Expert Advocacy

Was Pitchman Billy Mays Killed by MTBI; Second Celebrity Head Injury Death After Natasha Richardson?

Did Billy Mays, the 50-year-old celebrity pitchman, die of a Minor Traumatic Brain Injury (MTBI) following a “hard” landing by a US Airways flight between Philadelphia and Tampa, Florida?

That is the question buzzing around the internet right now.

Mays had been flying home to Tampa after filming an OxiClean commercial in Philadelphia when the front tire of his US Airways flight exploded following the hard landing. Initially, no serious injuries were reported and Mays posted on his Twitter feed about the hard landing saying it was par for the course with US Airways. After the landing, objects fell from the ceiling, although it is unclear what those objects were, and hit Mays in the head.

After landing, Mays told a local news crew about the hit to his head:

“All of a sudden as we hit,” Mays said. “You know it was just the hardest hit. All the top…you know the things from the ceiling started dropping and it hit me on the head, but I got a hard head.”

Mays was found dead at his home the next day by his wife, Deborah. Reportedly, Mays did not feel well when he went to bed later that night. No other major health problems have been disclosed.…

Escondido Woman Suffers Critical Injuries in Dangerous Roadway Accident

A 23-year-old Escondido woman was critically injured recently when the car in which she was riding careened off the road on Calavo Drive and into a swimming pool, according to a recent news report from NBC San Diego. The road, known to the locals as “Rollercoaster Road,” has been a source of concern for many years due to the dangers it poses to drivers.

The car involved in the Escondido Rollercoaster Road crash was traveling down Calavo Drive near Nordahl Road when it left the roadway, crashed through a fence, and wound up inside a neighbor’s swimming pool. The pool’s owners and their neighbors rushed out to the scene when they heard the crash and pulled the injured woman out of the vehicle. The driver, a 33-year-old man, managed to climb free of the vehicle and swim to safety. He is expected to recover fully from his injuries.

According to locals, the stretch of road where the accident occurred consists of sharp turns and drops that make local teens compare it to a roller coaster. At sufficient speeds, the wheels of a car or truck will actually leave the road at some points. Other serious accidents have occurred during the road’s layout, including one in 2008 that left a local resident in a wheelchair after a car lost control and hit him.

Car accidents aren’t always the fault of a negligent or careless driver. Roadways that feature sharp turns, bad pavement, or insufficient warnings or guardrails can turn a normal day’s drive into a tragedy. That’s why our skilled dangerous roadway accident lawyers are dedicated to helping injured people and their families get the compensation they need when road engineers have failed. For a free consultation, call us today.…

Elder Pedestrian Killed In Victorville Hit-And-Run Crash

64-year-old Manuel Cadena was killed in a Victorville hit-and-run car accident that occurred on June 26, 2011, around 8:40 p.m. at Palmdale Road west of Borrego Road. According to San Bernardino County Coroner’s Office Officials, Cadena was crossing Highway 18 (SR-18), when a dark-colored SUV, possibly a green or black Toyota, fatally struck him.

The SUV driver turned right onto Borrego Road after hitting Cadena and left the scene. Officers responding to the accident immediately transported Cadena to Victor Valley Community Hospital in Victorville where he was pronounced dead a few hours later.

From the available information, it is evident that the negligent driving and irresponsible actions of the SUV driver lead to Cadena’s wrongful death. Leaving the accident scene is a serious violation under California law. California Vehicle Code 20001 (a) states:

“The driver of a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident.” Motorists are not only required to stop but also remain at the scene of the crash and wait until authorities get to the scene. In addition, if the driver stayed and aided the victim, Cadena may still be alive today.

There is a clear violation of traffic rules. Cadena’s family members should immediately seek counsel from a San Bernardino County pedestrian accident lawyer to know about their legal rights and options. An experienced lawyer would assure that the at-fault party is held liable and that the victim’s family members obtain timely and fair compensation to cover funeral and burial costs, loss of love and companionship, and other accident-related expenses.

Our law office offers sincere condolences to all those who knew and loved Cadena for such a tragic loss.…

Kolcraft Recalls Strollers Due to Fingertip Amputation Risks

Kolcraft Enterprises, Inc. and the U.S. Consumer Product Safety Commission (CPSC) have issued a recall of several models of the Kolcraft Contours Options stroller.

When the hinge mechanism on the stroller is being locked or unlocked, it creates a gap in which a child’s or parent’s finger can become wedged, increasing the risk for amputation or other serious injuries when the mechanism is closed. The CPSC has received five reports of product defect injury from the strollers, including two adults who had fingers smashed in the hinge and three children who required amputations after their fingers were caught in the hinge.

The recall affects three- and four-wheeled strollers with model numbers ZL002, ZL005, ZL008, ZL015, and ZL018. The model number and date the stroller was manufactured are on a sticker placed above the left wheel on the ZL002 and on a tag sewn into the back of the seat on the other models.

The strollers were sold between January 2006 and November 2009 at various retailers across the U.S., including Toys “R” Us, Target, and online at Amazon.com. Parents and caregivers should stop using the strollers and call Kolcraft at (800) 453-7673 for a free repair kit.

Defective products can cause serious injuries, especially when the defect is not obvious or expected. If you or someone you love has been injured by a defective stroller or other items, contact the knowledgeable San Diego defective child product injury attorneys today. We’ll help you find out what happened and protect your legal rights.…

Sacramento Jury Awards Fired Employee $116,000 After Being Fired

A federal court jury in Sacramento awarded Erma J. Alaniz, a fired office manager, $116,031 from her former employer, Dr. Rober Peppercorn, finding that Dr. Peppercorn unlawfully retaliated against Ms. Alaniz. The jury found that Dr. Peppercorn’s actions violated the California Fair Employment and Housing Act.

During the course of the trial, the jury heard evidence that Dr. Peppercorn blamed Ms. Alaniz for a tense workplace environment arising from his attraction to Tiffany Raspberry, a young assistant working in Dr. Peppercorn’s medical office. The evidence further showed that Dr. Peppercorn’s relationship with Ms. Raspberry caused his marital problems and that Ms. Alaniz sympathized with his wife and provided her with financial records demonstrating that Dr. Peppercorn gave Ms. Raspberry financial assistance through his business.

When Dr. Peppercorn found out that Ms. Alaniz was looking for another job, he terminated her. The exchange ended in a loud exchange where Dr. Peppercorn blamed Ms. Alaniz for creating rumors and gossip about him and Ms. Raspberry.

The jury did decide not to award punitive damages, rejecting a finding that Dr. Peppercorn acted with “malice, oppression or fraud.”…

Escondido Police Shoot and Kill Pit Bull

Earlier today, Escondido police shot and killed one of two pit bulls that had attacked a woman’s dog.

The attack happened near the intersection of West 10th Avenue and South Maple Street in Escondido. Neighbors report seeing the dog being attacked and came to fend off the pit bulls with shovels.

Animal control officers tried to catch the pit bulls, but the animals confronted the officers very aggressively. Police officers arrived later only to find the pit bulls circling the officers. Pepper spray was ineffective and when one of the dogs rushed the police officers, one of the dogs was shot twice and later died.

The second pit bull was taken into custody by animal control and the dog’s owners could be facing criminal charges for the attack.

We hope that these dog owners face the maximum criminal penalty for allowing their obviously dangerous dogs to run around the neighborhood unescorted. Luckily the dog that was attacked is expected to survive. But it could have easily been a person or a child that was attacked. It is unconscionable that these dogs were left unattended on the streets.

If you or a loved one has ever been injured by a dog bite or attack, please contact us so that your rights are immediately protected.…

Hot Coffee the Movie Shows the Ill Effect of Tort Reform

Remember the McDonald’s coffee case? A woman orders a cup of hot coffee. She puts the cup in between her legs as she drives. Then, the coffee spills, and she gets third-degree burns on very private areas on her body. Cha-ching!

Though, that is not exactly the whole story. Susan Saladoff, director of the documentary film Hot Coffee, which premieres on HBO tonight at 6 p.m. PST, shows viewers what really happened in the infamous “McDonald’s hot coffee” lawsuit. The movie looks at what actually happened to Stella Liebeck, why the case got so much media attention, who funded the effort, and who really profited from spilling hot coffee.

Hot Coffee is a “call to action.” It asks the question, What happens when access to court is so lopsided that the average person cannot gain access? And who really pays the price, the negligent party or taxpayers?

In the four cases the film documents, Saladoff shows how Americans are surrendering their Constitutional rights in all sorts of ways without even knowing it and how they are being screwed by the system –not taking advantage of it.

If you or someone you love has been injured or killed because of a defective product or negligent person, you are entitled to damages. The California personal injury attorneys will protect your Constitutional rights and get the money you deserve.…

Imperial Valley Woman Accuses Employer, 2 Others of Assault

On the evening of June 7, Yessenia “Jesse” Moreno of Westmorland, a town outside El Centro in the Imperial Valley, reported that she was assaulted by her employer and two others while she was working at The Town Pump, a local restaurant.

“All I know is (her co-worker, Estella Jimenez) ran toward the bar area, I get halfway to the bar, and before I know it the owner Andrew (Salazar) comes at me in a hostile way and her sister comes at me yelling at me,” Moreno said. “We then started fighting.

“I recall Andrew threw a drink at me, and (Estella’s brother, Zobeck Aguire) threw all kinds of beer on me,” she said. “I remember I was on (Estella’s sister, Esther Aguirre), Andrew was on me and I realized he was choking me.

“Then all of a sudden I feel a big something hit my face, and it was a big glass salt shaker that was full of salt,” Moreno said. “Estrella had thrown it at me.”

Westmorland Police arrested Andrew Salazar, 37, Zobeck Aguirre, 33, and Estrella Jimenez, 24, were arrested and booked into Imperial County jail.…

San Diego Police Department Officer Acquitted for Oceanside Car Accident and Road Rage Assault

The case involving off-duty San Diego Police Officer Frank White has finally been settled. On Monday, a jury found Officer White not guilty in this road-rage car accident that occurred in Oceanside in March of 2008 that culminated in the shooting of a woman and her young son. Officer White, 29, was acquitted of a felony count of grossly negligent discharge of a firearm and a misdemeanor count of exhibiting a firearm.

Prosecutors of the case argued that White was an easily-angered man who had no justification for not only displaying his revolver, but also firing five rounds into Rachel Silva’s car at night on March 15, 2008. Silva had been struck twice in the arm and her son was struck in the leg. Deputy District Attorney Jeff Dusek noted that as a trained police officer, White should have taken other steps to diffuse the situation that brought about the shootings. White had been off-duty and not in uniform at the time it happened, and his wife Jacquellyn was reportedly with him at the time.…

California Court of Appeals: Medical Bill Adjustment and/or Writeoff Not Enough to Sustain Collateral Source Attack

San Diego injury victims have repeatedly had their cases undervalued by insurance companies and their attorneys who reduce the victims’ medical bills by the amount paid or written off by medical insurance companies. This process, arising from the misapplication of two Court of Appeal opinions–Hanif and Nishihama–have allowed insurance companies directly attack and gut the collateral source rule.

Under the collateral source rule, evidence that a person or entity other than the tortfeasor has paid for the injured person’s medical care is excluded from evidence in determining the reasonable value of medical damages. In short, the medical damages is the fully billed amount of medical bills.

Earlier today, the Court of Appeal handed down an opinion in the case of Olsen v. Reid that defendants cannot seek reductions of medical damages simply by presenting a bill indicating that an adjustment or write-off was applied to a medical bill. The Court reversed the trial court’s post-trial ruling reducing Ms. Olsen’s medical damages from $62,475.81 to just over $5,000. The Court held that the defendant had not presented sufficient evidence to support the ruling when all it did was present a copy of Ms. Olsen’s medical bill with some amounts indicating a write-off and adjustment of most of the bill.

The Court also issued two concurring opinions which dramatically attack the insurance companies’ ability to obtain a reduction in medical damages. First, Judge Moore summarizes the case history of the collateral source rule and the subsequent attacks by Hanif and Nishihama before finally concluding that Hanif/Nishihama unjustly abrogates the collateral source rule and is, therefore, impermissible. Secondly, Judge Fybel’s concurring opinion lists a number of missing evidentiary items that were presented in Nishihama to obtain the reduction of medical damages–all of which were missing in this case. Most of the items that Judge Fybel describes are very hard for anyone–whether the plaintiff or defendant–to obtain as they contain trade secrets of the medical insurance companies.

We are still reviewing the Court’s opinion and will provide additional information after that review.…