Expert Advocacy

San Diego Salmonella Food Poisoning Tied to Unlicensed Texas Plant

San Diego residents suffering from food poisoning due to salmonella in their peanut butter products appear to be the victim of a Texas processing plant that went unlicensed and uninspected for years.

The Plainview, Texas plant for Peanut Corporation of America was never inspected until it came under investigation by the FDA.
Inspectors have not found any trace of salmonella at the plant but have determined that the plant had been operating without a license and without inspection for years.

Unfortunately, this is a common occurrence. The company’s sister plant in Blakely, Georgia revealed roaches, mold, and numerous positive tests for salmonella.

We hope that federal and state health inspectors do their job now that this outbreak has spread nationwide and shut these plants and Peanut Corporation of America down. If you have been exposed to salmonella food poisoning, please immediately go see a doctor and receive urgent health care. Our office is available at any time after you’ve received health care. Please contact us and speak to a lawyer about your food poisoning injury.…

Los Angeles Judge Rules Against Car Owners in Defective Seatbelt Lawsuit

On Thursday, a Los Angeles Superior Court Judge ruled that a seatbelt manufactured by Takata Corp. of Japan was safe and met federal safety standards. The ruling ended a lawsuit brought by car owners who had claimed that the TK-52 seatbelt–installed in approximately 4 million cars in California–was improperly tested and subject to its’ buckle opening during collisions.

Lawyers for the car owners vowed to appeal.

None of the car owners claimed that any of the seatbelts were actually defective. Nor did they claim that they had been injured by the seatbelts. The allegation was that the seatbelt would fail in the future.

Other class-action lawsuits against Takata had been previously dismissed in other lawsuits.…

Fatal Vista Pedestrian Accident Suspect Turns Himself In

Providing fresh insight into the teen skateboarder killed by in a Vista hit and run car accident, a 92-year old man has turned himself into authorities saying that he might be the careless driver. A vigil was held in memory of 15-year old Lucas Giaconelli, who lost his life in when a car struck and killed him as he was skateboarding along Thobodo Road in Vista in North San Diego County.

It was during the vigil itself that the 92-year old suspect came forward asking why the vigil was taking place. The deputy with the San Diego Sheriff’s Department explained about the Vista pedestrian accident. When the deputy was finished, the man said he had been driving on the street around the time of the accident and thought he had hit a small animal. The man’s car was then examined and the damage was found to be consistent with the fatal auto accident.

It has to be said that, though we are all concerned with the way young people drive, though also has to be given to the danger posed by senior citizens driving when they perhaps should not. Clearly, due to their age, they can sometimes cause serious threats to fellow drivers and pedestrians. In some cases, such as in this accident, their carelessness and inability to react quickly can even cause death.…

California Supreme Court Rules San Diego Consumers Cannot Bring “Preemptive” Lawsuits

Last week the California Supreme Court ruled that California consumers cannot bring “preemptive” lawsuits–lawsuits that are brought to stop an injury before the injury actually occurs–for violation of state consumer law.

The Court ruled that only people who have suffered an actual injury can bring suit under the California Consumer Legal Remedies Act.

The ruling came in a case named Meyer v. Sprint Spectrum LP.

What does this mean for San Diegans? It means that even if it is all but certain that you will lose money or suffer some other type of injury from a business’s conduct, you cannot sue to prevent that injury. You must first suffer the injury, then you can sue.

In the case, consumers brought suit against Sprint to prevent Sprint from charging them early termination fees and to change the arbitration provisions contained in the phone service contracts. However, because the consumers had not yet incurred the early termination fees, the Court ruled that they could not bring suit.…

Vista Skateboarder Dies in Hit and Run San Diego County Auto Accident

A 15-year old Vista boy was killed by a hit and run driver in a tragic Vista car accident while he was skateboarding on Thibodo Road east of Edna Way. The teenager, identified as Lucas Giaconelli, was a freshman at Rancho Buena Vista High School.

This tragic accident happened on Friday, January 29,2010, around 7 p.m., when Lucas was struck from behind by a high-speed 1990 Toyota Camry while he was skateboarding with his friends. Lucas was knocked down to the street and was taken to an Escondido hospital where he succumbed to his injuries within an hour of arrival. The suspected driver was said to be driving a white model of Camry with tinted windows. It is believed to have a broken headlight and front-end damage, reported Sheriff’s Deputies.

Serious pedestrian accidents like these tend to shake our trust and faith in humanity. How cruel is it to leave anyone, most of all a child, gravely injured and bleeding on the road? The entire Vista community is shocked and grieving! Our office wishes to convey our sincere prayers and condolences to the family and friends of Lucas Giaconelli in such heartbreaking times. We hope for the accused to be caught soon.…

Indio Pedestrian Fatally Struck by Motorcycle, then Car

44-year-old Brigitte Jasso was struck and killed in a severe pedestrian accident that occurred on January 26, 2012, around along the westbound lanes of Indio Boulevard. According to coroner’s officials, Jasso was first struck by a motorcyclist and then by a black Ford Taurus while crossing a major street in that city.

Jasso sustained scrapes, bruises, and some broken bones after the initial motorcycle accident moments later, a black Ford Taurus struck and fatally injured the victim.

From the present facts, it is unclear as to how this pedestrian accident occurred. Was the motorcyclist distracted? Did the car driver see her?

Did anyone ignore traffic signals? These and several other questions remains unanswered as yet.

At this time, the victim’s family members should immediately seek counsel from an experienced Riverside County car and motorcycle accident lawyer who would educate them about their legal rights. If negligent operation by any of the motorist caused this car accident, then he may be legally required to compensate the victim’s family for the cost of treatment, and other related damages.

The victim’s family members may file a wrongful death claim against the at-fault motorist to obtain compensation to cover funeral and burial costs, loss of love, care and companionship, and other accident-related damages.

Our law office sends sincere condolences to the victim’s family members.…

Traumatic Brain Injury Diagnosed in Sixth Former NFL Player

A 6th former National Football League player has been diagnosed with traumatic brain injuries similar to what boxers suffer from multiple blows to the head.

Doctors at Boston University School of Medicine studied the brain of Tom McHale and determined that he suffered from a traumatic brain injury before his death last May. McHale was 45 and played in the NFL from 1987-1995 for the Tampa Bay Buccaneers.

According to McHale’s family, injuries from football and dealing with his pain led to a psychological downturn:

McHale played on N.F.L. offensive lines for nine seasons, most of them with the Buccaneers, before retiring and running several Tampa-area restaurants. According to his widow, Lisa, he developed such chronic pain in his shoulders and other joints that in 2005 he began taking improperly large doses of the painkiller OxyContin, which exacerbated his lethargy and depression and led him to take cocaine occasionally to offset those effects.

McHale spiraled downward, went through drug rehabilitation three times, and died on May 25, 2008, of a lethal — and deemed by the police, accidental — combination of oxycodone and cocaine. His death shocked many former teammates and players, several of whom remembered him as an intelligent and responsible man.

Doctors concluded that McHale’s condition was the result of repetitive head trauma. In some cases, McHale’s condition can lead to the onset of dementia.

In serious car accidents, people can be subjected to significant forces to their head and brain–not unlike what a boxer or football player experiences. In some cases, this leads to concussions. In others, it leads to traumatic brain injuries. It’s important to keep McHale’s story in mind when we start to see possible signs of traumatic brain injury. In some cases, the injury can progress as severely as McHale’s condition.…

San Diego Woman Stabbed After Car Crash

Late Wednesday night a 69-year-old woman was assaulted and stabbed in the neck with a box cutter by the man who had just rear-ended the car the woman was driving. The surprise attack caused the woman to step on the gas to flee and ended up crashing her car headlong into a tree. The car accident happened in the Old Town area of San Diego.

Police described the woman’s injuries as not life-threatening, although the attack was–at the very least–terrifying and unexpected. The man is described as a Hispanic male, 20-30 years of age, 5 feet 9 inches tall and weighing approximately 160-180 pounds.

This assault is particularly scary and unnerving. By all accounts, the woman was willing to exchange insurance information with the man, had rolled down her window, and was then stabbed.…

California Emergency Room Doctors Sue State For Failing Health Care System

California emergency room doctors have filed a class-action lawsuit against the State of California alleging that California’s healthcare system–stretched and burdened by its’ thin budget and high demand for services–is about to collapse on itself. The suit comes at a time when hospitals and emergency rooms are closing at alarming numbers, leading to limited emergency care for injured Californians.

The situation is only becoming worse with the State proposing $1.1 billion in cuts to MediCal, California’s low-income health payment system.

This is the second lawsuit brought by doctors against the State of California within a year. In the first lawsuit, led by the California Medical Association, doctors were able to obtain an injunction against the State’s proposal to cut MediCal reimbursement rates to healthcare providers by 10%. The State instead reduced current reimbursement rates by 1% to 5%.

Emergency room doctors have been particularly hard hit by the healthcare crisis since, unlike other doctors, they cannot choose to turn away low-income patients who rely on MediCal.…

Victim of Fatal Oceanside Auto Accident Identified

Finally, after much investigation, the identity of a man who died from an car crash in Oceanside was revealed by authorities yesterday as Richard W. Elmore. 95 years old and a widow, the San Diego County medical examiner said that Elmore was found unresponsive in his car on Friday, January 22, along the 1900 block of Henie Hills Drive in Oceanside. He was declared dead at 6:16 p.m. shortly after he was brought to the Tri-City Hospital’s emergency room by paramedics. He was given advanced cardiac life support while on the way to the hospital.

According to authorities, Elmore’s car accident and subsequent death was accidental in nature and involved serious trauma to his spine as a result of the force of the collision. Despite this, it is unknown when the car crash happened and Oceanside police are investigating the case.

This appears to be just one of the many San Diego auto accidents that could have been prevented with awareness and care when driving. It is important therefore to always remember safety and traffic rules when on the road to avoid such losses as Elmore’s case. Nevertheless, the loss of life is always tragic and we want to pass our thoughts and prayers along to Mr. Elmore’s family for their loss.

If you are in need of assistance following an Oceanside auto accident, please contact San Diego car accident lawyer and the San Diego personal injury lawyers. They will be able to assist you in whatever case you have. You may contact these California personal injury attorneys.

You will be given a free consultation and helpful information regarding your San Diego auto or truck accident.…