Expert Advocacy

Class Action Lawsuit Filed to Protect San Diegans

Earlier today, a class action lawsuit was filed in United States District Court in Los Angeles, alleging that State Farm Insurance had unjustly enriched itself by receiving and retaining payments that belonged to its’ insureds. According to the complaint, State Farm obtained these payments by violating California law by the “Make Whole Doctrine.”

Typically, insurance policies contain provisions which require an insured to reimburse their insurance company for benefits paid by the insurance company if the insured receives money from another source, such as when the insured receives money from a wrongdoer after an accident.

However, the “Make Whole Doctrine” prevents the insurance company from receiving reimbursement from its’ insured unless the insured has already been made whole by the other source. In other words, if the other source fails to pay 100% of the insured’s damages, the insurance company cannot claim a right to reimbursement.

The claims for reimbursement are very common. The named class representative in this lawsuit had $63.49 wrongfully withheld by State Farm. State Farm processes more than 12 million claims per year. Even if State Farm wrongfully exercised a right of reimbursement in 10% of those case, that would be 1.2 million cases. Multiply that by $63.49 per case and the unjust enrichment obtained by State Farm would be close to $75 million.

And that’s the amount that State Farm would have wrongfully profited by in one year alone.…

Riverside Rollover Crash Results in Injuries

One person was severely injured in a rollover auto accident that took place on May 9, 2012, around 8:30 p.m. near Bradley Street and Harbart Drive in Riverside. According to Riverside fire Battalion Chief Scott Blair, one person sustained serious injuries in a possible off-road vehicle crash.

The injured victim was immediately transported to a nearby hospital for treatment. The investigating officers need to determine whether the loss of control was due to negligence or any vehicular malfunction.

The victim’s family members may file a personal injury claim against the manufacturer to obtain compensation to cover treatment, hospital, loss of wages, loss of earning capacity, and other related damages.

Our personal injury law office sincerely hopes that the injuries suffered by the victim heal soon and do not prove fatal.…

House Investigates Defective Medical Device Protections

Earlier this year, the United States Supreme Court held in Riegel v. Medtronic that lawsuits based upon state tort law were preempted (barred) by federal law IF the FDA had granted the alleged defective product “pre-market approval” as a medical device.

The protections given to medical device manufacturers in Riegel may be extended to pharmaceutical drug manufacturers when the Supreme Court hears Wyeth v. Levine later this year.

However, Congress is looking at legislatively reversing the Supreme Court’s ruling. Beginning tomorrow, hearings will be held in the House Committee on Oversight and Government Reform to discuss the effect of the Riegel decision and the effect an extension in Wyeth may have.

Write your Congressman and Senators and tell them that legislative reform is needed to provide protections to victims of defectively designed medical devices. If a medical product is defective, a manufacturer should not escape liability simply because the FDA signed off on it–perhaps before the actual defect is discovered after long-term human use.…

Britney Spears Involved in Third Notable Car Accident

Earlier today, Britney Spears crashed the front of her Mercedes SL into the rear of a red Ford Explorer while driving on the Strip in Los Angeles. Luckily there were no significant injuries.

This is the third notable accident Britney has been involved in. On April 14, it was reported that Ms. Spears rear-ended another vehicle when she failed to realize that the vehicle in front of her came to a stop.

She was also involved in a hit and run accident when she struck a parked car while trying to park her vehicle:

We say this (slightly) jokingly: “Will she spend the money to hire a driver before she kills someone?”

It is very clear that Ms. Spears is an extremely poor driver and is a danger to herself and others. Her license should be revoked. If Ms. Spears was not a celebrity and just a regular driver, she would have already lost her license after being involved in multiple accidents, including a hit and run accident.

We can only hope she stops driving before she does kill someone.…

Boy Killed in Encinitas Bicycle Accident

An 11 year-old boy in Encinitas was hospitilized with serious injuries after being hit by a car while riding an electric pocket bike, according to authorities.

According to witnesses, the child rode into the path of a car from a driveway, onto the 1000 block of Double LL Ranch Road on Wednesday afternoon, shortly after 4:30 p.m., as informed by Sgt. Randy Webb of San Diego County Sheriff’s Department. While the child’s name and medical condition have not been released, it is known that he was flown to Rady’s Children’s Hospital. There is no evidence supporting the idea that drugs or alcohol played a role in the San Diego bicycle accident.…

CPSC Warns of Dangers Associated with Water-Walking Balls

“Water walking” is a new summer activity that is becoming popular at beaches, amusement parks, and other summer fun spots all over the U.S. During water walking, a person climbs inside a large flexible plastic ball, which is floating on a pool or other body of water, and can walk or ride on the water’s surface without getting wet.

While water walking looks like fun, the U.S. Consumer Product Safety Commission (CPSC) warns that it can also cause serious injuries. The CPSC has received several reports of injuries from water walking-related hazards.

First, the large plastic balls used in water walking are airtight. If a person is inside a ball too long, he or she may use up the oxygen inside it while breathing, creating an increased risk for suffocation.

Next, most balls used in water walking cannot be opened by the person inside the ball if there is an emergency and can only be opened from the outside. Constant close supervision is necessary in order to prevent an accident.

Finally, water walking balls are not padded. If the person inside the ball collides with another person, a pier, a boat, or another obstacle, he or she could be seriously injured in a San Diego watercraft accident. Since the balls are not easy to control, the risk of a collision is high.

Nobody wants a child they care about to be injured during summer fun. When a defective product causes injury, however, an experienced defective product injury lawyer in San Diego can help. Call us today for a free and confidential consultation.…

San Diego Lawsuit Brings Attention to Food Contamination

Last week, a man diagnosed with hepatitis A filed a lawsuit against a La Mesa Chipotle restaurant.

The man, Terry Wesley, claims that he became sick on April 24 after eating at the Chipotle restaurant and remains sick to this day.

The lawsuit was filed just as San Diego County health officials reported another hepatitis A case that officials believe may also be linked to the La Mesa restaurant. If that is the case, officials have documented 21 people sickened by food contamination at the restaurant between March 1 and April 22.

Food contamination is a serious problem, particularly common among fast food restaurants and any other restaurant where health preparations are sacrificed in the name of speed and profit. Hepatitis A is a particularly serious disease that attacks the liver and is spread by contamination of food or water through fecal matter.

If you have suffered from food poisoning and incurred a serious infection, such as hepatitis A, please contact us for a free initial consultation. Not only are you entitled to compensation, but your claim draws attention to the poor sanitary conditions at the violating restaurant.…

Tort Reform Hypocrite Settles Slip and Fall Lawsuit

As reported by the Wall Street Journal’s Law Blog, former Supreme Court nominee, strict constructionist judge, and tort-reform advocate Robert Bork settled his lawsuit against the Yale Club after he fell while attempting to step onto the dais to speak.

The settlement terms were undisclosed, so little is known about the lawsuit other than those pleadings filed with the Court. However, a review of the complaint filed by Judge Bork’s attorneys at Gibson, Dunn & Crutcher–who are typically defense counsel and presumably represented Bork because of his high profile–reveals two absolute truths about the case: (1) Regardless of whether the Yale Club was liable for Judge Bork’s injuries, Judge Bork was seriously injured and required significant medical care to address his injuries; and (2) Judge Bork’s lawsuit embodies many of the tactics and strategies that Judge Bork decried in his tort reform efforts.…

San Diego Consumers Protected By Defeat of Tort Reform Class Action Legislation

Earlier today, the California Assembly rejected AB 1505 by failing to pass it out of the Assembly Judiciary Committee.

The bill received so little support that when Van Tran (R-Costa Mesa) moved the bill, it did not receive a second and therefore failed without a vote.

The Civil Justice Association of California (CJAC) continues to press the meat of AB 1505 through a costly initiative process.

Assemblymember Nicole Parra (D-Hanford) stated, in bringing the bill, that it would do nothing to prevent legitimate class actions from being brought. However, she hoped that it would prevent lawyers from gaining large verdicts and plaintiff class membes seeing little compensation as a result. She further stated that AB 1505 attempted to align state with federal law.

However, according to the Consumer Attorneys of California (CAOC), AB 1505 would undermine the civil justice system by preventing an ordinary citizens’ right to bring a class action lawsuit in California. Among the provisions of AB 1505 that CAOC objected to:

1. The bill would have required each individual class member to prove their individual claim and extent of damages. Most importantly, it would have required trial evidence on both the plaintiff and defense side to be “substantially the same”.
2. The bill would have given the defendant the right to bypass class counsel to communicate directly with class members to make a settlement offer directly to the defense. This would have bypassed and destroyed the attorney-client relationship. It would have also allowed the defendant to make low ball offers and use threats to force class members to disregard their counsel’s advice.
3. The bill would also have stayed discovery of the merits of the case until the class was certified. This provision ignores the fact that the discovery process allows plaintiffs the ability to prove the existence of a broader class by being able to identify potential class members.

Our office is pleased by the defeat of this bill. Tort Reform supporters fail to recognize the need for class action attorneys to represent the rights of numerous consumers who have been wronged by the illegal acts of large companies. The importance of class action attorneys has been heightened in recent decades due to the reluctance of the government to enforce its’ own laws, leaving it to class action attorneys as “private attorney generals.”

If there is an objection to class action attorneys being paid for their services, it should be that we–as taxpayers–have already paid the government to do the job through our taxes and they have failed to do so.…

Pedestrian Struck And Killed In Los Angeles County Crosswalk Accident

Aurelia Arciniega, 47, was struck and killed in a fatal Los Angeles pedestrian accident that occurred on May 4, 2011, around 6 p.m. in the 6300 block of Florence Avenue. According to Coroner’s Office Assistant Chief Ed Winter, the pedestrian was struck by a motorist in the Bell Gardens neighborhood of Los Angeles.

Arciniega was immediately transported to a nearby hospital for treatment and was later pronounced dead. From the limited information available, it is quite evident that the negligent driving of the motorist leads to this fatal car accident. From the facts set forth in the news story, it appears that the motorist failed to notice the pedestrian crossing the intersection in a crosswalk and hit her. This leads us to question his alertness while driving. Was the driver using a cell phone? Was he driving under influence? Did he do enough to avoid the accident?

In any case, striking a pedestrian legally in a crosswalk is negligence per se under California law. Under California Vehicle Code Section 21950(a), “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection….”

The pedestrian’s family members should consult with an experienced personal injury lawyer in Los Angeles to discuss their legal rights and options. An experienced lawyer can help the family obtain fair compensation to cover for funeral and burial costs, loss of future earnings, loss of love and companionship, and other accident-related expenses.

Our law office offers sincere condolences to all those who knew Arciniega for their loss. If it is found that the driver was operating his care illegally, either because he was driving under the influence of alcohol or without a valid driver’s license, we hope that he is prosecuted to the fullest extent of the law.…