Southern California Injury Law Blog

Recall I wrote about a February crash causing the death of a couple and the pilot off of Catalina Island airport in a small airplane. The final report of the NTSB is not done, but the preliminary report concluded that the plane took off and climbed to 2400 feet then made two turns losing 600 feet in altitude in 6 seconds per radar. It was gusty at 19 knots to 27 knots and the airport altitude is 1604 feet. A decent to 1800 feet put them within 200 feet of the ground by radar, and then they crashed. It is still unexplained why the pilot crashed the plane, and the NTSB usually completes their investigations within 6 months of the crash.

Interestingly, 116 crashes or incidents have been investigated in California in the last 7 months and 41 people killed according to the reports of the NTSB. It seems that small plane flight in California can be quite dangerous. Of the investigations that have been completed since January, 24 competed investigations, 4 have been blamed on unusual wind conditions, 18 incidents were caused by pilot error and 2 caused by mechanical failure. A significant number of pilot errors were attributed to non-production aircraft or student fliers.

We will see how the remaining ninety two investigations unfold. James Ballidis is an attorney specializing in California personal injury and accident claims with the firm of Allen, Flatt, Ballidis & Leslie.

That’s right. You can, without guilt, eat MM’S or Drink Gatorade containing the colorant FD&C blue dye No. 1. As many of you know, I am constantly searching to find better remedies and cutting edge technology for the medical improvement of our clients who have sustained spinal injury in accidents. Here is the latest!

The colorant Brilliant Blue G, almost identical to FD&C blue dye No. 1 has been linked to the ability to resolve spinal paralysis in rats. Rats, given through-the-vein injections of the compound, regained the ability to walk again after sustaining paralyzing spinal injury. Those rats that did not obtain the injections were permanently paralyzed.

Reported on line in the Proceedings of the National Academy of Sciences, researcher Maiken Nedergaard noted that the two dyes are very similar and could exchange for each other. Of course the research is new and must be further tested. Additionally there is no report of the effects on spinal injury instead of paralysis. Nor is there any research on ingestion vs injection.

However, if you have sustained a spinal injury or neurological injury, why not gleefully explore the additional healing potential of eating a few blue MM’S and sipping on Gatorade Blue while you attend your physical therapy visits! It can’t hurt, and may even make you feel a bit hopeful that you will continue to improve!

James Ballidis is an attorney that specializes in personal injury claims and president of Allen, Flatt, Ballidis & Leslie in Newport Beach, California.

Terry Williams was a veteran flight attendant for more than 17 years but on April 11, 2007, she saw something mysterious coming through the cabin looking like a “misty haze type of smoke”. Since then it has become known as the “fume event”. From that time on, Williams has fought a two year battle with chronic migraines, balance and vision problems, tremors and loss of memory.

Williams’ attorney has filed a product liability lawsuit against Boeing and McDonnell Douglas; aircraft manufacturers of the MD-82 aircraft that she was flying on. Her main criticism is that due to lack of on board filters and sensors, a major design flaw with the plane’s ventilation system, the toxins in the main cabin made her sick.

According the National Research Council, four out of every 1,000 flights have one of these “fume events”. Her symptoms are also consistent with neurotoxin exposure. This occurs when the engine oil seals leak and the engine fluid breakdowns and vaporizes in the cabin.

Are you working in a dangerous environment that is making you ill? Don't wait two years to investigate. Call someone to learn what you were exposed to and how to remedy the situation. This event happens so frequently, I am surprised that it has not been the issue of litigation sooner. James Ballidis is an attorney with the firm of Allen, Flatt, Ballidis & Lelsie Inc. in Southern California.

Orange County investigators have been looking into a boating accident that occurred in Huntington Harbor when 3 friends from Huntington Beach were driving wildly in an inflatable boat. Eyewitness accounts said that they were speeding through the harbor, making sharp circles and turns before they hit the bridge. Since it was high tide, the men would have had to duck to clear the Gilbert Drive Bridge.

The driver of the boat, Shawn Michael Wilson was found dead hours after the crash under a nearby dock. The other fatality was Caleb Steel, who was also found floating. Both men experienced massive trauma when their bodies hit the bridge. A third man, James Geekie was found unconscious but still in the boat after the accident. He was taken to UCI medical Center with head trauma injuries.

Autopsy toxicology reports are pending due to the theory that all three men had been drinking heavily that night. They had been spotted earlier in nearby bars and had empty beer cans in the boat. The case reminds us that good ideas after you have been drinking (hey let's get in the boat and go for a cruise) are usually not such a good idea. Boats, like cars, can cause injury or death and accidents like this should act as a reminder to us all that drinking and driving is not a good idea.

Just past midnight on July 7, 2009 Patti Pattison was involved in an accident on the 241 toll road. While heading home after working at Hoag Hospital she was hit in the back, the passenger door, and the front of her car. She then spun around several times, describing it as "the teacups at Disneyland," as reported in the Orange County Register.

Normally, someone who causes this accident would have stopped and seen if Ms. Pattison was alright, but instead the hit and run driver drove away without a blink. Isn't it outrageous that the accident causing driver left the scene without checking if Ms. Pattison was alright? With only the vague description of a beige car from Ms. Pattison, the probability of finding the driver has left her dissatisfied.

Luckily the Toll Road records every vehicle that passes through. This includes vehicles with transponders as well as those to pay cash, and even the ones who try to skip out on payment. Patti Pattison is sure the vehicle did not stop at the Toll Road booth but instead sped out of the Alton Parkway exit without stopping.

The vehicle either had a Toll Road pass which would have been recorded with the transponder owners name, address, phone number, etc, or the driver tried to skip out on payment and had a picture taken of the license plate. Either way the vehicle should be discoverable.
The CHP had asked the Transportation Corridor Agencies, who run the Toll Roads, for identification of the vehicle. Strangely no results were found.

Was every effort really made to find the vehicle identification? Obviously, the toll company was not going to be paid for the search effort. Should it still do a thorough search to help locate the hit and run driver? By not completing a thorough search, we are encouraging people to run and get away from their legal responsibilities.

Devonie Migues is an intern with Allen, Flatt, Ballidis & Leslie, a firm specializing in auto accident liability and recovery.

Laguna Hills City Council recently honored four men who courageously saved a woman from probable death from a vicious mauling of three bullmastiff dogs.

It was last December when one of the men, Ed Barnard was standing on his front lawn. According to city reports, one of the dogs bit him but he was able to tear him away. While on his phone to call emergency services for his wounds, he heard a woman screaming. Barnard and his neighbors came after the dogs with shovels and sticks to distract the dogs.

By the time they reached the women, the three dogs had nearly ripped off her arm and she almost died. Another man, Jim Warren used his body as a shield to cover the woman until the others distracted the dogs away. The 61 year old woman underwent over 8 hours of surgery but is now recovering. The men described the incident as a very traumatic and intense situation.

These four courageous men are indeed heroes!

If you own a dog in the state of California and Orqange County, you are strictly liable and responsible for its behavior and you are also liable for the personal injury if it bites someone.
Call experienced California personal injury attorneys if you have been injured by a dog bite.

Two people have died due to sudden and unexpected acceleration of their 2005 Toyota Camary. The National Transportation and Safety Board still maintains that there is no problem with the car. Let me tell you the facts as reported by the police departments that investigated the accidents. You can probably see that a defect exist, why can't the NTSB?

Anne Ezal was going to lunch at the Pelican Point Restaurant in Pismo Beach,California. The restaurant parking lot was downhill of the restaurant. After travelling down the hill and coming to a stop in a parking spot at the bottom of the parking lot hill, the Camary suddenly
accelerated, jumped a curb, went through a fence, negotiated a dirt extension of the lot and then tumbled over the bluff, a feature of the restaurant views. There was no reason to accelerate after pulling into the parking spot and coming to a stop. The vehicle
fell 70 feet killing the driver. There was no explanation why the car suddenly accelerated, and why it kept accelerating though the entire distance traveled before careening over the cliff. The passenger witness said that the driver was doing everything she could to stop the car while approaching the cliff.

In Oklahoma later in 2007, Jean Bookout and her friend Barbara Schwarz were exiting a Highway ramp in Oklahoma. She was also driving a 2005 Camry. The car suddenly accelerated, and to try to stop the car, the driver put on the emergency brake, leaving 100 feet of skid with one tire alone. The vehicle would not stop and the car ran into an embankment with huge force, causing the wrongful death of the passenger and severely injuring the driver.

Someone needs to wake up at the NTSB. While an investigation was conducted that inspected the cars, nothing was found. For a thorough analysis of the investigation, see this article in The Safety Record, by Safety Record and Strategies Inc. Isn't the purpose of the NTSB to protect us from faulty cars. More than a cursory investigation is needed where evidence so clearly points to a problem when these cars are going off the road. In the mean time, buy a 2005 Camary at your own risk.

Allen, Flatt, Ballidis & Leslie is a personal injury and accident law firm located in southern California. James Ballidis has been with the firm for 25 years in the capacity as senior trial attorney.

General Motors and Chrysler swooped through bankruptcy court and into economic heaven. Not only do they dispose of financial obligations, but they are now immune to civil claims of injury or damages arising from defective cars. According to several advocacy groups, this is a serious blow to the families that have such claims now, and those that might have a claim when literally the wheels come off the car.

Is there something you can do! No. Not a thing. You no longer have any rights for all cars built or assembled and sold before the bankruptcy filing and finalization. There is however a movement to force sellers of such cars to place a plackard on each car where defects have been noted warning consumers of the injury potential before the consumer buys the car, whether new or used. The idea is of course to have these vehicles removed from the streets by reducing the demand for the cars. It is a great idea in my mind. Let the car dealers eat the losses caused by these defective death traps, and remocve these cars from use. Then we don't have to claim personal injury when the defects manifest themselves.

James Ballidis is a personal injury and accident attorney with Allen, Flatt, Ballidis & Leslie in Newport Beach, California

Orange County Fire Authority was called to the parking lot of La Tierra Elementary School with a 9-1-1 call concerning an unconscious 14 year old boy. Initially it was thought that he had a skateboarding accident, but after the facts were revealed, it seems he had sustained head trauma through a senseless trunk riding stunt.

Investigators believe that the 17 year old driver was offering to take kids to a nearby park. When the inside of his car filled up, then three young boys got into the open trunk. Nestor Barrientos-Macias then fell off the trunk and hit his head. He was rushed to Mission Hospital but died three days later.

This week the 17 year old driver was arrested and charged with vehicular manslaughter and suspicion of felony hit and run. Trunk riding is a dangerous new stunt and parents need to warn their children of the tragic consequences; both as the driver and rider.

If you or your children have been injured in any type of orange county auto accident, don’t hesitate to contact an experienced accident injury attorney immediately.

Ultimate Fighting Champion, Quinton “Rampage” Jackson is being sued in Orange County Superior Court by a woman in Huntington Beach. Her attorney did not specify the amount of the claim but they did say they were seeking damages for the loss of her baby in the 2008 auto accident.

Just days after losing his UFC light-heavyweight-belt in July 2008, Jackson drove his truck erratically down Newport Boulevard, crashing into three vehicles. The lawsuit claims that Jackson’s truck continued to ram the woman's vehicle in an effort to flee the scene.

She was taken to Hoag Hospital in Newport Beach where three days later she lost her baby. She claims that the repeated trauma to her stomach by the steering wheel caused her amniotic fluid sac to break, ultimately causing the stillbirth of her child.

Jackson was arrested for misdemeanor reckless driving and pled guilty to evading police. He was ordered to complete community service, mental health therapy and pay for the damage he caused.

Even though Jackson has apologized, nothing can reverse the course of events.
If you have been involved in an accident resulting in serious personal injury or wrongful death, you need the help of a skilled personal injury lawyer. James Ballidis is an attorney with Allen, Flatt, Ballidis & Leslie.

The family of Gregory Wolters has recently settled out of court for his wrongful death; falling between gaps of the Santa Margarita Parkway Bridge in Orange County. He is the second death by accidentally falling through gaps in the bridge, and the City apparently posted no warnings about the bridge gap or dangers. Legal experts are asking whether a settlement is worth the loss of life, but equally important, is the process flawed when a City refuses at the claim stage to admit they knew of previous deaths and the danger this bridge design posed?

In late 2006, Wolters was working for Econolite and was performing routine inspection on the bridge when he fell through a gap in the center of bridge. His widow then brought suits against Orange County, Rancho Santa Margarita and the California Department of Transportation.
Orange County Superior Court judge Sheila Fell last week dismissed the case after settlement. Both sides were represented by attorneys arguing who was negligent, but in the end, the lawyers resolved the matter without going to trial.

The complicated legal issues arising from a wrongful death require careful analysis because of the many parties are involved. However, it is a shame that with this as the second death, from the same bridge gap, the City of Rancho Santa Margarita did not attempt to resolve the case before suit had to be filed.

It is worth your while to consult with an Orange County personal injury attorney to evaluate a potential cause of a wrongful death. Otherwise, the family can be left without any recovery when a life was wrongfully taken.

One innocent person was killed and three more critically injured when a high speed chase here in Westminster, Orange County, California ended tragically. Initially, police were called to the parking lot of an auto body shop with complaints of two men assaulting a third. When police arrived, the two suspects got into their pick-up truck and took-off.

During the police chase, the suspect’s vehicle reached speeds between 80 and 100 mile per hour on surface streets. The suspects then ran a red light and after that smashed head on into another truck and small car. The impact of the crash pushed the suspect’s truck about 100 yards down the street and it ended up on its side.

The man in the pick-up truck died immediately and the original two suspects as well as the person in the small car were taken to nearby hospital with critical injuries.

Unfortunately, high-speed chases are almost common place here in Southern California. Police chases are necessary to stop fleeing felons, but rules are in place to protect the public. It is always a balancing act between capturing the suspects and protecting the public. Unfortunately, fleeing felons do not care about the safety of the public. T

hat is why the penalty to them for fleeing must be so great that they care about their well being and likely prison term. Stiff sentences should be automatic, and heavy when fleeing law enforcement. Incarceration should not be in the general population pens where they can commune with other felons. Maybe it is time to review putting these people back onto "hard labor" chain gang work? Take the fun out of the escape by adding the back side payback, and you will reduce the fleeing suspect attempts.

As a Orange County personal injury attorney we see the devastation and destruction caused by these fleeing felons. It would be better to stop it before the attempted escape starts, rather than try to chase the felons "carefully." I say throw the book at them.

James Ballidis is a Newport Beach accident attorney practicing in Orange County California.

Everyone knows that if a company files bankruptcy, they get out of many debts. Personal innjury due to defective car manufacturing is such a debt. If there is not enough cash or assets to pay off all debt, then injured victims are the last to get paid.

Unfortunately, this seems backwards. Companies that are owed money get paid first, as long as they have a lien or secured interest. the government gets paid and even the workers get paid. After the dust settles, the victims, through no negligence of their own, get left holding the bag. when the injuries are serious by the way, there is rarely enough insurance and so the public pays for the victim' medical and health care for the rest of their life.

You can change this, at least with the GM non-sense. Gm will not assume liability for already pending claims, unless you voice an opinion. Please contact your congressional members and urge that they sign to Jeremy Warrimer Consumer Protection Act. The bill makes automakers retain their insurance for liability claims for any defective products made by them. Call or write today!