Jens Roger Noet Identified as Man Killed in Ramona Pedestrian Accident

Yesterday we posted a story about an unidentified pedestrian killed in Ramona car crash. That pedestrian turned out to be Jens Roger Noet, a 34-year-old man, or, according to 10 news, a “transient.” Noet was headed down Main Street between Fifth and Sixth Streets in Ramona on Wednesday when he was fatally struck by a semi-truck.

This information was brought to our attention through 10 news and our hats off to them for providing the story, which helps remind San Diego residents about being cautious when walking next to a street and also when driving. However, it is very unnerving to see that they have the audacity to tag him, not once. but twice as a “transient.” Jens Roger Noet was just killed by a truck driver and instead of writing a tactful article about the events they instead belittle him.

As stated yesterday, if our Law Group was asked to represent the pedestrian’s family, our lawyers would work diligently to discover the facts about the accident and give Noet, a member of our community, the respect he deserves.…

Workers’ Compensation Coverage is Still Effective for San Diego Workplace Accidents Even When Worker is at Fault

Most of the time, when San Diego workers are injured on the job, worker’s compensation should cover the costs of the injury. It usually does not matter whether the worker is at fault for the injury or if the injury is caused by an unsafe condition on the site. Even if a San Diego worker at work is clumsy or stops paying attention while operating on a machine, worker’s compensation will most likely cover the costs of the injury. Carelessness and even recklessness are not enough to prevent compensation for a San Diego injured employee.

Worker’s compensation may be denied to San Diego workers when they self-inflict injuries while committing a crime, or if they hurt themselves while violating a company policy such as drinking on the job. However, if none of these situations are true and a San Diegan is hurt on the job, they are entitled to rights and financial pay-offs for the costs.

In addition, if a San Diego laborer is injured while on the job due to the negligence or carelessness of an employee or agent of another company (one other than his employer), then he may have a civil workplace accident claim against the other company for its’ employee’s negligence.…

Fatal Motorcycle Accidents by Marines Reduced by Nearly Half in 2009

The Marine Corps announced that it significantly reduced the number of fatal motorcycle accidents involving Marines in 2009. In 2008, the Marines reported a record high of 25 deadly motorcycle crashes. They year before, the Marine Corps 19 Marines were killed in motorcycle wrecks. However, in 2009, the total number of Marines who lost their life was reduced to only 14–a reduction of more than 40%.

San Diego has three Marine bases–Camp Pandleton, Miramar Air Station, and the Marine Corps Recruiting Depot. Camp Pendleton and MCAS Miramar accounted for 4 deaths each during 2009. In 2008, 9 Camp Pendleton Marines and 2 MCAS Miramar Marines were killed due to motorcycle accidents. No data was released for MCRD San Diego.

In the wake of the rising Marine casualties from motorcycle crashes, the USMC hired contractor Cape Fox Professional Services to provide suitable training programs to Marines in motorcycle riding and safety. In the past five years, the number of Marine motorcycle fatalities has constantly increased from 13 in 2005, to 16 in 2006, 19 in 2007, 25 in 2008, before significantly reducing to 14 in 2009. Citing the significant drop as a success of Cape Fox Professional Services, Washington has renewed their contract for the 2010 fiscal year. The Marine Corps will soon also launch an interactive website, SemperRide.com, where professionals featured in $500,000 safety movie, Semper Ride, can be contacted by Marine motorcyclists.

Our office celebrates and appreciates the effort of our local San Diego Marine community to be safe motorcyclists and hope that the new safety program will continue to reduce the number of motorcycle accident fatalities. However, two issues are still concerning. First, 14 Marines were killed due to motorcycle accidents–which is still far too many to have lost their lives. Second, 8 out of the 14 fatal motorcycle wrecks involved San Diego based Marines–that is nearly 60% of all Marine motorcycle deaths occurring in San Diego! Our office supports the Marines and their mission and recognizes the risk and sacrifice they make when they put themselves in harms’ way defending our country. It is therefore tragic when Marines unnecessarily lose their lives in motorcycle accidents that can be avoided.…

Ramona Pedestrian Killed After Being Hit by Truck

Ramona Pedestrian Killed After Being Hit by Truck

An unidentified pedestrian, in the Ramona section of San Diego, was killed after being hit by in a semi-truck accident Wednesday morning while crossing the street.

The accident happened just after 2:30 a.m. when the driver of the truck was heading west on Main Street at the intersection with 7th Street. According to the driver, the pedestrian appeared to come out of nowhere and appeared in front of the truck. The truck driver stopped after the impact and found the man’s body pinned under the truck.

Both lanes of Main Street were closed until 5 a.m. while the California Highway Patrol investigated the accident. At the time of publishing this entry, the cause of the accident was still under investigation.

If our office was approached by the pedestrian’s family, we would first have to determine what happened that early morning. We would hire a professional accident investigator and a private investigator to track down witnesses and to document the facts of the accident, including sight lines for the truck driver, the traffic controls available at the intersection and obtaining witness statements. If the pedestrian was in the crosswalk, had the right of way, or even if the driver was not paying attention while he was driving, the pedestrian’s family might have a strong case for their wrongful death claim.

If you or a loved one has ever been involved in a pedestrian accident, including one that results in a wrongful death claim, please contact the experienced trial lawyers.…

San Diego Wrongful Death Verdict to be Reviewed by California Supreme Court

A San Diego jury awarded the widow of a motorcycle rider and his two children $4.9 million after he was struck on a motorcycle by a truck driver. After the verdict was read, the judge–as is typical–polled the jurors for their votes. However, the judge forgot to get the answers from one juror to two of the 13 questions asked during the polling process.

The juror did agree with the other jurors that the truck driver was negligent and caused the trucking accident. However, the judge forgot to ask him if he agreed with the other jurors on the apportionment of damages. The jury verdict found to the truck driver to be 80% responsible for causing the accident but also found the motorcycle rider to be 20% responsible.

On appeal by the insurance defense counsel for the truck driver, the judge’s mistake led to a reversal of the verdict by the Fourth District Court of Appeals. The Court of appeals held, in part, that:

…the trial court erred in accepting the juror declarations to inquire into and resolve the results of the jury’s decision making process, and also when it made a credibility determination that Santana could not effectively have voted other than 80/20 at any relevant time.

The Keeners, the family of the motorcyclist, have appealed to the California Supreme Court to reinstate the jury verdict.…

El Cajon Psychiatrist, Dr. Wayne Funk, Accused of Collecting And Dispensing Surplus Medication Pills to Patients

Dr. Wayne Funk, a longtime psychiatrist in El Cajon, is fighting to keep his medical license after being accused of medical malpractice by the Medical Board of California. The 87-year-old doctor is thought to have been collecting powerful surplus painkillers and sedatives, such as Oxycodone, Diazepam, Lorazepam and Temazepam, from his patients and then redistributing them to other patients as a means of making them cheaper.

Funk, licensed in California since 1954, was subject to an investigation started a year ago by the Medical Board of California and the U.S. Drug Enforcement Agency. According to the accusation filed in the Administrative Law Court, “the investigators observed a counter with numerous sample medications and a basket containing prescription bottles, including controlled substances, which were returned by patients.”

The University of Kansas school of medicine graduate is also being accused of prescribing the anti-anxiety drug, Xanax, to a patient over a two month period without any proper reviews or examinations. The patient had to later seek medical attention from another doctor for detoxification.

During the investigation, Funk surrendered his DEA certificate to dispense controlled substances but denies any wrongdoing. No hearing date has been set.…

Goodyear Recalls 40,000 Tires for Dangerous Defect

Akron, Ohio-based tire manufacturer Goodyear Tire & Rubber Company has issued a recall through the National Highway Traffic Safety Administration (NHTSA) for 40,915 tires due to a serious defect. The tires, all under the model Wrangler Silent Armor, contain a defect that could cause tread separation, which can easily lead to a serious auto accident.

Although the recall was only recently announced, problems with the tire have been traced back to May 2010, when warranty and property damage claims involving the Wrangler Silent Armor tires began to increase.

However, serious investigation into the tires did not begin until August of 2011, when tread separation in one of the Goodyear tires caused a fatal rollover accident in Texas that took the lives of two people. It has been found that if the tire were to separate, a crash could result or the separated tire tread could strike and damage the vehicle. While there have been no more serious accidents reported since then, problems with the tires have warranted a recall.

Goodyear will be notifying owners of the tires shortly and will replace them for free beginning March 22. The specific models of Goodyear Wrangler Silent Armor that have been recalled were manufactured from March 31, 2009 through May 31, 2009, and the tire sizes are:

• LT235/80R17 LRE
• LT245/75R17 LRE
• LT265/70R17 LRE
• LT275/70R18 LRE
• LT285/70R17 LRD
• LT325/60R18 LRE

Tire defects are very serious problems as anything that is wrong with the tire can result in a serious accident due to a vehicle’s reliance on the performance of its tires. If you or a loved one has been injured because of a defective vehicle part, the auto product defect lawyers in San Diego can find proper compensation for your losses from the companies responsible. For more information, call us today.…

Orange County Man Struck and Seriously Injured by Trains Twice in Two Weeks

A 57-year old California man faced grave injuries in an Orange County train accident as he fell onto the tracks at a station in Irvine on February 23, 2010. Ironically, the man was hit exactly two weeks before by a train in Laguna Nigel in which he got dragged 90 feet causing amputation of his wrist.

Although the man’s injuries are said to be serious, they are not life-threatening. He is also being mentally evaluated. Being struck by trains twice in two weeks indicates a heightened possibility that the man played a part in causing one or both accidents. He may have, in fact, been trying to commit suicide. However, such conclusions are premature and we have to wait for the treatment and evaluation to be completed.

Trains are extremely dangerous. They have a huge mass capable of seriously injuring or killing multiple persons at one time given the speed at which they travel and that they cannot stop quickly to avoid collisions. It is always a smart idea to give trains and trolleys wide berth and to stand back away from train tracks when trains pass.…