Recently in Wrongful Death Category

Ladera Ranch Family Settles Orange County, California Personal Injury Lawsuit with CHP Over Daughter's Car Accident Photos that Went Viral Online

January 29, 2012,

Christos and Lesli Catsouras have settled their Orange County personal injury case with the California Highway Patrol. The Catsouras had sought damages for emotional pain and suffering after car accident photos of their daughter Nicole Catsouras were leaked online. The images, which included shots of Nikki's disfigured remains, became accessible on hundreds of Web sites.

The 18-year-old was nearly decapitated after crashing her dad's Porsche 911 Carrera into a concrete tollbooth on State Route 241 close to Lake Forest on October 31, 2006 while driving at 100 mph. She died instantly.

Not long after her death, her family, who weren't allowed to see Nikki after her death because her body was so badly damaged, began receiving anonymous text messages and e-mails containing pictures from the Orange County, California car accident site, including photos of Nikki's body. The images also started to show up online, including on a bogus MySpace page that at first appeared to be a tribute page but in fact was not. The family says that there was even a time when the photographs could be found on 1,600 Web sites in 50 nations.

The photos had been taken by CHP officers and then e-mailed outside the department. The release of the accident pictures to the public was reportedly not intentional. The family, however, have said that their grief was compounded by the ongoing nightmare of knowing they could pull up the grisly photos of Nikki on the Internet at anytime. They decided to sue the CHP for damages, seeking $20 million. Although many of the pictures have been removed from the Internet, there are some that are still available.

The CHP has taken responsibility for the photo leaks and said that two dispatchers, who didn't realize their conduct was wrong, sent the images to family and friends that Halloween. One dispatcher, Thomas O'Donnell, has been released from the lawsuit. The other dispatcher, Aaron Reich, has filed for bankruptcy. Although O'Donnell was reprimanded, he still has his job. Reich resigned for what he said were unrelated reasons.

A judge had dismissed the family's Orange County, California personal injury complaint in 2008. Later however, an appellate justice panel found it to have merit after a state law was rewritten granting surviving family members' privacy rights as they relate to images of the decedent in certain situations.

"Losing a loved one is hard enough without having anyone compound your pain and suffering further, said Howard Law PC founder and Anaheim Personal Injury Attorney Vincent Howard. "Even if that party didn't directly cause the death, he/she/the entity could be held liable for other acts of negligence."

It can take years, even a lifetime, to heal from the unexpected and tragic loss of a loved one. In addition to the sadness, anger, or loneliness you may feel, there also may be regrets, questions left unanswered, and the void left behind that can never be filled. If you were the one who was injured, there is your pain and suffering to take into account.

"We know that injuries can also be emotional or mental and they can prove just as damaging (if not more so) than physical injuries in their own way," said Orange County, California Personal Injury Attorney Vincent Howard.

Catsouras family settles lawsuit over grisly crash images, OC Register, January 30, 2012

Nikki Catsouras Crime Scene Photos Haunt Deceased Teen's Family, Discovery, May 5, 2009

Family's Nightmare: Daughter's Accident Photos Go Viral, ABC News, July 1, 2008


More Blog Posts:

Another Two Inmates Sentenced for Fatally Beating Inmate at an Orange County, California Jail, California Injury Lawyers Blog, January 27, 2012

Lindsay Lohan Sued for Los Angeles Personal Injury by Pedestrian, California Injury Lawyers Blog, January 25, 2012

Rep. Gabrielle Giffords Resigns from Congress to Focus on Recovery from Traumatic Brain Injury, California Injury Lawyers Blog, January 24, 2012

Continue reading "Ladera Ranch Family Settles Orange County, California Personal Injury Lawsuit with CHP Over Daughter's Car Accident Photos that Went Viral Online" »

Another Two Inmates Sentenced for Fatally Beating Inmate at an Orange County, California Jail

January 27, 2012,

Tustin resident Jared Louis Petrovich and Anaheim resident Garret Eugene Aguilar have each been sentenced sentenced to 15 years to life behind bars for the second-degree murder of fellow inmate John Chamberlain. The 41-year-old Mission Viejo software engineer was being detained at Theo Lacy Jail in Orange County, California after being charge with the misdemeanor crime of possession of child pornography when a number of inmates beat, kicked, and punched him to death on October 5, 2006. By the time deputies were notified that Chamberlain was in trouble, he had already lost consciousness and his assailants had cleaned themselves off.

Petrovich has admitted that he was the one who told the others that Chamberlain was a child molester--even though the latter was never charged with committing such crimes. Petrovich, his white prison gang, and a Latino gang were involved in the fatal assault. Each gang is accused of offering 10 commissary items to each prison inmate who took part in Chamberlain's beating.

A few other inmates have also received lengthy sentences for convictions over his death and another two are awaiting their sentences. At least other three inmates pleaded guilty to voluntary manslaughter.

"Even if you've been charged or convicted for a crime, you are entitled to certain rights and protections while in police custody or behind bars," said Howard Law, PC and Anaheim personal injury lawyer Vincent Howard.

The assault on Chamberlain was severe enough to damage all of his organs. The beating took place less than 70 feet from where a County sheriff's deputy was watching TV. There have even been questions raised over whether deputies played a part in allowing the inmates to beat Chamberlain.

In the days leading up to his death, Chamberlain had asked that he be transferred out of the jail ward because other inmates had threatened him. An investigation showed that after he was beaten, a deputy updated the log to show that he had offered to transfer Chamberlain but that he had refused. Deputies have since been accused of using excessive force on inmates. There is even footage of Tasers being used on inmates.

"If you or someone you love was the victim of excessive use of police force, it doesn't matter whether or not the use of force was intentionally intended to cause harm, your rights have been violated." said Anaheim police brutality attorney Vincent Howard.

In 2008, Orange County settled the California wrongful death lawsuit filed by Chamberlain's family for $600,000.

Prison for Stomping Mission Viejo Man Dead, Mission Viejo Patch, February 27, 2012

County pays $600,000 in jail killing, OC Register, February 7, 2008


More Blog Posts:
Pomona Wrongful Death Claim Seeks Damages Police Brutality Damages, California Injury Lawyers Blog, October 31, 2011

Mentally Ill Homeless Man Beaten by Fullerton Police Died from Asphyxia, Reports Coroner, California Injury Lawyers Blog, September 21, 2011

Fullerton Cops Accused of Orange County, California Police Brutality in Fatal Beating of Kelly Thomas, California Injury Lawyers Blog, August 13, 2011

Continue reading "Another Two Inmates Sentenced for Fatally Beating Inmate at an Orange County, California Jail " »

Xerox Settles Los Angeles Wrongful Death Lawsuit Over Fatal Pedestrian Accident for $5M

January 13, 2012,

The family of Elvira Gomez has settled their Los Angeles wrongful death lawsuit against
Xerox Corporation for $5 million. Gomez, 63, was killed in a California traffic accident in April 2009. The driver of the vehicle that struck Gomez, Eduardo Delgado, was driving a Xerox motor vehicle at the time of the pedestrian accident. He also had a history of driving under the influence.

According to their Orange County, California wrongful death lawyer, Xerox allowed Delgado to continue driving even though he'd had two DUIs. The company never checked his driving record. Delgado continued to drive for the company even after his license was suspended for two years. (At the time of the pedestrian accident that killed Gomez, Delgado had yet to reapply for a new license.) At least one other Xerox employee has multiple DUI's. Now, Gomez's family is seeking to push for a state law that would require businesses with at least 10 employees that are authorized to drive to register these individuals in a DMV program that would issue notices if any of them are convicted for serious traffic violations.

Motor Vehicle Crashes
If your loved one was killed in a traffic crash that was caused by a driver who was operating his/her vehicle as part of the job, you may be able to pursue damages not just from the negligent motorist, but also from his/her employer. California law can hold employers accountable for wrongful acts performed by an employee while that person working. This includes making sure that an employee isn't suffering from any sleeping disorders,addictions, or other afflictions that could impede his/her driving abilities, as well as has the experience and training to operate the vehicles they've been designated to drive. For example, not everyone knows how to safely drive an 18-wheeler truck or a 15-passenger van. Some vehicles also require a motorist to have a commercial driver's license.

"It is the responsibility of employers who task employees with driving to make sure these individuals are safe drivers who have the skills and training so that they can be trusted on the road," said Howard Law, PC partner and Anaheim motor vehicle accident lawyer Vincent Howard.

In certain situations, the company employing the driver may try to get you to settle your Orange County, California personal injury or wrongful death case right away. This is not a good idea.

"Some companies actually have teams in place that are tasked with immediately contacting the injured party and/or their loved ones to try to pressure them into settling," said Orange County, California pedestrian accident attorney Vincent Howard. "Do NOT do this unless you talk to an experienced injury lawyer to find out what next steps you should take."

Once you settle you cannot ask for more money even if your injuries later prove worse than you thought and your medical expenses have grown beyond initial estimates.

More Blog Posts:
NHTSA Reports 2,715 California Traffic Fatalities in 2010, California Injury Lawyers Blog, California Injury Lawyers Blog, December 15, 2011

NTSB Wants All States to Ban Cell Phone Driving, California Injury Lawyers Blog, December 13, 2011

Costa Mesa Woman Arrested in Newport Beach Pedestrian Accident May Have Been Intoxicated, California Injury Lawyers Blog, December 7, 2011

Continue reading "Xerox Settles Los Angeles Wrongful Death Lawsuit Over Fatal Pedestrian Accident for $5M" »

Doctor Accused of Irvine, California Medical Negligence for Overprescribing Medicine Loses His License

January 12, 2012,

Dr. Dariush Javanshir's license has been revoked because he overprescribed medication to a patient a month before the latter died from a painkiller overdose in 2007. According to records from the Medical Board of California, the Irvine doctor provided the patient, a man in his 60's suffering from depression, with an unacceptable level of medical care, was negligent on multiple occasions, and failed to keep solid medical records.

"Orange County, California medical negligence can have fatal consequences," said Howard Law, PC partner and Anaheim medical malpractice attorney Vincent Howard. "Medical professionals that fail to provide a patient with the standard of level of care can be held liable if serious injury or death results."

The patient, whom Javanshir began treating in 2002, was suffering from suicidal thoughts, depression, anxiety, sleeping problems, low back pain, diabetes, panic attacks, and drug addiction. Between November 2006 through April 2007 Javanshir prescribed 1,120 lorazepam pills, 90 Valium tablets, 180 Ambien tablets, and 2,245 propoxyphene tablets. The reason that the doctor provided for authorizing the meds is that the patient was going to Afghanistan. However, Javanshir's medical records show that he, in fact, was aware that his patient was planning on sending the medication to friends and family there. Regardless of whether the extra medicine was for the patient or for others, both reasons are not acceptable for why a doctor would prescribe opiates to someone.

Irvine Medical Negligence
Prescription errors are a serious matter, even when the medication isn't a heavy-duty drug. Depending on the drug, the dose administered/taken, whether/not the person is taking other medications, and/or how it impacts the patient, the outcome could prove deadly or result in serious health complications. (Some other possible common effects of medication mistakes include fatal overdose, kidney damage, internal bleeding, brain injury, hypertensia, liver damage, permanent disability, chemical burns, bleed outs and coma.)

"For a doctor to purposely prescribe the wrong dose whether to enable a patient or for personal profit is Irvine medical negligence," said Orange County, California medical malpractice attorney Vincent Howard.

This is not the first time that Javanshir has been accused of medical negligence. In 1995, he allegedly overprescribed meds to someone without conducting a proper physical. He was later disciplined for failing for prescribing medications to patients for conditions they weren't suffering from and for failing to conduct a proper exam on one person who was experiencing headaches and stomach pain.

Irvine doctor loses medical license after patient dies of overdose, Los Angeles Times, January 8, 2012

Medical board: Doctor was negligent, Daily Pilot, January 7, 2012


More Blog Posts:

Dangerous Drug Lawsuit Seeks Blames Children's Tylenol for Toddler's Death, California Injury Lawyers Blog, January 6, 2012

Birth Injuries Can Be Grounds for an Orange County, California Medical Malpractice Case, California Injury Lawyers Blog, December 16, 2011

Fullerton and Mission Viejo Hospitals Fined For Morphine Overdose and Surgical Error, California Injury Lawyers Blog, December 9, 2011

Continue reading "Doctor Accused of Irvine, California Medical Negligence for Overprescribing Medicine Loses His License" »

Irvine Woman Sentenced in Deadly Orange County, California Car Accident

January 7, 2012,

A judge has sentenced 43-year-old Anne Keen to two years behind bars over an Orange County, California car accident that claimed the life of an elderly motorist. Pat Thompson-Yates, 77, died on January 18, 2011.

According to prosecutors, Keen was in Irvine when, because she wasn't paying attention, instead of stopping at the red light at the Farwell Avenue and Culver Avenue intersection she kept driving, which caused her car to CRASH into the vehicle driven by Thompson-Yates, who was making a legal left turn from Farwell Avenue. Keen's vehicle then spun around before again striking the elderly woman's car. Thompson-Yates, who was rushed to the hospital, died from multiple blunt-traumatic injuries.

Meantime, testing showed that Keen had methamphetamine in her system at the time of the collision. She negotiated a deal, pleading guilty to one misdemeanor count of using a controlled substance, the felony crime of vehicular manslaughter with gross negligence, and the infraction of driving as an uninsured motorist.

Distracted Driving
It is imperative that motorists pay attention to the road and other vehicles. Taking your eyes off the road for just a few seconds or becoming so preoccupied with a conversation you are engaged in/whatever you are worrying about can prove fatal. Couple any type of distracted driving activity--texting talking on a cell phone, surfing the Internet, eating, putting on makeup, looking elsewhere other than the road, reading a book, watching a movie, or eating--with driving while intoxicated and the consequences can be catastrophic.,

Driving while Intoxicated
Driving while under the influence of alcohol or drugs or heavy medication can affect driver attention, cognitive abilities, behavioral skills, judgment, coherence, and the ability to think and react clearly. It is also against the law. Unfortunately, every year, people are killed because motorists weren't paying attention and/or were intoxicated or inebriated. The law takes a harsh stance against motorists that were driving under the influence and often, the impaired driver must face the harsh consequences of jail time, harsh fines, and the knowledge that he/she caused someone else devastating harm.

"In addition to any criminal case filed against a reckless driver, you may be able to file an Irvine car accident claim to recover damages," said Anaheim personal injury attorney Vincent Howard.

It is important that you speak with an experienced Orange County, California motor vehicle crash law firm as soon as possible after the accident. There may be evidence that needs to be gathered and preserved and key witnesses to speak to while their memories of what happened are still fresh.

Distracted driver sentenced in fatal crash, OC Register, January 6, 2012

Irvine woman faces manslaughter charge in red-light crash, Los Angeles Times, September 29, 2011


More Blog Posts:
CHP Employs "Zero Tolerance" Policy with Distracted Driving Crackdown, California Injury Lawyers Blog, December 29, 2011

NTSB Wants All States to Ban Cell Phone Driving, California Injury Lawyers Blog, December 13, 2011

Huntington Beach Pedestrian Accident Lawsuit Accuses Police Officer of Talking on Cell Phone While Driving, California Injury Lawyers Blog, October 10, 2011

Continue reading "Irvine Woman Sentenced in Deadly Orange County, California Car Accident" »

Dangerous Drug Lawsuit Seeks Blames Children's Tylenol for Toddler's Death

January 6, 2012,

The family of 2-year-old River Moore is suing Johnson & Johnson for his wrongful death. The toddler died from liver failure last July after taking Children's Tylenol (the Very Berry Strawberry flavor) for his mild fever. River started spitting blood 30 minutes after and he was rushed to a hospital.

According to his family's dangerous drug lawyer, the medication has too much acetaminophen and this damaged River's liver. The Children's Tylenol that River was given was from a batch that was recalled in April 2010. (In a statement issued at the time, J & J acknowledged that some of the medications have a higher concentration of certain active ingredients than what is noted.)

The drug manufacturer said it notified doctors, consumers, regulators, and retailers about the announcement right away. However, Courthouse News reports that in their dangerous drug complaint, Katy and Daniel Moore are claiming that not only did the defendants disregard poor manufacturing conditions, but also, Johnson & Johnson and its subsidiary McNeil Consumer Healthcare had contractors secretly go to stores that carried the tainted products and purchase all of them in an attempt to keep the recall a low profile one.

The Moores are accusing J & J of numerous offenses, including breach of warranty, recklessness, infliction of emotional distress, willful and reckless behavior causing death, and conspiracy. They are also suing three J & J subsidiaries, J & J CEO William Weldon, other company executives, ex- consumer health business head Colleen Goggins, and distributors and retailers who handled the drug. The family wants compensatory damages, punitive damages, interest, and payment of their legal fees.

"Unfortunately, there are prescription drugs and over-the-counter medications that end up causing thousands of deaths each year because drug manufacturers prioritized profits over people," said Orange County, California dangerous drug lawyer Vincent Howard. "It is our job to help our clients successfully navigate our complex legal system so they can receive the compensation that they are owed."

The Children's Tylenol recall is one of more than two dozen recalls that J & J has announced since September 2009. The nonprescription meds Motrin, Tylenol, and Benadryl are among these drugs.

"While no amount of money can compensate for the loss of a child, it can allow you to hold the negligent parties responsible for their actions," said Anaheim dangerous drug attorney Vincent Howard.

Couple says defective recalled Children's Tylenol killed 2-year-old son; J&J disputes that, The Washington Post/AP, January 5, 2011

Grieving Parents Blast J&J 'Stealth Recall', Courthouse News Services, January 4, 2012

More Blog Posts:
Yasmin/Yaz Birth Control Pills: FDA Advisory Panel Advises Including Blood Clot Warning on Their Labels, California Injury Lawyers Blog, December 31, 2011

$48.1M Los Angeles Products Liability Verdict Awarded to Man That Took Motrin and Developed SJS and TEN, California Injury Lawyers Blog, October 7, 2011

Food and Drug Administration Advisory Panel is Worried about the Number of Injuries Linked to Fosamax, California Injury Lawyers Blog, September 16, 2011

Continue reading "Dangerous Drug Lawsuit Seeks Blames Children's Tylenol for Toddler's Death " »

Federal Judge Awards $17.8M California Aviation Accident Award to Family by Military Jet

December 28, 2011,

Three years after a US Marine Corps jet crashed into a San Diego home and killed four people from the same family, their loved ones have been awarded a $17.8 million California airplane crash award for their wrongful death. The relatives had initially sought $56 million from the US government.

The tragic California aviation accident happened on December 8, 2008, when an F/A-18 Hornet crashed into a home on its way to the Marine Corps Air Station Miramar. That structure and the unoccupied home next to it were destroyed. Killed in the airplane collision were Don Yoon's 15-month-old daughter Grace, his nearly 2-month-old infant Rachel, his wife Young Mi Moon, and her mom Suk Im Kim.

The pilot had tried to guide the plane away from the family's home but to no avail. He was, however, able to safely eject himself from the jet.

Following the Southern California plane crash, the Marine Corps fired four officers and disciplined nine Marines after a probe finding that poor decisions by the pilot and ground controllers, as well as deferred maintenance, contributed to the accident.

The jet was flown 146 times even after mechanics noticed there were problems with the right engine that forced the plane to depend on the left engine during emergencies. Maintenance rules don't mandate that this issue has to be fixed right away, but eventually, the lack of repair played a role in causing the plane crash. Also, according to the investigation, squadron officers used "inaccurate" information and assumptions that were wrong when directing the plane to the Miramar base.

"Plane crashes often are detrimental to those in the aircraft and/or on the ground." Said Howard Law, PC Partner and Anaheim personal injury lawyer Vincent Howard. "There may be a way to obtain compensation from all liable parties but you won't know how to go about this unless you explore your legal options."

Common causes of aviation accidents:
• Poor weather
• Faulty maintenance
• Air controller mistakes
• Parts defects
• Pilot mistakes
• Mechanical failure
• Engine malfunction
• Electrical problems
• Gas leak
• Fuel starvation
• Mid-air crashes

"You want to work with an Orange County, California aviation accident law firm that understands the nature of plane crashes and knows how to prove that negligence caused your personal injury or a loved one's wrongful death," said Anaheim plane crash lawyer Vincent Howard.

Obtaining Orange County, California wrongful death recovery won't bring your loved one back but it can allow you to hold the other party accountable in civil court.


Judge awards $17.8 million to family of military jet crash victims, CNN, December 28, 2011

Gov't to pay $17.8m for military jet crash, ABC News/AP, December 28, 2011


More Blog Posts:

Recent Los Angeles County and San Bernardino County Plane Crashes Kill Eight, California Injury Lawyers Blog, March 20, 2011

Former Senator Ted Stevens Killed in Plane Accident, California Injury Lawyers Blog, August 10, 2011

Airplane Accident: IRS Employee's Widow Files Wrongful Death Lawsuit after Pilot Crashes Plane Into Office Building, California Injury Lawyers Blog, February 27, 2010

Continue reading "Federal Judge Awards $17.8M California Aviation Accident Award to Family by Military Jet " »

Costa Mesa Woman Arrested in Newport Beach Pedestrian Accident May Have Been Intoxicated

December 7, 2011,

Marnie J. Lippincott has been arrested in the Newport Beach motor vehicle accident that left a teenager with critical injuries. Lippincott, a Costa Mesa woman, is facing charges of DUI and causing injury.

The victim, 17-year-old Crystal Morales, is a high school senior. She is receiving treatment at a Santa Ana hospital where, according to the Daily Pilot, she has been placed in an induced coma. Morales also has been suffering from internal bleeding, brain swelling, head trauma, and other internal injuries.

The Orange County, California pedestrian accident took place on Irvine Avenue as Morales was walking in a crosswalk at Margaret Avenue. Other pedestrian accidents have occurred at this crosswalk.

According to the Newport-Mesa Unified School District, school officials have been working with the city of Newport Beach to improve crosswalk safety. A lot of students reportedly cross Irvine Avenue to retrieve their parked cars.

Orange County, California Pedestrian Accidents
Per statistics, between 2000 and 2009 over 47,700 people have been killed and more than 688,000 others were injured in US pedestrian accidents. Are state and federal traffic safety officials doing enough to make sure that crosswalks, sidewalks, and other areas that are designated for pedestrians are safe?

Unfortunately, some accidents do occur because a road was designed in a way that proved more dangerous than safe. In such instances, an injured pedestrian and/or his family may have grounds for an Orange County, California personal injury claim or wrongful death case against the entity or entities involved. Other common causes of pedestrian accidents include pedestrian error, distracted driving, speeding, running a red light, failure to stop in time, failure to obey traffic signs, poor visibility due to weather or road conditions, drunk driving, drugged driving, and other forms of driver negligence.

You want to work with a Newport Beach personal injury law firm that is experienced in handling Orange County, California pedestrian accident cases.

Pedestrian injuries can be incredibly debilitating and potentially life-altering. Broken bones, traumatic brain injury, head trauma, spinal cord injury, fractures, disfigurement, internal injuries, emotional trauma, and mental anguish are just some of the serious injuries that can occur.

Remember that California is a pure comparative fault state. This means that even if the injured party played a role in causing his/her injuries, the victim still may be entitled to a partial recovery of any damages awarded according to the percentage of blame allotted to any other parties. There may be more than one party that should be held liable.

Student hit in crosswalk remains in critical condition, Daily Pilot, December 7, 2011

Driver suspected of hitting teen held on $100,000 bail, OC Register, December 7, 2011


More Blog Posts:
Huntington Beach Pedestrian Accident Lawsuit Accuses Police Officer of Talking on Cell Phone While Driving, California Injury Lawyers Blog, October 10, 2011

Huntington Beach Car Crash Lawsuit: Driver Rear-Ended in Accident That Killed Baby in Crosswalk Sues Distracted Driver, California Injury Lawyers Blog, September 29, 2011

Los Angeles Car Accident: Lawsuit Blames the County, the City of Santa Clarita Over Woman's Wrongful Death While Watching July 4 Fireworks, California Injury Lawyers Blog, June 24, 2011

Continue reading "Costa Mesa Woman Arrested in Newport Beach Pedestrian Accident May Have Been Intoxicated " »

Huntington Beach Wrongful Death Lawsuit in Fatal Jr. Lifeguard Boating Accident is Scheduled for Trial

November 27, 2011,

The Orange County, California wrongful death case filed by the family of Alyssa Squirrell against the city of Huntington Beach will go to trial in May 2012. Squirrell is the 11-year-old junior lifeguard who died after she sustained serious injuries during a training exercise on July 14, 2009.

Squirrell was in the water with about 25 other Junior Lifeguards when the city boat's propeller struck her. She sustained serious lacerations to her legs and hips.

Although no criminal charges were filed against Lt. Greg Crow, who was operating the boat that struck Squirrell, her family's Huntington Beach boating accident lawsuit accuses him of negligence. Her family also claims that city employees did not obey a number of rules at the time, including one mandating that the boat be operated safely, another requiring boaters to slow down when they are within 100 feet of swimmers, and a rule regarding the adequate number of flotation devices that need to be kept on a vessel.

The family's Huntington Beach wrongful death case was put on hold after the city's insurance company sought to have any liability capped at about $26,000, which is the boat's value. Lawyers for Navigator's insurance cited federal admiralty law in their petition. The family's Huntington Beach boating accident lawyer, however, argued that the law is not applicable to cases involving injuries caused by negligence. A federal court judge denied the insurer's request earlier this year.

Unfortunately, accidents involving boat propellers do happen. For the victim, the injuries can be severe and even fatal.

You want to work with an Orange County, California boating accident law firm that knows how to prove liability in these types of cases--whether you are seeking damages from negligent boat operator or the manufacturer of a boat that had a dangerous defect that caused it to malfunction.

Just recently, another woman filed her wrongful death case against those she believes caused her sister's death last August. Esther Fujimoto was swimming when a boat propeller hit her. The media is reporting that the boat operator and the two passengers may have been drinking alcohol and smoking pot. They allegedly fled accident scene without helping Fujimoto, whose torso and lower abdomen were torn up. In the civil lawsuit the defendants are accused of failing to keep a proper lookout, not exercising reasonable care, driving under the influence, operating the boat in a manner that was negligent and reckless, and not get Fujimoto the medical help that she needed.

Earlier this year, a jury awarded another woman $30 million for her California boating accident injuries. Niki Bell's head was injured by a boat propeller after she and another person were thrown in the water. 80% of the blame was placed on manufacturer MasterCraft Boat Co. for products liability over a design flaw that caused the boat to become partially submerged during a low speed turn. Boat operator Jerry Montz was found 20% liable. Evidence showed that he had been drinking when the incident happened.

Trial date set in junior lifeguard wrongful death suit, OC Register, November 28, 2011

Wrongful death suit filed against boaters in fatal Pineview accident, Deseret News, November 9, 2011

Jury awards $30 million to Chico woman for boat accident, Sacramento Bee, June 8, 2010


More Blog Posts:

11-Year-Old Orange County, California Junior Life Guard Dies in Huntington Beach Boating Accident, California Injury Lawyers Blog, July 15, 2009

Huntington Beach Boat Accident Blast Injures Eight People, California Injury Lawyers Blog, November 26, 2011

Huntington Beach Wrongful Death Claim Seeks Damages from City After Boat Strikes Jr. Lifeguard During Training, California Injury Lawyers Blog, December 2, 2009


Another Family Files Seal Beach Wrongful Death Lawsuit in Salon Shooting

November 23, 2011,

The family of Christy Lynn Wilson is suing Scott Dekraai for her Seal Beach wrongful death. Wilson was getting her hair done at the Salon Meritage on October 12 when Dekraii, 42, went on a shooting rampage at the parlor.

Wilson, who was a friend of Dekraii's ex-wife, Michelle Fournier, was one of the victims that died. Fournier also was fatally shot that day.

Dekraii and Fournier were reportedly in the middle of a bitter child custody dispute over their son. Dekraii reportedly barged into the Seal Beach parlor after he was denied greater custody over their 8-year-old so Dominic. The former couple had joint custody.

Now, Wilson's husband and three children want Dekraii to pay them damages. In their Seal Beach wrongful death lawsuit, they claim that Wilson lingered for a "significant' amount of time before passing away. They want compensation for hospital bills, funeral costs, and the loss of her companionship, love, and care.

Their Orange County, California wrongful death complaint is the second one filed in the shooting. A few weeks ago, Dekraii's former in-laws filed their complaint against him. Joseph and Geraldine Burke, Fournier's parents, want unspecified damages. Any money recovered will go to Fournier and Dekraii's 8-year-old son Dominic.

Eight people were murdered that day, including one man who had been sitting in his car in the parking lot. One woman, 73-year-old Hattie Stretz, is the shooting's soul survivor. Her daughter Laura Elody also died from her injuries. Elody had been working at the salon that day.

Dekraii has admitted to the shooting. He is charged with multiple counts of first-degree murder and one count of attempted murder.

Dekraii owns properties in Seal Beach and Huntington Beach. He also receives disability payments because of a tugboat accident he was involved in years ago. Separate from any Seal Beach wrongful death recovery, the families of all of the shooting victims were given $150,000 from a trust that serves as a donations clearinghouse. Local residents worked with other communities to raise the monies. Another fund, The Salon Meritage Memorial Fund, has also been set up for the victims. Individual funds have also been established for a number of the victims.

Orange County, California Wrongful Death
If you or someone you love was the victim of a violent crime, you may be able to pursue Seal Beach wrongful death damages from your assailant. There also may be other parties whose negligence allowed the crime to happen that should be held liable.

Receiving compensation for your loss and your loved one's suffering can allow you to hold the ones responsible accountable regardless of what happens in any criminal proceedings.

Scott Evans Dekraai Sued by Families of Two of the Eight People He Allegedly Murdered, OC Weekly, November 8, 2011

Families of Seal Beach shooting victims get $150,000, OC Register, November 9, 2011


More Blog Posts:
Seal Beach Wrongful Death Lawsuit Filed by Former In-Laws of Alleged Salon Shooter, California Injury Lawyers Blog, November 4, 2011

Eight Dead in Seal Beach Salon Shooting, California Injury Lawyers Blog, October 14, 2011

Giants Fan Beaten At Dodger Stadium Placed in Medically Induced Coma, California Injury Lawyers Blog, April 23, 2011

Dad Blames Fraternity at UCLA for Son's Death After Night of Partying

November 15, 2011,

The father of Glen Berlin Parrish is blaming the 18-year-old's friends and the fraternity Theta Chi for his Los Angeles death. Parrish died at the US fraternity house earlier this month.

Authorities say the teenager's cause of death was alcohol and possibly prescription drugs. They are trying to determine what happened.

Parrish did not study at UCLA but had been invited to attend a party at the fraternity house on November 3. Witnesses say by early the next morning, he ended up on the back of a basketball court and was "not moving." A friend carried him to a mattress.

Parrish's dad, Glen Parrish Sr., claims that the Theta Chi fraternity and his son's friends were at fault for not notifying paramedics that his son wasn't coherent. He says that after they dropped him on a mattress, the teenager was left unattended for almost 10 hours.

Heavy drinking, hazing, and other shenanigans have been known to result in serious injuries or deaths and fraternities have been sued for California personal injury as a result. An experienced Los Angeles wrongful death law firm can help you determine whether you have grounds for a case.

As the entity in charge of overseeing a house of students, a fraternity can be held liable for failure to protect from/prevent serious injury accidents. It is not a surprise that many students choose to engage in underage drinking within the Greek system and alcohol is commonly involved in many hazing activities at both fraternities and sororities. Events where alcohol is served to minors is also not uncommon.

There also may be other parties that can be held liable. Recently, a former UCDavis student sued the university for ignoring complaints he made over the sexual abuse and hazing he endured while pledging a fraternity. Ryan Clifford claims he was stripped naked, assaulted, molested, and forced to drink a lot of alcohol while attempting to become a member of the Chi Delta chapter of Alpha Epsilon Pi three years ago. Clifford believes that he was treated harshly because he was a non-Jewish student joining a Jewish frat house. He says that he told the University several times about what happened to him but no action was taken.

Earlier this year, the mother of George Desdunes filed a $25 million wrongful death lawsuit against the Sigma Alpha Epsilon fraternity. 20 former SAE pledge brothers and fraternity members were named as defendants.

Desdunes died after fraternity members took him, tied him up and blindfolded him, and made him drink so much alcohol that he lost consciousness. Instead of taking him to a hospital, he was allegedly kept tied up on a sofa. It wasn't until a housekeeper found him that 911 was contacted.

Twenty Former SAE Members Named in $25M Wrongful Death Lawsuit, The Cornell Daily Sun, June 29, 2011

Father blames UCLA fraternity for son's death?, Los Angeles Times, November 9, 2011

Cornell University Frat House Sued for $25 Million Over House Hazing Death, ABC News, June 28, 2011

Fraternity pledge sues UC Davis over hazing, Sacramento Bee, November 15, 2011

Theta Chi Fraternity, UCLA


More Blog Posts:

Riverside County Car Accident Lawsuit Blames Dangerous Road Conditions for Mother's California Wrongful Death, California Injury Lawyers Blog, November 11, 2011

Convicted of Involuntary Manslaughter, Dr. Conrad Murray Still Faces Los Angeles Wrongful Death Lawsuit Over Michael Jackson's Fatal Overdose, California Injury Lawyers Blog, November 8, 2011

Seal Beach Wrongful Death Lawsuit Filed by Former In-Laws of Alleged Salon Shooter, California Injury Lawyers Blog, November 4, 2011

Continue reading "Dad Blames Fraternity at UCLA for Son's Death After Night of Partying" »

Riverside County Car Accident Lawsuit Blames Dangerous Road Conditions for Mother's California Wrongful Death

November 11, 2011,

A Riverside County wrongful death lawsuit has been filed on behalf of the three minor children of Angela Marie Wright. The defendants in the case are the City of Menifee, the City of Canyon Lake and its manager Lori Mass, the county, and the security firm that represents Canyon Lake Property Owners Association.

Wright, 39, was involved in a fatal Riverside County car crash early on December 22, 2010 when her car slid off a flooded road into Salt Creek and then the East Bay. It wasn't until several hours later that a dive team recovered the vehicle with her body in it.

The Riverside County wrongful death complaint contends that the tragic accident could have been avoided if only Goetz Road had been closed down that night. The county and the two cities are in joint possession and control of that area of road and should have/did know of the dangers posed by the creek when the dry riverbed by the road gets flooded with rain water.

The California civil lawsuit blames Canyon Lake manager Lori Moss for failing to protect the public from this road hazard by not implementing better safety measures from the flood. It wasn't until the day that Wright died and after her Riverside County motor vehicle crash that county officials decided to permanently close Goetz Rd. south of the East Gate to traffic.

Wright's children are claiming loss of love, companionship, society, affection, comfort, financial support, and moral support, as well as funeral costs. Although minors are generally not allowed to file California civil claims over personal injury or wrongful death, a guardian or another adult can submit one for them on their behalf.

The surviving spouse, kids, and surviving issue of the decedent's deceased children can "jointly and severally" file a single Riverside County wrongful death lawsuit seeking damages. In line after that are the parents of the deceased, his/her siblings, kids of deceased siblings, grandparents, and their descendants. Also in line are minors that was receiving 50% support from an was living with the person that died (as part of the victim's household) for at least 180 days prior to the death.

An experienced Riverside County wrongful death law firm can help you with your case. If you have grounds for a civil lawsuit, your case may get settled prior to trial. If not, a jury generally will determine how much (if any) you are owed. Jury members will consider a number of factors when ruling on a verdict, including loss of financial support and the right to receive it, the age of the victim, the age of any heirs, the life expectancy of heirs and the decedent, and the earning capacity of the deceased.

Working with an experienced Riverside County personal injury lawyer can increase your chances of recovering the maximum amount possible.

City slapped with wrongful death lawsuit, The Friday Flyer, September 1, 2011

Flood victim's families demand answers, The Press-Enterprise, December 10, 2010


More Blog Posts:
Bureau of Land Management Sued Over 2010 Off-Road Race in the Mojave Desert that Killed 8 and Injured a Number of Others, California Injury Lawyers Blog, September 23, 2011

Woman Files Laguna Beach Bicycle Accident Lawsuit Against the City, California Injury Lawyers Blog, September 7, 2011

Trucker Charged with Murder in 2009 La Cañada Flintridge Truck Accident Files Los Angeles County Personal Injury Over Angeles Crest's Allegedly Unsafe Road Conditions, California Injury Lawyers Blog, March 31, 2011

Convicted of Involuntary Manslaughter, Dr. Conrad Murray Still Faces Los Angeles Wrongful Death Lawsuit Over Michael Jackson's Fatal Overdose

November 8, 2011,

A jury has convicted Dr. Conrad Murray of involuntary manslaughter in Michael Jackson's California death. The guilty verdict means that the jury members unanimously believe that Murray committed a crime that placed Jackson at high risk of severe bodily injury or death.

While Murray is now facing up to four years in prison, there is a good chance that he could end up serving his time while under house arrest due to prisons being too crowded and existing budget constraints. Murray's legal problems are not finished yet, however. Jackson's dad Joseph Jackson is suing the doctor for his son's Los Angeles wrongful death.

The pop star died on June 25, 2009 in Los Angeles. He was 50.

Prosecutors had accused Murray of gross negligence in giving Jackson propofol to help him sleep. They also said he was negligent for not monitoring him, giving him the medication in a home environment (this anesthetic normally used during surgery), waiting too long to call emergency services, and not telling medical workers that Jackson had taken the powerful drug.

While Murray admitted administering a small dose of propofol to help Jackson sleep, he pleaded not guilty to giving Jackson the deadly amount that killed him. Instead, Murray's defense lawyers argued that the singer was the one who gave himself that last dose, in addition to a bunch of sedatives.

Following the conviction, which was announced yesterday, Murray was placed on suicide watch.

As our Anaheim personal injury law firm mentioned earlier in this blog post, Murray still has other legal challenges ahead. Joe Jackson is also seeking Los Angeles medical malpractice damages from the doctor. Noting that Joe is not a beneficiary to the singer's estate, Murray's legal team has sought to have the Los Angeles wrongful death lawsuit dismissed.

The doctor, however, is not named in the Los Angeles wrongful death case filed by Jackson's Michael Joseph Jackson Jr., Prince Michael Jackson II, and Paris-Michael Katherine Jackson, and his mother Katherine Jackson, who are his beneficiaries. They are suing AEG Live, the concert promoter that Jackson was working with to get ready for his comeback concerts in London.

They contend that the defendant should have protected the music icon, rather than making profits the priority. Katherine Jackson says that the promoter pressured her son with a hectic rehearsal schedule, even threatening to cancel the tour if he called in sick again.

Los Angeles Wrongful Death
Surviving family members may be able to obtain California wrongful death damages from those whose negligence contributed to the decedent's passing. Defendants don't need to have been the direct cause of the death in order to be held liable.

Michael Jackson's doctor guilty of manslaughter, Reuters, November 7, 2011

Katherine Jackson Sues AEG Over Michael's Death, TMZ, September 15, 2010

Joe Jackson Refiles Wrongful Death Lawsuit, NBC Los Angeles, November 30, 2010

Seal Beach Wrongful Death Lawsuit Filed by Former In-Laws of Alleged Salon Shooter, California Injury Lawyers Blog, November 4, 2011

Michael Jackson's Mother Files Los Angeles Wrongful Death Lawsuit Against AEG Live, California Injury Lawyers Blog, September 16, 2010

Michael Jackson's Father Files Los Angeles Wrongful Death Lawsuit, California Injury Lawyers Blog, June 25, 2010

Seal Beach Wrongful Death Lawsuit Filed by Former In-Laws of Alleged Salon Shooter

November 4, 2011,

The ex-in-laws of Scott Evans Dekraai are suing him for their daughter's Orange County, California wrongful death. Michelle Fournier was one of the eight people who were murdered (another was left critically injured) when Dekraai, 42, walked into the Salon Meritage and went on a shooting rampage. Geraldine and Joseph Burke are seeking unspecified damages that they say will go to Fournier and Dekraai's son Dominic, 8. They also are seeking burial and funeral costs.

Dekraai is charged with one count of attempted murder and eight counts of first-degree murder. The shooting, which is being called the worst mass killing in the history of Orange County, took place on October 12. Dekraai and Fournier were in the middle of a child custody dispute.

Per court papers, Dekraai has confessed to the killing spree. With three guns, ammunition, and while wearing a bulletproof vest, Dekraai drove to the salon where he fired at Fournier and a woman who had given testimony against him in custody case. He then started shooting at other salon employees and customers. Also murdered was a man who had been seated in his vehicle in the parking lot.

Dekraai reportedly had been trying to gain morecustody over Dominic, rather than the shared custody agreement he had with Fournier. A psychologist appointment by the court recommended that the arrangement stay the same.

Dekraai, a former licensed maritime officer, was seriously injured in a tugboat accident in 2007. In addition to suffering severe leg injuries, a deckhand was killed. According Fournier's lawyer Dekraai has been diagnosed as bipolar.

The family's California wrongful death lawyer says the plaintiffs believe that Dekraai has approximately $1 million in assets, including a Huntington Beach home and property interests. He also receives disability payments for his tugboat injuries. The attorney believes that the loved ones of the other victims that died in last month's shooting will also seek Seal Beach wrongful death damages.

Orange County, California Wrongful Death
Our Anaheim wrongful death law firm has been covering the developments in the wake of the Seal Beach salon shooting on our blog site (see our previous post below). As we mentioned earlier, it is not uncommon for victims of a violent crime to seek damages from the assailant. In certain instances, when the incident occurred on another party's property, that person/entity can also be sued for Seal Beach premises liability if inadequate security or a failure to protect residents, visitors, patrons, or guests allowed the crime to happen.

The best way to find out if you have grounds for a Seal Beach personal injury case is to consult with an experienced Orange County, California injury law firm.

Police: Seal Beach salon rampage suspect says he pondered shooting ex-wife after argument, Washington Post, November 2, 2011

Seal Beach shooting victims, Los Angeles Times, October 12, 2011

Accused California gunman sued by dead ex-wife's family, Reuters, November 4, 2011


More Blog Posts:
Eight Dead in Seal Beach Salon Shooting, California Injury Lawyers Blog, October 14, 2011

Los Angeles Wrongful Death Claim Blames Metro for Man's Fatal Stabbing, California Injury Lawyers Blog, October 13, 2011

Giants Fan Beaten At Dodger Stadium Placed in Medically Induced Coma, California Injury Lawyers Blog, April 23, 2011

Pomona Wrongful Death Claim Seeks Damages Police Brutality Damages

October 31, 2011,

The family of Andres Avila, 26, has filed a Los Angeles County wrongful death case against the Pomona Police Department, Avila was fatally shot by police last month. They are alleging excessive use of police force and racial profiling.

According to Avila's relatives, the altercation with police began a few months ago on July 4 during a family party. They claim that police went into the residence without specific case and started chasing him. They then allegedly beat him. The family says they have cell phone footage of Avila being Tased and assaulted that night. He would go on to file a personnel complaint against the cops that were involved.

On October 16, police allegedly called Avila and his girlfriend and that is when family say the shooting happened. Avila was pronounced dead at the scene.

Police Brutality
Authorities will hopefully investigate any allegations of police brutality. That said, even if no case is filed against officers allegedly involved this doesn't necessarily mean that you still cannot file a Los Angeles County excessive use of force case and win.

Cops are never supposed to use excessive force when doing their job. That's how people can get hurt or fatally shot. Even when apprehending, questioning, or pursuing someone they are not supposed to use more force than necessary.

Unfortunately, there are police officers that use excessive force to abuse, assault, and harm people. This is known as police brutality and may include physical assault, sexual assault, verbal abuse, intimidation, false arrests, psychological abuse, emotional abuse, rape, and false arrests.

Racial Profiling
One of the accusations the family of Avila is making is that he was the victim of racial profiling, which involves the targeting of people of color by law enforcement officials. Like all acts of police brutality, racial profiling is a violation of one's civil rights.

Most people are too scared to report incidents of Los Angeles police brutality for fear of retaliation. They also don't realize that they've been caused undue harm or that they may have grounds for Pomona personal injury recovery.

Our Anaheim personal injury lawyers frequently report on stories involving allegations, claims, and lawsuits involving people in Orange County, Los Angeles County, Riverside County, and San Bernardino County. Be sure to follow our California Injury Lawyers Blog for the latest news.

For the families who have lost someone because of excessive use of police force, know too that you may have reason for a Los Angeles wrongful death case.

Excessive use of force is an abuse of police power. Police officers and their departments should be held liable for misconduct that causes injury or death.

Probe under way into fatal Pomona police shooting, ABC Local, October 16, 2011

Pomona Police Hit with Wrongful-Death Claim, MyFoxLA, November 1, 2011

Pomona Police Department


More Blog Posts:
Newport Beach Wrongful Death Lawsuit Blames Police for Suicide of Man While in Custody, California Injury Lawyers Blog, October 21, 2011

Mentally Ill Homeless Man Beaten by Fullerton Police Died from Asphyxia, Reports Coroner, California Injury Lawyers Blog, September 21, 2011

Fullerton Cops Accused of Orange County, California Police Brutality in Fatal Beating of Kelly Thomas, California Injury Lawyers Blog, August 13, 2011