August 2010 Archives

Los Angeles Products Liability Lawsuit Seeks Damages from Riddell Sports Inc. for Teen's Permanent Traumatic Brain Injury

August 31, 2010,

Nearly one year after high school football player Edward Acuna sustained a catastrophic traumatic brain injury during his school's homecoming football game, his family is suing Riddell Sports Inc. for Los Angeles products liability. They contend that the football helmet that the 17-year-old Garey High School senior was using was defectively designed and dangerous. The helmet that Acuna was wearing has been called "the official helmet of the NFL."

Yet according to his family's Los Angeles injury complaint, the padding on the front of the helmet was defective and the manufacturer knew as far back as at least 2000 that this flaw was potentially dangerous. Yet, despite this alleged knowledge, the plaintiffs claim that Riddell did not conduct the proper inspections and tests to fix the problem.

Acuna got hurt on October 16, 2009 when he was struck by a player from the other team during the 4th quarter of the game. He lost consciousness and was flown to LAC-USC Medical Center where he underwent an emergency craniotomy for brain swelling and hemorrhaging.

Acuna was diagnosed with a left subdural hematoma that left him with a permanent disability, serious mental, physical, and nervous system pain and suffering, and partial paralysis. He also will need medical care for life.

Acuna's family is seeing unspecified damages from Riddell for Los Angeles product liability, as well as punitive damages for allegedly reckless and careless manufacture, design, distribution, and marketing, and the failure to adequately warn about the dangers and risks associated with using the helmet.

California Products Liability
Design defects, manufacturing flaws, improper instructions, and inadequate warnings about the risks and dangers involved are some of the reasons why parties injured as a result of these safety issues and defects may have grounds for a Los Angeles County products liability case. Even if the defendant did not engage in any misconduct by intentionally designing or making a defective or dangerous product, strict liability law can still force a product designer or manufacturer to be held accountable.

Riddell sued over helmet, The Daily Bulletin, August 25, 2010

Pomona Garey Teenager with Severe Brain Injury Sues Riddell for Defective Football Helmet, Salient News, August 25, 2010


Related Web Resources:
Riddell Sports Inc.

The Problem with Football: How to Make It Safer, Time.com

Warning sign on youth football head trauma, Boston.com, January 28, 2009

Anaheim Fall Accident Injures Man Waiting in Line At Disney's California Adventure Park

August 30, 2010,

In a recent Anaheim injury accident at Disney's California Adventure, a 20-year-old man received medical care after he fell 25 feet from a platform while in line to ride The Twilight Zone Tower of Terror. According to a Disney spokesperson, the man climbed over a barrier and lost his balance. Following the incident, Disney shut down the ride while paramedics provided the injured parkgoer with medical care.

Amusement Park Accidents
Like other premise owners, amusement park owners must ensure there are no hazards on the property that can cause serious injuries or deaths to visitors. This means making sure that the attractions are safe for parkgoers to ride and that safety precautions have been put in place to prevent slip and fall accidents, fall accidents, violent crimes, and other injury accidents from happening.

Injury accidents that occur on amusement park rides can prove catastrophic. Just recently, a 12-year-old suffered serious injuries on a freefall ride at Extreme World in Wisconsin on July 30. Teagan Marti fell 10 stories to the ground when the harness that was holding her released her.

Ride operator Charles Carnell has said that he "blanked out" and took off the girl's harness before the safety nets could catch her. He is charged with first degree reckless injury. Doctors say that Marti may be paralyzed.

Some other recent amusement park accidents:
• A 45-year-old woman and 36-year-old man experienced back pain after riding the Hollywood Rip Ride Rockit coaster at Universal Studios Florida.

• A 54-year-old man had a heart attack and a 74-year-old man became ill after riding the Expedition Everest in Disney's Animal Kingdom.

• A 68-year-old woman who rode Spaceship Earth at Epcot experienced chest pain.

• A 27-year-old man became ill after getting on the Mission: Space at Epcot Center

• A 65-year-old man experienced chest pain and a 72-year-old woman had a seizure after riding Kilimanjaro Safaris at Disney World's Animal Kingdom.

• A 61-year-old woman broke her arm and a 68-year-old woman broke her hip when exiting the Mad Tea Party in the Magic Kingdom at Disney World.

A woman is also suing Walt Disney Parks and Resorts for the injuries and post-traumatic stress she says that she suffered Disney employee dressed as Donald Duck grabbed one of her breasts and molested her at Epcot Center in 2008. She is seeking damages for negligence, battery, and infliction of emotional distress.

Disney, Universal report amusement park accident, Orlando Sentinel, August 30, 2010

Man falls 25 feet from ride line at Disney park, CNN, August 20, 2010

Park "Repairs" at Crime Scene Where Girl Fell, CBS News, August 20, 2010

Delaware County woman claims Donald Duck groped her, Philly.com, August 12, 2010


Related Web Resources:

RideAccidents.com

AccidentWatch, Theme Park Insider

Continue reading "Anaheim Fall Accident Injures Man Waiting in Line At Disney's California Adventure Park" »

Huntington Beach Trip and Fall Among the $17,600 in Claims Recently Filed Against the City

August 29, 2010,

According to the Orange County Register, from August 13 - 17, 2010, seven claims were filed with the city of Huntington Beach seeking at least $17,600 in damages. One of the Huntington Beach personal injury claims was submitted by a Brea woman who contends that she suffered neck, leg, and back injuries when she fell into a utility hole. The woman says that the 6-inch plastic cover that is supposed to conceal the hole had worn away. She is seeking at least $10,000 for her Orange County, California fall accident injuries.

Another woman, 57-year-old Debbie Reinbold, is seeking $5,944 for her Huntington Beach trip and fall accident. She says that she had to get stitches for a head laceration injury.

The OC Register is also reporting that between March 31 and June 30, 2010 the city of Huntington Beach paid over $343,000 to settle six cases, including:

• One woman, Paul Lemons, received a $120,000 settlement after she was struck while on the beach by an ATV operated by a city worker.

• Howard Linn, who claimed he was injured when his vehicle was struck by a police car in 2007, agreed to a $159,000 Huntington Beach injury settlement.

• Harold Hill received $30,000 for his wife Cora Hill's slip and fall accident that occurred because of a puddle in an area where the lighting was poor. Cora, who sustained a femur fracture, died months later and her husband claims that the Huntington Beach premises liability accident contributed to her fatal stroke.

Injuries on another party's property can be grounds for an Orange County, California personal injury lawsuit. Before filing your lawsuit against Huntington Beach, you must first file a claim with the city to allow it to turn down your claim or pay it.

7 claims seek $17,600 from Huntington Beach, OC Register, August 26, 2010

Huntington Beach shells out $343,000 in settlements, OC Register, August 16, 2010


Related Web Resources:
Slip and Fall, Nolo

Investigating Slips and Falls: The Complex Dynamics Behind Simple Accidents, LawGuru/Safety-Engineer.com

Orange County, California Personal Injury Settlement Reached in Case Against Claim Jumper Over Condom Found in French Onion Soup

August 27, 2010,

Philip Hodousek, 51, and his wife have settled their Mission Viejo, California personal injury lawsuit against Claim Jumper Restaurants for an undisclosed sum. Hodousek is the man who found a condom in his French onion soup while eating at the restaurant on April 12, 2009.

The Hodouseks had gone to Claim Jumper in Mission Viejo for Easter bunch. According to the trial brief, Philip was eating the soup when what he thought was cheese that he was chewing turned out to be a prophylactic. A lab that later tested the condom found female DNA on it.

The Hodouseks sued Claim Jumper for Orange County, California personal injury, including emotional distress. The couple claimed that the incident negatively affected their relationship because they became too scared to have sex. They said the company accused them of planting the condom in the soup so that they could obtain money to pay $300,000 in back taxes.

By settling neither party is admitting to or denying liability. Claim Jumper Restaurants also apologized for statements made that may have cast the couple in an "unfavorable" manner.

Food Injury Lawsuits
Foreign items in food can cause serious injuries, which is why restaurant owners, their employees, food service providers, food manufacturers, and grocery stores must make sure that their food is free from contamination. Just recently, a restaurant patron filed a personal injury lawsuit against Chipotle. Robert Miner says that on September 16, 2008 the restaurant served him a burrito that contained a black metal wire in it. The wire pierced his throat and he had to undergo surgery to have the 2-inch piece removed.

There are also, of course, food-related injury complaints filed by people filed who got sick because they were served food that was spoiled or contaminated. Earlier this year, several customers sued a Subway restaurant for serving contaminated food. Some of the victims had contracted Salmonella.

Claim Jumper Restaurant Settles Condom-In-My-Soup Lawsuit, LaWeekly, August 26, 2010

Man sues Chipotle, claims wire was in his burrito, Chicago Breaking News, August 3, 2010

Mission Viejo Man Files Orange County, California Personal Injury Lawsuit Against Claim Jumper Alleging He Found Condom in Soup, California Injury Lawyers Blog, July 22, 2010


Related Web Resources:
Claim Jumper Restaurants

Chipotle

Food Poisoning, eMedicineHealth

$5.5 Million Los Angeles County Medical Malpractice Settlement Reached with Family of Redondo Beach Cheerleader who Sustained Permanent TBI

August 26, 2010,

Los Angeles County and the family of 15-year-old Elizabeth Nicks have agreed to settle her family's California injuries to a minor lawsuit for $5.5 million. On August 16, the media reported that the county's Board of Supervisors was expected to vote on the Los Angeles medical malpractice settlement amount on August 17.

Nicks sustained her catastrophic injuries after receiving medical attention at County Harbor-UCLA Medical Center. She had been admitted to the hospital after she fell on on August 30, 2007 during a cheerleading accident at Aviation Park on August 30, 2007. Doctors at the hospital diagnosed and treated her small subdural hematoma. Five days later, Nicks was discharged from the hospital.

She became unresponsive the following day and was transported back to the hospital, where she was then diagnosed with retardation, massive brain damage, and paralysis. Her family's Los Angeles County medical malpractice lawyer contends that because the hospital decided not to conduct a CT scan prior to Nick's leaving the hospital, the medical staff failed to discover that her hematoma had grown in size during her stay there. Now, Nicks needs continuous nursing care.

By agreeing to settle the family's Los Angeles traumatic brain injury lawsuit , the county is not admitting fault. In addition to a lump sum payment of $2.45 million, over the next forty years Nicks' family will receive monthly payments that will eventually total $3.05 million. Nicks' parents will also get $250,000 in noneconomic damages.

Last month, Nicks' family settled their Los Angeles injuries to a minor lawsuit with Redondo Beach Youth Football & Cheer for an undisclosed amount.


Los Angeles Medical Malpractice

Unfortunately, medical mistakes can result in catastrophic injuries that can impair and disable a patient for life.

Examples of medical errors:

• Medication overdose
• Birthing malpractice
• Failure to diagnose cancer or other serious illnesses
• Surgical mistakes
• Wrong diagnosis
• Failure to provide the proper treatment in a timely manner
• Anesthesia errors
• Poor post operative care

$5.5M settlement reached in Redondo Beach cheerleader's injury, Contra Costa Times, August 15, 2010


Related Web Resources:
Redondo Beach Youth Football & Cheer

County Harbor-UCLA Medical Center

Woman Awarded $3.1 Million Santa Ana, California Nursing Home Negligence Verdict for Morphine Overdose that Caused Brain Damage

August 24, 2010,

A jury has awarded Barbara Lefforge a $3.1 million Santa Ana, California nursing home negligence verdict. The Long Beach woman suffered brain damage in 2007 when she was accidentally administered a morphine overdose by staff at St. Edna Subacute & Rehabilitation Center. She had been admitted to the Santa Ana assisted living facility for just 5 ½ hours when the medication mix-up occurred.

Family friend and podiatrist Wesley Kobayashi had mistakenly recommended that Lefforge, who had just undergone tendon repair surgery, be given 50 mg of morphine for pain instead of 50 mg of Demerol. Lefforge's Santa Ana, California nursing home neglect lawyer contends that the assisted living facility should have caught the mistake.

Also, even though Lefforge was given an overdose--30 mg of morphine--she was allegedly not monitored or taken to the hospital until the following day. The jury determined that the Santa Ana nursing home was 90% liable while holding Kobayashi 10% liable.

Medication Mistakes
It is important that nursing home residents are given the right medication, at the correct dosage, and at the right times. Failure to give a patient his or her medication can delay recovery. Other medication mistakes can cause health issues, overdoses, addictions, adverse reactions, serious injuries, and even wrongful death.

Some Signs of Morphine Overdose:

• Clammy or cold skin
• Drowsiness
• Palpitations
• Constipation
• Nausea
• Breathing problems
• Decreased blood pressure
• Lungs in fluid
• Bluish nails or fingers

Unfortunately, medication mistakes continue to occur at Orange County, California nursing homes and hospitals. These errors are preventable, which makes the serious injuries and deaths that can result even more tragic.

Nursing facility morphine overdose costs $3M, Mercury News, August 20, 2010

Woman injured at O.C. nursing home gets $3.1 million, OC Register, August 19, 2010


Related Web Resources:
Complications of Morphine overdose, Wrong Diagnosis

Nursing Home Guide, California Advocates for Nursing Home Reform

Anaheim Hills Ob-Gyn Sued for Los Angeles County Medical Malpractice Over Fatal Abortion at San Gabriel Clinic

August 20, 2010,

The family of Ying Chen is suing Anaheim Hills obstetrician/gynecologist Dr. Andrew Rutland for Los Angeles wrongful death. The 30-year-old woman died in July 2009 while undergoing an abortion procedure from Rutland. Chen had suffered a deadly reaction to local anesthesia and had a heart attack. San Gabriel physician Dr. Lars Erik Hanson, the owner of the clinic where the abortion took place, is also a defendant.

According to the Los Angeles medical malpractice complaint, the clinic was not properly equipped for an abortion. They also claim that the ob-gyn failed to do enough to revive Chen. Meantime, Rutland denies that he did anything wrong and claims that the anesthesia complication that Chen died from was "unpreventable."

Chen's death, at first ruled an accident, has been reclassified as a homicide. This, after California Medical Board investigators provided the Los Angeles County Coroner's department with more information.

In a June report, Dr. Lakshmanan Sathyavagiswaran, the chief medical examiner, said that "gross and wanton disregard for the well being" of Chen was involved. He also said that the abortion may have had a different outcome if it had been done in a hospital with a trained anesthesiologist. An anesthesiology consultant who assessed the case says that Rutland did not try to revive Chen until a paramedic asked the gynecologist if he knew how to perform CPR.

The Anaheim Hills doctor lost his medical license in 2002 over the death of a baby that he delivered. He admitted to birthing negligence. Rutland got his license back in 2007. Next February, there will be another hearing to determine whether Rutland will lose his license once more. Meantime, he cannot deliver babies or perform surgical abortions.

Los Angeles abortion malpractice often leads to serious health complications for the mother. As with any medical procedure, there is a certain standard of care that doctors must provide a patient. Failure to adhere to those standards can be grounds for an Anaheim Hills medical malpractice case.

Other examples of Los Angeles gynecologist medical malpractice:
• Failure to diagnose cancer
• Infertility malpractice
• Failure to act following an irregular pap smear test
• Failure to diagnose fibroids
• Birthing malpractice
• Episiotomy errors
• Failure to perform C-section in a timely manner


Family sues doctor in abortion death
, OC Register, August 16, 2010

Doctor appointed as medical board supervisor had been disciplined in New York, California ,Reporting Health, February 2, 2010

Related Web Resources:
Medical Malpractice, Nolo

Los Angeles County Department of Coroner

Westminster Woman Files Huntington Beach Trip and Fall Claim Against City Over Broken Hip and Fractured Knee

August 18, 2010,

Carol Puszert, a Westminster resident, has filed a $20,000 Orange County, California trip and fall claim against the city of Huntington Beach. The 59-year-old woman claims that she was injured on April 26 when she tripped on a parking block and fell after leaving a yoga class at the Murdy Recreation Center.

Puszert contends that the parking block was hard to spot because it is the same color as the asphalt. She had to undergo hip replacement surgery and seek medical care for her knee. She was also hospitalized for a week and had to miss work for 10 weeks so she could recover. Puszert wants Huntington Beach personal injury compensation for pain and suffering and lost wages.

Trip and Fall Accidents
Orange County, California trip and fall cases usually involve the victim falling after tripping, either on an object that is abruptly raised from the ground or on the ground itself after falling into some type of pothole. For example, in another Huntington Beach trip and fall case, a woman who was rollerblading tripped and fell when one of her skates got caught in a pothole. The city settled with her for $10,000.

Trip and fall accidents can be extremely painful and can cause serious injuries that can take awhile to recover from. A landlord or property manager of the grounds where a trip and fall accident occurred can be sued for Orange County, California premises liability over Huntington Beach slip and fall and trip and fall injuries if negligence on his/her part allowed the injury accident to happen. Depending on the specifics of the accident, there also may be other parties that are liable for the plaintiff's personal injuries.

Woman trips after yoga class, wants $20,000, OC Register, August 9, 2010

Related Web Resources:
Proving Fault in Accidents on Dangerous or Defective Property, Nolo

Garden Grove Woman Files Huntington Beach Trip and Fall Claim Asking for $100,000, a Maid, and a Motorized Scooter, californiainjurylawyersblog.com, June 29, 2010

Premises Liability, Justia

California Off-Road Race Kills 8 and Injures 12 in Mojave Desert

August 17, 2010,

The Bureau of Land Management has launched an "official national review" into the tragic off-road race at the at the California 200 in the Mojave Desert on Saturday that claimed the lives of 8 people and injured 12 others. The federal agency is trying to determine whether the promoter, Mojave Desert Racing of El Monte, abided by safety rules.

The deadly California injury accident happened when pickup truck driver Brett Sloppy lost control of his modified, 3,500-pound Ford Ranger after he went soaring in it off a hill known as the "rock pile." There was no guardrail to block his vehicle from rolling into the crowd at a high speed. One man described the wreckage as a "blood zone," while hundreds of onlookers were witness to the tragedy. Six people died at the crash site and it was over half an hour before rescuers could arrive to the remote area that is only reachable via a rutted dirt road.

Although fans are supposed to stay 100 feet away and on just one side of the track, these safety restrictions were not upheld. Video footage from the deadly California pickup truck wreck shows that the crowd was lining the track.

Killed in the California off-road race accident were Brian Wolfin, 27, Andrew Therrin, 22, Zachary Freeman, 24, Dustin Malson, 24, Aaron Farkas, 25, Anthony Sanchez, 23, Danica Frantzich, 20, and an 8th victim. Carty was not injured during the accident.

Off-road racing tends to be a largely unregulated sport to begin with, but there are still important safety rules that should be followed. Failure to enforce safety regulations and eliminate hazards can increase the risks of injury and accident.

Federal agency to probe deadly accident at California 200, Los Angeles Times, August 16, 2010

Off-Road Racing Accident Kills 8, Prompts Safety Concerns
, ABC News, August 16, 2010

Off-road racer rolls truck into crowd, killing 8, AP/Google, August 15, 2010


Related Web Resources:
Bureau of Land Management

The Mojave Desert

Continue reading "California Off-Road Race Kills 8 and Injures 12 in Mojave Desert" »

Los Angeles Medical Malpractice Settlement Awarded To Woman Without Cancer Whose Breasts Were Removed

August 13, 2010,

After having her breasts because two pathologists wrongly diagnosed her with breast cancer, Ana Jimenez-Salgado will receive a Los Angeles County medical malpractice settlement of over $220,000 for her personal injuries. $198,000 is for the actual settlement that was covered by Medi-Cal. The additional $24,756 was approved by the Los Angeles County Board of Supervisors for Jimenez-Salgado's medical expenses that are not covered by the California Medicaid program.

The plaintiff underwent breast removal surgery at Los Angeles County-USC Medical Center. She then had surgery to reconstruct her breasts. Pathologists that examined tissue from the procedure determined that she never had breast cancer. Instead, her condition had been benign "features... similar to cancerous cells."

Jimenez-Salgado then filed a Los Angeles County medical malpractice lawsuit against the pathologists who had incorrectly diagnosed her with breast cancer, and the county, because its doctors were the ones that removed her breasts. She said the County-USC staff was negligent because they relied on the outside pathologists' interpretation of her condition. She also contends that the County-USC's medical team that performed her reconstructive surgery did so negligently and that, as a result, she experienced a lot of pain.

The county has admitted that Jimenez-Salgado had to undergo an unnecessary mastectomy because its medical team did not review the biopsy specimens. Since then the hospital has changed its policies so that staff pathologists must review biopsy specimens obtained by outside sources. It is also no longer sending patients to outside facilities for biopsies that are MRI-directed.

A mastectomy is a major procedure for a woman. Not only does it entail the removal of at least one breast, but it can be a very emotionally charged experience. Many women view their breasts as part of their identity as females. To choose to undergo a mastectomy--especially with the fear that not doing so could prove fatal--is a big decision. misdiagnosing you as having breast cancer and performing an unnecessary mastectomy can both be grounds for an Orange County, California medical malpractice case.

L.A. County settles with woman on removal of breasts, Los Angeles Times, August 11, 2010

Woman who had unnecessary mastectomy gets $198,000, Google/AP, August 11, 2010


Related Web Resources:
Los Angeles County-USC Medical Center

Misdiagnosis of Breast Cancer, Wrong Diagnosis

Former Senator Ted Stevens Killed in Plane Accident

August 10, 2010,

Former Alaska Senator Ted Stevens has died in a plane crash. The aviation accident took place on Monday evening close to a small fishing town on Bristol Bay. Four other plane passengers were also killed. The cause of the private plane accident is not yet known. Former NASA administrator Sean O'Keefe and his son Kevin were among the four that survivors. The private plane was reportedly headed to a luxury fishing lodge belonging to General Communications, Inc., a local telecom company.

According to the Federal Aviation Administration, the plane, a 1957 DeHavilland DHC-3T, which is owned by GCI, took off at 2pm on Monday and was not required to file a flight plan. Weather condition grew poor however, and the small plane crashed at around 7pm. Rain and fog also hampered search efforts, and rescuers were not able to land close to the wreckage, which was on a 40-degree mountain slope, until this morning.

With 41 years in the US Senate, Stevens was the longest-serving Republican. He lost his seat in 2008 after he was convicted of corruption charges. However, the conviction was later set aside because of prosecutorial misconduct. This was not the first plane crash that the 86-year-old former politician had been involved in. Steven survived an aviation accident in 1978 that claimed the life of his former wife Anne. Stevens leaves behind his wife Catherine and six children.

Anaheim Plane Crashes
Our Anaheim aviation accident lawyers know how devastating it is to lose someone you love in an Orange County, California plane crash. The National Transportation Safety Board says that plane passengers have a 50 times greater chance of dying in a private aircraft than on a commercial flight--this risk is especially high in California, which was where 182 of the 1,670 plane accidents that happened in 2005 took place.

Patron of Alaska dies in air crash, Los Angeles Times, August 10, 2010

Alaska's terrain, weather complicates flying, searching, CNN, August 10, 2010


Related Web Resources:
Ted Stevens Biography, AP, August 10, 2010

Plane Accidents Overview, Justia

San Bernardino County Wrongful Death?: Ontario Mother Says Judge Wouldn't Limit Father's Visitation Rights to 2-Year-Old Son

August 9, 2010,

Andrea Gallegos and her parents are considering filing a California wrongful death lawsuit against San Bernardino County, superior court judge John M. Pacheco, and others because they could have prevented the death of her 2-year-old son, Isaac in April. The boy's father, 26-year-old Alez Baeza is charged with murder and assault on a child. He has pleaded not guilty.

Andrea says that she went to court last year after the first time her son returned from an unsupervised visit with Baeza with injuries, including scratches and a large bruise. After listening to Baeza's version of what happened, which was that the boy hurt himself when he jumped into a spa, Judge Pacheco determined that there was no reason to modify Baeza's visitation rights and threatened to take custody away from Andrea if she didn't cooperate with the boy's father over visitation.

Andrea says that her son came back from visits with his dad two more times with injuries but that she didn't go back to court because of the judge's statements. In April, Isaac sustained a blow to his head while visiting his dad in Moreno Valley. He was declared brain dead and placed on life support so that his organs could be donated. Andrea says that the child welfare system failed her. Although Baeza's family says that the toddler injured himself when he fell off a bed, homicide detectives contend that the injuries are abuse-related.

San Bernardino County Wrongful Death
Not all parties that are sued for San Bernardino County wrongful death are considered directly responsible for causing a person's passing. In some instances, it is a party's failure to act that can contribute to causing the death.

Ontario family faults judge in toddler's killing, The Daily Bulletin, August 5, 2010

Family: System failed to protect boy, 2, The Press Enterprise, August 3, 2010


Related Web Resources:
Hearing Custody Transcripts (PDF)

Child Protective Services, Department of Social Services

$12.2 Million California Pedestrian Accident Verdict Awarded to Traumatic Brain Injury Victim Who Remains in a Coma Even After Four Years

August 5, 2010,

A jury has awarded Emily Liou $12.2 million for the catastrophic California personal injuries that she sustained when a car struck her on March 28, 2006. The then 17-year-old, who was in a crosswalk, now suffers form a severe traumatic brain injury and remains in a vegetative state. Liou now permanently requires round-the-clock care.

The crosswalk that she was in when she was struck was marked and located on a crest of the road that drivers cannot see until they are about 100 feet away. Also, there were no stop signs or lights there to regulate traffic. Liou's California traumatic brain injury lawyers contend that "Caltrans has known for years" that pedestrians have a "false sense of security" when it comes to marked crosswalks. Three other fatal pedestrian accidents have occurred at this same crosswalk in the past 15 years.

According to a nearly 40-year-old study that examined 400 pedestrian accidents that occurred during the 1960's over a 5-year period, nearly two times as many pedestrian accidents occur in crosswalks that are marked than in their unmarked counterparts. The study, commissioned by the city of San Diego, was later referred to in a Caltrans-sponsored study.

In Liou's case, The California jury found Caltrans 50% liable and held the driver, who (although she was driving way under the speed limit) did not yield to the pedestrian, 30% liable. They determined that Liou, who was wearing dark clothes when the accident happened and failed to see the approaching vehicle in time to react, was 20% at fault.

Pedestrians are vulnerable to catastrophic injuries. A permanent traumatic brain injury can leave the victim impaired for life and the medical expenses to allow a person to live a certain quality of life with a TBI can be astronomical.

There is also the loss of what a person's life could have been like if only he/ she was not hurt so badly, as well as the loss that family and friends face now that their relationship with that person is irrevocably altered. There are also other damage, including loss of income and benefits.

$12.2M verdict for Millbrae crash, SM Daily Journal, July 15, 2010

When Marked Crosswalks Can Be More Dangerous For Pedestrians, California Progress Report, July 19, 2010


Related Web Resources:
California Department of Transportation

Continue reading "$12.2 Million California Pedestrian Accident Verdict Awarded to Traumatic Brain Injury Victim Who Remains in a Coma Even After Four Years " »

$40 Million Irvine Wrongful Death Lawsuit Seeks Compensation Over Woman's Fatal Orange County, California Slip and Fall at Great Park Ice Skating Rink

August 4, 2010,

Cherlynn Tang's family has filed an Orange County, California wrongful death lawsuit against the city of Irvine and the Great Park Corporation. They are seeking $40 million in damages.

Tang, 49, died after slipping and falling backward while attempting to exit the Great Park ice rink last February. She struck her head during the Irvine slip and fall accident and was pronounced dead at Western medical hospital two days later.

According to the Irvine wrongful death complaint, Great park officials did not properly design or maintain the temporary ice skating rink, failed to put safety rules into action, and did not have emergency officials available to help Tang after she fell. The plaintiffs contend that Tang slipped on melted water that had been allowed to accumulate on the rink. Meantime, Officials say that two monitors were at the rink to watch the skaters and that Tang did not choose to wear a helmet, which was provided as optional.

Tang, who leaves behind a husband and three children, died during a family outing on Valentine's Day. According to the family's Santa Ana wrongful death lawyer, the family continues to grieve over their loss.

Head Injuries
Striking your head during an Irvine fall accident, slip and fall accident, car accident, or sporting event can prove fatal. What may seem like a minor fall resulting in a slight bruise may really be an Orange County, California traumatic brain injury. Falling down on hard snow or ice can result in serious head injuries, as evidenced by Tang's death.

Signs that your head injury may need medical attention:

• Headaches
• Sleepiness
• Nausea
• Confusion
• Irritability
• Problems speaking or walking
• Dilated pupils
• Vomiting
• Numbness or weakness in the legs or arms
• Seizures

Property owners must make sure that there are no hazards that can cause an Orange County, California slip and fall accident.

Lawsuit: Unsafe ice rink led to Great Park death, OC Register, August 3, 2010

Irvine mother dies after falling at Great Park ice rink, Los Angeles Times, February 17, 2010


Related Web Resources:
Head Injuries: What to Watch for Afterward, FamilyDoctor.org

Orange County Great Park

Traumatic Brain Injury Information Page, National Institute of Neurological Disorders and Strokes

Five Malibu Car Accidents on Pacific Coast Highway Lead to Calls for Action to Make The Route Safer

August 3, 2010,

Members of the Malibu community are calling on the city to make the Pacific Coast Highway safer. Already this year, there have been five Los Angeles County car accident deaths on the scenic route.

Although the city of Malibu has invested $180,000 in another full-time motorcycle unit, the California Department of Transportation has set up yellow plastic paddles next to traffic medians to prevent illegal U-turns, and a bike lane is being set up at the town's north end, people are still saying that these safety steps are not enough. Just last month, Seabee Petty Officer Oscar Avila Mendoza, 23, was killed close to Zuma View Place in a Malibu car crash involving a wrong way driver. Mendoza's passenger, Seabee Petty Officer Jesus Saenz, had to be flown to UCLA Medical Center for treatment of his California injuries. The driver who was going the wrong way up the highway, James Sorg, died from his Malibu motor vehicle crash injuries. Witnesses say Sorg was driving at speed over 80 mph.

In April, a Malibu pedestrian accident claimed the life of Emily Rose Shane. The 13-year-old girl suffered fatal injuries when a car driven by 26-year-old Sina Khankhanian hit her.

Police believe that Khankhanian may have been suicidal and that he purposely tried to crash his motor vehicle. He admitted that he had taken prescription drugs. He is charged with murder.

Our Los Angeles County car accident lawyers want to remind you that it is important that you not speak with the other party's insurer. We know that you may be feeling disoriented and devastated following your Malibu injury accident. However, it is now more important than ever that you take care of your interests and explore your legal options.

Malibu girl's death prompts safety push on Pacific Coast Highway, Los Angeles Times, July 31, 2010

Malibu crash that killed two and injured one may have been suicide, Swrnn.com, July 17, 2010

Wrong-way driver identified in Malibu fatal crash, Ventura County Star, July 26, 2010

Emily Rose Shane, 13-year-old, Struck, Killed In Malibu Crash, Huffington Post, May 10, 2010


Related Web Resources:
Emily Rose Shane

Pacific Coast Highway

Continue reading "Five Malibu Car Accidents on Pacific Coast Highway Lead to Calls for Action to Make The Route Safer" »