California Injury Lawyers Blog

Honda is recalling 440,000 more motor vehicles because of an airbag defect. The car manufacturer had issued its original recall in November. Several injuries and one death have been connected to the defect.

The defect involves certain vehicles' driver-side airbags. Their inflators that may over-pressurize the inflator mechanism during deployment of the airbag. This, in turn, could result in the inflator casing rupturing. Someone riding in the car could get hurt or die if metal fragments go through the airbag cushion's cloth material.

The recall involves the Acura TL, 2002-2003, the Honda Accord, 2001-2002, and the Honda Civic, 2001. The steering-wheel-mounted airbag inflator on the driver's side will need to be replaced.

Not all vehicles, however, are affected by the defect. Honda is asking for car owners to wait until they receive a notice about whether or not their vehicle has been recalled.

Auto Products Liability
Our Orange County, California personal injury lawyers believe it is important that car manufacturers be held liable for any auto defects that cause injury or deaths to vehicle occupants and others.

In addition to claims involving defective air bags, an auto products liability case can also involve other defective auto parts, such as:

• Defective tires
• Faulty engines
• Defective seat belts
• SUV rollover-related defects
• 15-passenger van accidents
• Defective windows

Injuries from a defective auto part can be catastrophic. Spinal cord injuries, traumatic brain injuries, severe head injuries, and other life-altering injuries can result. Pursing your claim with the help of an experienced Anaheim products liability law firm will increase your chances of obtaining the maximum recovery.

Among other recent vehicle recalls:

• Subaru has recalled 15,000 Baja vehicles (2005-2006). The fuel pump might cause a fuel leak.

• Hyundai announced its recall of approximately 3,000 Tucson, Sonata, Elantra, Accents, and Azera (2005 -2007). When the brake pedal is pushed, a switch might stop the brake lights from activating.

Honda recalls another 440,000 vehicles, CNN Money, July 31, 2009

Recalls Include Subarus and Hyundais, NY Times, July 31, 2009

Related Web Resources:
Products Liability, Justia

Continue reading "Honda Announces Car Recall Due to Potentially Deadly Airbag Defect" »

It's official. Texting while driving is incredibly dangerous and increases the chances a motorist will become involved in an Orange County, California traffic accident. While motorists and state lawmakers have known this for some time--since January it has been illegal to text while driving in California--findings from a Virginia Tech Transportation Institute study bring this reality home.

The study found that of all the tasks that cause truck drivers to take their eyes off the road, sending text messages is the most dangerous one and increases the chances that truckers will become involved in a truck accident by 23 times. This task generally requires drivers to take their eyes off the road for nearly five seconds--and if they are driving at a speed of 55 mph, in this amount of time they will have traveled the length of a football field with their eyes on their communication device and not on the vehicles around them.

The study says that dialing a cell phone while driving is also dangerous. This task increases a truck driver's chances of being involved in a truck accident by almost six times, while increasing car driver's crash risk by three.

The study used actual drivers for its research, including 203 truck drivers. Large trucks with video cameras were used. Footage captured truckers' reactions right before a truck accident or near truck collision. 21 truck crashes and 197 near crashes were captured on video, in addition to more than 4,000 other events thought to be safety critical.

Although news of the dangers of texting while driving isn't new news--an AAA Foundation for Traffic Safety reveals that 87% of Americans consider email and texting serious driving hazards (1 out of 5 drivers do it anyway)--hopefully this latest information will remind drivers that texting and driving at the same time is a form of distracted driving that can become negligent driving if someone gets hurt or dies as a result.

Not all states have laws banning texting while driving. This week, a number of US senators called on all states to ban this bad habit or face reductions in highway funding. The Virginia Tech Transportation Institute's latest study comes on the heels of last week's that the NHTSA knew as far back as several years ago about the dangers of using both hands-free and hand-held cell phones when driving but decided to sit on the information. Think of how many lives could have been saved if people found out then what we are just learning now.

Texting while driving is unsafe anywhere, SF Gate, July 31, 2009

Lawmakers propose ban on texting while driving, AP, July 30, 2009

Texting, e-mailing, crashing, dying, OregonLive, July 29, 2009

Highway agency wanted total cell phone ban, MSNBC, July 21, 2009

Related Web Resources:
Cell Phone Driving Laws, GHSA

Virginia Tech Transportation Institute

Continue reading "Preventing Orange County, California Trucking Accidents: Don't Text and Drive" »

Pauline Samantha Portes was just 19-years-old when she was fatally struck in an Orange, California wrong-way driving accident on the 55 freeway in November 2007. The driver who was driving the wrong-way, 28-year-old Fontana Ramirez, has been sentenced to 9 years and 8 months in prison for Portes's vehicular manslaughter death.

Ramirez, a single mother of two, does not remember the deadly crash, but she admits that she drank two tequila shots, four Crown Royal and colas, and three Jagermeister "bombs" at an Irvine bar and at the Cheesecake Factory on the night of the deadly Orange car accident. Ramirez did not have a prior drunk driving record. At her sentencing yesterday, Ramirez asked for forgiveness for the tragic accident.

Wrong-Way Driving Accidents
Driving the wrong-way down any road can lead to tragic consequences--especially if you are drunk. Orange County, California wrong-way driving crashes can lead to deadly head-on collisions for those involved.

Over the weekend, 8 people were killed in a wrong-way driving accident in New York when a woman drove the wrong way up the Taconic State Parkway on Sunday afternoon. The driver, Diane Schuler, her 2-year-old daughter, and 3 young nieces died in the tragic accident, as did three people that were riding in one of the vehicles that she struck with her minivan. Schuler's 5-year-old son survived the crash but was hospitalized.

Motorists reportedly honked at Schuler, flashed their headlights, and contacted 911, as her vehicle drove the wrong-way for nearly 2-miles. Her brother Warren Hance says she'd called him to let him know she wasn't feeling well. Preliminary autopsy results however do not show what could have compelled her to keep driving the wrong way.

Wrong-driving, drunk driving, distracted driving, drowsy driving, and talking on the cell phone or texting while driving are examples of negligent driving that could be grounds for an Orange County, California car accident claim or wrongful death lawsuit if another person gets hurt or dies.

Single mom asks forgiveness in death of college student, OC Register, July 27, 2009

Cops: Autopsy doesn't solve fatal wrong-way mystery, Newsday, July 28, 2009

Drunken driver fights back tears at sentencing, MSNBC, July 27, 2009

Related Web Resources:
Federal Highway Administration

California Department of Transportation

Continue reading "Driver who Caused 2007 Fatal Orange County, California Drunken Wrong-Way Driving Accident on 55 Freeway Appears in Court for Sentencing" »

A Southern California jury has awarded the family of Irvine resident Edwin Payne $2 million for his wrongful death. Payne, 65, was killed after his golf cart fell off an 80-foot cliff at the Pala Mesa Golf Resort in Fallbrook in May 2007. Payne was taking part in a yearly golf trip with three colleagues.

The deadly golf cart accident happened as Payne tried to make a U-turn in the cart. Instead, Payne lost control of the vehicle, which went down a 40-foot slope before dropping 80-feet onto Highway 395. The cart overturned close to the bottom of the cliff, crushing the vehicle, and tossing Payne onto the road. Rescuers tried to revive Payne, who was pronounced dead at the crash site.

The family's California wrongful death legal team persuaded the jury that the golf course was liable for Payne's accident because it failed to put up warning signs about the slope, which is located behind trees and foliage. The plaintiffs contend that if the golf course had installed a higher curb, Payne may not have fallen down the slope.

Payne's wife, Clara, will claim approximately $1.5 million. The final California wrongful death verdict will be reduced by 30% because Payne was partially liable for the fatal accident.

Comparative Fault
California is a comparative fault state. This means if a plaintiff is found partially at fault for causing a personal injury accident, he or she is only entitled to receive a percentage of the personal injury damages awarded by a jury. For example, if a jury determines that the plaintiff was 30% at fault for causing his or her accident, the plaintiff can only receive 70% of the award. While some states do not allow a plaintiff that is found more than 50% liable for causing the injury accident to receive any award, California law allows for the injured party to receive damages, even if it is 49% or less.

Premises Liability
The owners of public and private premises must make sure that there are no hazardous conditions on a property that can cause injury or death to others. If a person gets hurt and the property owner could have prevented the accident, the injured party may be able to file an Orange County, California premises liability lawsuit.

Family gets $2 million after golfer drives cart off cliff, OC Register, July 27, 2009

Man drives golf cart off cliff at Pala Mesa Resort, North County Times, May 23, 2007

Related Web Resources:
Pala Mesa Golf Resort

Premises Liability Overview, Justia

In California, a jury awarded a nursing home resident almost $1.3 million over injuries she sustained while staying at the Leisure Palms nursing home. Stinson is an Alzheimer's patient who was recovering from hip surgery when she fell at the California nursing home on December 31, 2006. She was 82-years-old when the fall accident happened and it took 10 months for her to recover.

Her California nursing home neglect lawsuit contended that she broke her ribs, punctured a lung, and sustained a head contusion when she fell. Her complaint accused the assisted living facility of failing to properly train staff members and neglecting to provide her with the care that she needed when the nursing home knew she was a fall risk and had a tendency to wander.

Stinson claims she fell three times while staying at the California long-term care facility. Following the fall accident on December 31, 2006, she says staffers did not notify her family or doctor that she got hurt and she wasn't provided any medical care until her husband came to visit the next day and saw that she was unresponsive.

The California nursing home neglect verdict awards Stinson $88,000 for past medical costs, $750,000 in punitive damages, and $500,000 in general damages.

While there is no guarantee that a California nursing home will provide a resident with the proper care, there are steps that you can take to possibly decrease the chances of abuse or neglect. One way to do this is to visit the assisted living facility, talk to staff members, check out the facilities, and watch residents interact with the nurses.

You can also check out the Medicare Nursing Home Compare Web site to find out how a particular California nursing home rates compared to others in the area. That said, the federal ratings Web site is earning mixed reviews from consumer groups and industry members that are questioning how accurate of a picture the 5-star rating system can actually convey of the care provided at each facility, so you may not want to solely rely on this resource to assess the care a loved one might receive at a California assisted living facility.

Despite a loved one's best efforts, nursing home neglect and abuse does happen in California assisted living facilities. Our Orange County, California nursing home abuse law firm knows how important it is to remove your loved one from a dangerous living situation the moment you suspect that he or she is the victim of abuse or neglect.

Elder Neglect Lawsuit Verdict of $1.3M Against California Nursing Home, AboutLawsuits.com, July 10, 2009

Nursing-Home Ratings Earn Mixed Reviews, Washington Post, July 14, 2009

Related Web Resources:
Nursing Home Compare

Finding the right nursing home, step by step, Today/MSNBC, March 19, 2009

In Orange County, California, Zdenek Philip Hodousek is suing a Claim Jumper in Mission Viejo for personal injury after he says he bit into a condom that was in his soup. The 50-year-old plaintiff is accusing the Orange County restaurant and vendors connected with the French Onion soup with negligence.

Hodousek says that he ordered the soup at the restaurant, located at Marguerite and Santa Margarita parkways on Easter Sunday. He says he bit into the object that he at first thought was cheese. When he extricated the object from his mouth, his wife noticed that it was a condom with a knot in it.

According to the Mission Viejo personal injury complaint, Hodousek threw up twice--once in the restaurant bathroom and a second time in the Claim Jumper parking lot--after discovering the condom. He says he has had problems sleeping and is anxious during the day because he is worried he may have caught a sexually transmitted disease.

Hodousek, in his Orange County, California personal injury lawsuit, says a lab that performed preliminary tests discovered that the condom contained female DNA. Hodousek's family wants all the female employees at the Orange County, California restaurant to undergo DNA testing.

Claim Jump issued a statement today stating that the restaurant group found no evidence supporting Hodousek's claim. They say that because the plaintiff took the foreign object that he found in his soup with him when he left the restaurant, it is impossible to know for sure whether the object he found in his soup is the same object that the lab tested.

Personal Injury Lawsuits Against Restaurants
There are a number of reasons why a plaintiff might sue an Orange County, California restaurant for personal injury including:

• Food poisoning caused by contaminated food items
• Unsanitary conditions that result in illnesses
• Inadequate security resulting in violent crimes on the premise
• Slip and fall accidents
• Burn injuries caused by extremely hot foods or liquids

In California, you have two years from the date of injury to file your Orange County, California personal injury lawsuit.

Man sues Claim Jumper, claiming condom was in his soup, OC Register, July 22, 2009

Man Says He Found Condom in French Onion Soup, KTLA, July 22, 2009

Related Web Resource:
Claim Jumper

The parents of Susie Young Kim, a 37-year-old Korean American from Irvine who was fatally shot by Santa Ana police on April 10, have filed an Orange County, California wrongful death claim seeking $20 million in damages, legal costs, funeral costs, emotional trauma, and punitive and survival damages.

Santa Ana police shot Kim following a 30-minute chase through Santa Ana, Fullerton, Anaheim, and Buena Park. Her 13-month old daughter, who was riding in the back of the Toyota she was driving when the fatal incident happened, was unharmed.

The Santa Ana wrongful death claim, filed on behalf of Nancy Kim and Yung Kim, Susie's estate, and her daughter, Angelica, accuses police officers of using "excessive, deadly force" that led to Susie's death. The Kims claim that the officers "knowingly endangered" Angelica with their use of police brutality, including inappropriate force and improper tactics. The family's Southern California wrongful death attorney says Susie's shooting was totally "unjustified."

The police chase reportedly started late at night when Buena Park police tried to pull Kim over for committing a traffic violation. Kim, however, refused to stop and other police joined in the chase that eventually ended in Santa Ana when a police officer shot at the vehicle.

Questionable Police Shootings
A police officer should only fire his or her weapon on a suspect as a final measure. There are strict protocols that Santa Ana police must follow for when a weapon should be drawn and used on someone. Unfortunately, not every police officer exercises the restraint necessary to make sure that unjustified police shootings don't happen.

Unjustified police shootings usually involve excessive use of force, which is a common form of police brutality. Unfortunately, unjustified police shootings have resulted in the deaths of suspects who would still be alive today if only other methods were used to apprehend them.

Family of woman killed by police wants $20 million, OC Register, July 21, 2009

Woman With Baby in Car Killed at End of Police Chase, NBC, April 10, 2009

Related Web Resources:
Police Brutality

NAACP urges cell phone use to fight police brutality, CNN.com, July 15, 2009

The California Highway Patrol says that yesterday's Orange County, California motor vehicle collision near South Coast Plaza sent four people to the hospital. The Costa Mesa car crash took place toward the end of rush hour. The accident victims reportedly suffered trauma injuries.

The California Highway Patrol is looking into the cause of the Southern California car accident but so far the details are unclear. Both of the vehicles involved in the motor vehicle collision, a Toyota Sequoia pickup and a Toyota Corolla, ended up next to each other in a ditch.

Serious injuries sustained in Costa Mesa traffic crashes can be very costly to treat and recover from. It is important that you speak with our Orange County, California car accident law firm to see whether you have grounds for a personal injury case.

California Traffic Accidents
According to the US Department of Transportation, there was a decrease in the number of California traffic crashes between 2008 and 2007. 3,434 people died last year, compared to the 3,995 California traffic deaths in 2007.

More 2008 California Traffic Facts (NHTSA):
• 2,023 passenger vehicle occupant deaths
• 1,029 drunk driver-related deaths
• 1,141 traffic deaths involved speeding
• 560 motorcycle deaths
• 620 pedestrian deaths

Except for motorcycle fatalities--there were 518 California motorcycle deaths in 2007--all of these categories showed a decrease in fatalities compared to the year before. This decline mirrors the nationally drop in traffic deaths.

The NHTSA reports 37,261 highway deaths last year compared to 41,259 the year before. The trend appears to be continuing for 2009. From January - March 2009, 7,689 people were killed in US traffic accidents compared to January - March 2009 when there were 8,451 traffic deaths.

While it is positive that there has been a decrease in California highway crashes, our Orange County, California personal injury law firm is aware that too many people continue to die in Southern California motor vehicle crashes in Irvine, Newport Beach, Laguna, Costa Mesa, Huntington Beach, and other cities throughout the county.

We know how hard it is to cope with your injuries or a loved one's death from a motor vehicle crash and we know how important it is that you obtain your financial recovery.

U.S. Transportation Secretary Ray LaHood: Overall Traffic Fatalities Reach Record Low, NHTSA, July 2, 2009

2-vehicle wreck on I-405 sends 4 to hospital, OC Register, July 15, 2009

Related Web Resources:
2004-2008 Traffic Safety Facts, California, NHTSA

Early Estimate of Motor Vehicle Traffic Crash Fatalities for the 1st Quarter of 2009, NHTSA, June 2009 (PDF)

2008 Traffic Safety Annual Assessment, NHTSA (PDF)

A tragic Orange County, California boating accident occurred in Huntington Beach yesterday when an 11-year-old junior lifeguard was killed after being struck by a lifeguard boat. Huntington Beach Marine Safety Lt. Greg Crow was driving the boat.

According to the Orange County Sheriff's Office, Laguna Beach resident Allyssa Squirrel was swimming in the ocean and taking part in an exercise that required the junior lifeguards to swim 100 feet from the shore. The lifeguards were then supposed to jump into a marine safety boat before going back into the water and gathering as a group before being picked up by a vessel.

Squirrell and another girl had not yet arrived at the group when the boat began circling to pick up lifeguards. This is when the propeller of the boat that Crow was operating struck the Laguna Beach resident. Squirrell, who sustained deep cuts to her hip and leg, died during surgery.

Crow is now on leave from his department. He has worked with the Huntington Beach Lifeguard Program for years and is licensed with the US Coast Guard. Following the tragic boating accident, Crow took a toxicology test. There were no drugs or alcohol discovered in his system. Crow is a 32-year veteran marine safety officer. Two other instructors were also present when Squirrell was hit by the boat. One instructor was in the boat with Crowe, while the other was in the water.

If you or someone you love was injured in a Huntington Beach boating accident, you may have grounds for filing a boating accident lawsuit against the negligent party. Boating operators are supposed to make sure that they do not injure swimmers or anyone that may have accidentally fallen into the water.

According to the US Coast Guard, common causes of Southern California boating accidents include:
• Operator inattention
• Skier/passenger behaviors
• Speeding
• Reckless/careless operation
• Alcohol use
• Failure to conduct a proper lookout
• Machinery failure
• Operator inexperience
• Poor weather
• Machinery failure

In 2007, the leading causes of boating accident deaths included:
• Drowning
• Hypothermia
• Trauma
• Carbon monoxide poisoning

There may be more than one party that can be held liable for your Orange County, California boating accident injury. For example, if you were injured in a Huntington Beach boating accident because a professional boat operator was careless, you also may be able to hold the company that runs the boating company liable for your personal injuries.

Community Mourns Death of 11 Year Old Girl Hit by Boat, KTLA, July 15, 2009

Boat driver who hit junior lifeguard is safety veteran, OC Register, July 15, 2009

Related Web Resources:
Huntington Beach Jr. Lifeguards

2007 Boating Accident Statistics, US Coast Guard (PDF)

Continue reading "11-Year-Old Orange County, California Junior Life Guard Dies in Huntington Beach Boating Accident " »

In a scam that involved 42 suspects allegedly bilking California's Medi-Cal system of nearly $4.6 million, the lives of young, disabled persons were placed at risk by the "professional" caregivers that were hired to take care of them. Many of these professional nurses were in fact unlicensed. The alleged fraud scheme is believed to have taken place between 2004 to 2007. On Thursday, 22 people were arrested for their alleged involvement in the fraud scheme.

Staff members from Medcare Plus Home Health Providers were hired to go to private homes and take care of disabled children and young adults. Services these nursing workers were supposed to perform included giving patients medications, taking care of feeding tubes, and adjusting ventilators. The people that hired them thought they were retaining the professional services of licensed vocational nurses, when in fact many of these workers did not have medical training or received their training abroad but were not licensed to practice nursing in the US.

These unlicensed "professionals" treated some 75 patients. Many of the patients were kids with developmental disabilities or cerebral palsy. Fortunately, none of the patients appear to have suffered life-threatening injuries from the inadequate care they received.

US Attorney Thomas O'Brien says this is the largest single case of alleged Medi-Cal fraud that has ever been filed in California.

Nursing Negligence
Unfortunately, incidents of Orange County, California nursing negligence occur not only in Southern California nursing homes but also in private residences. If your loved one was injured because a professional caregiver or a private nurse was abusive or negligent, you may have grounds for filing a California nursing negligence lawsuit.

Examples of Caregiver Negligence:
• Elder financial abuse
• Physical abuse
• Verbal abuse
• Ignoring a patient's cries for help
• Failure to protect patient from fall accidents
• Failure to treat bedsores
• Failure to properly administer medication
• Failure to follow doctor's instructions for patient care

The reason that sick, disabled, or elderly people require the help of nursing professionals is because they can't take care of themselves or their medical needs alone. A nursing home professional is in breach of that duty of care if he or she cannot provide a patient with a certain quality of care or is negligent or causes injury or harm.

California charges 42 in home nursing scam, UPI.com, July 9, 2009

20 arrested in Medi-Cal fraud targeting disabled patients, Los Angeles Times, July 9, 2009

Related Web Resources:
Medi-Cal

When Caregivers Harm: Problem Nurses Stay on the Job as Patients Suffer, Los Angeles Times/Pro Publica, July 11, 2009

Continue reading "California Nursing Neglect: Medi-Cal Scam Exposes Unlicensed Nurses that Cared for Disabled Patients" »

The family of Jerry Lunceford, a 70-year-old woman who was shot to death by police, is suing Orange County and the City of La Habra for $30 million. They are seeking $15 million from each defendant for her Orange County, California wrongful death.

The plaintiffs in the case are Lunceford's estate, her son, David Lunceford, and her husband, Lowell Lunceford. They claim the peace officers neglected to make sure that they did not use excessive use of force when apprehending the decedent, and instead, they exercised police brutality by shooting her to death.

On the night of December 22, 2008, Orange County sheriff's deputies and La Habra police responded to a call about a distraught woman who may have been suicidal. They evacuated the neighborhood.

They contend that Lunceford came out of the front door and pointed a gun at the cops. Assistant Sheriff Michael Hillman says she disregarded repeated orders to put down her weapon. According to investigators, a number of officers and deputies shot at her when she pointed her gun at them.

However, according to the plaintiffs' Orange County, California wrongful death complaint, police shot Lunceford without provocation while she was talking on the phone to her son. They flashed bright lights at her so she was unable to see the police officers.

Neighbors say that Lunceford, who h had been married to her husband for 51 years, had not shown previous signs of distress. No criminal officers have been charged with her shooting death.

This is not the first police brutality lawsuit against the City of La Habra over a fatal police shooting. La Habra police shot and killed Michael Cho on January 31, 2007 in a strip parking mall after he allegedly waved a tire iron at them in a threatening manner. The 25-year-old's parents filed a La Habra wrongful death lawsuit against the city.

Orange County, California Police Brutality Lawsuits
Police are not supposed to shoot at suspects without provocation--let alone shoot them to death. Police brutality is a crime and violates the victims'civil rights. If you are injured or someone you love dies because police officers used unnecessary violence or were abusive, you may have grounds for filing an Orange County, California police brutality lawsuit or wrongful death claim.

Family seeks $30 million in police shooting death of woman, 70, OC Register, July 9, 2009

70-Year-Old Woman Shot by Police, Pasadena Star-News, December 23, 2008

Michael Sungman Cho shot by La Habra police Dec. 31, January 10, 2008

Related Web Resources:
City of La Habra, California

Orange County, California

Zenith Insurance Co. wants the city of Newport Beach to pay for injuries that a man sustained when he fell off a Segway scooter. The insurance company says city officials are to blame for the hazardous condition that caused Terry Bye to fall on his elbow, left hand, and right knee.

Bye got hurt while guiding tourists close to the Back Bay. He fell on New Year's Eve in an area where a dirt path and an asphalt roadway come together. The insurance company says that Bye cut his knee, sustained other sprains, and now suffers from carpal tunnel injury as a result of the California roadway defect.

Bye has received over $10,000 in California workers' compensation benefits. This amount is expected to grow.

Defective Roadway Claims
It is not unusual for a person injured in an accident involving a defective roadway condition to pursue a claim against an Orange County, California city for damages. City officials may try to counter the claim with the argument that there is no reason why they should not have been aware that a roadway's condition was unsafe or hazardous.

A recent study by the Pacific Institute for Research and Evaluation found that over half of US highway deaths involved a deficient roadway condition--that's over 22,000 fatalities--and each minute, 10 roadway-related crashes happen. Roadway defects also are a factor in 38% of highway injuries.

There are steps that government officials can take to make roads safer, and they can be held liable if they should have known that a certain road condition was causing (or could cause injury) yet they did nothing to remedy the situation.

Orange County, California personal injury and wrongful death accidents can occur as a result of a number of roadway defects, such as:

• Debris that wasn't cleared out
• Too much gravel
• Too much oil
• Potholes
• Malfunctioning signals or signs
• Improperly designed roads
• Shoulder drop-offs
• Inadequate lighting
• Failure to provide proper notification of merging traffic
• Failure to properly mark construction zones
• Malfunctioning or inadequate traffic signs

Company wants $10,000 from city for man's Segway crash injuries, OC Register, July 8, 2009

More than Half of Highway Fatalities Are Related to Deficient Roadway Conditions, PR Newswire, July 1, 2009

Related Web Resources:
Pacific Institute for Research and Evaluation

Transportation Construction Coalition

Continue reading "Newport Beach Should Pay for California Segway Crash Injuries Caused by Roadway Defect, Says Insurer " »

The state of California will pay a woman who was rear-ended by then-California Senator Carole Midgen $335,000 over injuries she sustained during a 2007 car accident. Midgen is accused of driving erratically through Solano County for about 30-miles at a speed of about 80 mph in a California-issued SUV on Highway 12 and Interstate 80. Several drivers called 911 to report that there was a driver weaving through traffic at a fast speed.

Midgen's ride ended when she struck a 2005 Honda Sedan in Fairfield, California. Ellen Butawan, the driver of the vehicle that was rear-ended, sustained minor injuries. The state has already paid over $25,000 for damages from the California auto accident.

Midgen, who lost last year's election, says that the medication she was taking for leukemia may have been the reason for her driving behavior that day. The California Highway Patrol says that her cellular phone also contributed to the motor vehicle accident. They say that she took her eyes off the road to reach for her cell phone right before the California traffic collision happened.

One witness say that they saw a female talking on the phone and reading while negotiating lanes and that the distracted driver struck the center divider on more than one occasion.

Midgen pleaded no guilty to reckless driving and was fined $710. Her license was suspended for several months.

Rear-end Crashes
Rear-end collisions are among the most common kinds of auto crashes that result in personal injury claims. ScienceDaily.com reported that in 2006 there were 1.8 million rear-end accidents. Many rear-end crashes happen because a driver wasn't paying proper attention or was driving too close to the vehicle in front of him or her. The negligent motorist also may have been speeding and was unable to stop in time to avoid crashing into the car in front.

Rear-end crashes can result in painful injuries, including sprains, cervical sprains, whiplash, neck injuries, soft tissue injuries, back injuries, shoulder injuries, and knee injuries. Some of these injuries may be hard to detect at first and can also take a long time to recover from--possibly even causing ongoing pain for the car accident victim.

State pays $335k over senator's erratic driving, accident, Legalnewsline.com, July 7, 2009

CHP Investigating Crash Involving State Senator (Democrat), FreePublic.com, May 21, 2007

Related Web Resources:
Human Factors Psychologists Study How To Avoid Rear-end Collisions, Science Daily, May 1, 2008

Carole Migden, CIWMB.Ca.Gov

Continue reading "California Settles Car Accident Lawsuit Involving Former Senator Carole Midgen for $335,000" »

Orange County fire officials say a 6-year-old nearly drowned in a Placentia swimming pool at a mobile home park last week. The boy appears to have been holding onto the side of the pool when he slipped under.

His 14-year-old sister pulled him from the water and began administering CPR. He had regained consciousness by the time he was transported to Children's Hospital in Orange.

The Orange County Fire Authority reports that there have been 20 drowning emergencies in 22 of the cities that it services since January 2009. Meantime, the Orange County's Health Care Agency reports that 25 young people died in Orange County, California drowning accidents between 2005 and 2007. During this same time period, 204 kids (under age 18) were treated in US emergency rooms after they were immersed under water.

Other facts from the Health Care Agency for 2005 - 2007:
• Children under 5 were involved in 69% of all immersion-related events.
• This same age group made up 72% of Orange County, California drowning deaths.
• 64% of immersion incidents took place in spas and pools.
• 16% of Orange County, California immersion-related incidents occurred in Anaheim, 13% in Santa Anna.
• Over 51% of immersion incidents occurred between June and August.
• 12% of children involved in immersion-related incidents died.

In 2008, six Orange County minors under age 5 died in California drowning accidents. One child died in a spa, four kids died in pools, and one child died in a bathtub.

As we've mentioned in previous blog posts, a drowning accident can be grounds for an Orange County, California premises liability or wrongful death claim if someone sustains injuries or dies in another party's pool or spa. Kids are especially at risk of dying or sustaining catastrophic injuries, including traumatic brain injuries, in drowning accidents.

Steps premise owners can take to decrease the chances that someone will die in a pool or spa accident:

• Install a four-sided fence around a backyard pool.
• Add pool alarms and motorized pool covers.
• Make sure that buckets and pails are emptied out of water or other liquids after use.
• Properly supervise all swimmers--especially kids.
• Consider learning CPR.

6-year-old recovering after nearly drowning in pool, MSNBC, June 30, 2009

25 youth drowned in O.C. from 2005-2007, OC Register, June 29, 2009

Drowning prevention tips, OC Register, June 15, 2009

Related Web Resource:
Pool Safety

Home Drowning Prevention Tips From CPSC

Continue reading "Orange County, California Pool Drowning: 6-Year-Old Recovering From Placentia Accident " »

In the latest Orange County, California clergy sex abuse case against the Roman Catholic Diocese of Orange, a 29-year-old man claims that a priest molested him while he served as a St. Norbert Church altar boy in the 90's.

The name of the plaintiff has not been revealed--he is called John DC Doe in his Orange County, California civil complaint--but his personal injury attorney says that his client's alleged abuser is Monsignor Sinon Falvey.

Falvey was at St. Norbert's from 1976 to 1989. The plaintiff's California clergy abuse lawyer says that the priest was retired, but living at the parish, when the alleged molestation incidents occurred. Falvey died in 2005.

The plaintiff's Santa Ana personal injury lawsuit accuses Falvey of making friends with the victim and gaining his trust so that he could molest the boy. Joelle Casteix, of Survivors Network of those Abused by Priests, alleges that it now appears that Falvey not only covered up sex abuse incidents involving other priests, but he also abused his own victims. Casteix says other people have come forward claiming that Falvey molested them.

Already, this is the fourth clergy sex abuse lawsuit filed against the Orange County, California diocese in 2009. A former student sued the Roman Catholic Diocese of Orange in June. He claims that two Huntington Beach priests molested him in the 1990's. In April, a former priest says that a La Habra priest drugged and molested him when he was a teenager.

Last February, the Roman Catholic Diocese of Orange settled the Orange County, California sex abuse lawsuit filed by a man who claims that he was molested by a priest in Costa Mesa. Also, the diocese has shelled out $1.5 million over multiple personal injury claims accusing Father John Lenihan of clergy sex abuse.

Clergy Sex Abuse
According to the National Catholic Reporter, US religious orders and dioceses spent over $436 million last year to settle and pay other costs related to clergy sex abuse allegations. This figure is 29% lower than the more than $615 million that was paid out in 2007.

The Center for Applied Research in the Apostolate at Georgetown University says that last year, US eparchies and dioceses were hit with 625 clergy child sex abuse claims. Most of the complaints referred to alleged molestation incidents that occurred in the 1960's and 1970's.

Lawsuit claims priest molested altar boy in 1990s, OC Register, June 30, 2009

Costs for clergy sex abuse at $2.6 billion, NCROnline.org, March 14, 2009

Related Web Resources:
Survivors Network of those Abused by Priests

Roman Catholic Diocese of Orange