January 2011 Archives

Doctor Sued for Los Angeles Medical Malpractice Gives Up License for a Second Time

January 30, 2011,

Last year, our Anaheim injury law firm reported on the Los Angeles County medical malpractice lawsuit against San Gabriel obstetrician/gynecologist Dr. Andrew Rutland over the wrongful death of Ying Chen. The 30-year-old woman suffered a fatal heart attack after having a toxic anesthesia reaction in 2009 while Rutland was performing an abortion on her. A trained anesthesiologist was not present at the time.

Her death is considered a homicide involving, per Los chief medical examiner Dr. Lakshmanan Sathyavagiswaran, "gross and wanton disregard" of Chen. Now, Rutland has agreed to give up his medical license effective February 11. He opted to do this instead of face disciplinary proceedings of gross negligence. By settling with the California Medical Board, he is not admitting that he committed homicide.

This is not the first time that Rutland has given up his medical license. In 2002, he agreed to stop practicing after he was accused of negligence in two babies' deaths, falsifying medical records, over-prescribing pain medications, scaring patients so that they would undergo hysterectomies that weren't needed, having sex with a patient, and making surgical mistakes. His license was reinstated five years later.

With this much evidence against Rutland, he should have a hard time combating the Los Angeles wrongful death case filed against him by Chen's family. That said, our Anaheim medical malpractice lawyers cannot help but wonder at the fact that, as reported by The Orange County Register, the state's medical board has reissued medical licenses against doctors who have a record of medical negligence. Not only that, but doctors who were convicted of insurance fraud, murder, and sexual assault have been allowed to resume practicing medicine again.

Abortion doctor gives up license again over death, The OC Register, January 25, 2011

Anaheim Hills Ob-Gyn Sued for Los Angeles County Medical Malpractice Over Fatal Abortion at San Gabriel Clinic, California Injury Lawyers Blog, August 20, 2011


Related Web Resources:
California Medical Board

Medical Malpractice, Nolo

$49.2M California Car Accident Verdict Awarded to Driver's Family and CHP Officer Who is Now a Quadriplegic

January 28, 2011,

A jury has awarded Anthony Pedefferi and his wife $39 million for his California car accident injuries. Pedeferri, a former CHP officer, was standing on California 101 north of Ventura after having pulled over driver Andres Parra when they were struck by a truck driven by Jeremy White on December 19, 2007. Parra died from his injuries while Pedeferri, who sustained a spinal cord injury, is now a quadriplegic. Parra's family was awarded $10.2 million for his wrongful death.

The jury found both White and Bert's Mega Mall liable in the case--the latter for failing to properly secure the two dirt bikes that were the back of the truck that caused White to become distracted while driving that day. Meantime, White was sentenced to 15 years in prison in 2008 for his role in causing the catastrophic auto accident. He pleaded guilty to selling and transporting marijuana and gross vehicular manslaughter.

Orange County, California Car Accidents
There may be more than one party who should be held liable for your Anaheim car accident. An experienced Anaheim injury lawyer will know what to look for to determine who should pay you damages. Crash site evidence, photographs of the crash site, police reports, vehicle maintenance records, drug and alcohol tests, driving records, key receipts, and the victim's medical records are just some of the many documents and items that may have to be examined.

In any injury case, the defendant's attorneys will likely fight any attempts to recover the maximum in personal injury compensation, which is why you need your own lawyer protecting your rights.

Jury awards almost $50 million in crash that killed 1 and paralyzed CHP officer, VC Star, January 25, 2011

Ventura jury awards $49.2 million in fatal accident that paralyzed CHP officer, Los Angeles Times, January 27, 2011


Related Web Resources:
Quadriplegia, Spinal Injury

Insurance Institute for Highway Safety

Sexual Abuse Took Place at Hawthorne, California Nursing Home, Says Ex-Employee

January 27, 2011,

An ex-nursing home worker who was fired from Ideal Home Care says that he was let go because he complained about patient abuse, understaffing, and poor record-keeping at the California nursing home. Anthony Beasley started working at the nursing home, which takes care of physically and developmentally disabled adults, in May 2008.

He says that even though one male patient sexually assaulted both men and women, nursing home staff were only told to monitor him but not lock him in. Beasley says that entries he made in the staff log complaining of the patient's inappropriate behaviors were deleted or changed. He also claims that the assisted living facility was poorly staffed. Not only was he required to work 14 hour shifts, but also there were employees whose English was poor and who made medication mix-ups by giving the wrong ones to the wrong patients.

Nursing Home Sexual Abuse
Because many nursing homes patients are sick, frail, mentally ill, or disabled, they can make easy targets for sexual perpetrators. It is the responsibility of an assisted living facility to make sure that Los Angeles nursing home sexual abuse doesn't happen. This means carefully screening the people they hire so that they don't bring in employees that will abuse, neglect, or sexually assault patients. This also means carefully monitoring residents to make sure patients don't violate other residents.

In California, you can sue an assisted living facility for Los Angeles County nursing home neglect if their negligence allowed a patient to become a victim of sexual assault or any other type of violent crime. You should explore your legal options right away.

Meantime, Los Angeles County sheriff's detectives are looking at over 100 hours of graphic videos that it received last year showing men sexually assaulting mentally and physically disabled women, with some of them wearing diapers. They think the sex crimes occurred at a Los Angeles nursing home in 2007 or 2008.

Ex-caregiver alleges abuse at Hawthorne facility, Mercury News, January 26, 2011


Related Web Resources:

California nursing home violations, California Advocates for Nursing Home Reform

Elder Abuse in Nursing Homes, State of California Department of Justice

Continue reading "Sexual Abuse Took Place at Hawthorne, California Nursing Home, Says Ex-Employee" »

Family Files Claim Blaming Newport Beach Police for Orange County, California Wrongful Death of Man who Hanged Himself in Jail

January 26, 2011,

Law enforcement authorities owe a certain duty of care to suspects, detainees, defendants, and prisoners--even when they are behind bars. When failure to follow procedures or provide protection, monitoring, or the necessary medical care leads to injuries or death, the victim and his/her family may have grounds for an Orange County, California injury case.

Last week, the family of William Robert Wedgeworth filed four Newport Beach wrongful death claims against the local police. Wedgeworth used bedsheets to hang himself while in the city jail after he was arrested on suspicion of spousal battery last summer.

The family, however, contends that Newport Beach police were called to their home not for a domestic violence call but because Wedgeworth, who suffered from bipolar disorder, had a "manic episode." They say that the police had been to the Wedgeworth home in the past and were well aware that he had a mental illness. In their legal claims, they say that the decision to put the 43-year-old man in a jail cell was "reckless."

California Wrongful Death
The state's wrongful death statute lets family members sue for damages. However, when a city is the likely defendant, a claim notifying about the intent to file a lawsuit must be submitted first. Only certain family members--surviving spouse, children, dependent minors and stepchildren--can file an Orange County, California wrongful death claim. If none of these family members exist, then the deceased's parents and then the siblings or children of the siblings that have died can file a claim. If there are no living parents, then brothers, sisters, nieces, and nephews or (if there are none) then grandparents or, if none, then children of a spouse that has died or, if none, then next of kin can file.

Family seeks $34 million after man's jail death, OC Register, January 27, 2011

Related Web Resources:
Newport Beach Police Department

Wrongful Death Claims

Is it Time to Lift the California Medical Malpractice Caps?

January 22, 2011,

The rising cost of healthcare continues to make it a challenge for many Americans to get coverage for even the most basic medical care. Meantime, the debate continues over whether or not to lift the cap on medical malpractice awards. While doctors say that keeping a limit on the amount that can be awarded to plaintiffs and their families allows physicians to stay in business, many victims continue to cry foul claiming that with a malpractice caps that is too low--$250,000 in California--medical professions who make mistakes resulting in catastrophic consequences are not really held accountable. Also, is this amount enough to cover all medical costs incurred from a medical procedure gone awry that leaves a patient with a traumatic brain injury on life support ? Does this financial figure really "compensate" for a wrongful death?

The LA Times recently reported on a Los Angeles medical malpractice incident that occurred two years ago when 17-year-old Olivia Cull died after what should have been a routine, outpatient procedure at Mattel Children's Hospital UCLA. Autopsy results showed that she had suffered a heart attack at the end of the catheterization procedure that was in part caused by her congenital heart defect. She went into a coma and her parents had to take her off a ventilator several days later.

They later filed a Los Angeles medical malpractice lawsuit. Unfortunately, because of the caps it was awhile before they found a California injury lawyer willing to take the case. The hospital settled with the Culls for the maximum limit allowed under state caps.

While there is no way to place a value on the death of a loved one or one's own serious injuries from California medical malpractice, the responsible parties should be held liable. Granted, no amount of money can ever make up for a preventable death or the fact that someone must spend a lifetime with a traumatic brain injury, but isn't it important that the negligent medical professional or provider be held financially accountable for a sum that makes them go "ouch" too?

Parents assail malpractice caps after daughter's death at UCLA hospital, Los Angeles Times, January 22, 2011

Medical Malpractice Liability Caps: US Congress Holds Hearing, MEDKB, Jan 20, 2011

Related Web Resource:
Mattel Children's Hospital UCLA

Continue reading "Is it Time to Lift the California Medical Malpractice Caps?" »

Brother of Alleged Clergy Sex Abuse Victim Says He Too Was Molested by Priests at Huntington Beach Parish

January 20, 2011,

The older brother of a man who is suing Rev. Alexander Manville and former Franciscan friar and priest Gus Krumm of sex abuse is now also a plaintiff in the same Orange County, California personal injury case, which is scheduled to go to trial in July. The men are seeking damages for negligence, sexual battery, and other causes of action.

The younger brother, who is known as John Doe in court documents, sued the two men in June 2009. He claimed that they sexually abused him at the Huntington Beach parish between 1992 and 1994. plaintiffs were students at a local Catholic school when the alleged abuse happened. The plaintiffs' Newport Beach personal injury lawyer says that Manville at first subjected the victims to "bogus medical exams" and that the interactions eventually turned into rape. Although Krumm has never been prosecuted for sex abuse in criminal court, he has admitted to instances of abuse in the 1970's and 1980's.

Superior Court Judge Nancy Wieben Stock will decide next month whether the brothers can also seek punitive damages from Manville, Krumm, the Roman Catholic Diocese of Orange, and the Franciscan Friars. The brothers claim that the Franciscan Friars and the diocese exhibited a "callous disregard" for kids' safety when Krumm was transferred to Sts. Simon and Jude and gave him full access to the grammar school even though there had been allegations that he had sexually abused miniors. Krumm was allowed to work around children at the Huntington Beach parish for seven years.

Clergy Sex Abuse
Sexual abuse of any kind can be damaging from the victim, who may never fully recover emotionally. Unfortunately, for years there were many priests who went unpunished as they continued to molest members of their community, churches, and schools. Children and adults, who were sexually abused as kids, may be able to recover Huntington Beach, California personal injury damages from their abuser and other responsible parties.

Brother joins priest-abuse lawsuit, The Orange County Register, January 20, 2011

Plaintiff Files Orange County, California Child Sex Abuse Lawsuit Accusing Two Priests at a Huntington Beach Parish, California Injury Lawyers Blog, June 11, 2009


Related Web Resources:
Roman Catholic Diocese of Orange

Abuse in the Catholic Church, The Boston Globe

Los Angeles Wrongful Death: CHP officer charged with killing her husband is defendant in civil case filed by his son

January 19, 2011,

The California Highway Patrol officer that is charged with killing her husband is the defendant in a Los Angeles wrongful death lawsuit filed by his son. Tomiekia Johnson has pleaded not guilty to the murder of her spouse Marcus Lemons.

Johnson, 31, is accused of shooting her husband in February 2009 during an altercation. She then drove to her parents' residence with his body in the passenger seat. When Johnson reported the shooting, she told them that she was defending herself after Lemons became abusive. Police arrested Johnson last week after finding that her account of what happened did not match up with their investigation's findings.

Last year, DeMarco Lemons, the victim's son, sued Johnson and CHP for Lemons' Los Angeles wrongful death. The plaintiff contends that the CHP was negligent in employing Johnson and that his stepmother robbed him of a relationship with his dad. He also contends that Johnson was supposed to take anger management classes but never attended.

California Wrongful Death
If someone you love has died because of what you believe was another party's reckless or careless actions, you may have grounds for a civil lawsuit against the responsible party. The negligence on the allegedly liable party's part may be accidental or intentional. Your Los Angeles wrongful death case would be separate from any criminal case and the outcomes are unrelated. This means that even if a jury finds a defendant not guilty of murder, he/she may still be found liable in civil court. You have two years from the date of death to submit your complaint in California.

CHP officer accused of killing husband had been ordered to take anger-management classes, suit says, Los Angeles Times, January 17, 2011

Suit: Officer charged in shooting had anger issues, SF Gate, January 17, 2011

Tomiekia Johnson, California Highway Patrol Officer, Pleads Not Guilty to Husband's Murder, CBS News, January 14, 2011


Related Web Resources:
Wrongful Death Claims, Nolo

Wrongful Death, California Injury Lawyers Blog

California Highway Patrol

Police Investigating Whether Newport Beach Car Accident Involving 10 Vehicles Was Caused by Stuck Accelerator Pedal

January 18, 2011,

A violent Newport Beach multi-vehicle crash at Riverside Drive and West Coast Highway on Saturday has left three people dead: Christopher De La Cruz, from Laguna Niguel, his mom Linda Burnett, from Santa Ana, and local Julie Allen. At least three others were injured. Nine motor vehicles and one motorcycle were involved.

According to a preliminary police probe, Allen, 27, had been driving at a speed of over 90 mph on the West Coast Highway when her vehicle crossed the lane and moved into opposing traffic. While wrong-way driving, Allen's Taurus then hit a Toyota Prius, a Ford Taurus, a Nissan Titan, and a Tacoma, which De LA Cruz was driving. The Orange County Register says that the Taurus "was propelled into the air" before landing in a southbound turn lane, where it struck a motorcycle and other autos.

Authorities are trying to determine whether Allen was on her meds when the deadly Orange County, California car accident happened. The Los Angeles Times says that some of Allen's friends have said that she suffered from mental health issues and that doctors had prescribed drugs for her. Newport Beach police are also looking into whether the accelerator on Allen's car had gotten stuck. An archived post on her mom's Web site described an incident involving her daughter calling her from the freeway to report that a sticking accelerator was giving her car trouble. The post, which was not dated, is no longer available for viewing.

There are many reasons why an Orange County, California traffic crash might happen. Driver negligence, vehicle defects, a malfunctioning auto part, debris on the road, faulty traffic signs, and poor road conditions are just some of the causes.

Prescription drugs and stuck accelerator emerge as two possibilities in fatal Newport Beach crash, Los Angeles Times, January 18, 2011

3 killed in Newport Beach car crash, The Orange County Register, January 15, 2011

Continue reading "Police Investigating Whether Newport Beach Car Accident Involving 10 Vehicles Was Caused by Stuck Accelerator Pedal " »

13-Year-Old Pedestrian is Struck in Orange County, California Car Crash by Two Vehicles

January 14, 2011,

A 13-year-old student was injured this morning when he was hit by two cars. The boy was walking to Santiago Middle School when a Toyota 4Runner struck him. The impact of the Orange, California car crash pushed him into the path of Land Rover Discovery, which also hit him. He was transported to Western Medical Center for treatment of his moderate trauma injuries.

Also today, a woman was fatally injured in a Lake Forest car crash. The victim was driving a 2009 Hyundai Accent when her vehicle crashed with a 2007 Toyota Tacoma. She was pronounced dead at Mission Hospital.

Huntington Beach police say that earlier this week, a 44-year-old bicyclist was left in critical condition after he was struck by a car along the Pacific Highway Coast on Sunday night. Newport Beach resident Glenn M. Moore, the driver of the Honda Accord that struck 44-year-old Richard Lauwers, was apprehended and booked on suspicion of causing injury while driving under the influence. One witness says that the Accord and a 2006 BMW sedan had been racing right before the traffic crash happened. The vehicles collided and drove down an embankment, which was where the Accord struck the cyclist.

On Sunday morning, 18-year-old Paige Armstrong-Maltos was killed in a traffic crash on I-5 close to Crown Valley Parkway. The Concordia University student was a passenger in a 1997 Ford Crown Victoria that collided into another vehicle and then crashed out of control. The driver of the Crown Victoria, a 24-year-old Costa Mesa male resident, was reportedly moving at a high speed. The vehicle rolled over several times and Armstrong-Maltos was ejected from the vehicle.

Our Anaheim injury lawyers know that legal issues are likely the last subject that you want to be dealing with as you cope with your injuries or your loved one's death. However, in the event that you do have grounds for an Orange County, California personal injury case, it is important that the lawyer that you retain begin preparing your claim as soon as possible.

Boy, 13, walking to school hit by 2 cars, The Orange County Register, January 14, 2011

SigAlert issued after woman killed in Lake Forest crash, OC Register, January 14, 2011

Former Fresno Christian basketball star dies, Fresno Bee, January 9, 2011

Bicyclist hit by car remains critical, The Daily Globe, January 12, 2011

Continue reading "13-Year-Old Pedestrian is Struck in Orange County, California Car Crash by Two Vehicles " »

$14.4 M California Wrongful Death Verdict Awarded to Three Boys Whose Parents Were Killed in Car Crash Caused by Tire Defect

January 13, 2011,

A jury has issued a verdict recommending that a car dealership pay $14,465,864 to the three young children of Casey and Melanie Barber following couple's California wrongful deaths. The Barbers were killed in a car accident in 2006 when tire tread separation caused Casey to lose control of his Ford E350 Sportsmobile van. Their three sons were ages 3, 5, and 8 at the time.

The defendant in the California rollover crash is Mossy Ford. Other defendants in the California tire tread separation case settled with the plaintiffs for $8,300,000 prior to the wrongful death trial.

The plaintiffs' tire blowout attorneys contend that the dealership performed a faulty repair on the vehicle prior to the deadly accident. They claim that the tires were so damaged that the dealership should not have attempted to repair it. Instead, they argued that the tire should have been taken out of service.

Per the terms of the post-verdict settlement, Mossy Ford has consented to start following industry guidelines regarding tire repair practices. It has also agreed to put into place a training program so that its technicians can receive better training about safe tire repair.

Defective Tires
Tires that are defective, aged, or worn can cause serious Orange County, California car accidents. A tire blowout or tire tread separation can cause a driver to lose control of an auto, which can lead to a rollover accident or a collision with other vehicles or a pedestrian. Tire defects can occur during the design process or while the tire is being manufactured. Inadequate materials, manufacturing errors, the rush to generate quantity over quality tires, and tires that become worn from use are some of the reason why a tire blow out or tread separation accident might happen.

Jury Recommends $14M In Ford Rollover Case, 10News, January 11, 2011

Jury awards $14.4 million in wrongful-death lawsuit, Sign on San Diego, January 11, 2011


Related Web Resources:
Tire Defects, Safercar.gov

Types of Defective Product Liability Claims, Nolo

Huntington Beach Bicycle Accident Claim Seeks $250,000 for Orange County, California Personal Injury

January 11, 2011,

Eugene Grant Duke has filed a Huntington Beach personal injury claim for injuries he sustained during an Orange County, California bicycle accident. The 56-year-old local was riding his bike over the railroad tracks when he fell off it and landed on the concrete.

Duke says he suffered serious facial injuries, as well as fractured his cheekbones and right thumb. He also claims that his vision was impaired. Duke says that his Huntington Beach bicycle accident injuries required reconstructive surgery and stitches.

In his Orange County, California injury claim, Duke is seeking $250,000. He says that he fell off his bike because its front tire got stuck between two rubber surface mats. He contends that the city of Huntington Beach failed to properly inspect and maintain the mats.

Orange County, California Bicycle Accidents
Bicyclists only have their protective clothing and helmet to protect them during any type of traffic crash. This means that a fall off the bike or a traffic accident can result in serious injuries.

It is important that motorists remember that bicyclists have just as much right to use the roads as they do. Also, both drivers and cyclists must obey the different traffic laws. It is also up to the city (or whatever entity that is tasked with this responsibility) to maintain all roads and other areas that cyclists and motorists must travel. Road defects, debris, or faulty traffic signals cause serious injuries and deaths.

The Centers for Disease Control and Prevention Web site says that over 500,000 people a year are treated in emergency rooms for bicycle accident injuries. Common bike injuries can include:

• Abrasions
• Cuts
• Bruises
• Fractures
• Teeth injuries
• Facial injuries
Traumatic brain injuries
• Internal injuries
• Broken bones
• Death

Claim: H.B. man ejected from bike wants $250,000, The Orange County Register, January 10, 2011

Bicycle Related Injuries, Centers for Disease Control and Prevention

Related Web Resources:
Bicycling Info

City of Huntington Beach, California

National Highway Traffic Safety Administration

Man Stabbed to Death at Hilton Orange County/Costa Mesa Hotel on New Year's Day

January 7, 2011,

27-year-old Mission Viejo resident Robert Sickles suffered fatal injuries early New Year's Day when he was stabbed by 23-year-old Adam Randy Baker at the Hilton Orange County/Costa Mesa hotel. The two men reportedly didn't know each other.

According to prosecutors, Baker, a Dana Point resident, was sitting outside an event run by Newport Beach promotions company Ones We Love Inc. when he tossed a cigarette at Sickles, who was with friends. Police say that Baker then allegedly shoved Sickles before stabbing him in the chest with a knife. Sickles' friend, 26-year-old Brian McTeigue, was stabbed in the back. Baker, who suffered facial fractures during the altercation with Sickles and his friends, also sustained a stab wound to the back of his leg, but officials believe it was with his own knife.

An outside firm had been hired to handle security at the event. Costa Mesa Police say that this added approximately 50 private guards to the hotel's security detail. About 5,000 people were expected at the New Year event. Sickle's death is considered the first stabbing in Orange County, California for 2011.

Violent Crimes
If someone you love was killed on another party's premise during a violent crime, it is important to discover whether you have grounds for a Costa Mesa wrongful death case. Property owners can be held liable if failure to provide adequate security or prevent such crimes played a role in allowing the fatality to occur. If the death occurred during an event, the party in charge of running the event or the company contracted to provide security could also potentially be held liable. The person that committed the violent crime may also be a possible Orange County, California wrongful death defendant.

Robert Sickles, OC Homicide No. 1: Stabbed Outside Hotel New Year's Party in Costa Mesa, OC Weekly, January 4, 2010

Man charged in fatal New Year's stabbing at Costa Mesa hotel, Los Angeles Times, January 6, 2011


Related Web Resources:
Premises Liability, Justia

Hilton Orange County/Costa Mesa

Ones We Love Inc.

Continue reading "Man Stabbed to Death at Hilton Orange County/Costa Mesa Hotel on New Year's Day" »

Los Angeles Wrongful Death Lawsuit Filed Over the 2009 California 200 Crash

January 6, 2011,

The mother of Andrew Therrien has filed a Los Angeles County wrongful death lawsuit against driver Brett Sloppy and California 200 race promoter MDR Productions. Therrien, a 22-year-old Riverside man, died last August when he was struck by Sloppy's 2000 Ford Ranger, which had gone off the race course and landed in the crowd. Seven other people also died, while at least 10 others sustained injuries. Even though fans were supposed to remain at least 100 feet away from the track, the safety regulation was followed and members of the crowd had lined the track.

According to Therrien's mom, Doris Levinson, Sloppy engaged in reckless driving and MDR neglected to put into place the proper safety precautions, which created a "dangerous condition" for those who came to watch the race. MDR's alleged failures include not properly staffing and monitoring the event to ensure compliance and conformity, neglecting to put up temporary fencing to keep spectators at a safe distance from the race course, not creating an event operating plan, not conducting pre-race course monitoring, and failing to set up rules of conduct for spectators or post hazard information on large signs.

Following an internal probe of the California 200 crash, the federal Bureau of Land Management, which is in charge of managing the off-road recreation area, acknowledged that it failed to follow its own rules. Levinson also intends to sue BLM for wrongful death.

Property owners and event managers can be held liable for Los Angeles premises liability or wrongful death if negligence to prevent or remedy a hazard contributes to causing an injury or fatality on the premise. There may be more than one party who should be held liable.

Lawsuit filed for man killed during race, The Sun, January 4, 2011

Victim's Mom Sues in Deadly Desert Race Disaster, TMZ, December 29, 2010

California Off-Road Race Kills 8 and Injures 12 in Mojave Desert, California Injury Lawyers Blog, August 17, 2010


Related Web Resources:
Off Road Desert Race Series, MDR Productions

Bureau of Land Management

Santa Ana Man Files Orange County, California Motorcycle Accident Lawsuit Against the County, the State, and the City of San Clemente

January 4, 2011,

Miguel Gama Macias is seeking over $200,000 in Orange County, California personal injury compensation following a San Clemente motorcycle accident he was involved in on I-5 last March. The Santa Ana motorcyclist says that he suffered a head injury, internal bleeding, and a lacerated spleen when his motorbike struck an unmarked raised curve as he was about to make a legal stop.

In his San Clemente injury complaint, Macias is arguing that not only was the curb too steep to allow for safe driving but also the fact that it was unmarked made it a hazardous condition on a public premise. He claims that the defendants should have known or knew that the curb was a hazard that posed a danger not just to the plaintiff but also to the rest of the public. Macias contends that the safety issue was preventable and could have been remedied. He wants Orange County, California premises liability recovery for disability, pain, income loss, medical costs, and mental distress. At the time of the traffic crash, Macias was uninsured.

California Motorcycle Accidents
Contrary to popular belief, not all single motorcycle crashes occur because the motorcyclist was negligent or made mistakes. Some single motorcycle collisions happen because of a defect or debris on the road, a traffic light malfunction, the motorcycle had a defect, or its tire blew out. Poor weather and road conditions can also play roles.

Regardless of the cause of the Orange County, California motorcycle crash, in many cases the motorcyclist will have sustained serious injuries. Remember that except for a helmet and any protective clothing, a rider won't have much else to protect him/her from the impact of a collision. In many cases, the motorcyclist may even be thrown off the bike and onto the road or into a concrete wall, a road barrier, or oncoming traffic.

Motorcyclist sues city, county, state over I-5 accident, The OC Register, January 4, 2011

Read the Complaint (PDF)


Related Web Resources:

Motorcycles, NHTSA

California DMV Announces New 2011 Laws, California Department of Motor Vehicles

Continue reading "Santa Ana Man Files Orange County, California Motorcycle Accident Lawsuit Against the County, the State, and the City of San Clemente " »

$5M Los Angeles Wrongful Death Claim Filed in Teen's Ecstasy Overdose at Electric Daisy Carnival

January 3, 2011,

The family of Sasha Rodriguez has filed a $5 million Los Angeles wrongful death claim against the county, the city, and the Los Angeles Memorial Coliseum. Rodriguez, 15, died after collapsing from an ecstasy overdose at the Electric Daisy Carnival rave last June. She then went into a coma and died a few days later.

Rodriguez's family contends the Coliseum either knew or should have known that the rave, produced by Insomniac Events, "would attract, promote, encourage, facilitate and enable widespread illegal and illicit activity, including but not limited to the possession, sale and consumption of illicit drugs." The 15-year-old was able to take part in the rave, even though there is a 16-and-over age requirement. Anyone under that age was supposed to be accompanied by an adult. Rodriguez was there with friends. Her family's Los Angeles wrongful death claim alleges that even though the Coliseum Commission should have known or knew that the rave would attract minors, it did not act to enforce the minimum age requirement.

Some 185,000 people attended the Electric Daisy Carnival, which is a two-day event. About 220 people were injured at the gathering and about 120 ended up going to the hospital. Drug intoxication was the most common reason for why people sought medical care. Also, some people got hurt while trying to push barriers to get into the event.

According to the LA Weekly, some LA commissioners have said that they are aware that young people take drugs at such events but they believe it is better that they do so at a facility where there are police and medical personnel present rather than at an "underground" event. About one ecstasy death a year reportedly occurs at megaraves held at the Los Angeles Coliseum and its sister venue the LA Sports Arena.

Family Of Late Teen Sasha Rodriguez Files $5 Million Claim Against City, County For Allowing Electric Daisy Carnival Rave To Happen, LA Weekly, January 3, 2010

Family files claim over teen's death after a rave, Los Angeles Times, January 3, 2010

Family of Teen Who Died at L.A. Rave Files $5M Claim, KTLA, January 3, 2011

226 People Hurt During Festival at Los Angeles Memorial Coliseum and Exposition Park, California Injury Lawyers, June 28, 2010


Related Web Resources:
Electric Daisy Carnival

Los Angeles Memorial Coliseum