Expert Advocacy

Obama Gives Auto Defect Plaintiffs the Cold Shoulder in GM and Chrysler Bankruptcies

It appears from this ABC News story that Obama will not allow any reasonable and rational consideration stand in the way of nationalizing GM and Chrysler through bankruptcy–a deal that appears only to benefit the auto worker unions.

In the latest move, apparently supported by the Obama Department of Justice, the bankruptcy court issued an order that allowed the “Old” GM to sell all assets to the “New” government- and union-owned GM, while leaving all liabilities–including claims by hundreds of people allegedly injured by defective vehicles–with the “Old” GM. Unfortunately, since all assets had been stripped from the “Old” GM, there most likely will be little if any money to pay these injured plaintiffs.

These plaintiffs are just the most recent group to have their legal rights taken from them during the GM and Chrysler bankruptcies. Most notably, several retirement funds–including teachers’ pension funds–had their equity stake in these companies decrease to nearly 10% of their original investment.

In the case of the GM auto defect plaintiffs, they have effectively lost their day in court to have a jury determine if their loved one’s death or their serious injury was caused by GM’s faulty design or construction. Even if a jury finds in their favor now, it is but a hollow victory since there is no money to compensate these victims for their losses.

The deal for the Chrysler plaintiffs is even worse. Based upon the bankruptcy court’s order, any plaintiff who bought their Chrysler car before the June Order cannot sue Chrysler for injuries caused by an auto defect–even if the injury occurred after the Order was issued.

The Obama administration’s decision to throw injured victims under the bus in the name of protecting these failing behemoths to escape their responsibilities is despicable. Considering that Obama ran on a platform of “Hope and Change” that would look out for people and not the corporations shirking their responsibilities, every American should be extremely upset. Not only is it hypocritical but it puts profits over people.

Look next for Obama to create national medical malpractice caps, artificially protecting negligent doctors from having to take full responsibility for their errors, in order to pass his Health Care Reform bill.…

Escondido Fourth of July Party Turns Deadly

A private residence house party in Escondido celebrating the Fourth of July last Saturday turned fatal when one party-goer was ultimately shot and killed at the festivities. The victim was identified as Daniel Eugene Alexander, 26, of Escondido.

Escondido Police reported that Alexander had been shot in the head while at the party taking place on Vine Street near West Ninth Avenue. Police had been called to the scene at 11:35 p.m. about a fight on the property. Officers arrived on the scene within three minutes and then heard gunshots. They then found Alexander lying in the driveway, and he later died at the scene. SWAT officers were later called in and searched the house but were not successful in finding a suspect.…

Helpful Information About Back Pain and Spinal Injuries

One of the most common injuries suffered by San Diego accident victims is a spinal injury, typically resulting in pain to their back or neck. The spine is the foundation and structure for your entire body, so an injury to the spine can be very serious.

Spinal Injuries: Back Pain and Neck Injury

Spinal injuries are serious, common, and are injuries that can affect people the world over from many different incidents. While different diseases such as spina bifida or polio used to be the main causes of spinal problems, the use of motor vehicles and public transportation have made Americans more likely to suffer from the most dangerous forms of spinal injuries. Despite the best attempts to keep everyone safe, we still hear of car accidents in Chula Vista, pedestrian hit-and-runs in San Diego, Amtrak crashes in Oceanside, and, as of recently, train collisions in DC.

Most Californians are involved in some kind of car or traffic accident at some point in their lives. No matter where you are hit, how intensely you are pushed, the force and spinal injury caused by such collisions are unnatural and overall harmful for those involved. Other causes can be gunshot wounds or falls. The spine is one of the most important, and most delicate parts, of our bodies. Back injuries can leave lasting and traumatic disability to all of us.

Spinal cord injury, or SCI, is any damage to the spinal cord that results in a loss of function or mobility. The spinal cord does not have to be severed to leave lasting disability, but damage to the spinal cord can leave a lifelong impact. SCI can be anything from back injuries, ruptured discs, spinal stenosis, or pinched nerves.

The spinal cord is roughly 18 inches long and extends from the base of the brain down to the waist. The nerves embedded by the spinal cord carry messages from your brain to other parts of the body. The vertebra along your spine are categorized, the top being Cervical, (the first vertebrae is C-1), followed by Thoracic, Lumbar, and Sacral.

Some common injuries to the spinal cord resulting from car accidents, falls, or injuries are below.

Disc bulging: A bulging disc related to the lumbar nerves occurs when a disc bulges through a crevice in the spine. Discs are the soft, gelatinous material that cushions the vertebrae, and a bulge occurs when it shifts out of its normal radius from accidents or simply old age. Disc bulges can go unnoticed and remain unsymptomatic if they do not hit a nerve.

Herniated disc: Herniated discs cause pain in the back, legs, or lower extremities. When a disc herniation occurs, the cushion between spinal vertebrae is dislocated. Disc herniation normally would not be problematic except that the dense amount of nerves nearby means that the disc tends to hit and rest on nerves that cause the person a lot of constant pain. When the elastic of the disc ruptures, it can get pushed out and can pinch nerves. Many people who experience a herniated discs already suffer from spinal stenosis, which causes narrowing of the space between the spine and the nerves.

Disc rupture: A disc rupture can occur anywhere throughout the spine. Most commonly it occurs near cervical or lumbar nerves. A disc rupture can cause radiculopathy, which is a root nerve irritation and can cause pain going up and down arms or legs, coupled with weakness or numbness.

Approximately 450,000 people live with SCI within the United States. There are about 10,000 new SCI’s every year, and the majority of them (82%) involve males between the ages of 16-30. Motor vehicle accidents leaving these injuries account for 36% of the total, violence is 28.9%, and different types of falls are 21.2%.

With this rate of serious injury that can result from a car or motorcycle accident in San Diego, don’t be unprepared. Contact us for help if this has ever happened to you or a loved one.…

Helpful Information About Minor Traumatic Brain Injury (MTBI)

One of the secrets and silent serious injuries one can suffer during an accident is a minor traumatic brain injury (MTBI). Notably, Natasha Richardson died following a closed head MTBI injury after striking her head while skiing. It was also speculated that pitchman Billy Mays’ death was caused by MTBI due to falling objects from the overhead compartments in his plane.

MTBI is a very serious condition that can prove fatal if not quickly diagnosed and treated. To better inform San Diego residents, our website added this helpful information about minor traumatic brain injury (MTBI), including its’ detection and treatment.

Minor Traumatic Brain Injury (MTBI)

Many people heard of Minor Traumatic Brain Injury (MTBI) recently when it was cited as the sudden cause of death for Natasha Richardson, notable model and wife of Liam Neeson. However, as a life-threatening condition, and one that can be imposed on you by people or places that may be liable for your injury, it is important to know and understand some of these relatively common injuries that can be often misdiagnosed.

One of the biggest problems with MTBI is that most people do not realize that something is wrong until it is too late. If there is no penetration or bleeding, most will try to just shake it off. However, brain injuries can be incredibly complex, and with the brain being center of all activity of our body, damages done to it can affect nearly anywhere else in our body, both physical and mental limitations. Sudden head injuries tend to take us to the emergency room, where time is of the essence, and physicians are only looking for severe brain injuries. This means that minor injuries may go unnoticed. Patients will be told that they are fine, only to develop symptoms in the future which, by that time, will not be attributed to a mild head injury from months previously.

Below are some symptoms that are associated with MTBI. Most can also be attributed to other disorders, so correct diagnosis is typically missed, and the patient is sometimes then accused of fabricating symptoms and/or not taken seriously.

Symptoms of MTBI

• Difficulty cognitively figuring out new things
• Being disorganized in approach to new problems
• Having difficulty completing activities in a reasonable amount of time
• Becoming easily frustrated, irritable, or having outbursts of anger or rage
• Problems with word finding or selection
• Hypersensitivity to light or sound
• Problems with concentrating and being easily distracted
• Problems with short-term memory
• Becoming more forgetful
• Increased frequency of headaches
• Increased impulsiveness, impatience, risk-taking, rudeness, or social impropriety
• Fatigue
• Problems reading letters and words
• Difficulty in understanding what others are saying
• Confusion in telling right from left
• Getting lost easily
• Decreased libido
• Seizures
• Sensory problems with vision, hearing, taste, smell, sensation
• Emotional difficulties (depression, fear, nightmares)

A doctor with Duke University noted that a person can seem incredibly and deceptively lucid and normal following injury, but have a sudden turn for the worse as bleeding from the brain can cause a pressure build up until they experience a traumatic brain injury. Delay in symptoms can range from five minutes to three hours. Immediate treatment is always essential, as damage done to the brain from swelling is often irreversible.

Any type of blow to the head has the potential to cause this. Luggage falling on your head when retrieving overhead storage on an airplane at San Diego airport, hitting your head on your steering wheel after being rear-ended on the interstate 5, or even a branch falling while a neighbor trims their tree in your Escondido neighborhood has the potential to induce MTBI.

Remember to always take precautions with accidents, and especially your health.…

Three-year Old Run Over by a Lifeguard in Pacific Beach Truck Accident

A 3-year-old girl suffered injuries after being run over by a lifeguard on June 30, 2011, at Pacific Beach near Law Street. According to San Diego Police Department, the lifeguard drove Chevy Colorado pickup truck at 5 MPH when he hit the girl, who was covered with a towel.

Paramedics responding to the accident immediately transported the injured child to Rady Children’s Hospital where she received treatment for the minor injuries suffered. The lifeguard was experienced and said he did not see the child, because she was covered by a towel. Fortunately, the young child suffered only minor injuries. The father was surfing at the time of the accident.

The injured girl’s family members should consult with an experienced truck accident lawyer serving San Diego County to obtain compensation to cover treatment, hospital and medical costs, and other accident-related damages. A claim can be made against the lifeguard and his employer.…

Colorado River Boat Accident Kills Woman, Injures Others

21-year-old Los Angeles County resident Brittany Stark was killed and two others suffered serious injuries in Colorado River boating accident on June 26, 2011, around 10:26 p.m. According to San Bernardino County Sheriff’s Officials, the Ski Centurion was being driven at about 25 mph by 20-year-old Gregory Kettlekamp when it hit the shore and stopped abruptly. Several of the passengers were ejected out of the ski boat.

Stark was immediately transported to La Paz Regional Medical Center where she was later pronounced dead. The other two injured victims were airlifted to Good Samaritan Hospital to receive medical treatment for the injuries suffered.

Now the investigating officers need to determine whether there was a mechanical failure or Kettlekamp was driving negligently. It is still unknown if alcohol was a contributing factor to this collision.

If it is found that Kettlekamp is responsible for the accident, then he may be held liable for Stark’s wrongful death and injuries suffered by others. It would be in the best interest of Stark’s family members to seek counsel from a San Bernardino County boating accident lawyer to know about their legal rights and options. An experienced lawyer will help the victims and their family members obtain compensation to cover funeral costs, medical costs, loss of anticipated income, loss of love and companionship, and other accident-related damages.

Our law office offers sincere condolences to all those who knew and loved Stark for such a tragic loss. We also hope and pray that the injuries suffered by the other passengers heal soon.…

Oceanside Motorcycle Accident Caused by Hit-and-Run SUV Driver

An Oceanside motorcycle crash on Highway 76 near the Interstate 5 onramp on June 28 was reportedly caused by a hit-and-run SUV driver who had fled the scene, along with his two passengers.

The accident occurred around 7 p.m. on Sunday when the driver of a GMC Yukon ran a red light on westbound 76 as they drove toward the onramp, which then caused the motorcycle coming towards them to broadside the SUV. The passenger on the motorcycle was a 20-year-old Escondido woman who was ejected and crashed through one of the Yukon’s windows and ultimately landing inside of the SUV. The driver of the motorcycle, known only as a man from Escondido, crashed into the SUV and landed on the road. Both riders from the motorcycle had to be flown to a San Diego trauma center with non-life threatening injuries…

FMCSA Grants HOS Exceptions to Fireworks Carriers

In recognition of the July 4 holiday, the Federal Motor Carrier Safety Administration (FMCSA) recently granted an Hours of Service (HOS) exemption to some truck drivers that carry fireworks for commercial shows, according to a recent article in The Trucker.

The exemption applies to the 55 companies that are members of the American Pyrotechnics Association (APA). The exemption covers the part of the hours of service rules that prevent drivers from taking the wheel after the 14th consecutive hour of being on duty, as long as they have spent some of that time off-duty or in a sleeper berth. It does not apply to other parts of the HOS requirements, such as the limit on the number of hours a driver may operate a truck within one 24-hour period or the limit of 60 or 70 hours of driving per week.

The exemption applies to APA members who are transporting fireworks between June 28 and July 8, 2013, and it is also in effect for the same time period in 2014. Only one motor carrier who requested a renewal of the exemption has been denied, according to the FMCSA. The agency believes that the exemption will allow APA members to complete their work while still maintaining safety on the roads.

Fireworks are a classic part of Independence Day celebrations, and many southern California families will travel by car to see them. If you’re injured this holiday, the dedicated San Diego injury attorneys can help. Contact us today for a free and confidential case evaluation.…

New Court of Appeal Case: Horseplay Around Pool an “Accident” Under Homeowners’ Insurance

On Friday, the California Court of Appeals denied State Farm Insurance’s Petition for Writ of Mandate seeking to have the trial court issue judgment in favor of the insurance company. At issue in the case, titled State Farm Fire and Casualty Co. v. Superior Court, was whether the trial court erred in ruling that State Farm owed a duty to defend its’ insured from a lawsuit for personal injuries where its’ insured threw the victim into a pool, landing on an exposed step.

An insurance company’s duty to defend it’s insured is extremely broad. It is broader than the duty to pay a covered loss. The duty to defend applies to any claim that could possibly involve a covered loss.

In this case, the insureds’ 21 year-old son, who lived with the insureds, argued with another young man, Mr. Wright, at a party. When Wright went outside, the son grabbed Wright and picked him up and threw him into the shallow end of the swimming pool. Wright landed on the pool’s concrete step which was above the water line. As a result of this action, Wright fractured his right clavicle and was hospitalized for four days. The son apologized immediately to Wright and claimed that he was just horse-playing.

The son was later arrested for the incident and pled nolo contender to misdemeanor battery.

Wright then sued the son seeking compensation for his injuries. The claim was tendered to the parents’ homeowners’ insurance policy with State Farm. The policy covered “damages because of bodily injury…caused by an occurrence” with an “occurrence” being defined as “an accident…which results in a. bodily injury; or b. property damage.”

State Farm denied a defense to the parents on several grounds, including:

The claim against you does not meet the insuring agreement in the policy, as the actions do not arise out of an accident. Also, the policy specifically excludes damages which are either expected or intended by the insured or the result of willful and malicious conduct.” In short, State Farm treated the son’s actions as a willful assault rather than mere horseplay.

The Court of Appeals upheld the trial court’s ruling that State Farm acted improperly when they denied the parents with a defense to Wright’s claims. The Court found that under the stipulated facts, an “accident” did occur which would give rise to the duty to defend. The Court held that although the son intentionally picked up Wright and threw him at the pool, the son did not intend or expect the consequence (that Wright would land on a step). Therefore, the duty to defend existed because Wright’s injury was neither expected nor intended by the son, nor was it the result of a malicious act by the insured.…

San Diego Motorcyclist Killed in Accident Identified

A Wednesday evening motorcycle crash in San Diego County’s El Cajon last week had left one man dead who had been traveling on his motorcycle. The rider was recently identified by the San Diego Union-Tribune as 37-year-old Lance Michael Hagerty. Hagerty had been killed when his motorcycle rear-ended a pickup truck as it was attempting to turn into a driveway about 5 p.m. in El Cajon on West Bradley Avenue near Wing Avenue, according to the county Medical Examiner’s Officer. Hagerty had lived and worked in El Cajon.

Hagerty was wearing a helmet at the time of the collision and was riding a newer-model sports bike, according to El Cajon police. He was taken to a hospital after the wreck, where he died. The westbound traffic on Bradley Avenue had been diverted for about five hours as investigators examiner the scene, police said. The driver of the pickup truck had not been hurt.

If you or anyone you know has ever been injured or killed in a San Diego motorcycle accident, please contact San Diego motorcycle wreck attorney and the San Diego personal injury lawyers.…