California Injury Lawyers Blog

Nine months after the disappearance of Mitrice Richardson her mother is suing Los Angeles County and officials from the sheriff's department for California wrongful death and negligence. The 24-year-old woman went missing after she was released from a Los Angeles County sheriff's station.

Latice Sutton says that police should have given her daughter a psychiatric or medical evaluation instead of releasing her daughter into the Calabasas area at around 1am without her car, purse, or cellphone. Sutton is seeking unspecified damages from the defendants.

Richardson was arrested after she didn't pay her bill at Geoffrey's, a Malibu restaurant. Staff there said that she was behaving in a "crazy" manner. While the Sheriff's department claims that Richardson seemed normal and lucid during the several hours she was in custody, Sutton contends that video footage shows her daughter outside the Los Angeles County Courthouse swaying, clinging to the screen of the holding pen, and grabbing her hair.

Sutton says that the main reason she is filing her complaint is that she wants to know more details about what happened the night her daughter was arrested. In her Los Angeles County wrongful death lawsuit, she is alleging that her daughter was unlawfully arrested over the unpaid bill. She says that Richardson's great-grandmother was willing to pay for the restaurant bill and attempted to do so over the phone.

The Sheriff's deputies that came to the restaurant on the night of September 16 reportedly impounded Richardson's vehicle because they found marijuana in it. She was then booked for not paying her bill. After Richardson passed a sobriety test, she was allowed to walk away from the station.

Several massive searches have been conducted since Richardson's disappearance, but she has yet to be found. investigators have determined that Richardson was probably suffering from a severe type of bipolar disorder.

In California, family members and the deceased's estate have two years from the date of death to file their Los Angeles wrongful death complaint.

Missing woman's mother sues Los Angeles County and Sheriff's Department, Los Angeles Times, June 30, 2010

Woman whose daughter disappeared sues county, Contra Costa Times, June 29, 2010

Related Web Resources:
Los Angeles Sheriff's Department

Los Angeles County

Bonnie Jennings has filed a Huntington Beach personal injury claim against the city for her Orange County, California trip and fall accident. The Garden Grove woman claims that she got hurt when she tripped on a raised portion of sidewalk close to Goldenview Elementary School.

Jennings says that the Huntington Beach trip and fall accident occurred on December 18 while she was walking with her granddaughter. While Jennings was able to use her arms to break the fall, she says that she immediately began to experience pain in her upper right arm and that the pain has grown since then.

The 59-year-old woman is seeking $100,000 injury compensation, a motorized scooter, and someone to do the "custodial work" at her residence. She also wants her physical therapy and pain medication bills covered.

As a result of her personal injuries, Jennings says that she experiences pain when she walks, sleeps, does the dishes, washes her laundry, picks up items, and gets dressed. She says her inability to carry out her usual tasks has caused her to feel depressed and she is unable to enjoy the same quality of life.

Trip and Fall
Injuries sustained as a result of Orange County, California slip and fall, trip and fall, and step and fall can be extremely painful and debilitating. Medical, pain medication, and physical therapy bills can be very costly, and the injuries may render the victim unable to drive, work, tend to daily tasks around the home, or properly care for his/her young children.

More than half of trip and fall accidents occur on uneven pavements. Trip and fall accidents can also occur when there are tree roots sticking out of the ground, cords or wires on the floor, broken cobblestones, potholes, and other debris or objects that are easy to trip over.

You may have grounds for pursuing a Huntington Beach trip and fall lawsuit against a private property owner, your local government, or another liable party.

Woman wants $100,000, maid after trip and fall, OC Register, June 29, 2010

Related Web Resources:
Slip, Trip, and Fall Prevention Guide, Stanford.edu

City of Huntington Beach, California

114 of the 226 people who sustained injuries while attending the 14th annual Electric Daisy Carnival at the Los Angeles Memorial Coliseum and Exposition Park this weekend had to be treated at local hospitals. Some 185,000 people attended the event, which took place on Friday and Saturday. Insomniac Events produced the carnival, which went on from 2pm to 2am on both days.

52 of the injuries and 94 incidents were reported on Friday. 132 incidents were reported on Saturday when 62 people had to be taken to hospitals.

According to the LA Fire Department, some of the injuries were sustained when people who didn't have tickets attempted to rush barriers to enter the carnival. Other attendees who did have tickets reportedly tried to climb over barriers to enter the VIP sections.

The Los Angeles Police Department made 63 arrests on Saturday. 9 of those who were apprehended were juveniles. Trespassing, possession and sale of narcotics, and drinking in public were among the offenses allegedly committed.

Los Angeles Personal Injury and Premises Liability
If you were injured while attending a party, concert, festival, or another type of event, and you believe that those in charge of the event may have negligent or careless in making sure that the function ran smoothly and safely, it is important that you contact a Los Angeles premises liability law firm immediately. Event facilitators are supposed to make sure there is adequate security and that any hazardous conditions are removed from the grounds. In the case of large, professional events, preemptive planning should have taken place to prevent situations that could cause Los Angeles personal injuries. There also may be other parties and individuals who should be held liable.

More than 100 taken to hospitals during Electric Daisy Carnival, Los Angeles Times, June 28, 2010

Over 100 people hospitalized during LA festival, ABC Local, June 28, 2010

Related Web Resources:
Electric Daisy Carnival 2010

Insomniac Events

Continue reading "226 People Hurt During Festival at Los Angeles Memorial Coliseum and Exposition Park" »

Nearly six years after Jacqueline and Raechel Houck were killed in a California car accident, a jury has awarded their parents $15 million for their wrongful deaths. The sisters were riding a rented 2004 Chrysler PT Cruiser on Highway 101 N on October 7, 2004 when the vehicle went over the median, struck a big rig truck, and burst into flames. Raechel, 24, and Jacqueline, 20, died from their injuries. According to experts for the plaintiffs, Houck was unable to steer the car because of a power-steering fluid leak.

A few weeks after the tragic car wreck, the girls' parents found out that the vehicle their daughters had rented was one of 435,000 PT Cruisers that Daimler Chrysler had recalled just a month before because the power steering hose was at risk of leaking and posed a possible car fire hazard. Enterprise records indicate that the Houck sisters' rental had not been repaired after the recall was announced. It had, however, been rented out four times.

Mark Matias, the Enterprise Northern California manager at the time, has sworn that he didn't know that the vehicle had been recalled until after the women's deaths. He also said that it was not against company policy to rent out a recalled vehicle.

The plaintiffs' California wrongful death attorney says the car rental company which had contested the civil complaint for five years--initially blaming the car crash on Raechel's driving. It wasn't until last month that Enterprise finally admitted its negligence in the sisters' deaths. The rental company tried to settle with the siblings' parents for $3 million if they would keep the details surrounding the traffic accident confidential. They refused to make a deal.

Automakers go to the trouble of recalling vehicles because they may have defective parts that could cause a vehicle to malfunction. If you or someone you love was injured in an Orange County, California car accident because of an auto defect, you may have grounds for a case. Even if a recall was never issued, you still may have sufficient reason to file an Orange County, California products liability lawsuit.

Jury awards $15 million in Santa Cruz wrongful death case against Enterprise car rental, Mercury News, June 22, 2010

CLOSURE: Couple wins lawsuit over rental car company blamed for daughters, Contra Costa Times, June 27, 2010

Related Web Resources:
Enterprise

California Department of Transportation

Safercar.gov

Michael Jackson's father Joseph Jackson is suing Dr. Conrad Murray for Los Angeles wrongful death. Also named as plaintiffs in the civil lawsuit are Michael's father Katherine Jackson and his three children Paris, Prince, and Blanket Jackson. More defendants may be added later.

In his Los Angeles wrongful death lawsuit, Joe Jackson accuses Murray, Michael's personal physician at the time, of administering to the pop star a "polypharmacy" of drugs in the months prior to the singer's death. He also claims that Murray withheld key information from EMTs and doctors that had tried to save his son's life.

Joe contends that not only did Murray fail to tell the medical workers that he had given Michael propofol, but also that the doctor had attempted to "clean up the scene" before the EMTs arrived. Even though California law mandates that doctors document the medical care provided to a patient, Murray is accused of not keeping records on the singer.

Michael, known as the King of Pop, died on June 25, 2009 at the age of 50 after suffering a cardiac arrest at his Holmby Hills residence. According to his autopsy report, the pop star died from "acute propofol intoxication." The report also noted that "the standard care for administering this drug was not met" and that the equipment recommended for patient monitoring, resuscitation, and precision dosing" were not present.

Earlier this year, Murray was charged with involuntary manslaughter in Michael's death. Prosecutors have accused Murray of administering a deadly cocktail of anesthetics and painkillers to Michael in the hours leading up to his death. Murray has pleaded not guilty. If convicted, Murray faces a maximum four years in prison.

Wrongful Death as a Result of Medical Malpractice
Medical mistakes can prove fatal for a patient. Doctors and other medical providers can be held liable for Los Angeles medical malpractice if their carelessness, recklessness, or failure to at least provide a patient with the standard of care contributed to a patient's Los Angeles personal injuries or wrongful death.

Joe Jackson's Wrongful Death Lawsuit, TMZ, June 25, 2010

Michael Jackson's father files wrongful death suit, AP/Google, June 25, 2010

Michael Jackson's Doctor, Conrad Murray, Charged in Singer's Death, ABC News, February 8, 2010

Related Web Resources:
Michael Jackson dead at 50 after cardiac arrest, CNN, June 25, 2009

Michael Jackson Biography, Biography

It's been more than three weeks since 78-year-old man was fatally struck by a dump truck on the Los Angeles River bike path. The truck driver, who was backing up the truck that struck Karl Weichinger on June 1, says he didn't see the elderly pedestrian.

The coroner's office says that the retired electrician died from multiple traumatic injuries sustained in the Los Angeles County dump truck accident. Weichinger's friends and family say that he died because the truck driver was going too fast and that workers there were reckless.

An investigation has so far found no evidence that the truck driver, who works for All American Asphalt, was moving at a speed above 5mph. However, according to police, some people have reported that the vehicle was moving at a "high rate of speed."

Backover Accidents
It is the responsibility of any motorist while backing up to make sure there is no person behind it at the time. It is also a good idea to back up a car or truck at a reduced speed. Some vehicles, such as 18-wheeler trucks, buses, dump trucks, and motor homes, are so large in size that they may have blind spots that prevent them from seeing everything and everyone through their rearview mirrors. Running over a pedestrian or striking a vehicle while backing up an auto can result in serious Los Angeles personal injuries, property damage, and wrongful death. According to the National Highway Traffic Safety Administration, vehicles backing up caused 221 deaths and 14,000 injuries in 2007. 99 of the fatalities and 2,000 of the injuries were to minors under the age of 15.

Questions raised in death of man, 78, struck by dump truck on L.A. River bike path, Los Angeles Times, June 23, 2010

21 People Killed in "Backover" Accidents in 2007, NHTSA Study Shows, Edmunds Daily, January 30, 2009

Related Web Resources:
NHTSA

FMCSA, Justia Regulation Tracker

Continue reading "Family of 78-Year-Old Man Fatally Struck in Los Angeles Dump Truck Accident Wants Answers " »

A multi-vehicle collision in the express toll lanes of the 91 Freeway has claimed the life of a 47-year-old Sun City man. Enrique Aniceto was standing by his disabled car at around 5:15 am on Saturday when he was hit by another vehicle. Another vehicle was also reportedly involved in the Anaheim car accident.

Aniceto, who police say appears to have died instantly, wasn't the only one to lose his life from injuries he sustained on a Southern California freeway this weekend. An Irvine motorcyclist died from injuries he suffered early Sunday on the southbound 55 connector to the southbound I-5 when his bike veered of the road. The biker was thrown off his motorcycle, and he was then struck by a number of vehicles.

Also on Sunday, Compton resident Brandon Davis Brown was pronounced dead on the I-405N after his Toyota Tercel rear-ended a sport utility vehicle that witnesses say was stopped in the carpool lane close to the Culver City exit. The driver of the SUV then left the Los Angeles car accident site without rendering aid. Police are looking for the missing motorist.

Unfortunately, freeway accidents are not uncommon in Southern California, where traffic can get congested and people are often rushing to and from their destinations. Common causes of highway accidents can include:

• Speeding motorists
• Drivers who are not keeping up with the pace of traffic
• Motorists that wait too late to merge from the carpool lane to the exit lane
• Drunk drivers
• Stopping on the freeway without getting into the emergency lane
• Pedestrians attempting to run across a busy freeway
• Distracted drivers
• Motorists who text or talk on a cell phone while driving

Driver Killed In Crash On FasTrak Lanes In Anaheim, CBS22, January 19, 2010

Motorcyclist Killed In Crash On Tustin Freeway, CBS2.com, June 20, 2010

Fatal accident snarls 405 Freeway through the Westside, Los Angeles Times, June 20, 2010

Related Web Resources:
California Highway Patrol

California Department of Motor Vehicles

Continue reading "Anaheim Car Accident on FasTrak Lanes Kills Sun City Man " »

A 16-year-old girl was taken to a local hospital after she nearly drowned in an apartment complex pool. The Huntington Beach pool drowning accident happened on Thursday morning.

Police officers that arrived at Ocean Air Apartment Homes found a group of teenagers at the pool. All of them had been drinking alcohol. The teen reportedly went underwater and wasn't breathing when she was pulled out. Fortunately, someone was able to get her to start breathing again.

The pool was marked off as a crime scene and investigators talked to witnesses. Police are now saying that the Orange County, California pool drowning incident was an accident. There were no adults at the pool when the accident happened.

Pool Drowning
With summer underway, it is important that pool owners make sure that they have the proper safety measures in place to make sure that drowning accidents don't happen. Steps for ensuring that your pool is a safe place for swimmers, especially kids, include:

• Don't leave kids at a pool alone without supervision.
• Make sure there is an emergency phone, life vests, or other rescue equipment in the vicinity.
• Make sure that your pool drain is one that meets federal safety standards so as to prevent entrapment accidents from happening.
• During off hours, make sure that the pool is fenced off or covered so that no one can get into the pool without permission.

Drowning claims the lives of more than 900 kids every year in the 1-14 age group alone. For those that are fortunate enough to survive drowning accidents, they may be left with serious traumatic brain injuries for life.

Teens drinking around pool, girl nearly drowns, OC Register, June 17, 2010

Related Web Resources:
Pay Attention Around The Pool, KVUE

Swimming Pool Safety Act, CDPH.Ca.Gov (PDF)

Continue reading "Teen Injured in Huntington Beach Pool Drowning Accident " »

John Gerrity, the widower of Deborah Johnson, is speaking out about the tragic bicycle accident that killed his wife because he wants to prevent other cyclists from suffering the same fate. Gerrity settled his $2.4 million California wrongful death settlement with the city of Menlo Park several months ago.

Johnson sustained fatal head injuries when she was fell off her bike on Sandhill Road on July 22, 2007. She died two days after the tragic California bicycle accident.

According to Johnson's friend, the 54-year-old cyclist fell because her bike hit the base of a "candlestick" delineator that had become separated from its orange pole. Johnson's husband, John Gerrity, says the lane divide should not have been there at all.

Just two days before the tragic bicycle accident, Menlo Park Public Works Department had just completed paving the road. They had set up dividers to mark the bike lane. The divers were removed soon after the California traffic crash.

The Manual on Uniform Traffic Control Devices says that raised pavement markers and posts should not be used to separate travel lanes from bike lanes. The federal manual noted that raised devices are a bicycle crash hazard. Gerrity, who has researched traffic safety practices and codes since his wife death, says that after a road is repaved it is standard practice to leave it unmarked while the asphalt is drying. After that, a temporary line or strip is painted onto the road until permanent markings are created.

Entities in charge of maintaining roads must make sure there are no road hazards, related defects, or debris on the road that can cause injuries or deaths. Not only must they put warnings sign up when any kind of road improvements are being done to indicate to motorists and bicyclists that they must proceed with caution as they enter a road construction zone, but also they must make sure to clear up all debris, machinery, and equipment after the project is over so that drivers and cyclists don't end up striking any objects that have now become safety hazards.

Orange County, California Traffic Crashes
Unfortunately, road debris can cause serious Orange County, California personal injuries and wrongful deaths. According to AAA Foundation for Traffic Safety, 25,000 of US auto crashes and 90 traffic fatalities a year were at least partially caused by road debris. Road debris refers to objects that shouldn't be on the road, such as fallen tree branches, broken class, furniture items that may have fallen out of trucks, and other items. Road debris and defects can cause a trucker, the driver of a car, bicyclist, or motorcyclist to lose control of his/her vehicle, which can result in tragic Orange County, California traffic crashes.

$2.4 million settlement reached in wrongful death suit over fatal bike accident on Menlo Park's Sand Hill Road, Mercury News, June 12, 2010

Related Web Resources:

AAA Foundation for Traffic Safety

California Bicycle Coalition

Manual on Uniform Traffic Control Devices

Seven years after 17-year-old Dillon Elkins became a quadriplegic when he jumped from a truck and struck his head on the pavement, a Barstow jury has awarded his family $32.2 million for his San Bernardino County personal injury lawsuit. Because jury members found Elkins to be 20% at fault and Robert Murchison, the driver of the truck, to be 80% at fault, Dillon's family will receive 80% of the verdict.

The tragic San Bernardino County car accident happened in 2003 when Elkins, then 10, asked high school football player Robert Murchison to give him a ride from the homecoming football game. Murchison, then 18, has said that not only did he tell Dillon and another boy that he couldn't drive them because the truck's cab was full, but also that the two boys ignored him and jumped on the truck bed. Witnesses have said that Murchison told the boys that if a cop appeared, they were to jump out of the truck.

According to the family's San Bernardino County motor vehicle accident lawsuit, while on California 127, Murchison saw a police car and told the boys to jump out, which is exactly what Elkins did. Following the tragic accident, Elkins fell into a coma for three weeks and sustained severe brain injuries that left him a spastic quadriplegic. He is no longer able to walk, speak, or eat anything that isn't fed through a gastric tube.

Now, Elkins' mother Sherry Setter says that her son will have the funds to receive the medical care that he needs.

Spastic Quadriplegia
Spastic quadriplegia usually affects all four limbs of the body and can result in mental retardation, hearing impairment, and visual problems. Complications may include cognitive difficulties, seizures, bladder dysfunction, scoliosis, bowel dysfunction, skin sores, hip dislocation, and other health issues. Spastic quadriplegia can occur as a result of a spinal cord injury or brain damage.

If someone you love now has spastic quadriplegia because another party was negligent, you may be able to pursue Orange County, California personal injury recovery. Living as a spastic quadriplegia can be very expensive and you will likely need financial resources to cover medical expenses, round-the-clock care, specialized equipment, rehabilitation, and other services.

Jury awards damages to Baker youth badly injured in '03 accident, Los Angeles Times, June 9, 2010

Jury Awards $32M To I.E. Boy Left Quadriplegic, CBS/AP, June 9, 2010

Related Web Resources:
The National Spinal Cord Injury Association

Traumatic Brain Injury Information Page, National Institutes of Health

Closing arguments were delivered today in the California nursing home neglect and abuse lawsuit against one of the biggest nursing home chains in the US. Some 32,000 plaintiffs, who either lived at or had a family member who was a resident at one of a number of Skilled Healthcare Group Inc. nursing homes from 2003 to 2009, are seeking personal injury recovery for the alleged corporate abuse.

Plaintiffs have accused the nursing home company of negligent nursing care, including the failure to make sure that residents were bathed regularly and that their wounds were properly treated. Some other residents contend that they were forced to sit in soiled sheets for days at a time, while others say that that they walked around with leaking catheters.

Under California law, nursing homes are supposed to give each patient a minimum of 3.2 hours of nursing care a day. The plaintiffs' attorneys contends that the nursing home company regularly failed to meet this minimum level and that each of the patients did not receive the services that they paid for. It will be up to the jury to decide whether Skilled Healthcare is guilty of intentional misconduct.

Orange County, California Nursing Home Neglect
Failure to provide a resident with the proper nursing care can be grounds for an Orange County, California nursing home negligence lawsuit. Unfortunately, elder abuse and neglect continues to take place in too many nursing homes and private residences not just in California but also in the rest of the world. Many California elder abuse and neglect cases go unreported.

June 15, 2010 is World Elder Abuse Awareness Day--a day dedicated to making people aware that elder abuse is a serious problem that won't go away by itself. In the US alone, at least two million seniors are subjected to physical abuse, financial exploitation, emotional abuse, and neglect by nursing home workers, caregivers, family members, close friends, and associates.

Elder abuse is a violation of a victim's rights and can cause serious Orange County, California personal injury and wrongful death.

Closing arguments begin in Skilled Healthcare case, Times-Standard, June 15, 2010

World Elder Abuse Awareness Day, Administration on Aging

Related Web Resources:
National Center on Elder Abuse

CalQualityCare.org

The parents of John Erlanson are seeking California wrongful death compensation from the Atascadero Unified School District. Erlanson, then 17, drowned on May 7, 2008 in the Atascadero High School swimming pool during a physical education class.

The 17-year-old was in the school's swimming pool during class when the teacher stepped away from the pool deck and left the pool without adult supervision. It was the teenager's fellow students who noticed that he was at the bottom of the pool. They swam down 12 feet to retrieve him.

It is unknown whether Erlanson, who was diagnosed with a seizure disorder years before, suffered a seizure before drowning. Some students say that while the teenager was in the pool's shallow end, he started to exhibit signs of someone who was about to have one.

The plaintiffs' wrongful death lawsuit accuses the school district of inadequate supervision, observation, staff training, and safeguards. Their injury attorney contends that because staffers knew that Erlanson suffered from a seizure disorder, they should have done more to protect him from becoming involved in a California drowning accident.

After Erlanson's death, the school district started working with the Red Cross to train high school students to become certified lifeguards that could supervise PE classes. The school district also updated its pool safety policy and got new safety equipment.

Schools are responsible for properly supervising students and making sure that there are no dangers or hazards on the school grounds that can cause serious injury or death. If your child was injured or died because school officials were reckless or negligent in any way, you may reason for filing an Orange County, California personal injury case.

Parents of teen who died in Atascadero High School pool sue school district, SanLuisObispo.com, June 11, 2010

AHS junior drowns Wednesday, Atascadero News, May 8, 2008

Related Web Resources:
Atascadero Unified School District

Unintentional Drowning: Fact Sheet, CDC

Carol Nastasi has filed an Orange County, California personal injury claim against the city of Irvine for injuries she sustained while involved in a car accident with a local cop. Nastasi says that she hurt her back and her car was totaled during the Irvine car accident, which took place on August 26 on Jamboree Boulevard. She wants compensation for medical costs, pain and suffering, and a back massager.

According to Nastasi's Irvine injury claim, she had just entered the left-hand turn lane when an officer, who was driving at an unsafe speed struck her car. She contends that even though she was wearing a safety belt, her spine and neck were whipped around as she was jerked back and forth during the crash. Nastasi acknowledges that even though her back was sore and she felt tightness and pressure in her chest, she opted not to go to the emergency room.

While the California Highway Patrol says that it was Nastasi who was at fault and that she had made an unsafe lane change, she disagrees. She says that she checked her mirrors, activated her signal, and looked over her shoulder before she changed lanes and that it wasn't until right before the Irvine car accident happened that she saw in her rear-view mirror that the police car was approaching.

Nastasi says that she has undergone several weeks of back therapy to relieve the pain but that she must still contend with back spasms and fatigue. She also says that her ability to complete certain household tasks has been affected.

Back Injuries and Orange County, California Car Accidents
Back injuries are one of the most common injuries sustained during a car crash. Sprains, herniated discs, fractured vertebrae, and spinal cord injuries are just some of the back injuries that can result during the sudden jolt and force of impact that can occur during a motor vehicle collision. Back injuries can be extremely debilitating and painful. A person who is suffering from a back injury may require pain medication, physical therapy, or surgery. He or she may even have to decrease his or her workload or stop working altogether, which can definitely take a financial toll.

Claim: Irvine officer rear-ended driver, Orange County Register, June 8, 2010

Related Web Resources:
City of Irvine

Back Injuries, Medline Plus

The 2nd District Court of Appeal has reinstated the Long Beach wrongful death complaint filed by the family of Raffi Huverserian against Catalina Scuba Luv. The 45-year-old died on March 31, 2005 one day after he ran out of air while diving with his son, then age 17, off Casino Point in Avalon.

While Huverserian was able to swim some 60 feet back up to the surface by breathing on his son's air tank, the Northridge resident went into cardiac arrest once he got to the beach. Medical personnel were able to revive Huverserian and take him from Avalon to a hospital on the mainland, but doctors were unable to save his life.

In 2007, his family filed a Los Angeles wrongful death lawsuit against Catalina Scuba Luv, which had rented the diving equipment to Huverserian and his son. In July 2008, a Long Beach Superior Court judge granted the defendant's motion for judgment, but the family appealed.

Prior to the dive, Huverserian signed a document releasing renters from the right to sue the scuba rental company for injury or death. The document was titled: "Equipment rental agreement, liability release and assumption of risk of scuba and snorkel gear for boat dives or multiple day rentals."

While Catalina Scuba has maintained that the release applies to all scuba gear renters, Huverserian's loved ones and now the appellate justices say that the passage is not applicable to him because he didn't rent scuba equipment for multiple days or dive off a boat. Also, according to the family's Long Beach wrongful death lawyer, Catalina Scuba Luv gave Huverserian a gauge that ran high, a tank that wasn't filled with enough air, as well as too much weight for the dive.

Appeals court reinstates family's lawsuit in scuba diver's death, DailyBreeze, May 27, 2010

California court tosses waiver, family can sue Catalina Scuba Luv for diver death, CDNN INFO, May 28, 2010

Related Web Resources:
Catalina Scuba Luv

Scuba Diving Safety

Continue reading "Long Beach Wrongful Death Lawsuit Against Scuba Diving Company Can Proceed Even With Signed Waiver, Says Appellate Court" »

Anne Carradine, the widow of David Carradine, is suing a French company for the movie star's wrongful death. The 72-year-old actor was found dead hanging in the closet of Bangkok hotel room last June. His cause of death was accidental asphyxiation.

According to Anne's Los Angeles wrongful death complaint, MS2 S.A., which was handling the movie that David was shooting, and other defendants were negligent when they failed to follow industry standards and provide her husband with proper assistance during the filming of the movie Stretch. She says that even though the company promised that her husband would receive the best possible amenities, including an assistant to help him during his time in Bangkok, film staffers and the assistant left Carradine to fend for himself after they couldn't get in touch with him for dinner. Anne is also suing the assistant and the film staffers.

Carradine is known for starring in the "Kung Fu" television series from the 1970's and in the "Kill Bill" movies.

California Wrongful Death
A person has died from a "wrongful death" when another party's negligent, reckless, intentional, or reckless acts contributed to causing the fatality. In California, only certain people can qualify as claimants of a wrongful death case, including the deceased's surviving spouse, sons, daughters, dependent stepchildren, dependent parents, and dependent minors that had been living with the victim for at least six months.

If the decedent doesn't have heirs, then claimants under the law of intestate succession can include his/her parents. If the parents are no longer alive, then brothers or sisters or children of deceased siblings can file. If there aren't any that are living, then the victim's grandparents can seek to obtain California wrongful death recovery. If the grandparents are deceased, then the children of a spouse that has died can file a claim. If there aren't any, then next of kin can file.

David Carradine's Widow Files Wrongful Death Suit, ABC News, June 4, 2010

Autopsy Finds David Carradine Did Not Commit Suicide, Fox News, June 11, 2009

Related Web Resources:
David Carradine, IMDB

Wrongful Death, Nolo