Recently in Wrongful Death Category

July 28, 2010

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

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

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

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

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

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

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

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

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

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

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


Related Web Resources:
Los Angeles Police Department

Wrongful Death, Justia

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July 14, 2010

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

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

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

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

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

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

Horacio has pleaded not guilty to the murder charges.

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

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

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


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

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

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


Related Web Resource:
Inadequate Security Articles

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July 8, 2010

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

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

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

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

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

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

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

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

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

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


Related Web Resources:

Blog: Driving with diabetes, MayoClinic

Diabetes Monitor - Diabetes And Driving

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July 7, 2010

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

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

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

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

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

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

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

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

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


Related Web Resources:

Laguna Beach Police, Laguna Beach, Ca

Police Use of Excessive Force, Department of Justice

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June 30, 2010

Mother of Missing Woman Files Los Angeles Wrongful Death Lawsuit Against County and Sheriff's Department

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

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

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

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

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

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

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

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

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


Related Web Resources:
Los Angeles Sheriff's Department

Los Angeles County

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June 27, 2010

Parents Awarded $15 Million California Wrongful Death Verdict Against Enterprise Rent-A-Car Over Fatal 2004 Motor Vehicle Crash That Killed Their Two Daughters

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

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

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

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

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

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

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


Related Web Resources:
Enterprise

California Department of Transportation

Safercar.gov

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June 25, 2010

Michael Jackson's Father Files Los Angeles Wrongful Death Lawsuit

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

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

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

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

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

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

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

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

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

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

Michael Jackson Biography, Biography

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June 11, 2010

Parents File California Wrongful Death Lawsuit Against School District Over Teen's Tragic Drowning

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

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

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

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

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

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

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

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


Related Web Resources:
Atascadero Unified School District

Unintentional Drowning: Fact Sheet, CDC

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June 7, 2010

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

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

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

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

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

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

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

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


Related Web Resources:
Catalina Scuba Luv

Scuba Diving Safety

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

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June 3, 2010

David Carradine's Widow Files Los Angeles Wrongful Death Lawsuit Against French Film Company

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

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

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

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

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

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

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


Related Web Resources:
David Carradine, IMDB

Wrongful Death, Nolo

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May 14, 2010

Family of Woman Fatally Struck by LAPD Police Cruiser Sues for Los Angeles Wrongful Death

The family of Devin Leigh Petelski is suing the Los Angeles Police Department for her California wrongful death. The 25-year-old woman died on October 15, 2009 when her car was hit by a patrol car that was headed to a burglarly site.

At the time of the Los Angeles car accident, police officers James Eldridge and Ramon Vasquez reportedly did not activated their vehicle's sirens and flashing lights--as mandated by police policy when speeding to a 911 call--to let other motorists and pedestrians know that they were rushing to a possible crime scene. They also did not tell dispatchers that they were going to a possible burglary-in-progress and were driving faster than the 40 mph speed limit.

Police officers have a responsibility to drive their vehicles safely even when they are headed to a crime scene, responding to an emergency call, or pursuing a suspect during a high-speed chase. According USA today, about 360 people a year are killed during police pursuits alone. Often, innocent bystanders, including pedestrians and the occupants of other vehicles that happen to be on the road at the time are the ones that are injured.

Traffic laws, pedestrian lanes, traffic signals, and other safety measures are in place to prevent California motor vehicle accidents, injuries, and deaths. The rules of the road don't stop applying just because a police officer has a job to do. Police officers must warn others when they are speeding through roads so that motorists and pedestrians can stay out of their way. Cops also must exercise caution by making sure that they don't accidentally cause pedestrian accidents and auto crashes.

Family and friends blame LAPD for woman's death in Venice crash, Los Angeles Times, November 20, 2009

Deaths lead police to question high-speed chase policies, USA Today, April 23, 2010

Related Web Resources:
Los Angeles Police Department

Wrongful Death Claims
, Nolo

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May 13, 2010

Jury Awards $29.1 Million California Nursing Home Neglect Verdict to Family of Patient who Died from Infected Bedsore

A jury has awarded $1.1 million in wrongful death recovery and $28 million in punitive damages to the daughter of Frances Tanner. Jury members were unanimous in finding that Colonial Healthcare and parent company Horizon West of Rocklin committed California elder abuse against the dementia patient.

In March 2005, Tanner, then 79, moved into the nursing home. Seven months after moving into the assisted living facility, she died from an infected bedsore that she developed after breaking her hip during a fall accident.

The jury determined that the defendants' behavior was fraudulent and malicious and oppressive. Witness testimony during the California nursing home abuse trial included statements from one former employee who said he would never let a family member live at the home. Allegations of corporate greed, poor medical documentation, and chronic understaffing were also made.

Tanner's death was the fourth time in a year that Colonial Healthcare was linked to the death of an elderly resident. The nursing home's lawyers had argued that the assisted living facility had taken good care of the elderly patient and that it should not be held liable for Tanner's fatal pressure sore. Following the California wrongful death verdict, Tanner's daughter Elizabeth Paos expressed relief over the outcome and said that her mother had received justice.

Bedsores
Assisted living facilities know how a bedsore can become a serious health issue for a patient. Nursing home workers are supposed to provide patients with the proper care so that pressure sores don't develop, or if they do, that they don't become infected.

For example, nursing home workers are supposed to move or reposition residents that cannot move themselves at regular and frequent intervals. Softer bed linens, protective padding, pillow foams, lubricants, and special wedges can also can be used. If possible, the patient's bed should be kept in the flat position. The resident's skin should be kept dry and clean, daily baths should be administered, and doctors should check the skin for signs of irritation.

Jury hits Auburn nursing home with $28 million in punitive damages, The Sacramento Bee, May 13, 2010

CA jury awards $29.1 million in nursing home death, Daily Finance, May 13, 2010


Related Web Resources:
Pressure Sores, Mayo Clinic

Recognizing and Treating Bed Sores, Strength for Caring

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May 10, 2010

Huntington Beach Family of Man Killed in Ferrari Car Crash Files $5 Newport Beach Wrongful Death Claim Against the City

The family of 24-year-old Ralph Abinader has filed an Orange County, California wrongful death claim against the city of Newport Beach. Ralph died last year on Christmas Eve when the Ferrari he was a passenger in was involved in a traffic crash on the Pacific Coast Highway. His 18-year-old cousin Luicci Abinader was driving the motor vehicle. Abinader survived the Newport Beach car accident with serious injuries.

According to police, who spoke with the Daily Pilot, the Ferrari was moving at a fast speed when it spun out of control, flipped over a traffic island, split in two, smashed into a tow truck, and burst into flames. Newport Beach firefighters were able to rescue Luicci but could not get to Ralph in time. The 24-year-old was pronounced at the Orange County, California car accident site.

The Abinader family claims that rescue workers were unable to rescue Ralph because they failed to respond quickly enough at the scene. They also contend that the head-on car crash would not have happened if only the city had installed higher traffic barriers in the area where the Ferrari crashed.

California Road Defects
Streets, interstates and highways are usually overseen and maintained by the California Department of Transportation, a county, a city, or another type of local government. If a road defect contributed to causing your Orange County, California car accident, you may be able to file a claim against the municipality or government entity responsible for maintaining the road where the collision happened. Defects or flaws in a road, its intersections, crosswalks, medians, or barriers can be very dangerous for drivers who may not realize that they are about to encounter a traffic hazard. There are specific steps for pursuing this type of Orange County, California injury claim or lawsuit against a government entity.

Claim: Family wants $5M, DailyPilot, May 7, 2010

Huntington Beach man identified as driver in fatal Ferrari crash, Daily Pilot, January 4, 2010

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April 30, 2010

California Wrongful Death: Family of Truck Driver Killed When His Big Rig Plunged Off Bay Bridge File Claim Against the State and Caltrans

The family of Tahir Sheikh Fakhar has filed a wrongful death claim against the state of California and Caltrans. Fakhar, a truck driver, died on November 9, 2009 when his large truck went over the Bay Bridge after hitting the S-curve and striking a 3-foot guardrail. His big rig flipped over before falling 200 feet and landing on Yerba Buena Island. The trucker was killed instantly.

Fakhar's family contends that because Caltrans did not have adequate signage and signals to properly warn drivers of the hazards on that portion of the bridge, the S-curve formation is poorly designed and too sharp for drivers to safely maneuver, and the guardrail wasn't high enough to prevent the big rig truck from going over.

While the California Highway Patrol claims that the truck driver was driving around the S-curve at 50 mph instead of 35 mph, the family's California wrongful death lawyer says that regardless of whether or not Fakhar had been speeding, the roadside barrier erected on the bridge was "ineffective."

Following the truck driver's death, Caltrans installed rumble strips, signs, and increased police patrols. Over 1500 CHP officers have been tapped to patrol that portion of the bridge. Caltrans has also closed down some lanes so that drivers are forced to slow down.

Prior to filing a California wrongful death lawsuit, the family's attorney has to file a claim with the Victims Compensation and Government Claims Board. Their lawyer intends to file separate claims for Fakhar's widow and his two adult sons. The board has 45 days to turn down or accept the wrongful death claim. After that, the family can submit their California wrongful death complaint.

Fakhar's tragic California truck crash was the 47th motor vehicle accident on the S-curve in the 59 days since its installation.

Truckers as Truck Crash Victims
Truck drivers can also be the victims of trucking collision. While an injured truck driver or the family of a trucker killed in a truck crash likely cannot sue his/her employer for personal injury or wrongful death, the injured driver may be able to file an Orange County, California truck accident lawsuit against liable third parties.

Attorney for trucker who careened off Bay Bridge says he will sue state, Mercury News, April 29, 2010

Special Report: Is Bay Bridge S-Curve Crackdown Working?, KTVU, April 29, 2010

Family sues Calif., Caltrans for wrongful death, ABC Local, April 28, 2010


Related Web Resources:
California Department of Transportation

Bay Bridge

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April 15, 2010

Silver Lake Man Files Los Angeles County Wrongful Death Lawsuit Against Torrance Restaurant and Benihana After Wife Dies in Drunk Driving Accident

Albert Chris Hanley has filed a Los Angeles County wrongful death lawsuit against RA Sushi and its parent company Benihana. Hanley's wife Drean, 59, sustained massive internal injuries, a spinal cord injury, became paralyzed, broke several ribs, and fell into a coma before dying seven days after the July 2, 2009 Torrance car crash. Hanley is seeking to hold the defendants financially liable for allegedly serving alcohol to a minor and letting him drive off drunk.

Paul Kyu Kim, 20 is accused of driving at speeds as high as 100 mph on the Long Island Freeway before rear-ending Drean's vehicle, which caused it to strike the concrete center divider. Kim has been charged with driving with a BAC of .08% or greater and driving under the influence causing injury. He has pleaded not guilty to the criminal charges. His criminal trial is scheduled to take place next month. If convicted, Kim faces a 10-year maximum jail sentence.

In his Torrance car accident lawsuit, Hanley accuses the restaurant of repeatedly serving alcohol to Kim even though he is underage. The complaint contends that even though the driver showed signs of being drunk, including glassy or bloodshot eyes, messy appearance, impaired judgment, and difficulty walking straight, none of the restaurant's employees prevented him from getting into his vehicle.

Los Angeles Drunk Driving Accidents
Drunk drivers usually have poor reflexes, may not even be aware that they are speeding or following too closely, and often don't realize that they are about to be involved in a Los Angeles car accident until it is too late. Drunk driving is illegal and can be grounds for both a criminal case and a civil case against the negligent driver. There also may be other parties that should be held liable for your drunk driving injuries, which is why it is a good idea to consult with an experienced Los Angeles injury lawyer.

Man files suit against Torrance restaurant after crash kills his wife, DailyBreeze.com, April 14, 2010


Related Web Resources:
Impaired Driving, National Highway Traffic Safety Administration

Mothers Against Drunk Driving

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