Southern California Injury Law Blog

Two Michigan women, Elizabeth Gass and Deborah DeJonge were enjoying their Maui vacation at the Wailea Beach Marriott Resort when one day they came into their room and discovered a dead cockroach and reported it to the management. The hotel said that they would handle the situation and when the women returned to the hotel room a few hours later, they came into a room full of a horrid odor.
Since they were leaving that day, they opened the windows and started to pack. A short time later the hotel arranged transportation for both ladies to a nearby urgent care facility. The ladies complained of drowsiness, blurred vision, muscle spasms, painful joints, and swollen/black tongues.

In May of 2007, U.S. District Judge Robert Bell ruled in favor of Marriott and Ecolab (the exterminator company) saying there was no direct connection between the pesticides sand their symptoms. This month the federal appeals court overturned the prior judge in this case and has set a new trial date. The womens' lawsuit alleges negligence against the hotel chain for spraying a dangerous pesticide in an occupied room.

Is this a clear case of negligence by the hotel or just a mere coincidence? Only now a jury can decide. Have you been injured while vacationing somewhere? Contact an experience personal injury attorney immediately upon your return. Documenting all the details while they are clear in your mind is important and finding out your legal rights is priority number one!

The tragic, untimely death of actress Natasha Richardson highlights the many facets of traumatic head injuries. Minor bumps to the head, as in this case initially cause no pain and the person feels fine. However, in this case, a seemingly slight injury turned serious rather quickly, and at that point, nothing could be done for her.

After Ms. Richardson fell while taking a lesson at Mont Tremblant ski resort, paramedics were called in by the ski patrol. They were turned away and never saw the patient due to the fact that Natasha was feeling fine, walking around and was in no pain. After an hour or so of resting in her hotel room, she started to get dizzy and have a headache and that’s when the hotel summoned an ambulance and she was transported to the nearby hospital.

Experts believe that Ms. Richardson suffered from “Talk and Die” syndrome. This is when a minor head injury initially seems o.k. and the patient is feeling fine, but during this time, bleeding is occurring between the skull and the brain. Rapidly, the pressure becomes too great and brain death occurs. This series of events can occur between one hour to several hours after a car or truck accident and other traumas to the head.

While this case does not warrant any investigation because the injury was caused during a sporting effort without apparent negligence, it is very important to have a California personal injury attorney who specializes in wrongful death on your side after any auto accident. They will make sure you get proper medical treatment and the settlement you deserve.

Please feel free to call us for a free consultation at 1 888 752-7474. If we cannot help you, many times we can refer you to another attorney who can. Call if you need help.

An Illinois jury punished a company and their driver for a 2004 accident and pile up where the driver was operating the truck on a suspended license and when he falsified a trip log. A trip log is to be kept by drivers as proof they are not working too many consecutive hours and tired, a factor that heavily increases the likelihood of an accident. Trip logs and other safety measures are in place to protect the public from such accidents, as set forth in this California Truck accident attorney article.

The jury ordered the trucking company C.H. Robinson Worldwide and other defendants to pay $23.75 million to the victims of a 2004 tractor trailer crash that killed two people and injured several others. Jurors found that the driver of a truck was negligent in the crash.

The only way that trucking companies will enforce the rules on drivers to maintain a valid license and properly maintain and follow trip rule guidelines, is to punish them when they don't. Sometime, a stiff penalty will make them remember to follow the rules, especially when lives are at stake. If you are a victim of a California truck accident call a California truck accident attorney for a free consultation at 1 888 752-7474.

A California man, Eric Quek, is considering his options after a horrific attack from his neighbor’s dog left him fighting for his life with serious injuries to his body. Mr. Quek and several of his neighbors had been complaining to animal control about their neighbor’s pit bulls and how they were often fearful walking on their own property. These dogs literally terrorized this neighborhood.

Quek was just spraying weeds on his small farm when the four dogs saw him and at once they ran towards him and started attacking. He fought them off with his pruning tools but he was no match for four adult pit bulls. Fortunately his other neighbor saw the attack and scared the dogs away. Quek spent several weeks in the hospital with serious personal injuries but luckily survived.

Even though animal control eventually put down three of the four dogs, the forth dog was said to have been transferred out of state to another home. It is doubtful the new owner would know anything about this dog’s past behavior.

If you’ve been attacked by a dog, don’t hesitate to contact a California dog bite attorney who specializes in personal injury. They will explain to you your rights in the situation and proceed if necessary. Call us for a free consultation at 1 888 752-7474.

Three Orange County men are lucky to be alive after their small Cessna 172 plane went down over Camp Pendleton Marine Base recently. The men had just left Orange County airport heading towards San Diego, when the pilot experienced mechanical trouble.

The pilot, Allan Jacobson, a long time aviator from Costa Mesa was flying with his two friends for dinner in San Diego at their favorite Mexican restaurant. They were flying at about 3,500 feet when an unexpected “loud bang” shook the plane. Witnesses on the ground detailed that the pilot appeared to be in control and was trying to maneuver although was having a difficult time due to the scarcity of landing options.

They crash landed on a dirt road and upon impact, lost the tail and all men had serious personal injuries. The most seriously injured was David Menne, who is still in critical condition at Mission Hospital in Mission Viejo. The pilot is recovering well, and other passenger, Scott Jones of Lake Forest was released soon after the crash.

Have you experienced any type of mechanical failure in a small airplane? You need an experienced California personal injury attorney to sort through the bureaucracy dealing with the government, insurance companies and possible engine/plane manufacturers. Call a qualified lawyer today at 1 888 752-7474.

When is the right time to turn off life support? It’s not a topic many families care to talk about but it occurs in hospitals almost on a daily basis.

This week highlighted this fact when actress Natasha Richardson had a minor head injury while skiing that rapidly deteriorated her health to the point of brain death. I’m sure she didn’t wake up and think that “I may have an accident and get killed today”, but that’s unfortunately what happened to this young mother of two.

Brain death and vegetative state are two very different situations that a family may find themselves wondering about after a sudden tragedy of a loved one in an injury accident. Everyone tries to figure out “what the person might want” but in actuality, the person in question does not have a say in the matter unless they have prepared a living trust and a medical directive from a good attorney.

For the sake of your family and loved ones, prepare in advance your wishes in case you are in a personal injury accident. Otherwise doctors, experts and family members may be fighting over what happens to you for years. You may not be able to talk but if you hired a good lawyer, your documents will speak for themselves and follow your wishes.

Last week a jury awarded a California woman $7 million dollars who unknowingly was infected with the herpes virus from her former lover. With an increase is such incurable sexually transmitted diseases, so too have lawsuits increased.

The lawsuit claimed that the plaintiff, Patricia B., suffered unnecessary humiliation and stress after contracting herpes. Although their relationship was consensual, the defendant, Thomas Redmond knew for over 25 years that he had genital herpes and then still had unprotected sex with Patricia. The lawsuit alleged that the behavior of Mr. Redmond was “outrageous and beyond the bounds of decency”, justifying a punitive damage award, which is not discharged in bankruptcy. The defendant tried to prove that Ms. B was informed of the disease, denied by Ms. B. The jury agreed with Ms. B.

Patricia B. was awarded $ 4 million dollars in compensatory damages and $2.75 million for punitive damages. In addition, she was also awarded the 2004 BMW that he had given to her as a gift during their short 9 month relationship. This case was notable as it is alleging punitive damages from battery and intentional conduct.

If you have been the victim of improper conduct by another, call an experienced California personal injury attorney to protect your rights against that person. You can call us for a free consultation at 1 888 752-7474.

One man is dead and his passenger was seriously injured after the red Ferrari they were driving in crashed into a light pole last week. The accident happened around 1:00 am Wednesday morning on Jamboree Road, just before Camelback Street in Newport Beach.
No one knows exactly how fast the Ferrari 599 GTB Fiorano was speeding at the time, but skid marks were found along the roadway before the car made impact.

This car has a top speed of 205 miles per hour, and with a price tag of $300,000 is definitely a high end luxury sport car. According to the Newport Beach Police Department, the car hit the curb and then the light pole. The impact split the car in two and the rear end of car came to rest about 75 feet away.

The unidentified man was pronounced dead at the scene. His women passenger was ejected during the impact of the crash and was taken to a nearby hospital. She sustained severe personal injuries but her status is yet unknown.

Have you been injured in an auto accident? As a passenger, you have rights against a driver that is negligent. Contact an experienced California personal injury attorney to explore your rights. They will explain your rights under California law and assist you with the best solution for you. You are always welcome to call us for a consultation, or simply to determine what your rights may be. Call us at 1 888 752-7474.

Yesterday, in Newport Beach, California a man driving a Porsche was implicated in a wrongful death crash involving the founder of Tapout clothing. Both may have been racing and the Porsche driver was arrested for DUI.

Amazingly, the other car wrapped around a pole, cutting the vehicle in half. The Porsche driver, and his passenger, pulled to a side street and tried to "walk away" from the scene according to Newport Beach police.

This is not the first time this driver had been arrested for DUI. No doubt feeling priveleged, he just thought he would leave the scene to others to help the accident victim and clean up the mess he was involved in, of course avoiding implication in the collision.

This societal trend is dangerous, and inhumane. In a world at war with terrorism and economic theft of Billions of dollars, it seems that more and more people are losing their moral compass. Left to only a few in years past, now it is more frequent than you could imagine that drivers flee a scene of an accident in the observation of this California personal injury attorney. The other driver may have been injured and not killed. This driver's attempt to walk away may have contributed to the death directly.

In a recent case, a pedestrian was run over by a van. Instead of protecting the pedestrian, the van pulled to the side of the road. The driver, apparently unsure if he should stay, did not get out of his vehicle or even warn other motorists approaching. A second car ran over the victim. That driver stayed and called 911. The van driver fled. Had the van driver stayed, the pedestrian might have survived.

Penalty for fleeing the scene should be severe, as should causing a police chase for many miles. Until we set the bar high, and assure someone that fleeing is severely punished, giving them pause, drivers will flee. Why? I can only surmise, the loss of all moral obligation to do the right thing.

If you have been a victim of an accident such as this or a hit and run, call a Orange County accident and Personal Injury attorney for a free consultation. Call 1 888 752-7474

Laguna Canyon road is one of the most beautiful country roads here in Orange County California, but a stretch of road known to most Orange County personal injury attorneys. However last week, it was nightmare for one man from Mission Viejo.

Although the identity of the man is still not known, we do know, from the Laguna Beach police officers that responded, that the man was traveling southbound on the road when apparently he missed a turn in his Toyota Tundra truck and lost control of his vehicle. When the police arrived they found the victim lying on the divider of the road with significant head trauma and many broken bones.

Currently an accident investigation is taking place to discover the reason for the accident. Recently it had been raining, so slick roads could have played a part. Was he wearing a seatbelt or could the seatbelt have malfunctioned? The truck had slid more than 400 feet and flipped. The man was thrown from the automobile. No other known vehicles were involved or were there witnesses?

In cases such as these with so many unanswered questions, you need an experienced personal injury lawyer that will do a thorough accident investigation into all aspects of the accident and get to the truth. Insurance companies have strong corporate legal council on their side and you need the best representation as well. even the widow of this poor gentleman may need help sorting our what really happened, and she like any person that needs assistance, can always call an experienced attorney to look at the circumstances and try to identify the cause of this unfortunate accident.

A dropped cell phone led to the untimely death of young woman on a popular stretch of the 405 freeway in Orange County California on Valentine’s Day.

Gladis Zepeda was driving her Chevrolet Impala down the freeway near Fountain Valley when she suddenly dropped her cell phone. According to California Highway Patrol, as she was searching for her phone, her car swerved across lanes and then she slammed into the center divider.

Since the headlights had been damaged and it was nighttime, it was totally dark but, Zepeda got out of the car to inspect the damage. Apparently another car was traveling in the carpool lane and did not see her or the car and hit them at regular highway speed. Ms. Zepeda was pronounced dead at the scene.

Two passengers in Zepeda’s car as well as two passengers in the other car were taken to the hospital with moderate injuries. Distraction is a major cause of automobile accidents and in most cases, causes serious personal injuries.

While Ms. Zepeda could certainly be blamed for hitting the center divider and stalling on the freeway fast lanes, it is also of concern that the other driver could not see her vehicle and struck it without warning, braking or swerving. A thorough investigation by an accident attorney into that driver's activities at the time of the collision is also warranted.

Of course passengers are non-negligent and may have claims against both drivers. On many occasions we have successfully represented stranded motorists, and motorists approaching stranded vehicles, depending upon the investigation we conduct.

If you have been injured, you need an experienced California accident injury attorney to assist you through the maze of insurance companies, car repairs and doctor bills. Call us for a free consultation at 1 888 752-7474 for all your personal injury attorney needs.

As a person that enjoys riding on the street, I find it appalling that motorists simply do not abide by the bicycle lane rules of the road. let's note a few examples that try any cyclist's patience

You, car driver, you can have almost the whole street. Please do not drive in the bike lane, because you want to pass on the right. Stay in your lane. You do not need to jeopardize our safety because you are in a hurry.

Hey car driver, can you please stay out of the bike until you near the intersection where you want to turn right. We know you think it's okay to pull into the bike lane 300 to 500 feet back from the intersection because you are impatient with traffic, but we either have to slow down for you, or you are driving up behind us and causing great frustration and danger.

When you want to park, do you know that there is no parking in a bike lane. Please don't do it because you cant find a parking spot. You force us to negotiate around your car and into traffic, which can be very dangerous on southern California streets and highways, like PCH.

Lastly, look before you open your door. It is hard to enjoy our ride, when we have to look at every parked car to see if a driver is sitting in the car and ready to open their door into our path. As an Orange County bicycle accident attorney, we have seen our share of injury occurring in this manner.

If you have been the victim in a bicycle accident, we can and will advocate your rights. Please call us for a free consultation at 1 888 752-7474. We will make sure, as a California bicycle accident attorney, that your rights are protected and that careless driver is held accountable for simply not following the simple rules of a bike lane.

Golfing is a great sport, but does have hazards. There is the sand, the water, OB and unfortunately, an errant golf ball, on occasion. Personal injury can and does occur from that, misguided "rock."

Most golfers take a hit in stride and move on. Courtesy requires a warning, but even if the alarm is not heard, the usual injury is only temporary, insignificant or hardly worth mentioning. Unfortunately, more significant injury can and does occur when a player is hit in the head. Some golfers have sustained such severe head injury that they are unable to carry out typical daily activities, and the condition can be permanent. Although rare, it happens. So what are a golfer's rights.

If you have ever golfed, you will see that the course has a policy that presumes you are aware of the course obstacles and risks, and you assume that risk when you play golf. However, if the golfer that struck you can be identified, they do not have such immunity.

Usually when you are struck, the common rules have not been followed. You are "hit up on" early in the fairway, a shot hits an object and then you or a slicer caroms one off to the right and hits you as you are standing on the adjoining green. In all cases, a golfer remains responsible for his errant balls, even if it was an uncontrollable circumstance.

Although bringing an action against a golfer under his homeowners policy does sound like violating the spirit of the game, the injured golfer did not get up that morning hoping to be severely injured. Now he needs help putting on his shoes, and may never be able to play golf again. The spirit of the game, to me, means to walk off the minor injury, but ask the errant shooter to pay when he causes you significant damages.

Call a personal injury attorney if you find yourself struck and seriously injured by a hacker who could not wait for you to clear the fairway.

The Orange County grand jury this week indicted Jeffrey Woods for the wrongful death of 14-year old Danny Oates. Woods faces charges of driving under the influence causing bodily injury and death to this teen as well as felony vehicular manslaughter with gross negligence while under the influence.

The accident happened on Indianapolis and Everglades avenues in Huntington Beach. Allegedly Woods ran into the boy on his bike while he was riding his bicycle to school. Initial investigations reveal that Woods may have been texting on his cell phone, negotiating a drug deal, at the same time he hit the young boy. In addition, he is accused of being under the influence of Xanax and Vicodin, two drugs that impair your ability to drive responsibly.

Wood’s attorney argues that the cause of the crash was a seizure, not drugs that caused the crash. The trial is scheduled to begin this summer at the Orange County courthouse in Santa Ana. If he is found to be under the influence, this is another excample of needless death due to drunk driving.

If you have sustained a serious injury in a bicycle accident, or have been injured by a drunk driver, you need the expert advice of an experienced auto accident attorney. Don’t hesitate to call for a free consultation at any time at 1 888 752-7474.

The US Consumer Product Safety Commission has begun an investigation into strangulation by mesh netting placed over cribs, ‘to keep toddlers safe.” Apparently, more than 10 deaths have been reported, due to strangulation, entanglement or inverting the canopy according to recent investigations. Many more injuries, some quite severe, have also been reported.

Parents are depending upon manufacturers to develop products that are safe for our children. Unfortunately, there is little governance in this area and companies that do manufacture the products may not have even conducted one safety study. As California product liability personal injury attorneys, our experience with such manufacturers is that little or no research is conducted before design and manufacture of such products.

Therefore it is important to read about the products and research complaints about them yourself. The internet is a good source of information, as is the US consumer Product Safety web site. Many blogs exist about products offered in the market place and there are opportunities to read personal experiences about specific names of products. Also read the literature about the product before purchasing it, to make sure the company outlines the safety studies they have conducted.

Naturally if you have suffered from such a tragedy in California, you should have a California product liability and personal injury attorney investigate the company, the product and its safety record. Call us for a confidential and free discussion on your incident at 1 888 752-7474 or email us at contactus@allenflatt.com.

Earlier this month a California jury awarded David Allen a $1.85 Million verdict for his 2007 motorcycle accident involving a beer truck. On the surface it may seem like a lot of money but when you consider extensive personal injury, surgeries and a lifetime of medical care, that doesn’t even come close to getting his life back to normal.

The accident happened as a beer truck, from the Bottomly Distributing Company was attempting to make a U-turn in the middle of a busy residential street. The truck driver waived the car behind him to go around his vehicle and into the oncoming lane of traffic, where unfortunately, Mr. Allen was driving his motorcycle. He was struck head on and sustained massive injuries.

The California jury concluded that Bottomly Distributing Company caused the accident by negligently and carelessly waiving the driver into the opposite lanes of traffic, and the driver’s actions were 100% responsible for the Mr. Allen’s injuries.The company denied liability and offered a small settlement.

A professional truck accident attorney can fight for your rights even if the truck company refuses to honor their obligations. If you’re involved in an auto or truck accident protect your rights by hiring a professional and competent attorney. Call us for a free consultation at 1 888 752-7474. Recovering from your injuries is just the first step to your recovery, but seeing the “big picture” is your attorney’s responsible and duty. We can help.

The California Highway Patrol has just completed their investigation of the multiple car accident with personal injuries in Southern California over one year ago. This deadly truck crash set off a chain reaction that left 23 people with serious personal injuries and 3 people dead and with wrongful death claims, including a six year old boy.

The trucker, Jose Reyes was traveling at a high rate of speed and his truck’s brake system was considered “deficient” which led to losing control of his truck. Even though speeding and a cause of the accident, trucks are suppose to have excellent braking systems. Who is ultimately responsible for keeping the truck’s brake system operating correctly? Saia Motor Freight Line, Inc, and not Reyes who was responsible for the vehicle’s maintenance. Records and documents of brake maintenance are suppose to be kept by motor carriers, showing preventative maintenance performed on the truck. A tunnel was also involved. The California Department of Transportation did not have adequate lighting and hazard warning signs before and after entering the tunnel. If you did not have an attorney and waited for the police report before making a claim, you have waived your rights against the state of California.

When you have a complicated case such as this one with many cars, truck and people with serious injuries, you need a professional California truck accident attorney to handle all aspects of insurance negotiations, and filing appropriate paperwork and claims. The attorney can act as the liaison between the affected parties, the State and the CHP.

If you are injured in a car or truck accident and need an attorney, you need someone to handle all aspects of your case, protect your rights and make sure you recover your damages, while you recover from your personal injuries. Call us at 1 888 752-7474 for all your personal injury attorney needs.

Last summer, Oscar-award winning actor Morgan Freeman was in a serious rollover accident in Mississippi. He sustained major serious injuries, but has since then fortunately recovered. But the information that was not well publicized was that Freeman had a passenger in the car with him that sustained personal injury as well.
Demaris Meyer was Freeman’s companion that night when they were dining with friends at a nearby country club. On the way home the automobile somehow flipped over and Demaris had personal injuries including broken bones, cuts, bruises and memory loss. She has retained personal injury attorney Gloria Allred to represent her in her federal lawsuit against Freeman.
Her claim seeks money for her injuries as well as clearing rumors and innuendo that she was the reason for the actor’s recent marital problems. She wants to clear her name regarding any speculation on why she was in the car with him.
Her attorney refused to speculate on whether the insurance company had already settled her claim and how much she was seeking for loss of work time because of her injuries.
Have you been a passenger in a recent automobile accident? If so, you need to know your rights as to what types of coverage you qualify for. Seek the advice of an experienced personal injury attorney immediately.

Should sports athletes really be pursued so aggressively for illegal drug use? I say let's treat them with the same standards that we apply to personal injury victims, The victim and the athlete have an opportunity to be compensated by the public (you and I pay insurance premiums for accident victims), because society places a value on your circumstance. While one is an entertainer, and one suffers peril, we never-the-less pay to both of them. However, each must be honest to get paid and each must not try to cheat the system. Otherwise, we lose trust of that system and remove the rewards. Let's see if I am on the
right path.

In an LA Times article, STRIKING OUT IN STEROID DEBATE, by Michael Hiltzik, March 2, 2009, he makes several good points about the unfair prosecution of steroid users in professional sports. The overall point however is a little misguided. He states, "Unless we define with clarity what's acceptable and what's not, and unless we demand from our police the same pristine integrity we demand of our targets, sports will never be free of doping issues."

On his first point, every athlete, especially in baseball, knows what is legal, and what is not appropriate enhancement and frowned upon by the public. That is why baseball promised anonymity, when baseball was asking for blood samples to determine if they needed a formal drug policy. Otherwise, no one would care about giving a blood sample, even A-rod.

A personal injury victim is also asked to be honest, and forthright about their injuries and damages, wage loss and past history of injury. This allows us to trust their claim with a minimum of oversight. But when the process becomes a game of hide and seek, we, the public, get fed up. If you lie, hide, try to act like you did not know, or deny the truth in an effort to get more than you deserve, whether you are a victim in a truck or auto accident, you cheated, and the punishment is severe and quick. In personal injury cases, benefits are taken away. Juries are even known to get so revolted that they actually may not award anything to the accident victim. Do not try to cheat the public trust and grace. I guess the same can be said of bank bailout money as well.

It seems reasonable that the same standard should be applied to professional athletes. If you are lying, cheating, hiding and doing things you inherently know to be wrong, to get more than you deserve, you too should be punished, severely. Take away your titles, awards, and your contracts our grace gives you. Even if the penalty is more severe than you really deserve, that is the price you pay for loss of our trust. After all the professional athlete is no more deserving, and in fact less deserving, than an accident victim.

As in personal injury cases, professional sports will eradicate the sport of illegal drug use, not by rules and lawyers, but by public penalty and ridicule. The athlete will not want to pay that price if it is severe enough, and the sport will move forward fairly, and in our continued grace.