California Injury Lawyers Blog

Jury deliberations started yesterday in the criminal trial of Jeffrey Woods, the 22-year-old man who fatally struck 14-year-old Orange County, California bicyclist Danny Oates in a 2007 Huntington Beach car crash.

Prosecutors say that Woods was on two prescription drugs when he hit Oates's bicycle, causing him to be thrown 100 feet. They also are accusing the 22-year-old driver of texting while driving. They say the defense's claims that Woods was suffering from an epileptic seizure at the time of the Huntington Beach bicycle accident is bogus.

While witnesses for the defense provided testimony that Woods was having a medical episode, the prosecution noted that Woods' family has said that he didn't have a history of seizures.

Woods is charged with one felony count of driving under the influence and causing bodily injury and one felony count of vehicular manslaughter with gross negligence while intoxicated. If convicted, he could face up to 10 years behind bars.

Woods was also injured in the deadly traffic collision. He sustained multiple leg fractures and nearly severed his right foot. He has undergone at least nine surgeries to treat the injuries he sustained.

Last year, Oates' parents filed an Orange County, California wrongful death claim against the city of Huntington Beach. They wanted drivers to be warned more clearly when there might be students commuting to and from school.

Proving Liability in an Orange County, California Traffic Accident
Fatal traffic crashes are always a tragedy for those involved--especially for the victim and his or her family. While accidents do happen, those responsible for causing injuries and deaths must be held accountable for the harm, pain, and suffering that occurred as a result of their negligent conduct. Depending on the specifics of a case, the responsible party may be a negligent driver, a city that failed to install a crosswalk or design an intersection in a way that would minimize the chances of a car crash, the manufacturer of a defective auto part, or another liable party.

Jury begins deliberations in teen bicyclist's death, OC Register, October 29, 2009

Trial to begin in death of 14-year-old Danny Oates, Huntington Beach Independent, September 23, 2009

Deadly Huntington Beach Bicycle Accident Revisited: Families of Teen Victim and Defendant to Plead Over Plea Agreement, CaliforniaInjuryLawyers, May 15, 2009

Related Web Resources:
NHTSA

Huntington Beach Official City Web Site

Monday was a busy day for Anaheim car accidents in Orange County, California. Just before 3am on State Route 91, a wrong-way driver crashed head-on into another vehicle, killing two people and seriously injury two children.

Police say that the driver, 21-year-old Jessica Shekell, may have been driving drunk when she crashed her pickup truck into a Chevrolet Silverado. Sally Miguel, 44, was driving the Silverado. She was pronounced dead at the Orange County, California car crash site. 30-year-old Patricia Miguel, who was the front seat passenger, was pronounced dead at a Santa Ana hospital.

The two young sisters, ages 11 and 15, were transported to an Orange, California hospital. The 11-year-old's injuries have been called major. None of the car accident victims, except for Shekell, were wearing seatbelts when the traffic crash happened.

At around 8:20 that same morning, a woman was injured during an Anaheim pedestrian accident that occurred on Crescent Avenue. A Toyota Paseo hit the victim. Police say she wasn't in the crosswalk when the Anaheim traffic crash happened. The driver of the Toyota was not cited over the accident.

A few hours later, at around 12:30p, three people sustained injuries when a Mercury Mountaineer and a Toyota Camry collided at State College Boulevard and Lincoln Avenue. The Mountaineer rolled over and its driver, a woman, was taken to a hospital. The Camry's occupants sustained minor injuries and were not taken to a hospital. Police are trying to determine who caused the Anaheim car accident.

There are many reasons why Anaheim car accidents happen. Often, those involved will provide conflicting accounts and are not always inclined to assume responsibility for fear of liability. A person injured in an Orange County, California car accident caused by another responsible party may need to hold those accountable liable. In some cases, the liable party may not even be another motorist.

Wrong-way driver in Anaheim could face drunk-driving charges, authorities say, Los Angeles Times, October 26, 2009

3 injured in 2-vehicle accident in Anaheim, OC Register, October 26, 2009

Woman injured after struck by vehicle, OC Register October 26, 2009

Related Web Resources:
National Highway Traffic Safety Administration

California Department of Motor Vehicles

Continue reading "Recent Anaheim Car Accidents Result in Injuries and Deaths" »

The father of 17-year-old Adam Wilhite has filed a $75 million Orange County, California personal injury claim on behalf of his son, who is a minor, against the city of Westminster. Kurt Wilhite is blaming the city for a dangerous road condition at the intersection where the pedestrian accident that left his son in a coma happened on the evening of October 19, 2008.

Kurt's claim accuses the city of neglecting to provide proper signage, lighting, and other safety features at Sowell Avenue and Goldenwest Street. He says there are no crosswalks in the area that pedestrians can safely use.

Meantime, a police report blames Adam, a Huntington Beach High school student, for causing the traffic accident. Police claim the teenager was outside the unmarked crosswalk when he tried crossing the road and did not yield the right-of-way to vehicles that were close enough to be an "immediate hazard" to him. The report also says the street lights were on when the Orange County, California pedestrian accident happened.

Kurt, however, disagrees that the accident was his son's fault. He also wants to know how fast the female driver that struck his son was going. The motorist was not charged with any crime or cited for the Orange County, California car accident.

Adam is still in a Level 3 coma at an Orange hospital. He can open his eyes but is motionless, save for a few involuntary gestures. To date, his medical expenses have already cost the family over $2.5 million. Kurt and his wife, who lost their jobs following the economic collapse., no longer have insurance. They must pay approximately $2,400/month in co-payments. Adam is on Medi-Cal.

Dangerous Road Conditions
Dangerous road conditions can cause catastrophic pedestrian accidents and car crashes. It is the responsibility of the entity or entities in charge of overseeing a road to make sure it is designed in such a way that people are protected from becoming the victims of traffic accidents. This responsibility can extend to installing stop signs, traffic lights, road bumps, pedestrian lanes, bike lanes, and other safety devices. Failure to make sure that a road is free from defects or other hazards can be grounds for an Orange County, California injury lawsuit.

Father files $75 million claim over son's accident, OC Register, October 28, 2009

Related Web Resources:
Definition and Assessment of Coma, Miami.edu

City of Westminster

The Orange County, California personal injury lawsuit filed by Alexina Karsh against the Huntington Beach Union High School District has been settled for $37,500. Karsh injured her finger when wind pushed an open school door shut onto her finger.

Karsh's Huntington Beach premises liability lawsuit contends that the door was not secured properly. Karsh's finger bled and required stitches. Because of her injury, Karsh is not able to straighten her finger and she can't feel anything in its tip. She missed an Advanced Placement test and is scared to cut vegetables.

The school district has denied Karsh's allegations and accused the teenager of failing to use the door correctly. The compensation to Karsh was paid by Angeles Contractor. The company was in charge of installing the door as part of the school's remodeling plan.

This is not the first Huntington Beach personal injury lawsuit against the school district over finger injuries.

In May 2008, Huntington Beach High student Patricia McCormack filed her Orange County, California premises liability complaint after she cut her thumb while using a table saw. She dropped her lawsuit before the personal injury case went to trial.

Last December, Sowers Middle School Samuel Camm almost severed his thumb. His Orange County, California injuries to minor lawsuit is scheduled to begin in April.

California Premises Liability
Property owners have a legal obligation to exercise reasonable care to make sure that there aren't any hazardous conditions on a premise that could cause personal injury or wrongful death. It is also the responsibility of the property owner or the occupant of the premises to inspect the property for dangerous conditions--especially if people, such as students, customers, employees, clients, or members of the public, frequent the property.

Student gets $37,500 after door crushed finger, OC Register, October 27, 2009

Premises Liability Overview, Justia

Related Web Resource:
Huntington Beach Union High School District

In Yorba Linda, an 80-year-old Placentia bicyclist died on Wednesday when she was struck by a pickup truck. According to Brea Police, Edelgard Owens was in a crosswalk on East Imperial Highway and Prospect Avenue at around 5:40 pm when the deadly Orange County, California bicycle accident happened.

The driver of the pickup truck, a woman, was arrested on suspicion of drunk driving. Further investigation, however, revealed that the driver was not driving under the influence when she allegedly struck Owens.

NHTSA 2008 Bicycle Accident Facts:

• 109 California pedalcyclist deaths
• 716 US pedalcyclist fatalities
• 52,000 pedalcyclist injuries
• The average age of pedalcylists who died last year was 41
• The average age of pedalcyclist injury victims was 31
• 13% of pedalcylists that died were younger than 16
• The majority of pedalyclist victims were males
• Alcohol was involved in 37% of pedalcyclist deaths

In sunny California, riding a bicycle is a popular activity, which increase the chances of Orange County, California bicycle crashes occurring. Bicyclist will usually just have their helmet and protective clothing to cushion them from the impact of colliding with a motor vehicle or the pavement (if the cyclist is thrown to the ground). Unfortunately, gear as protection is often not enough to prevent serious injuries or death.

Common Kinds of Bicycle Injuries:

• Traumatic brain injuries
• Spinal cord injuries
• Facial injuries
• Road burns
• Fracture
• Broken bones
• Organ damage
• Head injuries
• Death

Common Bicycle Crash Scenes Involving Negligent Drivers:

• A motorist fails to yield
• A driver doesn't see the cyclist
• A car rear ends a bicycle
• A driver getting out of a car accidentally hits the bicyclist with the vehicle's door

80-year-old bicyclist dies after being hit by pickup, OC Register, October 21, 2009

Bicyclist and Other Cyclists, NHTSA 2008 Traffic Safety Facts (PDF)

Related Web Resources:
Bicycle Rules and Safety, California DMV

Bicycle-Related Injuries, CDC

In May 2007, Drew Bianchi was a 21-year-old college student who was going on a camping trip. The course of his future, however, took a catastrophic turn when he was struck by a tractor-trailer that had just crashed with another large truck on Pacheco Pass. Because of his traumatic brain injury that he sustained in the California truck crash, Bianchi can no longer live a normal life and must be attended to by a medical professional 24 hours a day.

Following a five-week California traumatic brain injury trial, the jury found Samuel Bimbela, the driver of the truck that struck Bianchi's vehicle, 60% liable, the state of California 5% liable, and Gordon Trucking and the driver of the other tractor-trailer 35% liable. They awarded Bianchi $49 million in damages--$13.5 million for general damages, $4.5 million for future lost wages, $3.4 million for past medical expenses, $27.6 million for future medical costs.

Living with a traumatic brain injury can be tough. Depending on the kind of TBI that a person has, he or she may not be able to speak, understand what someone else is saying, have problems processing thoughts or emotions, experience memory loss, suffer from vision or hearing problems, suffer from sensory loss, experience serious loss of physical mobility, suffer from bladder or bowel problems, experience chronic pain, and become depressed or aggressive.

A person with a TBI may not be able to live independently, which can take an emotional and financial toll on the patient, friends, and family members.

Orange County, California Truck Accidents
For many Orange County, California truck accidents, paying for traumatic brain injury care can be extremely challenging, which is one reason it is important to obtain the maximum recovery possible from all liable parties. It can also provide a sense of relief to hold the responsible entities or persons accountable for your injuries, losses, pain, suffering, and other damages.

Calif. Jury Awards $49 Million in Personal Injury Case, The Recorder, September 24, 2009

Traumatic Brain Injuries, Neurology Channel

Related Web Resources:
Federal Motor Carrier Safety Administration

Trucking Accidents Caused by Driver Error, Nolo

A woman has filed a California dangerous drug lawsuit against pharmaceutical company Bayer. Susan Galinis claims that the Yaz birth control pill caused her stroke in June 2008.

Her Yaz lawsuit accuses the pharmaceutical company of failing to properly research the contraceptive and neglecting to warn about the stroke risk. In 2008, the Food and Drug Administration cited Bayer for what it called misleading and false advertising that failed to properly describe side effects and overstated the ways in which the pill had been approved for use.

Galinis, 39, was taking Yaz to alleviate premenstrual cramp pain. She had been using the contraceptive for 29 days when she had the stroke. To save her life, doctors had to remove part of her brain and skull. She was confined to the hospital for six months.

Her IQ is now 77, which is considered borderline mental retardation, and she has no short-term memory.

As of October 8, at least 129 products liability lawsuits have been filed against Bayer over Yas and Yasmin. The latter is an older version of the Yaz pill.

Just last month another woman sued Bayer for blood clotting injuries that she says caused her unborn daughter's stillbirth. Candice Richardson, who was prescribe Yaz/Yasmin, was 27 weeks pregnant at the time. Her wrongful death lawsuit names Bayer Healthcare Pharmaceuticals Inc., Bayer Corp., and Bayer Healthcare LLC as the defendants.

Richardson is alleging California products liability, including design and manufacturing defect, negligence, inadequate warning, Deceptive Trade Practices Act violations, negligent misrepresentation, and breach of warranties.

Drug makers are obligated to make sure that the medications that they manufacture are free from defect and are not dangerous for users. They also must specify how the drug must be used and notify users of the possible side effects and risks that can arise.

Bayer Goes to Court over Yaz, LawyersandSettlements, October 20, 2009

Woman alleges pill caused death of unborn baby, sues drug maker, The Southeast Texas Record, September 29, 2009

Yaz Stroke Lawsuit Filed in California, About Lawsuits, October 20, 2009

Related Web Resources:

Yaz

Bayer

A Birth Control Pill That Promised Too Much, NY Times, February 10, 2009

Continue reading "Yaz Lawsuit: California Dangerous Drug Complaint Filed Against Bayer " »

In California, Governor Arnold Schwarzenegger has signed into law AB 1457. Under the new law, nursing homes are required to reveal the name and contact data of the persons responsible for facility operations and for a patient's care. If an assisted living facility changes ownership, the nursing home is required to notify residents and their primary contacts.

With 1,200 nursing homes and 14,000 residential care settings, California is the state with the the most long-term care providers. According to the Inspector General of the Department of Health and Human Services, in 2007 94% of for-profit California nursing homes were cited for federal health and safety standards violations.

Nursing home negligence and abuse continue to be issues of concern California and the rest of the US. Many patients housed in assisted living facilities either end up becoming more ill or dying because of nursing home neglect or they sustain injuries caused by nursing home abuse, nursing home violence, nursing home sexual assault, or other negligent or abusive acts.

Nursing home abuse and neglect may consist of:

• Physical assault
• Rape
• Molestation
• Battery
• Unreasonable physical restraints
• Drugging a patient to control them
• Placing a patient in isolation without just cause
• Threatening a patient
• Verbal abuse
• Emotional abuse
• Intimidation
• Fear
• Financial exploitation
• Medical neglect
• Forcing a patient to live in unsanitary or dangerous conditions
• Ignoring a patient's calls for help
• Starving a patient or not giving him or her water or other liquids
• Not changing a patient's bedsheets or clothing
• Not bathing a patient

A nursing home can be held liable for Orange County, California nursing home negligence. While there are steps that you can take to ensure that your loved one is admitted into an assisted living facility where he or she can get the proper care, unfortunately there are nursing homes where patients do become the victims of abuse or neglect despite the family's best efforts.

It is important that you remove your loved one from any abusive situation immediately and speak with our Anaheim nursing home abuse and neglect law firm about your case.

New law imposes stricter transparency requirements on California nursing homes, McKnight's, October 14, 2009

Governor Schwarzenegger Signs Legislation to Ensure Quality Care in Nursing Homes, California Chronicle, October 13, 2009

Related Web Resources:
Nursing Home Guide, California Advocates for Nursing Home Reform

AB 1457 Bill Analysis, Sen.Ca.Gov

A 62-year-old woman who was mauled by three bull mastiffs while walking in a neighborhood last year has filed an Orange County, California dog mauling lawsuit against Orange County Animal Care Services and the city of Laguna Hill. Dr. Elaine Christian, an ophthalmologist, claims the county and the city had received other complaints about the three dogs prior to the December 18 California dog attack but they failed to act to protect her.

Per her Laguna Hills dog bite lawsuit, three dogs attacked Christian while she was walking in her mother's neighborhood. One neighbor tried to get the dogs off her and even threw himself over her neck and head to save her life. Another neighbor started hitting the dogs' heads with a shovel to get them to stop attacking Christian.

The dogs eventually stopped their attack and walked back to the home of their owner, Leslie Rodriguez. Police used pepper spray and a Taser to apprehend the dogs. They were later euthanized.

As a result of the Orange County, California dog mauling, Christian says she sustained serious emotional and physical injuries and, for a while, was unable to work.

Dog attacks can result in serious injuries for victims, who may be entitled to Orange County, California personal injury recovery.

Earlier this month, a 70-year-old woman suffered a heart attack after two dogs attacked her in her neighborhood. Mary Garcia sustained injuries on her leg, face, and arm when a boxer mix and a bull mastiff-pit bull bit her.

Garcia was reportedly locking her car when the dogs ran toward her and attacked. They had escaped through a fence. Neighbors tried to fight of the dogs to rescue Garcia, who they say was smaller than the dogs when the animals stood on their hind legs. Garcia's great-grandson, 2, reportedly saw the attack and said the animals "ate grandma."

Woman mauled by 3 bull mastiffs sues county, city, OC Register, October 16, 2009

Adams woman, 70, attacked by 2 dogs, Denver Post, October 4, 2009

Related Web Resources:
California Dangerous Dog Provisions, Animal Legal and Historical Center

Orange County Animal Care Services

City of Laguna Hills

Metrolink has agreed to settle for $30 million the majority of the 150 California train crash lawsuits that were filed against it over the catastrophic 2005 Glendale train accident. The remaining train collision lawsuits--about a dozen of them--are expected to be resolved before the end of the year. Any Metrolink lawsuits over the 2005 crash that are not resolved will go to trial in 2010.

11 people died and approximately 180 others were injured on January 26, 2005 when Juan Manuel Alvarez parked his jeep on train tracks and poured gasoline inside his vehicle in what he claims was a suicide attempt. He says that he had a change of heart at the last minute but couldn't get his vehicle off the tracks so he left it there.

The three-car train crashed into Alvarez's vehicle and derailed, causing the lead car to ram into an idle freight train, jackknife, and crash into a passenger train that was headed in the other direction.

The settlement amounts are substantial for some of the plaintiffs. The heirs of two Los Angeles wrongful death lawsuits will get $3.5 million per claim. Another California injury case settled for $5 million. One Los Angeles train crash case settled for $3.8 million. Many of the other victims received under $50,000.

Plaintiffs' lawyers have argued that the catastrophic train accident could have been avoided if Bruce Gray, the train engineer, had applied the emergency brakes when he saw, per his testimony, what looked like the reflection of an auto on the tracks about 3/4ths of a mile ahead. Meantime, Alvarez has been sentenced to life in prison for his conviction on 11 first-degree murder counts.

The 2005 Glendale train accident was considered the deadliest US railroad crash since 1999. That is, until 2008, when 25 people died and 135 others sustained injuries in a Metrolink train crash in Chatsworth.

Metrolink pays out $30 million in 2005 crash settlements, Los Angeles Times, October 15, 2009

Metrolink Lawsuit Settlement Reached, My Fox LA, October 14, 2009

Related Web Resources:

Metrolink

Federal Railroad Administration Office of Safety Analysis

In Los Angeles County, Cedars Sinai officials have announced that over 200 patients who underwent CT brain perfusion scans to diagnose strokes were exposed to very high doses of radiation. Over an 18-month period, 206 patients were given eight times the dose that is usually administered during this procedure.

Approximately 40% of the patients who were given the radiation overdoses lost patches of hair. Fortunately, the hair loss seems to be temporary.

Using radiation during a CT scan lets doctors obtain more detailed information. However, excessively high doses can result in radiation poisoning and even cancer. If you believe that you were exposed to high levels of radiation that made you ill, an experienced Los Angeles County medical malpractice lawyer can help you consider your legal options.

The radiation overdoses appear to have been caused by a computer-resetting mistake on the part of the hospital. A "misunderstanding about an embedded default setting" led to "higher than expected" radiation, reported Cedar Sinai officials.

The hospital, which had stopped the scans while it figured out what was causing patient hair loss, has restarted the procedures. Double checks and additional protocols have been instituted to make sure no radiation overdoses happen again.

The Food and Drug Administration is calling on radiologists, CT facilities, emergency physicians, neurosurgeons, neurologists, medical physicists, radiologic technologists, and radiation safety officers to check their own protocols for conducting CT scans to make sure this problem isn't happening elsewhere.

Cedars Sinai has recently come under fire for a number of high profile Los Angeles medical malpractice mistakes. Just last August, a jury awarded $7.3 million to the family of 5-year-old Paris Campen who sustained brain damage because the hospital failed to diagnose and treat him for meningitis.

Last December, movie star Dennis Quaid and his wife reached a $750,000 California medical malpractice settlement agreement with Cedars Sinai over their newborn twins' heparin overdose. In June, the twins settled their medical medical malpractice lawsuit involving injuries to minors against Cedars Sinai for $250,000 each.

Related Web Resources:
Safety Investigation of CT Brain Perfusion Scans: Initial Notification, FDA, October 8, 2009

Cedars-Sinai says error led to radiation overdoses on stroke patients [Updated], Los Angeles Times, October 12, 2009

Related Web Resources:
Cedars Sinai

US Food and Drug Administration

Police are trying to figure out how two people died and 19 others fell ill while in a sweat lodge at the Angel Valley Spiritual Retreat on Thursday. The two people that died were 38-year-old Kirby Brown and 40-year-old James Shore. The two victims, along with other participants, were attending the "Spiritual Warrior" program run by James Arthur Ray, a self-help expert based in Southern California. Program participants paid over $9,000 each.

Up to 65 people may have been in the lodge for the purification ceremony, which lasted a couple of hours. According to Native American traditions expert Joseph Bruchac, who is quoted in the New York Times, there are usually only about 8 - 12 people at a time in a sweat lodge.

On average, the lodge is about four and a half feet tall. Water is poured on hot rocks and participants' bodies are supposed to undergo a cleansing while in the lodge. Bruchac says that sweat lodge ceremonies usually last no more than an hour.

Investigators have ruled out carbon monoxide poisoning as a cause of death. According to Yavapai County sheriff Steve Waugh, lodge participants fasted for 36 hours until early Thursday morning when they ate a breakfast buffet.

The other people who were taken to the hospital were suffering from a variety of conditions, such as elevated body temperature, kidney failure, and respiratory arrest.

Police are trying to determine whether criminal charges should be filed against anyone.

Personal Injury
Premise owners and supervisors, as well as those in charge of running or supervising an event on a property can be held liable for premises liability, personal injury or wrongful death if a dangerous or hazardous condition on a premise caused the injury or death. Negligent or careless or reckless actions by those in charge of a property or event can also lead to a civil suit against the responsible party.

You can find out if you have grounds for an Orange County, California personal injury claim or lawsuit by speaking with an experienced Anaheim injury law firm.

2 dead after hours in Ariz. sweat lodge identified, Associated Press/Google, October 10, 2009

Questions About 'Sweat Lodge' Rite Where 2 Died, New York Times, October 10, 2009

Related Web Resources:
James Arthur Ray

Angel Valley Spiritual Retreat

The parents of Kimberly Anne Downes are suing the California Department of Transportation for wrongful death. Downes, a 22-year-old Costa Mesa resident, sustained fatal injuries on February 13, 2009 in Diamond Bar on SR-60.

Downes, whose vehicle had overturned in the high-occupancy vehicle lane, was fatally struck after she got out of her vehicle. Drivers Holly Ann Lee and Victoriana Vazquez are also defendants in the Diamond Bar car crash lawsuit. Lee struck Downes's car after it overturned while Vazques struck the 22-year-old.

Downes' parents, Myung Sun Kim and James R. Downes, are accusing Caltrans of failing to meet its obligation to provide a safe public roadway. They say the lighting on the HOV lane was not activated at 3:30am--the approximate time when the deadly Los Angeles car accident happened. The plaintiffs say that Caltrans failed to conduct routine inspections of the lighting on the Pomona Freeway and failed to warn motorists about the fact that the excessively dark conditions could prove dangerous.

Their Los Angeles County wrongful death complaint contends that poor line-of-sight visibility due to an overpass and the darkness prevented the other two drivers from avoiding their daughter's car accident site. The plaintiffs are accusing Lee of drunk driving, driving at an unsafe speed, and reckless and careless operation of her vehicle. They say that Vazquez was driving at an unusually fast speed.

Caltrans Claims and Lawsuits
Caltrans is tasked with designing, planning, building, repairing, overseeing, and maintaining all of California's freeways and highways. This means that if any hazardous condition on one of these roads contributes to causing an Orange County, California car accident, a Riverside County truck crash, a San Bernardino County motorcycle collision, or a Los Angeles County pedestrian accident and Caltrans had constructive or actual notice that would have allowed for it to take preventive measures before the traffic collision happened, the injured party and his or her family may have grounds for filing a California injury lawsuit.

Pomona Freeway crash victim identified, LA Times, February 13, 2009

Related Web Resources:
California Department of Transportation

Car Accidents, Proving Fault, Nolo

A woman who says that Newport Beach police beat her is asking Orange County Superior Court to let her file a lawsuit for damages because she missed the deadline while undergoing the psychiatric care she required because of the alleged beating. She previously filed a $15 million police brutality lawsuit against the city in federal court over the same incident.

Suzanne Abrams says that on April 4, 2007, she called Newport Beach police to ask for help after she was raped. When they arrived at her Little Balboa Island home, they knocked her off her porch and beat her. Abrams says the Newport Beach police brutality incident left her incapacitated and she is still receiving treatment for post-traumatic stress.

Carol Lindquist, Abrams' psychologist, says that while her patient cannot remember the actual attack, watching video footage of the incident distresses her. Lindquist says she has treated Abrams for insomnia, depression, stress, anxiety, headaches, fear, and family issues.

In another Orange County, California police brutality case accusing Newport Beach cops of excessive use of violence, Angela and Eric Padgett are suing the city for $1 million each. They say that three police officers falsely imprisoned them without cause when they arrived at their residence to respond to a call about a family dispute.

The Padgetts claim police physically assaulted them for no reason, inflicting emotional and physical pain. The couple was eventually set free and no criminal charges were filed against them. They are seeking Orange County, California police brutality compensation for income loss, medical bills, legal fees, and property damage.

Police dispute their account. They claim they detained Eric because he was initially uncooperative.

Orange County, California Police Brutality
Police violence is a crime and a violation of a person's civil rights. Unfortunately, many people don't realize that they were the victims of police brutality. There are ways to hold the officers involved accountable for their behavior.

Couple suing Newport, Daily Pilot, September 22, 2009

Woman who fought cops seeks damages, Daily Pilot, October 7, 2009

Related Web Resources:
Newport Beach Police Department

Epidemic Of Police Brutality Sweeps America, Jones Report, September 21, 2007

According to a wrongful death claim filed against Newport Beach, 83-year-old Marvin Neben died because he fell off his scooter when one of the motor vehicle's wheels drove into a hole in a patch of grass that the city was responsible for maintaining.

Neben, who was tossed onto the concrete after the scooter flipped over, died 10 days following the April 25 fall accident. His death certificate states that the 83-year-old died from coronary artery disease, with pneumonitis as a contributing factor.

This type of claim is a precursor to filing a wrongful death lawsuit against the city of Newport Beach.

A California municipality can be held liable for personal injury or wrongful death if the city's negligence contributed to the accident in some way. For example, a plaintiff might sue a city because a catastrophic car accident occurred due to a faulty traffic light, debris on the roadway, or a defectively designed road. A slip and fall accident on an uneven sidewalk or a staircase without a handrail located in a public building can also be grounds for an injury lawsuit against a municipality. Victims of police brutality who opt to file a personal injury lawsuit are likely to name the police department and its city as defendants.

California Premises Liability
Public and private property owners are responsible for making sure that the premises they oversee are free from hazards or defects that can cause injuries or deaths. Cities are often responsible for maintaining parks, roads, buildings, public swimming pools, and other public premises.

The best way to ensure your chances of receiving the maximum financial recovery possible is to work with an experienced Newport Beach injury law firm. Your Orange County, California injury lawyer will know how to investigate your case and make sure that the proper procedures are followed when filing your claim or lawsuit. There may be more than one party that can be held liable for your wrongful death case.

City blamed for 83-year-old's fatal fall from scooter, OC Register, October 5, 2009

Related Web Resources:
City of Newport Beach, FAQ's

Premises Liability, Justia