July 2010 Archives

$3.5 Million Riverside County Wrongful Death Lawsuit Reached in Excessive Use of Police Force Fatality

July 31, 2010,

The family of Arthur Lewis, Jr. has reached a $3.55 million California wrongful death settlement with Riverside County. The Moreno Valley man died in 2003 after sheriff's deputies wrestled him to the ground and pepper-sprayed him. His parents had called 911 for medical help because the 33-year-old US Navy veteran refused to take his anti-anxiety medication or eat.

The deputy who arrived at the scene called for assistance because he thought Lewis would resist. One officer is accused of attempting a carotid restraint on him for at least 20 seconds and he was reportedly slammed onto the ground with his face down. A police dog was brought into the home, forcing Lewis' parents into another room.

While restrained, Lewis stopped breathing. The deputies performed CPR while waiting for medical assistance. Lewis was pronounced dead at the hospital.

Lewis's family originally tried to settle their Riverside County wrongful death case for $475,000, but the board of supervisors refused. Last year, a jury awarded the Moreno Valley man's family members $5.5 million and accused the deputies of negligence and excessive police force. However, because they determined that Lewis was partially responsible, the amount was lowered by 20%. An appeal was filed.

Now, Lewis' parents will get $575,000 each while his two children will receive $1.2 million each.

Law enforcement officers have a responsibility to refrain from using excessive force when dealing with the public. Excessive police force can cause serious injuries and even death. Granted, in many instances, the deputies or officers likely did not intend to cause harm to the victim. They may be responding in the moment and trying to deal with what they perceive to be a frightening or a dangerous situation. This, however, does not give them the right to use Riverside County police brutality or excessive use of force.

Family to get $3.5 million in death of man restrained by sheriff's deputies in Moreno Valley, Los Angeles Times, July 17, 2010

Riverside County settles for $3.55 million in Moreno Valley wrongful death suit, The Press-Enterprise, July 16, 2010


Related Web Resources:
Moreno Valley Police

Excessive force cases often full of ambiguity, KnoxNews, December 3, 2007

Riverside County

Steering Issues Prompt Toyota Recalls of 373,000 Avalon Sedans and 39,000 Lexus LX 470 SUVs

July 29, 2010,

More safety issues for Toyota: The automaker has announced two recalls today. One recall involves 39,000 Lexus LX 470 SUVs ('03 -'07 models) over the steering shaft. The other recall involves 373,000 Avalon sedans ('00 - '04') models because of a problem with the steering column.

Toyota says that there is a chance that under certain conditions, the improper casting of the Avalon's steering lock bar might cause the bar to break. In the event that the luxury vehicle is steered to the right while going at a high enough speed, a loose or broken lock bar could jam the steering wheel.

Toyota says that this problem took years to develop, which is why it is only now becoming an issue. A spokesperson for the automaker says that there have been only six incidents involving this auto defect in the US. Three minor auto accidents resulted and, fortunately, no one was reportedly hurt.

Toyota will fix the problem by replacing the steering column bracket on the affected vehicle. The repair is expected to take approximately two hours.

Lexus is recalling its LX470 sport utility vehicles because of the possibility that a steering shaft component might disengage during occasions when the SUV's front wheels are experiencing major impact, such as when the auto is driving over a large pothole. Over time, the steering shaft can become disengaged. Lexus says it has only received one report of the safety issue arising and that no one was hurt.

These recalls are just the latest problems plaguing Toyota, who has had to recall millions of vehicles over the last nine months because of different safety issues, including those involving brake problems, ill-fitting floor mats, and sudden acceleration. Less than two weeks ago a federal grand jury subpoenaed Toyota over its vehicle steering rod defects that resulted in the recall of 977,839 Toyota vehicles in 2005. The government wants to know whether the automaker waited too long after finding out about the auto defect to issue the recall.

One California auto products liability lawsuit, filed by the family of Michael Levi Stewart, is seeking wrongful death damages over this very defect. Stewart died in 2007 after the steering rod in his 1991 Toyota pickup truck snapped, causing his vehicle to go off the road and roll over. Although Toyota's recall over the steering rod defect was announced in 2005, not all of the vehicles had been repaired. The family's wrongful death lawyers claim that Toyota received repeated warnings that the steering rods could be a danger to motorists.

Toyota recall: Avalons, Lexuses have steering problems, The Christian Science Monitor, July 29, 2010

Toyota recalling Avalon sedans, Lexus SUVs, The Orange County Register, July 29, 2010


Federal grand jury seeks details on Toyota steering flaw, The Washington Post, July 21, 2010


Related Web Resources:
Toyota Motor Corporation

SaferCar.gov

NHTSA

Continue reading "Steering Issues Prompt Toyota Recalls of 373,000 Avalon Sedans and 39,000 Lexus LX 470 SUVs " »

Family Files Los Angeles Wrongful Death Lawsuit Against LAPD 24 Years After Van Nuys Woman's Murder

July 28, 2010,

The parents of Sherri Rasmussen are suing the Los Angeles Police Department for California wrongful death. Rasmussen was beaten and shot to death in the Van Nuys residence where she was living with her husband, John Ruetten.

At the time, Ruetten had pointed to his ex-girlfriend, LAPD officer Stephanie Lazarus, as someone who had threatened his wife repeatedly. Lazarus, however, was never a suspect during the initial investigation and no one even questioned her. She was eventually promoted to detective.

It wasn't until the murder case was reopened and DNA evidence was used that Lazarus was linked to Rasmussen's death. Woman's saliva was found on bite marks on the victim's body.

Lazarus and Ruetten had dated for several years before he married Rasmussen. The police officer was reportedly very upset by the breakup and the news that he was marrying someone else. Ruetten and Rasmussen were newlyweds at the time of the brutal killing.

Lazarus was arrested last year and has pleaded not guilty to capital murder. She is awaiting her criminal trial and remains behind bars. Her bail was set at $10 million.

LAPD officials are saying that they don't believe that any cover up to protect Lazarus took place. Nevertheless, in their Los Angeles wrongful death complaint, Nels and Loretta Rasmussen are contending that the LAPD purposely ignored clues that pointed toward the female cop.

Los Angeles Wrongful Death
There may be parties that didn't directly cause your loved one's death who should be sued because their negligence, carelessness, or recklessness played a role in causing your tragic loss. While Los Angeles wrongful death recovery can't bring your loved one back, it can provide some comfort to know that a responsible party is being held liable and offer you some financial relief for your losses.

Family of woman allegedly killed by LAPD officer file lawsuit against the suspect and department, Los Angeles Times, July 27, 2010

Brother of LAPD Detective Accused of Murder Wants $10 Million Bail Lowered, KTLA, July 16, 2010

LAPD Detective Charged in 1986 Love-Triangle Murder, ABC, June 10, 2009


Related Web Resources:
Los Angeles Police Department

Wrongful Death, Justia

California Bus Accident: SUV Driver Involved in Greyhound Crash that Killed 6 and Injured 20 Was Under the Influence of Alcohol

July 27, 2010,

According to the California Highway Patrol, Sylvia Lopez Garay, the 18-year-old woman who was driving the sport utility vehicle that was involved in a deadly collision with a Greyhound bus on a California highway on Thursday, was under the influence of alcohol. 20 people were injured and six others were killed during the California motor vehicle crash, which occurred before 2am on California Highway 99. The bus was going from Los Angeles to Sacramento.

The SUV had rolled over after striking the median rail and was obstructing the fast lane when the bus collided with it and then struck a Honda CR-V. All three vehicles were pushed off the highway and down a 15-foot embankment. The bus also struck a tree. The impact of the crash broke the bus into pieces.

Killed in the California bus accident were bus driver James Jewett, 57, bus passengers Epifania Solis, 60, and Tomas Ponce, 79, and the three women in the SUV, Stephenie Cordoba, 20,Vanessa Gonzalez, 19, and Garay. Ponce's wife, 77-year-old Areola Ponce, suffered serious injuries. The Honda's driver also was hurt.

The three ladies had come from a dance party at the Starline Club. It was 18-and-over night. The club maintains it has a strict policy against underage drinking.

Orange County, California Bus Accidents
Determining liability in any kind of bus crash can be challenging, which is why it is so important that you are represented by an experienced Orange County, California bus accident law firm. In some cases, it is the bus driver or the bus company who is liable. In other bus crash cases, the other motorist or the manufacturer of a defective motor vehicle part may be at fault.

Bus crashes have also happened because a road was defectively designed, a traffic signal malfunctioned, or there was debris on the road that wasn't cleared away. If a drunk driver was the one responsible for causing the traffic crash, the business that overserved the motorist and/or allowed him/her to get behind the wheel of the vehicle may also be considered as a liable party. There could be more than one party who should be held financially responsible for your traffic injuries.


CHP: SUV driver in fatal bus crash under influence, AP, July 26, 2010

6 die, 20 hurt in Greyhound crash in Fresno, Los Angeles Times, July 23, 2010


Related Web Resources:
Greyhound

Seatbelts for Motorcoach Buses Proposed, News Inferno, November 17, 2009

National Transportation Safety Board

Continue reading "California Bus Accident: SUV Driver Involved in Greyhound Crash that Killed 6 and Injured 20 Was Under the Influence of Alcohol" »

Newport Beach Truck Accident Kills Santa Ana Bicyclist

July 24, 2010,

Friends and family are mourning the death of Michael Nine, a 43-year-old Santa Ana man who sustained fatal injuries during a Newport Beach truck acciden. Nine was riding with his morning cycling group on July 15 when he was struck a truck driven by Jose Luis Huerta Mundo. The Newport Beach bicycle accident occurred at Spyglass Hill and Harbor Ridge Drive as the cyclists were riding their usual route from Tustin through Irvine to Newport Beach and back.

According to police, Mundo made an illegal left turn onto Spy Hill Road and his vehicle ended up blocking the riders. Nine reportedly braked hard in an attempt to avoid colliding with Mundo's landscaping vehicle. Instead, the Santa Ana cyclist lost control of his bike, slamming head first into the back of the truck.

Mundo is charged with vehicular manslaughter without gross negligence, driving without a valid license, and failure to obey a traffic sign prohibiting a left turn.

A ghost bike has been set up on Spyglass Hill Road to remember Nine. Ghost bikes are small memorials to remember a cyclist that died on a particular street while advocating for a bicyclist's right to ride safely.

In CoronaDelMarToday.com, John Tzinberg, a member of the Newport Beach Cycling Safety committee, noted that the city is not doing enough to take care of the issues that are contributing to local bicycle accidents. Tzinberg notes that a cyclist dies every several months in Newport Beach.

In December, Irvine bicyclist Donald Murphy died from fatal injuries he sustained when he was injured by a hit-and-run driver on Jamboree Road. The 49-year-old rider was in a bike lane when he was hit by an SUV driven by Riverside resident Patricia Ann Izquieta, who made an unsafe left turn. She was later arrested. A year ago last year, 43-year-old Darryl Benefiel died in a Newport Coast bicycle accident on Ridge Park Road when he was hit by a car. He suffered massive head trauma and other Orange County, California personal injuries. In November 2009, his mother, Karen Benefiel, filed a Newport Beach wrongful death lawsuit against the city and the driver and the owner of the car that hit her son.

Crash Victim Identified; Cycling Advocates Outraged, Corona del Mar, July 15, 2010

Cyclist dies after being hit by SUV, OC Register, December 11, 2009

Mother suing Newport for son's death, Daily Pilot, December 29, 2009


Related Web Resources:
Ghost Bikes

Bicycle rules and safety

Mother of Special-Needs Son is Blaming Ocean View School District for Orange County, California Injuries to Her Child

July 21, 2010,

Amanda Mitchell has filed an Orange County, California personal injury claim against the Ocean View School District on behalf of her son. Mitchell is the Huntington Beach mother of an 8-year-old special-needs boy.

In her Orange County, California injuries to a minor claim, she is contending that her son suffered multiple head injuries on more than 10 occasions while under his school's supervision. She says that the alleged injuries occurred during a seven-month period in 2009.

Mitchell claims that she told school administrators and teachers that her son, who is eligible for special education, needed additional supervision while at school. Yet despite her request, she says that the school did not do enough to take care of her child.

Mitchell sites numerous incidents involving her son hitting his head while under the school's charge, including those involving him striking his head against school walls, tables, the floor, a bathroom urinal, and a school bus seat. She says that as a result, her child suffered abrasions, bruises, and a knot on his forehead. She also contends that a decision by the district to make her son use a helmet in school was ineffective.

Last month, members of the District School Board denied her claim. However, an Orange County, California injury claim can serve as a precursor to a Huntington Beach personal injury lawsuit.

Schools and school districts are responsible for protecting children under their care from personal injuries and wrongful death. When failure to act or remove hazards or any other type of negligence causes a child to get hurt, parents may be able to seek Huntington Beach injury recovery on their child's behalf.

Some reasons why parents have filed personal injury claims against schools and school districts for damages:

• Drowning accidents
• Fall accidents
Slip and fall accidents
• School bus injuries
• Sports-related accidents
• Violent crimes
• Sexual assault
• Inadequate security
• Premises liability

Mother alleges school was negligent with special-needs son, OC Register, July 9, 2010

Injury lawsuits increasingly common in schools, Bakersfield.com, March 20, 2010


Related Web Resource:
Ocean View School District

Los Angeles Bicycle Accident: Mayor Villaraigosa Undergoes Surgery to Repair Broken Elbow

July 20, 2010,

LA Mayor Antonio Villaraigosa is recuperating following surgery over the weekend to treat his right elbow, which he broke during a Los Angeles bicycle crash on Venice Boulevard on Saturday. According to his spokeswoman, Sarah Hamilton, the surgery was a success and the mayor is expected to make a complete recovery.

The Los Angeles bicycle accident happened early in the evening when a taxi reportedly stopped in front of the mayor, who was forced to step on his bike brakes. He then fell off his bicycle.

The taxi driver did not stay at the Los Angeles traffic crash site and no one was able to obtain the cab's license or the name of its taxi company. This latest incident will likely further push the mayor to step up efforts by the city and local enforcement officials to make the streets safer for bicyclists.

Although Los Angeles has always been more car-friendly, city officials are hoping to change this. In June, the Planning Department put out its bicycle plan update for Los Angeles. Goals include providing convenient and safe bicycle routes for riders of all levels. Villaraigosa says that the City intends to build 1,663 miles of bikeways. In the meantime, Los Angeles cyclists continue to remain very vulnerable to motorists, which is unfortunate since it is the riders who are at greater risk of suffering the more serious injuries during a Los Angeles bicycle crash with a motor vehicle.

Granted, cyclists too can be at fault for causing a traffic crash. There are, however, many cases when it is the driver of a car, truck, motorcycle, or bus, or another party who should be held liable for the Los Angeles personal injuries sustained by a bicyclist.

Mayor Villaraigosa undergoes surgery for fracture after bike accident, Los Angeles Times, July 18, 2010

Bikes Belong On LA's Streets, The Huffington Post, July 19, 2010


Related Web Resources:
LA Bike Plan Update

California Bicycle Coalition

Continue reading "Los Angeles Bicycle Accident: Mayor Villaraigosa Undergoes Surgery to Repair Broken Elbow " »

Octomom's Beverly Hills Doctor Under Investigation for Los Angeles Medical Malpractice

July 19, 2010,

The man who helped Nadya Suleman conceive her 14 children is under investigation by the Medical Board of California for possible Los Angeles, California medical malpractice. Dr Michael Kamrava, a Beverly Hills physician, is accused of inserting too many embryos into one woman and neglected to provide the proper medical care to another patient.

According to the board, the fertility doctor transferred seven embryos to one patient, even though at her age, 48, only two embryos are medically recommended. The woman ended up carrying quadruplets. However, due to complications, she lost one fetus and her other babies had to be delivered early via C-section. One of her children has serious developmental delays. The board also says that the Los Angeles doctor neglected to refer the patient for a mental health assessment. Kamrava is being accused of straying from what is considered standard medical practice in his handling of the patient.

In an unrelated fertility case, the board is claiming that Kamrava failed to order more tests or refer a specialist to a patient even though ultrasound results showed cysts in her ovaries and she had a history of cancer. The woman did in fact have stage 3 ovarian cancer.

These incidents are not the first time Kamrava has been accused of Los Angeles medical malpractice. The board has accused Kamrava of serious negligence resulting in Suleman having 14 kids, including octuplets. She is now famously known as the "Octomom."

In 1994, one couple, Michael Verdi and Eva Menen, sued Kamrava for medical malpractice. They accused the doctor, who they went to for infertility treatment, of overmedicating Eva and inseminating her when she wasn't ovulating. They settled their civil lawsuit soon after. At least three other medical malpractice complaints have been filed against the Beverly Hill doctor since 1991.

Octuplet mom's doctor faces more state scrutiny, Los Angeles Times, July 14, 2010

The Fertility Doctor Behind the "Octomom," Time, March 7, 2009

Read the California Medical Board's 1st Amended Accusation (PDF)

Related Web Resources:
Medical Board of California

Michael M. Kamrava, West Coast IVF

Continue reading "Octomom's Beverly Hills Doctor Under Investigation for Los Angeles Medical Malpractice" »

Anaheim Car Accident Kills Mother and Leaves Daughter with Serious Injuries

July 16, 2010,

A multi-vehicle Anaheim car accident has claimed the life of Isabel Tizapan Ortega and left her daughter with life-threatening injuries. The three-auto collision occurred at the intersection of Miraloma Avenue and Blue Gum Street at about 8:35 am yesterday.

According to Anaheim police, a 1997 Chevrolet pickup truck crashed into the 2005 Nissan sedan that was carrying Ortega, 46, and her daughter. The force of impact pushed both vehicles into a Honda Civic. The pickup truck also rolled over.

Ortega was pronounced dead at the Anaheim car accident site. Her daughter, who was riding in the passenger seat, was transported to the hospital and admitted in critical condition. The pickup driver sustained facial injuries. The Honda's driver experienced some pain but was not taken to the hospital from the crash scene.Investigators will have to determine who had the right way of way when the Anaheim motor vehicle collision happened.

Our Anaheim car accident lawyers know how important it is to start gathering evidence at the crash site, as well as interview witnesses while their accounts of the collision are still fresh. It is important to start exploring your legal options as soon as you can after an Orange County, California auto accident has occurred.

In other recent Anaheim traffic crash news, a driver suffered fatal injuries yesterday when his construction truck was involved in a collision with a big rig truck on the Riverside Freeway at the Fullerton-Anaheim border. According to the California Highway Patrol, the Anaheim truck accident happened just after midnight when the victim's construction truck rear-ended the larger vehicle. The construction truck burst into flames.

Woman killed in 3-car Anaheim crash, Press-Telegram, July 16, 2010

Driver Killed In Crash On 91 Freeway In O.C., CBS2, July 14, 2010

Woman killed in multi-vehicle crash ID'd, OC Register, July 15, 2010

Related Web Resources:
California Highway Patrol

City of Anaheim

National Safety Council

Continue reading "Anaheim Car Accident Kills Mother and Leaves Daughter with Serious Injuries" »

San Bernardino County Wrongful Death Lawsuit: Murdered Woman's Family Claims Huntington Beach Company Provided Inadequate Security

July 14, 2010,

The family of Griselda Gonzalez is seeking $1 million in civil damages from a Huntington Beach property management company for her San Bernardino County wrongful death. Griselda, 37, was fatally assaulted by her estranged husband, Horacio Gonzales Jr., on July 22, 2009.

According to the San Bernardino wrongful death complaint, a security guard on the premise where Griselda worked saw Horacio exit his vehicle with a can of gasoline and a machete in hand and head for Mimi's Hair Design. Griselda worked as a stylist at the salon.

Parlor clients and workers fled for their safety and told the guard that they feared for Griselda's life. Per the Fontana, California wrongful death lawsuit, the guard was too frightened to help Griselda, who Horacio chased out the back door. According to KTLA, Horacio began stabbing her with the machete.

Someone driving by in a car reportedly jumped out to help her and Horacio fled the scene. Although he left before pouring gasoline on Griselda, she sustained a fatal gash to the left side of her head and neck. Horacio tried to commit suicide by drinking bleach. He was arrested later that day.

The plaintiffs are contending that prior to the attack the guard already knew that the Griselda and Horacio were estranged and that the latter had threatened his wife. Just the day before the murder, Horacio was asked to leave the salon. According to court records, Griselda had a restraining order against Gonzales for domestic violence.

Horacio has pleaded not guilty to the murder charges.

Griselda's family say they are filing the San Bernardino County wrongful death complaint for the couple's young children, who have now lost both their parents.

Inadequate Security
Premise owners that fail to provide adequate security on a property can be held liable for San Bernardino County, California premises liability if a crime was able to occur on the premise as a result. Depending on the type of premise and the types of violence that might abound, possible forms of adequate security might include:

• Trained security guards
• Surveillance cameras
• Alarm systems
• Locked gates
• Controlled access entry
• Metal detectors


Killed woman's family sues company, claims poor security, San Bernardino County Sun, July 7, 2010

Man pleads not guilty to murdering wife with machete, InsideSoCal, July 24, 2009

Woman Killed in Machete Attack at Beauty Salon, KTLA, July 23, 2009


Related Web Resource:
Inadequate Security Articles

Jaycee Dugard to Receive $20 Million California Personal Injury Settlement for Kidnapping

July 12, 2010,

The state of California has approved a $20 million payout for Jaycee Dugard and her two daughters. Governor Arnold Schwarzenegger signed the California injury settlement on Friday.

Dugard, now 30, was just 11 when she was abducted in 1991 by Phillip Garrido, who held her hostage in his backyard compound until last August. She bore him two daughters, who are now ages 15 and 12.

Police have said that Dugard was raped, kidnapped and held captive by Garrido. His wife, Nancy is awaiting trial for kidnapping and other charges. Both have pleaded not guilty.

Phillip Garrido was already a convicted sex offender for a 1976 rape crime prior to abducting Dugard. California's inspector general has criticized the Department of Corrections and Rehabilitation for failing to properly monitor Garrido. Also, the California attorney general's office has alleged that state parole agents may have interacted with Dugard and her older daughter but did not follow up on her relationship with Garrido.

Last February, Dugard and her family filed a California personal injury claim against the Department of Corrections. Over the years, the agency missed opportunities that might have allowed them to locate her sooner. The Dugards contend that they suffered physical, psychological, and emotional harm from being held captive for nearly twenty years.

The California attorney general's office has said that the "the uniquely tragic circumstances" surrounding the Dugard case justifies the $20 million settlement. Dugard and her two girls will likely require millions of dollars in therapy and at least $450,000 to educate all three of them.

Report Says California Parole Agents Spoke with Jaycee Dugard in Captivity, FoxNews, July 7, 2010

Jaycee Dugard to get $20 million in settlement, SFGate, July 2, 2010

Kidnap Victim Wins Settlement, NY Times, July 1, 2010


Related Web Resource:
Timeline and Map, Jaycee Dugard Case, San Jose Mercury News

Los Angeles Medical Malpractice?: Two Sisters Arrested on Suspicion of Running Illegal Sylmar Cosmetic Fillers Business

July 9, 2010,

Police have arrested Alejandra Viveros, 50, and Guadalupe Viveros, 53, on suspicion of Los Angeles medical malpractice. The two sisters are accused of practicing medicine without a license and running an illegal Sylmar cosmetic fillers business.

The Los Angeles Police Department began an investigation when alleged victims said they got sick after receiving filler injections. In certain instances, fillers turned into solid plastic and patients developed infections.

Guadalupe has said that she was a doctor in Mexico. However, she does not have a license to practice medicine in this country. Alejandra allegedly booked clients for her sister.

Cosmetic Surgery Malpractice
In a culture where there is a high premium placed on youth and beauty, it is not uncommon for people to undergo plastic surgery or other related procedures to enhance their looks. Cosmetic surgery and related procedures, like all medical procedures, must be conducted by people that are properly trained to do the job. Depending on the procedure and the medical mistake that was involved, Los Angeles cosmetic surgery errors can lead to health complications, including:

• Severe reactions to anesthesia
• Brain damage
• Heart attack
• Scarring
• Blood clots
• Excessive bleeding
• Infections
• Nerve damage
• Numbness
• Necrosis
• Internal bleeding
• Ptosis
• Emotional trauma
• Psychological trauma
• Disfigurement
• Death

In addition to experiencing pain and suffering, cosmetic mistakes can take a financial and emotional toll on a patient--especially if the injuries sustained are physically disfiguring and/or catastrophic.

Sisters Arrested for Practicing Medicine Without License, Fox News, June 23, 2010

Sylmar sisters booked on charges of running illegal cosmetic surgery operation, Los Angeles Times, June 23, 2010


Related Web Resources:
Medical Malpractice, Nolo

Bad Plastic Surgery, Marie Claire

Continue reading "Los Angeles Medical Malpractice?: Two Sisters Arrested on Suspicion of Running Illegal Sylmar Cosmetic Fillers Business" »

PG & E Settles California Truck Accident Lawsuit for $5 Million

July 8, 2010,

The mother of Mary Bernstein has settled her California wrongful death lawsuit with PG & E for $5 Million. Bernstein and her boyfriend Robert Conway suffered fatal injuries in 2006 when their vehicle was involved in a California truck crush with a PG & E employee.

John Mayfield, who has diabetes, blacked out on the road while driving the PG & E utility truck. He apparently did not test his blood sugar level before driving that day. Mayfield has pleaded guilty to vehicular manslaughter for his role in causing the catastrophic collision and was sentenced to three years in prison.

Mary's mother, Lisa Bernstein, says she wanted to hold PG & E accountable for the tragic California motor vehicle crash. She has said that the utility company should have known that Mayfield had been involved in two car crashes outside of work and that he had to be hospitalized two times because he didn't manage his diabetes properly.

Rather than a confidential settlement, the resolution to the case is being recorded as a judgment. This means that any accident victims in the future will be able to look into the case and its outcome. The California wrongful death settlement amount also brings up the value of a single colleges student's life from $2 million to $5 million.

Earlier this month, another California truck accident case involving another diabetic was resolved. This time, the defendant was Verizon Communications.

Verizon employee Mark Zelandar was involved in a fatal Southern California car crash last September when he fell into a "twilight" state and drove the wrong way on the highway for at least five minutes. He crashed head-on into Jose Vega's minivan. Vega, 49, sustained fatal injuries.

A judge ordered Verizon to pay Vega's family $7 million. While Verizon and Selandar had argued that the truck driver had suffered a medical emergency, the plaintiffs' attorneys noted that Verizon should have known about its employee's history of hypoglycemic attacks, which fell into the hundreds if not thousands. Selander had even told his supervisors that he suffered from uncontrolled type 1 diabetes. According to the plaintiffs, even though evidence showed that Selander was not fit to work with any dangerous machinery, Verizon still let him drive the large pickup on public highways and assigned him to work the graveyard shift, which he did alone. The plaintiffs also contend that Selandar was familiar about what to do when the signs of hypoglycemia started to arise and he shouldn't have endangered others.

Wrong-Way Driver Victim's Family Awarded $7 Million, Independent.com, July 1, 2010

PG&E to pay bereaved mother $5 million in wrongful death lawsuit, MercuryNews, July 6, 2010


Related Web Resources:

Blog: Driving with diabetes, MayoClinic

Diabetes Monitor - Diabetes And Driving

Laguna Beach Wrongful Death Claim Accuses City Police of Excessive Use of Force in Fatal Shooting

July 7, 2010,

The family of Colby Koenig has filed an Orange County, California wrongful death claim against the city of Laguna Beach. The Foothill Ranch resident was fatally shot by police on January 12 at Pacific Coast Highway and St. Anne's Drive.

According to witnesses, police shot at the 25-year-old driver at least five times as he was fleeing a multi-vehicle crash site and after he had disregarded their command that he stop his 2006 Mitsubishi Evolution, which had just struck five vehicles at the St. Anne's intersection. Koenig had allegedly been driving his car at a speed of up to 100 mph on the wrong side of Coast Highway.

The family's Laguna Beach wrongful death claim says that Koenig was unarmed when he was shot and did not pose a threat to anyone. His family is asserting that inadequate training lead to the use of deadly force. They claim that the Laguna Beach police are known for improper use of police force.

Prior to his death Koenig was charged with assault with a deadly weapon The Laguna Beach police shooting is under investigation. An article published in the Laguna Beach Independent last January says that police say they shot him because they were afraid bystanders might get hurt.

Koenig's family says that, civil rights violations, intentional infliction of emotional distress, and civil conspiracy also transpired, in addition to wrongful death.

Excessive Use of Police Force
Suspects and innocent bystanders should not have to die because a police officer used excessive force. If you were a victim of police brutality or improper use of force, your civil rights have been violated. Do not be afraid to report the incident to the authorities. It is also important that you explore your Laguna Beach personal injury options.

Family of driver shot by Laguna Beach Police file claim, The OC Register, July 2, 2010

Speeding Driver Dies in Aftermath of Police Shooting, The Laguna Beach Independent, January 15, 2010


Related Web Resources:

Laguna Beach Police, Laguna Beach, Ca

Police Use of Excessive Force, Department of Justice

Santa Ana School District Seeks to Dismiss Orange County, California Personal Injury Lawsuit Alleging Special-Ed Student Was Molested by Teacher's Aide

July 6, 2010,

The Santa Ana Unified School District is seeking to dismiss the Orange County, California injuries to a minor lawsuit filed by the parents of a special-ed student who was molested by a teacher's aide in 2008. The former special-ed aide, Alonso Manuel Gonzalez, pleaded guilty last year to the misdemeanor charge of child abuse and endangerment. The original charge against him prior to the plea agreement was a felony for a lewd act with a dependent adult. He was sentenced to four years of probation, 240 hours of community service, one day in jail, and restitution. The teenager's family is also suing him for her Santa Ana, California personal injury.

In their Orange County, California injury lawsuit, the girl's family is seeking damages for the physical and mental trauma that she suffered from the molestation. They are also accusing the school district of negligence because they kept Gonzales on as an employee even though parents had complained about him for years. Among the complaints was that he behaved inappropriately with female students.

Now, however, some media are reporting that not only is the school district using 40 separate affirmative defenses in an attempt to dismiss the complaint, but it is also contending that the victim's negligence caused her trauma and injuries because she did not exercise enough care to protect herself from Gonzales. The victim, who was 17 at the time, has the mental capacity of a 7-year-old, is wheelchair bound, and cannot communicate verbally. Yet, according to the school district's attorneys, she consented to the molestation. They are also accusing the girl's parents of reckless, negligent, and careless supervision of the girl, which caused and contributed to her damages and injuries from the sex abuse.

The Santa Ana Unified School District is asking that all charges be dismissed. The defendant also want the victim's family to compensate it for legal feels.

Orange County, California Child Sexual Abuse
Child sexual abuse, molestation, and rape are crimes. The trauma caused by any type of sexual assault, especially by trusted adults on minors, cannot be quantified. A sex abuse victim may suffer from nightmares, relationship issues, eating disorders, depression, suicidal tendencies, mood swings, and other injuries. Children that are placed under the authority of abusive adults are especially vulnerable. Tens of thousands of children in the US are the victims of sexual abuse every year. Parents may be entitled to seek Santa Ana, California sex abuse damages on their child's behalf.

Santa Ana Unified School District Blames Disabled Student for Her Molestation by School Worker, Demands She Pay Their Legal Bills!, OC Weekly, June 24, 2010

School district blames disabled student for own molestation, The Raw Story, June 25, 2010


Related Web Resources:
Santa Ana Unified School District

Child Sex Abuse, American Academy of Child and Adolescent Psychiatry

Child Sexual Abuse Fact Sheet for Parents, Teachers and Other Caregivers, American Academy of Experts in Traumatic Stress