April 2010 Archives

California Wrongful Death: Family of Truck Driver Killed When His Big Rig Plunged Off Bay Bridge File Claim Against the State and Caltrans

April 30, 2010,

The family of Tahir Sheikh Fakhar has filed a wrongful death claim against the state of California and Caltrans. Fakhar, a truck driver, died on November 9, 2009 when his large truck went over the Bay Bridge after hitting the S-curve and striking a 3-foot guardrail. His big rig flipped over before falling 200 feet and landing on Yerba Buena Island. The trucker was killed instantly.

Fakhar's family contends that because Caltrans did not have adequate signage and signals to properly warn drivers of the hazards on that portion of the bridge, the S-curve formation is poorly designed and too sharp for drivers to safely maneuver, and the guardrail wasn't high enough to prevent the big rig truck from going over.

While the California Highway Patrol claims that the truck driver was driving around the S-curve at 50 mph instead of 35 mph, the family's California wrongful death lawyer says that regardless of whether or not Fakhar had been speeding, the roadside barrier erected on the bridge was "ineffective."

Following the truck driver's death, Caltrans installed rumble strips, signs, and increased police patrols. Over 1500 CHP officers have been tapped to patrol that portion of the bridge. Caltrans has also closed down some lanes so that drivers are forced to slow down.

Prior to filing a California wrongful death lawsuit, the family's attorney has to file a claim with the Victims Compensation and Government Claims Board. Their lawyer intends to file separate claims for Fakhar's widow and his two adult sons. The board has 45 days to turn down or accept the wrongful death claim. After that, the family can submit their California wrongful death complaint.

Fakhar's tragic California truck crash was the 47th motor vehicle accident on the S-curve in the 59 days since its installation.

Truckers as Truck Crash Victims
Truck drivers can also be the victims of trucking collision. While an injured truck driver or the family of a trucker killed in a truck crash likely cannot sue his/her employer for personal injury or wrongful death, the injured driver may be able to file an Orange County, California truck accident lawsuit against liable third parties.

Attorney for trucker who careened off Bay Bridge says he will sue state, Mercury News, April 29, 2010

Special Report: Is Bay Bridge S-Curve Crackdown Working?, KTVU, April 29, 2010

Family sues Calif., Caltrans for wrongful death, ABC Local, April 28, 2010


Related Web Resources:
California Department of Transportation

Bay Bridge

Orange County Settles California Police Brutality Claim by Inmate for $750,000

April 29, 2010,

Orange County, California has paid $750,000 to Orange County inmate Matthew Ryan Fleuret who was wearing handcuffs when deputies shocked him more than once with a stun gun and kneed him in the head in 2006. In his Orange County personal injury claim, Fleuret alleged excessive use of force by the deputies.

Deputies had accused Fleuret, who was being held in jail after his arrest during a bar fight, of being drunk and "uncooperative." However, while video footage shows the then 24-year-old detainee trying to get out of a cell, several deputies are also seen tackling him to the floor and violently restraining him. Fleuret was even strapped to a restraining chair while a mask was placed over his face. According to Fleuret's Orange County, California injury lawyer, deputies stunned him, 11 times.

This is not the only time that Orange County, California deputies have been accused of police brutality. Footage of Another jailhouse Taser incident shows a woman in "wristlocks" being stunned on the back with a Taser. While a jury did not find that deputies employed police brutality against Lisa Munoz, they nevertheless awarded her $25,000 for battery.

In August 2008, the police department changed its policy, preventing cops from stunning prisoners while they were secured/handcuffed.

The US Justice Department is now investigating whether Orange County jails have engaged in a pattern of civil rights violations, including the use of excessive police force and failure to protect inmates. For example, inmate John Derek Chamberlain was murdered by other inmates in 2006. The fatal assault occurred less than 70 feet from the guard station. A special grand jury heard testimony from people claiming that deputies at Theo Lacy Jail engaged in rampant police misconduct, such as watching TV rather than observing the inmates, sleeping while on the job, and failing to make their rounds.

Orange County, California Police Brutality
Police officers are not allowed to use excessive force unless absolutely warranted. It doesn't matter whether you were arrested or convicted for a crime. Officers must still uphold your civil rights and refrain from inflicting any harm on you or allowing others to hurt you.

Former inmate gets $750,000 in use-of-force settlement, OC Register, April 29, 2010

$750,000 is Magic Number for County of Orange Check Writers, OC Weekly, April 29, 2010


Related Web Resources:
County Correction Facilities & Jails, Orange County

Police Use of Force, Department of Justice

Residents' Families Sue Santa Ana Nursing Home for Negligence and Neglect

April 28, 2010,

The families of Barbara Lefforge and TJ Jackson are suing assisted living facility Subacute & Rehabilitation Center and its owner Covenant Care for Santa Ana nursing home neglect and negligence. Meantime, the defendants' attorney maintains that his clients are not to blame for Lefforge's California personal injuries and Jackson's wrongful death.

On her first day at the Southern California nursing home last September, Lefforge, who was there to recover from foot surgery, was given a morphine overdose that caused her to suffer brain damage. The dosage, which was for 50 mg of Demerol instead of 50 mg of morphine, had been wrongly prescribed by Dr. Wesley Kobayashi. The podiatrist, however, says that the dosage was a recommendation and not a prescription.

Lefforge's Orange County, California nursing home negligence complaint contends that the facility's admitting doctor and medical director should have caught the medication error--especially as the pharmacy had cautioned that the dose was too much. Her nursing home neglect lawsuit claims that after she overdosed, the nursing home failed to properly monitor her and she wasn't treated for her brain injury until the following day.

In the Santa Ana wrongful death lawsuit filed by Jackson's family, workers at the assisted living facility are accused of allowing the then 83-year-old patient to starve, become dehydrated, and sustain an infection that lead to blood poisoning, kidney failure, and death.

Nursing Home Neglect
Failure to provide nursing home residents the nursing care and medical attention that they need can prove detrimental. It is a good idea to explore your legal options with a >Santa Ana, California nursing home abuse and neglect law firm.

The OC Register reports that Covenant Care's nursing homes are among the hundreds of California facilities that the state has given $880 million in additional compensation so that they could add more nursing home workers and pay them better. California Watch, however, is reporting that even with the additional funding, 232 of the nursing homes not only allowed nursing ratios to drop below the state minimum, but they also cut staff members.

After receiving state bonuses, Santa Ana home cut care, OC Register, April 19, 2010

Nursing homes received millions from California taxpayers while cutting staff, services, SJ Mercury News/Covenant Care, April 18, 2010

Related Web Resources:
Covenant Care

California Nursing Home Directory

Actor Files Los Angeles Personal Injury Lawsuit Against Academy of Motion Pictures Arts and Sciences for $50M

April 27, 2010,

Actor Michael Avila is suing the Academy of Motion Pictures Arts and Sciences for Los Angeles personal injury. He is claiming that he and his wife Mandy were falsely imprisoned, which resulted in bodily injuries, mental anguish, emotional distress, physical distress, and humiliation. Avila and his wife are seeking exemplary and punitive damages.

Michael claims that his publicist told him he could pick up his tickets for the Academy Awards ceremony on March 7 once he was inside the venue. However, when he and his wife showed up on the red carpet without tickets, they were ushered to an AMPAS Detention Center where they were held and questioned. It wasn't until six hours later that they were moved to a police station and released. No criminal charges were filed against the couple.

According to their Los Angeles injury complaint, the couple was never arrested, read their rights, or allowed to contact a lawyer so that they could understand why they were being held without their consent. In addition to physical injuries, the plaintiffs say that they suffered injury and shock to their nervous system.

Los Angeles Personal Injury
There are many reasons why an injured person or the family of someone who has died may have grounds for suing a responsible party for personal injury. Depending on the circumstances surrounding an accident, Los Angeles County personal injury lawsuits can be filed over:

• Inadequate security
• Medical malpractice
• Civil rights violations
• Products liability
• Police brutality
• Truck accidents
• Motorcycle crashes
• Pedestrian accidents
• Medical malpractice
• Wrongful death
• Slip and fall injuries
• Nursing home violence
• Nursing home abuse
• Nursing home neglect
• Violent crimes
• Dog bite injuries
• Injuries to minors
• Traumatic brain injuries
• Inadequate security
• Drowning accidents
• Spinal cord injuries

The Academy is countersuing Avila.

Actor Sues Academy, Claims False Imprisonment, ABC News, April 26, 2010

Actor Demands $50 Million for Ticket Snafu, Courthouse News Service, April 27, 2010


Related Web Resources:
Academy of Motion Pictures Arts and Sciences

Personal Injury, Justia

Costa Mesa Driver Who Was Texting Sentenced to Four Years in Prison Over Fatal Newport Beach Pedestrian Accident

April 24, 2010,

Martin Burt Kuehl, the 42-year-old Costa Mesa driver who fatally struck 32-year-old Martha Ovalle as she was crossing a street on August 29, 2008, has been sentenced to four years in prison. As our Orange County, California personal injury lawyers reported in an earlier blog post, Kuehl, who prosecutors say was texting while driving when the Newport Beach pedestrian accident happened, was convicted of one felony count of vehicular manslaughter.

Ovalle, who was a nanny, was crossing the street at the intersection of Buckingham Lane and Westcliff Drive when she was struck by Kuehl's SUV. She was thrown some 72 feet and died from blunt force injuries. She was pronounced dead at the Newport Beach car accident site.

Kuehl was reportedly driving at a speed of 35 mph. While his criminal defense attorney maintained that there was no evidence that Kuehl was texting right before the Newport Beach traffic accident happened, prosecutors maintain that he had a clear view of the crosswalk and enough time to notice Ovalle if only he had been looking up. Kuehl's cell phone records indicate that he sent and received texts right before 911 started receiving phone calls about the catastrophic pedestrian accident.

Kuehl, who has served time in prison before for theft crimes, pleaded with the judge not to send him back behind bars.

Orange County, California Traffic Accidents

Ovalle is just one of many people whose lives have been lost because a motorist was talking on the phone or texting while driving. While many people don't fully comprehend that these two seemingly harmless activities can prove fatal, the injury and death figures from distracted driving are indisputable. Motorists who are involved in an Orange County, California car crash because they were distracted in some way are engaging in negligent driving and they can be held responsible in criminal court and in civil court.

Man gets 4 yrs. for deadly texting accident, ABC 7, April 9, 2010

Texting driver gets four years in prison, OCLNN, April 9, 2010


Related Web Resources:
Orange County, California Distracted Driving Accident: Costa Mesa Driver Found Guilty in 2008 Newport Beach Car Crash that Killed Nanny, California Injury Lawyers, February 19, 2010

Distracted Driving, Distraction.gov

Two Riverside County Men Settle Their Los Angeles Inadequate Security Lawsuit Over Injuries Sustained During 2007 Ozzfest Concert

April 22, 2010,

Stephen Holloway and Michael McClelland have settled their Los Angeles personal injury lawsuit against Contemporary Services Corp. of Northridge, Live Nation Worldwide Inc., and Pavilion Partners Limited. Holloway and McClelland, who are both from Riverside County, had filed their Los Angeles inadequate security complaint in January 2008 for injuries they sustained at the July 2007 Ozzfest concert in Devore.

The plaintiffs claim that the security guards at the concert were "too young" and did not have the proper training to work as security guards at the heavy metal concert, which had been founded by Ozzy Osborne and his wife Sharon. Holloway says that he was attacked by several assailants while at the Glen Helen Pavilion. They grabbed his hair, kicked his face, and broke his jaw. He contends that the security guards at the concert told him and his girlfriend to leave and they refused to write a report about the alleged attack.

McClelland says that he sustained lacerations, bruises, and broke his jaw during a similar attack. He claims that when security at the concert was notified about the assault, they didn't want to get involved because they deemed the situation to be too dangerous.

The plaintiffs say that they did nothing to provoke the attacks. They also contend that prior to the assaults on them, security had known about other attacks that had already occurred to other Ozzfest attendees.

Los Angeles Inadequate Security Lawsuits
If you were a victim of a violent crime on someone else's property or at an event that you attended, you may have grounds for filing a Los Angeles premises liability lawsuit. Premise owners and event supervisors are supposed to make sure that there is adequate security on a property so that patrons, guests, residents, and visitors aren't assaulted, raped, robbed, or murdered. Failure to provide adequate security measures--especially if there was prior knowledge about past criminal activities on the premise--can be grounds for a Los Angeles personal injury lawsuit.

Examples of some of the safety measures a property owner or event supervisor may want to implement to provide the proper protections and ward off inadequate security cases (This will vary, depending on the premise and/or event):

• Security cameras
• Security personnel
• Secured gates
• Surveillance cameras
• Alarm system
• Doors and windows that are properly secured
• Adequate lighting
• Gated entryways
• Security screening systems and procedures

Settlement reached in lawsuit over injuries suffered at Ozzfest, Mydesert.com, April 21, 2010

Related Web Resources:
Premises Liability, Justia

Ozzfest

Mexican Man's Los Angeles Sex Abuse Lawsuit Accuses Cardinal Roger Mahoney Of Conspiring to Cover Up for Priest

April 20, 2010,

A Mexican national has filed a Los Angeles County sex abuse lawsuit seeking damages for the molestation he allegedly suffered at the hands of Father Nicolas Aguilar Rivera. Although allegations of sex abuse have followed Aguilar since the 80's, he was only defrocked last July.

The victim claims the alleged sex abuse incidents happened in the late 1980's. He is accusing Los Angeles Archbishop Cardinal Roger Mahoney and Mexico City Cardinal Norberto Rivera Carrera of covering up the alleged sex acts committed by Aguilar Rivera in an attempt to protect the Catholic Church from scandal. Rivera Carrera had asked Mahoney to place Aguilar Rivera in an LA ministry following an incident in Mexico involving boys who were beaten as punishment during an overnight stay in the Diocese of Tehuacan rectory.

Within nine months of arriving in the US, LA police had 26 reports of sex abuse involving the Mexican priest. Aguilar River may have abused up to 60 boys in Mexico.

The plaintiff is just one of a number of people to seek Los Angeles personal injury compensation for Aguilar Rivera's alleged sex abuse crimes and the church's failure to protect the victims and stop the priest from continuing to molest more people. Now age 25, the plaintiff is the first person known to employ the Alien Tort Claims Act of 1789 to seek a jury trial and request compensation for crimes that were committed abroad.

The Aguilar Rivera is currently a fugitive in Mexico.

Los Angeles Sex Abuse Lawsuits
It is mind-boggling to think of the number of people that have been the victims of clergy sex abuse over the years. For the hundreds of people that have stepped forward to seek personal injury compensation and/or tell their story, there are hundreds more that have chosen to remain silent or have yet to remember what happened to them.

Sexual abuse or assault of any kind is a violent crime that is punishable under law. The plaintiff may also be able to seek Los Angeles injury compensation for physical, emotional, and mental injuries, and other damages.

Mexican man who says he was raped by priest files lawsuit naming Mahony, Mexican cardinal, Los Angeles Times, April 20, 2010

Attorneys Sue LA, Mexico City Cardinal Over Abuse, Associated Press, NY Times, April 20, 2010


Related Web Resources:
Archdiocese of Los Angeles

Alien Tort Claims Act, Global Policy Forum

Preventing Auto Products Liability: Toyota Verifies Safety Problem with 2010 Lexus GX460 SUV Following Rollover Allegations by Consumer Reports

April 18, 2010,

Toyota says it experienced the same problem with its 2010 Lexus GX460 SUV that prompted Consumer Reports to issue a rare "Don't Buy" warning to car shoppers. The automaker is in the process of determining what to do about this safety issue.

Already, Toyota has temporarily suspended the sale and manufacture of the GX40 in the wake of concerns brought forth by the popular magazine. The car manufacturer, which has come under fire for waiting too long to act after finding out about the unintended acceleration problems, immediately set about trying to replicate the magazine's findings.

Consumer Reports, known for its vehicle tests and reviews, said that the vehicle's back slid out too far during sharp turns when taken for a test run under simulated conditions. Ideally, the vehicle's electronic stability control is supposed to keep the vehicle from rolling over, but Consumer Report says that during testing, the GX 460 was almost sideways before its ESC responded to remedy the situation.

Another major auto defect is the last problem Toyota needs right now. Last week the automaker recalled 870,000 Sienna minivans (600,000 in the US and 270,000 in Canada) over a corrosion issue that can happen after long-term exposure to road salt, which may cause the spare tire to come off the vehicle and drop onto the road.

The automaker is still dealing with the fallout of recalling over 8 million vehicles in recent months because of brake problems, ill-fitting floor mats, gas pedal problems, and unintended acceleration issues. Dozens of plaintiffs have stepped forward to file auto products liability complaints and wrongful death lawsuits over the defects that have caused catastrophic injuries and killed a number of people. The Us Department of Transportation fined Toyota $16.4 million for its delayed response to the sudden acceleration problems.

Toyota Agrees Lexus S.U.V. Has Problem With Handling, NY Times, April 16, 2010

Toyota conducts safety tests on all SUV models, AP, April 15, 2010

Toyota recalls 870,000 more vehicles amid cable concerns, Financial Times, April 19, 2010


Related Web Resources:

Don't Buy: Safety Risk--2010 Lexus GX 460, Consumer Reports, April 13, 2010

Rollover: The Hidden History of SUV, PBS.org

Continue reading "Preventing Auto Products Liability: Toyota Verifies Safety Problem with 2010 Lexus GX460 SUV Following Rollover Allegations by Consumer Reports" »

Silver Lake Man Files Los Angeles County Wrongful Death Lawsuit Against Torrance Restaurant and Benihana After Wife Dies in Drunk Driving Accident

April 15, 2010,

Albert Chris Hanley has filed a Los Angeles County wrongful death lawsuit against RA Sushi and its parent company Benihana. Hanley's wife Drean, 59, sustained massive internal injuries, a spinal cord injury, became paralyzed, broke several ribs, and fell into a coma before dying seven days after the July 2, 2009 Torrance car crash. Hanley is seeking to hold the defendants financially liable for allegedly serving alcohol to a minor and letting him drive off drunk.

Paul Kyu Kim, 20 is accused of driving at speeds as high as 100 mph on the Long Island Freeway before rear-ending Drean's vehicle, which caused it to strike the concrete center divider. Kim has been charged with driving with a BAC of .08% or greater and driving under the influence causing injury. He has pleaded not guilty to the criminal charges. His criminal trial is scheduled to take place next month. If convicted, Kim faces a 10-year maximum jail sentence.

In his Torrance car accident lawsuit, Hanley accuses the restaurant of repeatedly serving alcohol to Kim even though he is underage. The complaint contends that even though the driver showed signs of being drunk, including glassy or bloodshot eyes, messy appearance, impaired judgment, and difficulty walking straight, none of the restaurant's employees prevented him from getting into his vehicle.

Los Angeles Drunk Driving Accidents
Drunk drivers usually have poor reflexes, may not even be aware that they are speeding or following too closely, and often don't realize that they are about to be involved in a Los Angeles car accident until it is too late. Drunk driving is illegal and can be grounds for both a criminal case and a civil case against the negligent driver. There also may be other parties that should be held liable for your drunk driving injuries, which is why it is a good idea to consult with an experienced Los Angeles injury lawyer.

Man files suit against Torrance restaurant after crash kills his wife, DailyBreeze.com, April 14, 2010


Related Web Resources:
Impaired Driving, National Highway Traffic Safety Administration

Mothers Against Drunk Driving

Over 400 Plaintiffs Accuse Los Angeles Count and Exxon Mobil Inc. of Toxin Exposure at Willowbrook Housing Complex that Resulted in Deaths, Injuries, and Health Issues

April 14, 2010,

Over 400 people are suing LA County and Exxon Mobil Inc. of Los Angeles wrongful death and personal injuries. The plaintiffs are former residents of the Ujima Village housing complex and the surviving family members of those that died from toxin exposure.

At least 38 deaths are being linked to gas and oil contamination, which caused vapors and made the soil toxic. Plaintiffs say that toxin exposure at the 300-unit complex caused rashes, cancers, asthma, miscarriages, and other health issues. They are seeking damages for wrongful death, personal injury, medical bills, back rent, and other damages and losses. They content that no one ever told them that they were living on contaminated land or that the soil and vapors might pose a health hazard.

The Willowbrook complex was constructed in 1972 on what used to be an oil tank storage site. LA County closed the housing complex in 2008. Exxon Mobil says that it didn't learn that there could be a problem with the soil condition until 2007 and that it has been working with numerous state and local agencies to conduct an environmental probe. The company says that regulators have determined that the toxins don't pose an immediate public health threat.

If you became ill or suffered other types of health issues because you were exposed to toxins or other hazardous substances, you may have grounds for filing a Los Angeles County personal injury or wrongful death complaint. You may even find that other people also have suffered as a result of the same exposure.

In addition to the party responsible for the toxic substances, you may also be entitled to file a toxic injury claim against a premise owner and other liable parties.

Suit blames deaths on housing site in LA County, Associated Press, April 13, 2010

Hundreds sue L.A. County over Ujima Village contamination, Los Angeles Times, April 12, 2010

Related Web Resources:
Los Angeles County

Exxon Mobil Inc.

La Habra Wrongful Death: Family Turns Down $100,000 Support for Child of Couple Killed in Car Crash

April 13, 2010,

It's been one year since Susanne and Charles Antuna were killed in a La Habra car crash involving a police car responding to a call. Now, after family members turned down an Orange County, California wrongful death settlement and a $100,000 offer of financial support for the couple's youngest child, who is a minor, the civil trial will go forward.

Susanne, 54, and Charles, 55, died on April 5, 2009 after Officer Nancy Garcia, who was driving a La Habra police car, hit their Chrysler PT Cruiser. A CHP report states that the lights and siren on Garcia's car were activated when it struck the couple's vehicle at a speed of at least 62 mph.

In January, the Antuna's children sued the city of La Habra for Orange County, California wrongful death. They accused Officer Garcia of willfully and consciously disregarding the safety of others on the road with him.

Last September the California Highway Patrol recommended that prosecutors charge Garcia for vehicular manslaughter. To date, no charges have been filed.

Car Crashes Involving Police Vehicles
Just because a police officer is responding to a call, in the middle of a police pursuit, or heading to an emergency site doesn't mean that the cop can disregard the safety of others. There are procedures and protocols that must be followed in order to minimize the chances of causing an Orange County, California pedestrian accident or car crash.

Unfortunately, Orange County, California traffic crashes involving police officers responding to a call or who are in the middle of pursuing a suspect are not as uncommon as we would like to think. The consequences for those involved in the chase or for those that happen to be on the road at the time can be catastrophic.

A few common causes of car accidents involving a police vehicle:

• Failure to obey safety protocols when rushing to a scene
• Speeding
• Distracted driving
• Disregarding traffic laws

Family rejects $100k offer in fatal police crash, OC Register, April 8, 2010

Suspect in Foot Chase Blamed for Couple's Death in Crash, NBC Los Angeles, January 7, 2010


Related Web Resources:
La Habra Police Department

Wrongful Death Claims, Nolo

Orange County, California Nursing Home Negligence Lawsuit Blames Orange Assisted Living Facility for 77-Year-Old's Wrongful Death from Fall Accident

April 9, 2010,

The daughters of Oliver J. Shrock are suing Kindred Healthcare Operating Inc. and Kindred Nursing Centers West LLC for Orange, California nursing home neglect. The 77-year-old assisted living facility resident died on July 18, 2009 from injuries he sustained during a fatal fall accident.

Deborah Anne Whitman and Kathleen S. Sakoguchi are seeking unspecified damages. According to their Orange, California wrongful death lawsuit, their father, who was suffering from coronary artery disease, diabetes, and hypertension, lived at the nursing home from May 10 to July 14, 2009. Assisted living facility workers knew that Shrock was susceptible to fall accidents and needed nursing assistance for almost all of his needs.

Soon after being admitted to the long-term care facility, Schrock fell but did not sustain serious injuries. The nursing home installed a bed alarm and placed mats on the ground. However, Sakoguchi contends that these safety measures weren't always in place.

Schrock fell on July 14 as he was getting ready to go home. A nursing assistant found him on the ground and his head was bleeding. The 77-year-old patient had sustained fatal head injuries and died four days later.

The plaintiffs are accusing the assisted living facility of failing to do enough to prevent their dad from falling. They also contend that nursing home workers did not keep their father clean and dry, which resulted in bedsores.

The state of California issued an "AA" citation--the worst violation that can be issued to a nursing facility--against the Orange nursing home over Schrock's death and ordered the facility to pay an $85,000 fine.


Nursing Home Falls
Common causes of Orange County, California fall accidents at assisted living facilities include:

• Inadequate staffing
• Poorly trained workers
• Wet or slippery floors
• Inadequate lighting
• Incorrect bed height
• No bedrails
• No wall rails
• Overmedicated residents
• Failure to help residents get out of bed, go to the bathroom, sit in their wheelchair
• Failure to activate bed alarm
• Call buttons that don't work

Fall accidents can lead to broken bones, fractured hips, spinal cord injuries, traumatic brain injuries, back injuries, and other personal injuries. Older and/or sick people tend to recover from fall accidents more slowly than their younger counterparts and are at higher risk of infections, permanent injuries, and death.

Nursing home in Orange sued over man's death, OC Register, April 8, 2010

Family of man who died from fall at Orange nursing home sues operators, 89.3, April 8, 2010


Related Web Resources:
What Causes Falls in the Elderly?, AAFP.org

Prevent Falls for the Elderly, ABC News, November 4, 2008

California Department of Public Health

Another Orange County, California Injury Claim Filed Against Huntington Beach Over Alleged Sex Assault and Abuse by Huntington Beach Police Officer James Roberts III

April 7, 2010,

Another woman who says Officer James Roberts III sexually assaulted her has filed a Huntington Beach injury claim against the city. Aileen Mignosa says she is an ex-girlfriend of the cop.

In her Orange County, California injury claim, the 27-year-old woman says that she suffered physical injury and emotional distress because Roberts, 33, had verbally, physically, and sexually assaulting her. She is accusing the city of Huntington Beach, its police chief, and a number of cops of trying to cover up the alleged sex abuse. She also claims that the Huntington Beach Police Department and 911 did not respond appropriately to her calls and did not discipline Roberts.

Last November, Roberts's ex-wife, Shannon Roberts, filed a Huntington Beach personal injury lawsuit against the city's police department, Police Chief Ken Small, James Roberts III, his supervisor (who also happens to be his relative), and another cop. Shannon claims that the police department and the cops named as defendants conspired to cover up the sex abuse.

Shannon says that her husband, who she was separated from at the time, began abusing her in June 2007. She says she filed for divorce and moved out of the state to avoid him. While she was away, she says that her husband used a propane tank to destroy personal belonging and furniture.

She also claims that he physically attacked her in front of her son and later raped her during a jealous fit. Shannon says that calls to 911 and police were dealt with in a manner that protected her husband instead of her.

Roberts, who is on paid administrative leave, has now been charged in connection with the alleged attacks against his ex-wife and ex-girlfriend. The initial 17 criminal charges against him included threats, aggravated assault, false imprisonment, domestic battery, vandalism, and dissuading a witness by force. Prosecutors also recently charged him with sodomy by force, spousal rape by force, ad forcible rape.

Not only can you sue for Orange County, California police brutality, but you also can file a personal injury complaint against a police officer and/or his/her police department if police negligence contributed to your injuries or a loved one's death.

Second woman claims abuse by officer, Huntington Beach Independent, March 18, 2010

Police officer accused of sex assaults, OC Register, March 18, 2010


Related Web Resources:
Huntington Beach Police Department

Former Calabasas Worker on Trial for Los Angeles County Elder Abuse

April 5, 2010,

A 21-year-old Reseda man is on trial for seven counts of Los Angeles County elder abuse and one count of torture. Cesar Ulloa is accused of assaulting elderly residents at Silverado Senior Living, a Calabasas retirement home where living costs run at about $70,000/year per resident.

Ulloa, a former low-level caregiver, is accused of targeting victims who were physically unable to report his attacks. During one alleged incident, he jumped off a dresser and landed on both knees on top of the belly of an elderly dementia patient. He also allegedly jumped on a 78-year-old female patient, who is mute because of a brain condition, and body slamming her into a bed.

Ulloa also allegedly punched one wheelchair-bound patient in the stomach. In another alleged assault incident, he took the arm of another wheelchair-bound patient and used it to hit a resident who has dementia in an attempt to goad them into fighting.

Ulloa, who was named Employee of the Month soon after he was hired at the upscale retirement home, came under suspicion when resident Elmore Kittower died in 2007. Someone called Kittower's widow and told her that her husband was beaten to death. His body was exhumed and multiple broken bones and signs of trauma were discovered.

Meantime, Ulloa's criminal defense lawyer claims his client his innocent. The Silverado Senior Living denies any wrongdoing. The high-end retirement home has surveillance cameras in the hallways but not in residents' bedrooms.

Prosecutors said that low-level caregivers generally are high school graduates with only days of training that are paid about $10/hour to care for elderly and ill residents.

California Elder Abuse
If your loved one was the victim of abuse or neglect at an assisted living facility or retirement home, he or she may be entitled to Los Angeles County nursing home negligence compensation. Nursing homes are supposed to make sure that they hire employees that are qualified, properly trained, have the experience to properly care for and treat residents and do not have a violent past. They also are supposed to protect patients from California nursing home abuse or neglect.

Nursing home worker on trial for abuse, UPI.com, March 31, 2010

Brutal abuse at Calabasas retirement home described in testimony, Los Angeles Times, March 30, 2010


Related Web Resources:
Silverado Senior Living

California Advocates for Nursing Home Reform

Elder Abuse, Los Angeles County District Attorney's Office

Continue reading "Former Calabasas Worker on Trial for Los Angeles County Elder Abuse" »

Orange County, California Medical Malpractice?: As Maternal Mortality Rates Go up in California, Study Reveals Most of the Deaths Could Have Been Prevented

April 2, 2010,

The World Health Organization says that there are more woman in the United States dying after giving birth than in 40 other countries. Maternal mortality, also called "obstetrical death," involves a new mother dying within 42 days of giving birth. In 2005, 11 out of 100,000 pregnancies in the US resulted in maternal mortality.

According to a new report commissioned by the California Department of Health, the number of woman that have died from maternal mortality in the state in the last 10 years has nearly tripled from 5.6 fatalities/100,000 births to 16.9/100,000 births in 2006.

Blood clots, deep vein thrombosis, underlying cardiac disease, and hemorrhage are some common causes of maternal mortality. Failure to make sure that all pregnant women, especially those who are poor or uninsured, get the proper medical care is another cause of obstetrical death.

Although maternal mortality is still not considered common, Joint Commission president Mark Chasin says that up to 50% of these deaths could have been prevented. A report by Amnesty International called "Deadly Delivery" says that one in four women in the US don't receive antenatal check-ups, which can determine whether a woman is suffering from birthing complications or other health issues.

A mother might die after childbirth because her medical provider failed to notice important warning signs. In the event that this happens, surviving family members may have grounds for an Orange County, California medical malpractice lawsuit.

The Centers for Disease Control says that obesity, asthma, diabetes, and other health issues can sometimes lead to complications with pregnancy. Public health experts also say that the rise in C-section births--according to the CDC, 31% of moms opt to undergo this procedure--may be contributing to maternal mortality.

If your child or his/her mother died from pregnancy or delivery complications or because the doctor was negligent in providing the proper care, you may have grounds for filing a Orange County, California wrongful death lawsuit.

Having a baby should be a time of joy, not of sorrow. There is no greater loss for a parent than losing a child. For a newborn to lose his/her mother is devastating.

Amnesty report condemns US death rates of women in childbirth, Guardian.co.UK, March 12, 2010

Maternal Mortality Rates Rising in California, Preventing Maternal Mortality, ABC News, March 4, 2010


Related Web Resources:
Maternal Health in the US, Amnesty International USA (PDF)

Maternal Mortality, World Health Organization

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