or a regular civilian
• Verbal intimidation
• Certain situations where Taser use is unnecessary or excessive
• False arrest
• Sexual abuse
• Surveillance abuse
• Verbal abuse
• Racial profiling

Police brutality violates the victim's civil rights and is an abuse of power.

Woman: Police Beat Me, Daily Pilot, May 10, 2009



Related Web Resources:
Shielded from Justice, Human Rights Watch


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Posted In: Police Brutality

Upland Teen Driver in Costa Mesa Car Accident that Injured Female Passenger May Have Been Driving Drunk

May 7, 2009, Posted by Howard Law, PC.
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In Orange County, California, an 18-year-old Upland driver could be charged with driving under the influence following a Costa Mesa car accident on Wednesday night. According to witnesses, Dominick Anthony McCoy was driving his Porsche at a fast speed when he crashed the vehicle close to a freeway on-ramp, striking an electrical box and driving through a freeway sign before coming to a stop some 20 feet later.

Costa Mesa police that arrived at the crash scene found McCoy with a deep gash on his scalp. They arrested him on suspicion of DUI before releasing him to medical workers.  Dorothy Dunlap, the 38-year-old Newport Beach resident that was in the Porsche with McCoy, sustained multiple abrasions. 

If you were injured in a Costa Mesa car crash because another motorist was driving under the influence of alcohol or drugs, you may be able to receive Orange County, California personal injury compensation for your injuries.

2007 NHTSA Drunk Driving Facts
• The 12,998 drunk driving fatalities that occurred in 2007 made up 32% of all motor vehicle deaths.
• 8.644 of the drunk driving fatality victims were drivers that had a BAC of .08% or more.
• The rest of the people who died in 2007 drunk driving accidents were passenger occupants (3,581 deaths) and nonoccupants (773 fatalities). 
• This breaks to down to an average of 1 drunk driving death every 40 minutes.
• 245 of the drunk driving fatalities were kids 14 years of age or younger.
• Drunk drivers have a 4 times greater fatal crash rate at night than in the daytime.

Consumption of alcohol impairs a person's ability to make decisions as well as affects their motor and mental functions. Driving drunk slows down a person's reflexes, including his or her ability to keep track of moving objects and execute effective eye-to-hand coordination. Drunk drivers need more time to understand street signs and respond to traffic signals. A person who is driving under the influence may not realize that he or she is speeding and may not be able to stop in time when necessary. Drunk driving is negligent driving.





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

Celebrity Ed McMahon Reaches Southern California Medical Malpractice Settlement Over Wrong Diagnosis and Surgical Mistakes

May 4, 2009, Posted by Howard Law, PC.
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Television announcer Ed McMahon has reached a confidential California medical malpractice settlement with Cedars-Sinai Medical Center in Los Angeles. The 86-year-old celebrity had sued the hospital for wrong diagnosis and surgical malpractice.

In his Southern California medical malpractice lawsuit, McMahon accused the hospital of failing to diagnose his neck injury and not taking an X-ray. He also claims the hospital committed surgical malpractice during two spinal operations and that the ensuing pain and discomfort made it impossible for him to work. As a result, he says that he lost income and was unable to pay his mortgage. McMahon also contends that he was the victim of negligence, elder abuse, battery, and intentional infliction of emotional trauma.  

Surgical Malpractice
Unfortunately, surgical mistakes do occur. This can cause injury or make a surgical patient's condition worse. It may also result in the need for additional surgeries and other costly medical procedures to fix the medical mistake. 

Examples of surgical errors:
• Operating on the wrong body part
• Removing the wrong limb 
• Operating on the wrong breast
• Anesthesia errors
• Leaving a surgical instrument or tool in the patient's body
• Negligent postoperative care 
• Accidental organ perforation
• Making the wrong incision
• Delayed surgery

Delayed Diagnosis
A delayed medical diagnosis can cause a person's condition to grow worse. Depending on the health issue, a delayed diagnosis can lead to a more grave prognosis, the need for more invasive procedures or intense treatments that could have been avoided if the diagnosis had been made sooner, and even death. 

McMahon hurt himself when he fell in 2007 in a home owned by investor Robert Day and his wife. He has sued the couple for personal injury. His premises liability lawsuit accuses the couple of having a ramp-like staircase on their property that didn't have handrails and was poorly lit. 





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Posted In: Medical Malpractice , Personal Injury , Premises Liability

$16.3 Million Southern California Wrongful Death Verdict Awarded to Parents of 4-Year-Old that Drowned at Athletic Club

May 3, 2009, Posted by Howard Law, PC.
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A jury has awarded the parents of Yoni Gottesman $16.3 million for his Southern California wrongful death. $14 million is for compensatory damages and $2.3 million is for punitive damages. The 4-year-old drowned in 2005 in a pool at the Cathedral Oaks Athletic Club in Santa Barbara. 

Anat and Oded Gottesman sued the club, club owner Cal-West, and 10 other defendants  for the young boy's California wrongful death, which took place on the first day of a children's camp. One day before the trial was set to start, 10 of the defendants admitted negligence. The Gottesmans' wrongful death lawyers also proved that Cathedral Oaks was additionally negligent for failing to possess the proper license to run a children's camp.

During the California wrongful death trial, a witness for the plaintiffs testified that the boy could have been saved even eight minute after he drowned if counselors at the club hadn't  improperly administered CPR to him. Meantime, a defense witness provided opposing testimony claiming that Yoni would have already been brain dead by the time counselors attempted to revive him.

However, surveillance footage shows camp counselors throwing and dunking Yoni into the water. There is also footage of the boy's body floating in the water for a number of minutes while camp counselors and a lifeguard can be seen at the side of the pool. Yoni was 41-inches tall, which is one inch shorter than the depth of water that filled the shallowest end of the pool.

CDC 2005 Drowning Accident Facts:

• There were 3,582 accidental drowning deaths in the US.
• Another 710 fatalities occurred in boating-related accidents.
• Over 1 in four deadly drowning victims are children younger than 15.
• A person who survives a drowning may sustain a permanent traumatic brain injury.
• Drowning was the cause of nearly 30% of all fatalities involving kids 1 to 4 years of age.

If your son or daughter drowned in another person's pool because the pool owner or manager or workers charged with supervising the pool were negligent or careless, your child may be entitled to Orange County, California personal injury or wrongful death recovery.



Gottesmans Awarded $14 Million, Santa Barbara Independent, April 27, 2009



Related Web Resources:

Drowning, EMedicineHealth

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Posted In: Injuries to Minors , Premises Liability , Wrongful Death

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