Expert Advocacy

Women Injured In San Clemente Hit & Run Accident

A woman was injured in a tragic Orange County pedestrian accident on May 14, 2010, at El Camino Real and Avenida Pico at San Clemente, when she was struck by a car while she crossing the street. Officials reported that the car driver, who was believed to be under the influence of alcohol, hit her and fled from the scene.

The victim was immediately taken to a local hospital where she received medical treatment for her injuries. Police have described the hit and run vehicle as a Saab, but no one has been taken into custody as yet.

We hope that the driver is caught and brought to justice. There are few things worse than a person who causes a serious injury and flees the scene of the accident without helping the person they injured. Before the accident, the driver was facing a driving under the influence criminal charge. Now, after leaving the scene, the driver is now about to be charged with felony drunk driving and hit-and-run with injury. California Vehicle Code 20001(a) requires those responsible for causing an accident to remain at the scene until authorities arrive, to exchange insurance and contact information, and to assist the injury victim.…

Explosion Rattles San Diego Construction Site; Injures 14

On Tuesday, the windows of our office rattled. It wasn’t an earthquake, but it seemed like it was from an explosion. Only later on that afternoon did we discover that an explosion had occurred at the nearby Downtown San Diego Hilton, injuring 14.

Original thoughts turned to whether the incident was a terrorist attack. Then to whether a boiler in the hotel had exploded. Now it appears that the accident was caused by a natural gas leak inside the hotel.

Of the 14 injured, three were critically injured and were placed into medically induced comas. These workers sustained burns from 20-35 percent of their bodies, including some areas of third-degree burns. They were taken to the UCSD Medical Center burn unit for treatment.

Construction accidents can lead to catastrophic injuries, leading either to permanent injuries or death. In those cases, an injured worker or his family needs an experienced group of lawyers to navigate through the Workers’ Compensation and Civil systems in order to maximize the recovery that will provide for that worker and his family for the remainder of his life.

If you or a loved one has been involved in a construction accident, please contact us for a free consultation.…

Boy Hit in Encinitas Bicycle Accident Dies from Injuries

An Encinitas boy who was struck by a motor vehicle while riding his bicycle more than two weeks ago is now dead, as reported by the Medical Examiner’s Office. The 11-year-old boy, Robert Franklin Thompson, had been on life support since his May 6 accident at Rady’s Children’s Hospital, and passed away Friday at 3:30 p.m.

The boy had been on a motorized “pocket bike”, which resembles a small scooter but can go up to 15 mph. He had been crossing the 1000 block of Double LL Ranch Road, a private, gated road in Olivenhain, when this fatal San Diego area accident took place. Witnesses reported to San Diego police that the boy was coming out of a driveway and went directly into the path on the oncoming car. The sheriff’s report had no indication of excessive speed or alcohol being involved with the accident.…

Injured San Diego Workers May Receive Greater Disability Payments

In 2004, in the face of ever increasing insurance premiums, the California passed extensive Workers’ Compensation reform. One of the targets of the reforms was to reduce permanent disability payments to workers who had been permanently injured at work.

The result of the reforms was that disability payments to injured workers were slashed by at least 50%, insurance premiums for employers dropped dramatically, and the insurance carriers reported their highest profits in 30 years. The losers were clearly injured employees.

Now, after vetoing proposed permanent disability payment increases the last 2 years, Governor Schwarzenegger now appears willing to increase benefits to injured workers by at least 16%.

Increased benefits are definitely needed. According to the political action group, Voters Injured at Work, Californians are being shortchanged:

According to one group, Voters Injured at Work, people who lose a foot get $28,820, compared with the national average of $80,976. A lost eye fetches $17,714 versus $74,558. And deafness in one ear is worth $5,280, 83% below the national average.

Honestly, an increase of 16% is a good start, but it is not enough. The 2004 Reforms–and some reform was needed to reign in premium costs–went too far and left injured workers without a way to be compensated for life-changing injuries. Remember, the Workers’ Compensation system exists because more than a century ago, the states took away the right of injured workers to sue their employers and coworkers in civil court for workplace injuries.

If the Workers’ Compensation system doesn’t provide adequate compensation, injured workers are left without any recourse and assistance.…

Orange County Girl Injured In Vicious Dog Bite Incident

A dog bite attack in Lake Forest on May 19, 2010, left a six-year-old girl seriously injured. The dog, which was described as a pit bull mix or a boxer, attacked the girl when she was playing in the driveway of her home. According to police, the dog pushed the child to the ground and began biting her fiercely.

The mother of the girl was coming out of her house with her infant child and her 14-year old son at the time of the attack. Despite her efforts and the help of a neighbor, the dog would not let go until her older brother jumped on the dog and punched it until it let go. The mother took all her children inside only to emerge with a handgun and began chasing the attacking animal. She chased the dog and shot it while it was on the porch. The dog survived the gunshot, but the girl sustained serious personal injuries including several bites on her leg, body, and face. The Police are currently looking for the dog owner to investigate why the dog was acting violently and why he was off leash and unsupervised at the time of the accident.

We hope that the young girl comes out of the shock and pain that this vicious attack and is not left with severe physical and emotional scars. Dog bite attacks can be extremely traumatic to anyone—people are hardwired to generally like dogs and it is scary when they turn and injure a person. However, as traumatic as it is for an adult, it is infinitely more traumatic for a child. Dog owners need to know that under California’s Dog Bite Statute, they are strictly liable for any damage or injuries that their dog causes to another person provided that the injury victim is lawfully on the property at the time of the attack.…

San Diego Man Awarded $5.7 Million for Undiagnosed Skin Cancer

It’s always nice to trumpet the accomplishments of friends and their deserving clients.

Last Friday, a San Diego Superior Court jury awarded $5.7 million verdict to a bedridden San Diego man who claimed a doctor failed to diagnose his skin cancer. Under the Medical Injury Compensation Reform Act, the award will be reduced to $1.9 million. The 1975 state act requires the court to cut general damages to $250,000 in medical-malpractice cases. It is the largest medical malpractice award in the state this year. The verdict came after a four week trial.

The jury agreed that the plaintiff, Regis M. Reilly, 53, suffered from life-threatening skin cancer after dermatologist James C. Powers failed to remove cysts on the right shoulder that eventually metastasized into cancer.

Reilly’s attorney, Denise Asher, said she was pleased by the size of the award because it represented a sum large enough to offset the trauma caused by the misdiagnosis.

“When you see pictures of the cysts, they are football-sized and deep in the tissue,” Asher said. Reilly went through a series of surgeries to remove the cancerous tissue. His wife, Karen Reilly, served as his nurse during the multiple surgeries and radiation treatments.

Reilly is confined to his home under around-the-clock medical care and had to be hospitalized during trial.

Good job, Denise.…

Study Suggests Trauma Center Care May Reduce Long-Term Disability

Care at a specialized trauma center immediately after a serious accident may reduce the number or severity of permanent disabilities, according to a recent article in The Chicago Tribune.

The article examined studies performed in Australia and other countries on the death and disability rates of patients treated in various kinds of trauma center or emergency settings. The studies showed that patients treated at Level I trauma centers were 25 percent less likely to die after a serious accident than patients treated at other types of emergency or urgent care centers. Level I trauma centers are required to have a certain number of physicians on call at all times, specializing in various types of medical care often needed in the case of serious injury.

Another study examined the long-term disability outcomes of patients who were treated in systems that coordinated emergency care, long-term care, and government services. The study found that when services worked together, patients were better able to get the care they needed when they needed it – whether that was emergency care or rehabilitation and therapy during the healing process. Patients who had better access to needed care were able to make more complete recoveries from their injuries, and some even suffered no long-term disabilities.

Accidents of all kinds can cause serious injuries, with many often resulting in permanent disabilities or even death. If you or someone you love has been injured in a car crash, on-the-job incident, or similar accident, the knowledgeable disability attorneys at Disability Help Group in Arizona can help. Contact us today for a free, confidential consultation.…

Record San Diego Roll-Over Verdict To Be Reviewed….Again (x3)

Know all those HUGE, “outrageous” verdicts that tort reformers cite as proof that juries are out of their minds and are too plaintiff-friendly? This is the story of one such verdict and, unfortunately, it is not unusual.

In 2004, a San Diego jury awarded Benetta Buell-Wilson and her family nearly $370 Million dollars in a Ford Explorer roll-over auto accident case. Now, the Supreme Court will review the verdict and possibly reduce it. The Supreme Court will be the third court to do so after the trial court and the Fourth District Court of Appeals both reduced the verdict from $122 Million in compensatory damages and $246 Million in punitive damages to $27.6 Million (compensatory) and $55 Million (punitive).

What happened to Benetta?:

On a January afternoon in 2002, Buell-Wilson was driving at a normal speed on Interstate 8 east of San Diego when she swerved to avoid a metal object that had fallen off a motor home. Her 1997 Explorer fishtailed and rolled over four times. Part of its roof was crushed, and Buell-Wilson suffered a severe spinal injury.

As a result of the accident, Benetta is now paralyzed and confined to a wheel-chair.

Now, Ford had previously won 13 trials without a loss. And they weren’t shy about sharing that fact during litigation in the hopes of forcing Benetta and her husband to settle.

Plaintiffs were 0-13 and Benetta and her attorneys were risking a huge disappointment. These cases are not cheap to try. I’ve heard some estimates that Benetta’s attorneys paid upwards of $750,000 to experts to prepare and try the case. And if they lost, the lawyers would lose that investment, Benetta would be forced to pay for all future care by herself out of her own pocket, and, worse still, Benetta would be forced to pay Ford’s litigation costs.

Given all this risk, and the evidence that Ford knew of problems with its’ vehicles for roof crush and roll over propensity, is $370 Million dollars outrageous to pay for a permanent injury and to punish Ford for its’ callousness?

In fact, the problem had been well-documented for years:

No recall has ever been ordered for these vehicles. How many are still out on the road? How many more roof crush injuries or deaths will still occur? Will Ford EVER be forced to pay enough that they will consider the safety of their customers?

The Supreme Court should uphold the reduced verdict. Ford is already emboldened by the two prior reductions. No need to make it worse for consumer safety.…

Buena Park Pedestrian Accident Injures Orange County Teen

A teenager was injured on Tuesday in Buena Park when he was stuck by a 1996 Ford Ranger. The injuries are believed to be minor to moderate. The teenager sustained some cuts and abrasions and was treated at a local emergency and discharged.

The accident happened at Knott Avenue south of the 91 Freeway around at 9:12 p.m. Buena Park Sgt. Bill Kohanek stated that the 17-year old teenager was running towards a van parked on Knott Avenue that was about to pick him up. He was accompanied by another teen and both boys were returning to the van after doing door-to-door sales. The other teen made it to the van but the second boy was struck by the truck. The van was scheduled to take them home somewhere in the Los Angeles area.

Police are still investigating the pedestrian accident.

Our office wishes the teen boy a speedy recovery and a healthy life ahead. We should all be more careful and aware of our surroundings while walking on the road as we are more vulnerable to injuries from drivers who may not be looking out for pedestrians or bicyclists. Drivers should also drive slow and carefully in residential and highly populated areas.…

San Diego Consumers Ripped Off by Baskin Robbins; $491K in Fines Paid

Last week, the San Diego District Attorney and California Attorney General settled a consumer protection lawsuit against Baskin Robbins from the company’s selling of hand-packed, pint sized containers of ice cream.

Baskin Robbins agreed to pay over $491,000 in fines and costs.

Inspections of 188 locations in 29 different counties found that 83% of all hand packed pint sized ice cream packages were underweight by approximately 4 ounces, or 25%.

I’m not sure what Baskin Robbins pint sized sales are in California, but the company was definitely reaping a significant profit by underselling ice cream to its customers. If a pint of ice cream sells for $3 per pint, Baskin Robbins was collecting $3 for a “pint” that was only worth $2.25.

If you assume that Baskin Robbins sells 10,000 pints per week in California (I don’t know whether this is accurate, but sounds reasonable for a state of 38 million people and a market leading company with approximately 200 locations statewide), Baskin Robbins was reaping an undue profit of $7,500 per week or $30,000 a month. That’s a huge effect from a missing 4 ounces.…