September 2010 Archives

Los Angeles Wrongful Death Trial in Murder of Joanne Harris Scheduled to Start Next Week

September 30, 2010,

The Los Angeles wrongful death trial in the 2007 Culver City murder of Joanne Harris has been rescheduled to start October 4. Harris's mother, Martha Loui Harris, is suing Scott Ansman, the state of California, and the Army National Guard for damages.

Ansman, a California Army National Guard Sgt., was convicted for the murder of Harris, a 29-year-old National Guard recruit, and her unborn fetus in 2009. He was sentenced to life in prison without parole for bludgeoning Harris with a baseball bat and stabbing her multiple times with a knife. The murder took place at the National Guard Armory in Culver City.

Harris had claimed that Ansman, who was married with three kids, was the father of her unborn son (DNA tests later showed that he was not the baby's father). In her Los Angeles County wrongful death complaint, Harris' mother contends that the murders of her daughter and unborn grandchild could have been prevented if officials had investigated a claim that Ansman wanted to kill the two of them.

Earlier this month, Superior Court Judge Kevin C. Brazile ruled that National Guard Sgt. Erik Hein won't have to give a deposition during the Los Angeles wrongful death case. Personal problems and health reasons were cited. Hein's wife has died and he was seriously injured in a car crash. However, he may still have to take the stand during the civil trial.

During Ansman's criminal trial, Hein testified that the defendant told him that he wanted to harm Harris and her fetus. Hein reportedly told his superiors on several occasions about his concerns but they did not tell the Culver City Police Department until after he told them that Ansman tried to cause Harris to miscarry.

California Wrongful Death
You may be able to hold the person convicted of killing your loved one liable for the victim's California wrongful death. Not all wrongful deaths are accidental. Some are a result of a person's intent to inflict actual harm. Your civil lawsuit and its outcome would be separate from the criminal case filed by prosecutors.

Trial in Wrongful Death Suit Delayed, CulverCityPatch, September 27, 2010

In Harris-Ansman Suit, Judge Excuses Hein, TheFrontPageOnline, September 7, 2010

Fmr Soldier Sentenced in Woman's Murder, MyFoxLA, September 23, 2009


Related Web Resources:
2009 California Code of Civil Procedure - Section 377.60-377.62 :: Article 6. Wrongful Death, Justia

Wrongful Death Overview, Justia

California Wrongful Death Lawsuit Seeks Damages for Man Who Drowned While Rescuing Daughter from Car

September 29, 2010,

A California wrongful death trial is scheduled to start next month against Stanislaus County over the drowning of Crows Landing resident Hector Alvarez. The 41-year-old man died after rescuing his daughter from a car, which had gone into a creek in 2005. Alvarez's family claims that the county knew that Eastin Road would get flooded during storms yet neglected to close the road.

Alvarez and his daughter Brisa Alvarez Garcia were returning from a party when she lost control of the 2001 Kia Rio, which was swept into the stream. By then storms had caused water to rise to about four feet across the road.

Garcia says that her father got out of the car and helped her escape before he drowned. Her mother and brother, who arrived to the rescue, were also swept into the creek in their car. Newman firefighters would later use rope to rescue them.

The county's attorneys are claiming that public agencies cannot be held accountable for storms and their effects. Also, a CHP officer found that Garcia was at fault for failing to ignore the warning sign that said that Eastin Road was subject to flooding. They say that Alvarez's blood-alcohol level on the night of his drowning accident was .26%.

However, Robert Snook, a collision expert, is noted (per the Modesto Bee) as saying during a sworn deposition that even though Alvarez's BAC was above the legal driving limit, he hadn't been driving the car when the tragic accident happened. Snook also said that Garcia would have had to be driving at a speed of under 23 mph that night for her car to have not gone into the creek.

Alvarez isn't the only one to drown off Eastin Road. Last January, Roberto Herrera Avila, a 74-year-old man, drowned when he drove his vehicle around barricades that had been placed in the same area where the 2005 accident happened and his SUV was flooded with water. Several vehicles have also gone into the creek via that same stretch of road.

Examples of Road Defects that Can Cause Serious Orange County, California Car Accidents:

• Potholes
• Inadequate signs or warnings or safety markings
• No guardrails
• Lack of proper safety measures at highway work zone
• Poorly designed roads
• Cracks in the asphalt
• Lack of barricades

Trial date nears in Stanislaus County drowning lawsuit, The Modesto Bee, September 27, 2010

Body found in Stanislaus County canal identified, News10ABC, February 22, 2010


Related Web Resources:
Stanislaus County, California

Car Accidents, Proving Fault, Nolo

Anaheim Car Accident on I-5 Injures Five People

September 28, 2010,

The California Highway Patrol says that a man has been arrested on suspicion of drunk driving related to a Anaheim, California car crash involving two vehicles that took place early Monday on I-5N. The alleged drunken driver's name is Sabah Mikha, who is a 23-year-old Oceanside resident.

During the Orange County, California traffic crash, one of the motor vehicles overturned on the right shoulder, which caused all lanes to temporarily close. Five auto collision victims that were transported to the hospital. They are Los Angeles residents Maria Garcia-Salas, 24, Elizabeth Garcia, 22, Rosa Garcia, 5, Evelyn Aguilar, 19, and Jesus Garcia, 20. They sustained minor to moderate injuries.

Also last night on the I-5 Freeway, Francisco Cinto, a 40-year-old Santa Ana man, was killed when an SUV collided with his disabled car. Cinto had turned on his Toyota Corolla's hazard lights after his car broke down. Unfortunately, that did not prevent a 2007 Chevrolet Tahoe, driven by a 21-year-old man, from rear-ending his vehicle.

According to the police report, the younger driver was not able to stop his Tahoe, which was going at about 70 mph and was behind another vehicle that suddenly swerved around Cinto's car to avoid striking it, in time. The impact of the crash sent the Tahoe across all freeway lanes before it struck a concrete wall.

Cinto was pronounced dead at the Orange County, California car accident site. The other driver was taken to the hospital for treatment of his moderate injuries.

Common Causes of Anaheim Car Crashes:

  • Drunk driving
  • Distracted driving
  • Speeding
  • Aggressive driving
  • Road defects
  • Auto defects
  • Driver inexperience
  • Poor road or weather conditions

Disabled car rear-ended; Santa Ana man killed, OC Register, September 28, 2010

5 injured in early-morning crash on I-5, MSNBC, September 27, 2010

Continue reading "Anaheim Car Accident on I-5 Injures Five People" »

Recent Long Beach Car Accidents Cause Injuries and Death

September 27, 2010,

Police say that a Long Beach car accident on Redondo Avenue on Saturday has claimed the life of one driver while leaving another with injuries. The Los Angeles County motor vehicle crash occurred at around 10:31 am when a 2010 Scion making a left-hand turn collided with a 2010 Toyota Prius.

The Prius' driver, a 57-year-old Lakewood man, sustained massive chest and head trauma. He was pronounced dead at a hospital. The Scion's driver, a 21-year-old Signal Hill resident, broke both his legs. Long Beach police say that the driver of the Scion failed to yield the right of way to the driver of the Prius, who had the green light.

Earlier that day, in another Long Beach motor vehicle accident, two people were critically injured during a multi-vehicle collision involving a driver going north in the southbound lanes on the 710 Freeway. Three others sustained minor injuries during the wrong-way car crash.

The four-vehicle accident occurred north of Anaheim Street when a 23-year-old man in a van entered the freeway from the exit ramp. He struck an SUV, which then hit two other autos.

The driver of the van and the driver of the SUV are the ones who sustained multiple injuries. The van's driver was arrested on suspicion of driving under the influence.

Driver killed in Long Beach crash, Contra Costa Times, September 26, 2010

Two injured in possibly DUI-related freeway crash, Press-Telegram, September 25, 2010


Related Web Resources:
California Department of Motor Vehicles

California Highway Patrol Traffic Incident Information Page

Continue reading "Recent Long Beach Car Accidents Cause Injuries and Death" »

Newport Beach Personal Injury Claim Seeks $850,000 for Woman Run Over by Lifeguard Truck

September 25, 2010,

A 55-year-old Orange resident is seeking $850,000 in Orange County, California personal injury compensation from the city of Newport Beach for injuries she sustained when she was run over by a lifeguard truck. Janice Coia says she fractured her pelvis, sustained "extreme bruising," and suffered emotional distress over the incident.

Coia says the Newport Beach injury accident happened last month as she lay on the beach. According to her Orange County, California injury attorney, the lifeguard, who was using a loudspeaker to order surfers from the water because conditions had turned precarious, did not see his client and ran over her with one set of wheels before he heard her scream and stopped the vehicle.

Newport Beach officials are not disputing Coia's claim. They are hoping to settle her case.

This is not the first time that a beachgoer has been run over by a vehicle at an Orange County, California beach. In 2001, a man was injured when he was run over by a lifeguard near Huntington Beach Pier. Another person, who had to undergo shoulder surgery after being run over by a police officer's vehicle in 1993, settled a Newport Beach personal injury claim for $125,000.

Accidents can happen while on a beach or another public premises. If negligence occurred on the part of the entity that owns the beach (or one of its employees) that contributed to creating a hazard on the property that caused the injury accident, you may have grounds for an Orange County, California premises liability claim. If th entity doesn't respond to your claim or you are unable to agree on a settlement, you may want to file a civil lawsuit.

Woman run over by lifeguard, seeks $850,000, OC Register, September 3, 2010


Related Web Resources:
Premises Liability, Justia

City of Newport Beach

$9 Million Los Angeles County Medical Malpractice Verdict Upheld by California Appeals Court

September 23, 2010,

The California Court of Appeals has upheld the $9 million Los Angeles County medical malpractice awarded to a woman whose physician failed to diagnose that a shunt in her brain had caused an infection. The appeals court affirmed the jury's decision that CareMore Medical Group doctor Harley Deere was negligent in the medical care that he provided Maria Theresa Sanchez.

Several years ago, when Sanchez was 37, was treated in the emergency room at Downey Regional Medical Center. The doctor there said that a shunt-related infection (Sanchez had a peritoneal shunt in her head because she suffers from hydrocephalus) needed to be ruled out, so she was taken to Lakewood Regional Hospital.

At the Lakewood hospital, CareMore doctor Jason Austin examined her and then consulted with Deere, who is a neurosurgical consultant. Although Austin's notes to Deere did not include Sanchez's symptoms or the fact that she was there to have an infected shunt ruled out, Sanchez's Los Angeles County medical malpractice lawsuit contends that not only did Deere fail to check the records provided by the other physicians that had seen her, but also he never tested her for an infection to her shunt.

Her complaint also claims that as her condition grew worse and another doctor worried that she might be suffering from an infection, Deere and another Caremore physician disregarded the concerns. The medical group did not admit her to the emergency room until fell from her wheelchair.

The shunt in her head was eventually removed after another doctor diagnosed it. Unfortunately, Sanchez, who sustained brain damage following her infection, is now partially paralyzed, can't walk, has a hard time sitting, has slurred speech, needs help when eating, and continues to experience pain.

Los Angeles Medical Malpractice
When negligent medical care compromises the patient's health or results in serious injuries, the victim will usually have grounds for filing a California medical malpractice case. A wrong or delayed diagnosis of a serious condition can cause the patient to experience prolonged pain and suffering that may require more invasive and costly medical treatments and other services. Some cases of delayed or misdiagnosis have led to catastrophic injuries and deaths that could otherwise have been prevented.

Maria Theresa Sanchez v. Caremore Medical Group

Related Web Resources:
Hydrocephalus

Failure to Diagnose, Wrong Diagnosis

Hyundai and Family of Man Killed in 2005 Santa Ana Motorcycle Crash Reach Orange County, California Wrongful Death Agreement

September 22, 2010,

Nearly five years after 23-year-old Ryan Dallas Cook was killed in a Santa Ana car crash, his family and Hyundai have agreed on the terms of their Orange County, California wrongful death agreement. Cook died on October 19, 2005, after a vehicle driven by then-Hyundai executive Youn Bum Lee struck the motorcycle he was riding on the Costa Mesa Freeway (I-55). Cook, who was thrown off his motorcycle and onto the pavement, was then run over by other cars. Lee, who was drunk and driving without his lights on, then fled the crash site.

In their Santa Ana wrongful death complaint, Cook's relatives sued the automaker and Lee for Cook's California wrongful death. Not only did they accuse Hyundai of encouraging employees to drink excessively while at company functions, but also, they contend that Hyundai executives tried to help Lee avoid police.

After leaving the Santa Ana, California car accident site, Lee parked his car in the Hyundai parking lot outside its Fountain Valley offices. He then left the country for South Korea. He was eventually extradited back to the United States where he later pleaded guilty to gross vehicular manslaughter while intoxicated and leaving a crash site. Last year, Lee was sentenced to nine years in prison.

The terms of the Santa Ana wrongful death settlement are confidential.

Orange County, California Wrongful Death
There may be more than one party who should be held liable for your loved one's death. Granted, filing a Santa Ana wrongful death complaint won't bring your family member back, but it can cover costs, losses, and damages incurred. Your civil case would be unrelated from any criminal case. This means that even if the negligent party isn't convicted of a crime for causing your loved one's passing, you still may be able to hold them accountable through the civil court system.

Hyundai settles over death of motorcyclist, OC Register, September 17, 2010

Settlement Reached in Hyundai Exec's DUI Case, NBC LA, September 17, 2010


Related Web Resources:
Orange County, California Wrongful Death Trial Awaits Former Hyundai Executive For Fatal Santa Ana Motorcycle Crash, Californiainjurylawyersblog.com, December 9, 2010

The California Driver's Handbook

California Auto Products Liability Settlement Reached in Wrongful Deaths of Saylor Family Due to Toyota Sudden Acceleration

September 21, 2010,

Nearly 13 months after the deaths off-duty CHP officer Mark Saylor, his wife Cloefe, daughter Mahala, and brother-in-law Christopher LaStrella in a sudden acceleration car crash, their families have reached a California auto products liability settlement with Toyota over their wrongful deaths. The settlement also resolves the auto products liability case against Bob Baker Lexus but doesn't cover the negligence claim filed by the victims' relatives against the El Cajon dealer. Bob Baylor Lexus had loaned the defective car to Saylor family while their vehicle was in the shop. In Los Angeles County Superior Court on Monday, Judge Anthony Mohr says he would likely sign a sealing order to keep the terms of the California wrongful death settlement confidential.

The Saylor family and LaStrella died on August 28, 2009 in a San Diego car crash when the 2009 Lexus ES that they were riding accelerated to speeds of over 120 mph before striking an SUV, flying off an embankment, rolling over a number of times, and bursting into flames.

It was this sudden acceleration car accident that led to a recall of millions of vehicles over ill-fitting floor mats and defectively designed gas pedals. Recalls of millions of other Toyota vehicles for brake problems, engine valve issues, and other safety problems have taken place since then. Earlier this year, the US Transportation Department fined Toyota $16.4 million for failing to tell federal authorities about the gas pedal issue sooner.

Over 100 auto products liability lawsuits claiming personal injury or wrongful death and at least 138 potential class action complaints have been filed by plaintiffs that have experienced sudden acceleration issues. Thousands have submitted complaints to safety officials. Last month, Koua Fong Lee was released from prison after his conviction for criminal vehicular homicide involving a Toyota car was dismissed.

Lee had been sentenced to 8 years in prison for the June 10, 2006 car crash death that killed two people and injured three. One of the injury victims, 6-year-old Devyn Bolton, was left paralyzed from the neck down and survived for a time. Lee has always said that the Toyota Camry he was driving accelerated out of control when it rear-ended the other vehicle.

Toyota Acceleration Lawsuit Settlement Likely to Remain Sealed, Fox News, September 21, 2010

Toyota settles suit over deadly wreck, Los Angeles Times, September 18, 2010

Toyota Driver Koua Fong Lee Released from Prison; No New Trial for Deadly Crash, CBS News, August 6, 2010

California Auto Products Liability Lawsuit Filed Against Toyota in Lexus Acceleration Accident that Killed CHP Officer and Three Family Members, Californiainjurylawyersblog.com, March 8, 2010


Related Web Resources:
Toyota Newsroom, Toyota.com

National Highway Traffic Safety Administration

NHTSA Reports 3,081 California Traffic Accident Deaths in 2009

September 17, 2010,

The latest 2009 statistics show that the number California motor vehicle accident deaths went down last year. According to the National Highway Traffic Safety Administration, in its 2009 Traffic Safety Facts Research Note, says there were 3,081 California traffic crash fatalities in 2009. That's 353 less traffic fatalities than in 2008.

More California Traffic Fatality Facts:
• 950 DUI-related traffic deaths in 2009 (down from 1,025 California DUI deaths in 2008)
• 394 California motorcycle crash deaths in 2009 (down from the 560 motorcyclist deaths in 2008)

California DUI grants, a poor economy, and better motorcycle training are some of the reasons attributed to why the number of California traffic fatalities has gone down for the fourth year in a row.

Nationally, there was also a significant decline in traffic fatalities. The NHTSA says that there were 33,808 motor vehicle traffic crash fatalities in 2009--a 9.7% decline from the 37,423 traffic deaths in 2008. This the lowest number of traffic deaths since 1950 when 33,186 people reportedly died.

Other 2009 US Traffic Crash Facts:
• 2,217,000 Total traffic injuries
• 503 large truck collision deaths
• 17,000 truck crash injuries
• 4,462 motorcycle crash deaths
• 90,000 motorcyclist injuries
• 4,092 pedestrian deaths
• 59,000 pedestrian injuries
• 630 pedalcyclist deaths
• 51,000 pedalcyclist injuries

Obviously, any traffic death or injury that occurs is one too many. Many motor vehicle crashes could have been prevented if only the other party involved hadn't been negligent. Drunk driving, distracted driving, speeding, traffic violations, road defects, poor travel conditions, and auto defects continue to be among the common crashes of California traffic accidents.

In Orange County, San Bernardino County, Los Angeles County, and Riverside County, our Anaheim car accident attorneys represent clients and their families that have suffered injuries and deaths because of a negligent driver, auto manufacturer, or another liable party.

U.S. Transportation Secretary LaHood Announces Lowest Traffic Fatalities in Six Decades, NHTSA, September 13, 2010

Highlights of 2009 Motor Vehicle Crashes, NHTSA (PDF)

Related Web Resource:
Stats show drop in California traffic fatalities, Visalia Times-Delta, September 11, 2010

California Office of Traffic Safety

Michael Jackson's Mother Files Los Angeles Wrongful Death Lawsuit Against AEG Live

September 16, 2010,

Katherine Jackson, the mother of Michael Jackson, is suing AEG Live for Los Angeles wrongful death. Mrs. Jackson is claiming that the concert production company caused her son's death by making him rehearse for this This is It comeback tour, even though he wasn't feeling well, and hiring and directing Dr. Conrad Murray to oversee the singer's medical care. She claims that the defendant knew that the singer was in poor health yet ordered him to stick to a rigorous rehearsal schedule.

Katherine is accusing the concert production of company of failing to keep Jackson out of harm's way and prioritizing the pursuit of massive profits over her son. She says that during the week that he died, AEG CEO Randy Phillips even went to her son's house and threatened to cancel the tour if he missed another day of rehearsal. Katherine contends that AEG could have relaxed the rehearsal schedule to allow her son to get better. Instead, he was forced to show up to rehearsals. Jackson died on June 25, 2009 after going into cardiac arrest.

Katherine's Los Angeles wrongful death complaint was submitted on the same day that Dr. Murray presented his court papers asking that the wrongful death lawsuit that Michael's dad Joseph Jackson filed against him be dismissed. Murray contends that because Joe is not a beneficiary of the pop star's estate, the case should be dropped.

Murray was with the singer when he went to cardiac arrest. He was the one who gave him a powerful mix of sedatives in the hours leading up to his death. The coroner has ruled that the performer's death was a homicide caused by acute propofol intoxication. The doctor has pleaded not guilty to involuntary manslaughter.

Michael Jackson's mom sues production company AEG Live for son's death, CNN, September 16, 2010

Jackson doc seeks dismissal of wrongful death case, TriValley Central, September 16, 2010

Joe Jackson Files Wrongful Death Suit On Anniversary Of Son's Death, Huffington Post, June 25, 2010


Related Web Resources:
AEG Live

Michael Jackson's This is It

Michael Jackson Timeline, CBS News

San Clemente Woman Files Laguna Beach Medical Malpractice Lawsuit Accusing Gynecologist of Burning Her and Branding Her Uterus

September 15, 2010,

Ingrid Paulicivic, a San Clemente resident, is suing Dr. Red Allinsod for Laguna Beach medical malpractice. She is seeking unspecified damages for not just Orange County, California medical negligence but also for battery. Paulicivic is claiming Laguna Beach personal injury for burn injuries that she sustained while the gynecologist used an electrocautery device to brand her name on her uterus.

Allinsod took out Paulicivic's uterus during a hysterectomy. He says that although it wasn't required, he carved her name on the organ because he didn't want to mix it up with others. Allinsod has said that he "felt comfortable" branding Paulicivic's name on the uterus because he and the patient were good friends. However, the plaintiff's California injury attorney claims that his client did not know the doctor before consulting with him about the surgery.

In her Orange County, California medical malpractice complaint, Paulicivic contends that the decision to brand her name on the uterus was dangerous and unnecessary and performed without her consent. She claims that while Allinsod was branding the organ, which he had placed on her lap, he burned her in her thigh area. Allinsod has admitted that prior to Paulicivic, he had never branded another patient's organ or body part.

Paulicivic's husband Joe is also a plaintiff. He is seeking damages for loss of consortium, disruption of marital harmony, permanent injuries, and damages.

Doctors are not supposed to perform unnecessary medical procedures, which can result in injuries and health complications that could otherwise have been prevented. They are also supposed to obtain a patient's informed consent before conducting any medical procedure or course of treatment. Unauthorized medical treatments can be painful, costly, lead to infections, and even death. They also can be very traumatic for the patient and his/her loved ones.

Just recently, in another case of alleged negligence, a mother sued a hospital for circumcising her newborn without her consent. Circumcision is forbidden in Vera Delgado's family and she specifically told medical staff members that she didn't want the procedure performed on her son.

Doctor sued for 'branding' patient's uterus, CNN, September 14, 2010

Florida Hospital Circumcision Brings Lawsuit, News.Gather.com, September 13, 2010

Read the Complaint, The Smoking Gun


Related Web Resources:
What is a strong medical malpractice case, Lectlaw.com

Medical Malpractice, Wrong Diagnosis

Laguna Beach Personal Injury Lawsuit Filed Against City, Caltrans, and Construction Company for Hit-and-Run Accident

September 13, 2010,

A man who was injured in a hit-and-run accident last December has filed a Laguna Beach, California personal injury complaint against the city, construction firm All American Asphalt, and the city. Luke Perisin, an Orange County Fire Authority firefighter and paramedic who was off-duty at the time, is claiming that inadequate warning signs and poor lighting at a highway construction zone created road conditions that contributed to causing his Laguna Beach pedestrian accident.

Perisin was crossing Pacific Coast Highway at around 12:55 am on December 5 when he was struck by a white Toyota Corolla or Prius and was thrown some 50 feet. The driver did not stop at the Laguna Beach car accident site and police have yet to find the vehicle.

Perisin contends that at the time of the Orange County, California traffic crash, the intersection did not have reflective paint to delineate the lane and crosswalk lines. He also claims that there were inadequate warning signs, insufficient lighting, and a lack of the proper reflectors. In his Laguna Beach injury lawsuit, Perisin is accusing the defendants of failed to remedy the conditions on the road even while knowing that they posed a safety hazard.

The firefighter sustained what he has described as "near catastrophic" injuries and had to undergo intensive care, surgery, and physical therapy. He also had to use a wheelchair for several weeks. In his Laguna Beach personal injury claim, which he filed earlier this year and prior to this lawsuit, Perisin said that he was not able to go back to work following the hit-and-run crash.

Common Causes of Orange County, California Pedestrian Accidents:
• Road defects
• Poorly designed roads
• Drunk driving
• Distracted driving
• Speeding
• Pedestrian errors
• Faulty traffic signs
• Poor weather conditions
• Drugged driving
• Failure to yield the right of way
• Rear-end crashes that end up pushing one of the vehicles into the pedestrian lane

Hit-and-run victim files claim with Laguna Beach, OC Register, September 8, 2010

Hit-and-run driver injures O.C. firefighter, ABC7, December 9, 2009

San Bernardino County Nursing Home Abuse Lawsuit Blames Assisted Living Facility for Patient's California Wrongful Death by Suicide

September 10, 2010,

The family of Lance Macpherson is suing the Del Rosa Villa nursing home for San Bernardino nursing home abuse and negligence and wrongful death. Macpherson, 52, died in 2009 when he hung himself with a belt on a fence surrounding the assisted living facility. Macpherson suffered from schizophrenia and had a history of mental disabilities. His sisters are the plaintiffs.

According to their San Bernardino wrongful death complaint, the nursing home was negligent when it left their brother unattended despite being ordered to place Macpherson on suicide watch. The fatal incident was not the first time that the deceased tried to kill himself.

His sisters claim that even though Macpherson's behavior had deteriorated on the night that he would go on to commit suicide, nursing home staff reportedly watched him wheel himself out of the facility. Some 20 minutes later, someone called the desk to report the hanging.

The plaintiffs contend that the San Bernardino nursing home did not abide by its own "Policy and Procedure Regarding Suicide Threats," neglected to follow MacPherson's care plan, allowed him to stay in possession of an item that he could use to hurt himself, and were unaware of his mental disorders, suicidal tendencies, or why he was even at the nursing home. Two months after his suicide death, the state issued an AA citation to the assisted living facility, fining it $90,000 after determining that inadequate nursing care contributed to MacPherson's passing.

There are nursing home residents that must be supervised so that they don't wander off, hurt themselves, or injure others. Patient's with Alzheimer's, dementia, or other types of mental disabilities are among those at risk of getting hurt when they aren't properly monitored. It is the responsibility of San Bernardino nursing homes to provide this supervision and attention and they can be held liable if the failure to do either results in personal injuries, wandering accidents, slip and fall incidents, nursing home abuse, sexual assault, patient violence, or wrongful death.

San Bernardino nursing home fined after patient's suicide, The Press-Enterprise, August 13, 2010


Related Web Resources:
California Department of Public Health

CalQualityCare.org

Skilled Healthcare Group Inc. Settles $677 Million California Nursing Home Negligence Class-Action Lawsuit for $50 Million

September 9, 2010,

Two months after a jury ordered Skilled Healthcare Group Inc. to pay some 32,000 plaintiffs $677 million for California nursing home negligence, including the understaffing 22 of its assisted living facilities, the nursing home operator has settled the class-action case for $50 million.

Skilled Healthcare says that it will place the $50 million into escrow accounts. It claims that paying the verdict amount would have exhausted its insurance policies and credit lines. The jury had rendered a verdict that imposed the maximum amount of damages allowed for health code violations. In addition to statutory damages, another $58 million was added for a violation of the California Consumer Legal Remedies Act.

By agreeing to settle, Skilled Healthcare is not admitting wrongdoing. It has, however, agreed to have an outside monitor watch its nursing home staff levels over the next two years. Under state law, California nursing homes are supposed to provide each patient with 3.2 nursing hours a day.

Skilled Healthcare, which is based in Southern California, owns about 100 nursing homes throughout the US and makes about $760 million in yearly sales.

California Nursing Home Negligence
Nursing homes are supposed to provide patients with a certain level of care, including a specific minimum amount of nursing attention each day. Unfortunately, nursing home neglect is the cause of injuries, health complications, and deaths for many nursing home patients each year.

If you suspect that your loved one got hurt, became even more sick, or was the victim of nursing home abuse or neglect or patient violence as a result of inadequate nursing care or some other form of Orange County, California nursing home negligence, it is important that you immediately explore your legal options.

Skilled Healthcare To Pay $50M Settlement in Nursing Home Lawsuit, California Healthline.org, September 9, 2010

Parties in Skilled Healthcare lawsuit due back in court today, Times-Standard, September 2, 2010

Jury imposes maximum damages on Skilled Healthcare; nursing home chain faces upwards of $600 million for health code violations, Contra Costa Times, July 7, 2010


Related Web Resources:
California Nursing Home Negligence Lawsuit Against Skilled Healthcare Group Inc. Seeks Personal Injury Recovery for 32,000 Patients, Californiainjurylawyersblog.com, June 15, 2010

Skilled Healthcare Group

California Department of Public Health

California Consumer Legal Remedies Act

Orange County, California Pedestrian Accidents in Santa Ana, Huntington Beach, and Garden Grove Cause Injuries and One Death

September 7, 2010,

A mother, her 10-year-old child, and baby sustained serious injuries this morning in a Huntington Beach pedestrian accident at Springdale and Croupier Drive. According to police, the woman, who was pushing the infant in the stroller, and the 10-year-old were in a crosswalk when a vehicle that had stopped to allow them to pass was pushed into the pedestrian lane by another auto that rear-ended it.

All three Huntington Beach pedestrian accident victims were transported to the hospital. Two of them are in reportedly serious condition.

The accident is under investigation. In the Orange County Register, one local resident noted that the crossing signal at the intersection was disabled years ago and that it is not uncommon for drivers to operate their vehicles at 60 mph instead of at under the 45mph speed limit.

The mother and two children were not the only ones to get hurt in an Orange County pedestrian accident today. A Seal Beach man died after he was hit in a Garden Grove truck crash on the right shoulder of the eastbound 22 freeway. Witnesses say that the man may have been checking on a disabled motor vehicle.

Just yesterday, nine people were struck in a Santa Ana pedestrian accident on West McFadden Avenue close to Graham Lane. According to police, the car driven by 43-year-old Miguel Sandoval first struck a woman and her 2-year-old daughter, dragging them under the SUV and over the sidewalk more than 50 feet before striking 7 other people. Sandoval was arrested on suspicion of DUI.

Our Anaheim pedestrian accident law firm knows how devastating it can be to suffer catastrophic injuries during an Orange County, California pedestrian accident. In addition to serious injuries and vehicle damage, you will likely have medical expenses, rehabilitation bills, lost wages, and other losses to contend with. It is important that you explore your legal options as soon as possible.

Cops: Drunk Driver Hits 9 People, Drags 2-year-old Girl, KTLA, September 7, 2010

Man hit, killed by big-rig on 22, OC Register, September 7, 2010

Woman, child in stroller hit in crosswalk, MSNBC, September 7, 2010


Related Web Resources:
Pedestrian and Bicycle Fatalities in California, Dot.Ca.Gov

California Department of Transportation