Southern California Injury Law Blog

I found this interesting site recently, Teens Against Distracted Driving. I had a chance to talk with the founder, a Seattle wrongful death and accident injury attorney. Here is a portion of my conversation with Jason Epstein.

Jim Ballidis: Why did you start the site Jason?

Jason Epstein: As a Seattle auto accident attorney I have seen thousands of car accident cases. The most tragic are always those that involve young people. Unfortunately, our youth are engaging in dangerous behavior every day which puts them at much greater risk for being involved in a serious car accident. Texting while driving is an epidemic. I see this kind of injury As a Seattle personal injury and auto accident lawyer often.

Jim: Why do you think we are struggling to get people to stop this practice? Is it lack of education?

Jason: Some people simply can’t put their phones and texting devices down, even while they drive. This behavior is dangerous and irresponsible and it is most prevalent with teenagers. What makes this worse is that teenagers are also the most inexperienced drivers on the road and are already at a greater risk for getting into a car accident to begin with. The data shows that texting while driving is just as, if not more, dangerous than drunk driving.

Jim: So what did you decide to do?

Jason: I couldn’t stand by any longer without trying to do something. I launched Teens Against Distracted Driving to try to raise awareness about this dangerous and deadly habit. My hope is that by giving the TADD bracelets to anyone who signs the pledge to not text and drive that the next time they go to pick up their phone while they are driving, they will see the bracelet on their wrist and make the choice to wait to send that text. It could keep them alive.

I support TADD and I hope you will too, by encouraging your children, teens and even adults to take the pledge against distracted driving. James Ballidis is an attorney in Newport Beach providing services to injured victims in auto and truck accidents.

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Athletes and accidents: the pitfalls that delay recovery.

Athletes that sustain serious injury in an accident are almost always unaware and unprepared for the challenges they will face, and most will delay their recovery if they do not get sound advice. Until now, there was no source of advice, no compilation of experiences, shared by other athletes. Each athlete had to learn the hard way about the pitfalls to rapid recovery.

The pitfalls are unique to athletes because of their unique mindset, a way of accomplishing goals that heavily relies on tenacity and drive. Unfortunately, most athletes have never faced the adversity caused by serious injury, and the habits and traits they have relied upon in the past do not work. They are destined to suffer additional injury, or setbacks because the will just “work through” the pain and challenges that are ahead.

Now an athlete can obtain knowledgeable advice and coaching. Author James Ballidis has synthesized experiences of elite athletes that are faced with a recovery from an accident. As a personal injury attorney representing those athletes, the book, Athletes in Accidents, Nine Pitfalls to Your Full Recovery, outlines nine strategies that an athlete can use, and the pitfalls to avoid during your recovery.

Common Pitfalls include:

1. Selecting the right medical professional, not just the general practitioner, or a doctor unfamiliar with athlete recovery.
2. Should you rely on your coach or trainer for your recovery regimen? 3. Are you now feeling left out because you cannot train and your social circle is made up of other athletes that you trained and competed with.
4. Do you know what to do if the doctor or therapist is not getting you better? Don’t quit, fix the therapy regimen!

The athlete has unique circumstances that must be addressed when they are involved in an accident. Know your capabilities rights and pitfalls to a full recovery from an accident by obtaining a copy of this book. You can call 1 866-981-5596 to order a copy for a reduced price of $7.00 or you can order the book on Amazon.com.

James Ballidis is an author of a number of books on personal injury and auto accident injury in California. He is a managing partner of Allen Flatt Ballidis and Leslie in Newport Beach, California.

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The Federal Aviation Administration (FAA) wants to install recording devices to record pilot conversations while flying in commercial airlines. The pilot's union is in an uproar and pilots say it will reduce their morale.

In a series of high profile accidents, both on airlines and in trains, there is a recognition that the operators of this machinery are preoccupied with texting, talking, and doing other than their job. Everyone recognizes that an airline now has navigational control and auto pilot to fly the planes. That does not mean that the pilot should be on his laptop and miss his landing zone than by more than half an hour as in a Northwest Airlines incident recently. It also means pilots in planes that I'm riding in, should not be distracted by incessant texting and talking that take away from the responsibility to monitor the aircraft, and their position related to other aircraft around them.

Pilots are paid well for their work and an employer has a right to ask that they do their work. Pilots are no different than any other person working at a job that requires they concentrate. A checker in a supermarket has a camera focused on them. Simply do your job and you should have no reason to be concerned about the recordings or distractions. If however, you are not doing your job you have a right to be concerned, and more importantly, I imagine your morale may dip. For our safety and the safety of the crew, pilots should be focused on their job and stop worrying about whether their conversations will be recorded while in flight.

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Lately, it seems that more and more deaths and serious injuries are related to texting while driving. The problem is systemic over all age groups, but a movement is underfoot to rally teens against the practice.

The web site Teens Against Distracted Driving offers an opportunity for teens to stand up and be counted. In an unusual movement, teens are making a pledge to stop texting while driving. Their pledges are tallied and will soon become a large contingent of teens devoted to policing themselves. The developer of the site suggests that soon the number of teens taking the pledge will be listed on the site by state. What is even more interesting is the impact this pledge may have on adults, family members and other friends.

With the pledge, the teen receives a free bracelet to wear that confirms their pledge. It is bound to offer additional questions about the pledge and spur more effort to remind us all that texting kills.

I have written in the last year of many texting accidents that have caused serious injury or death. Even the driver’s life is ruined, sometimes a teen, when convicted of involuntary manslaughter because of an errant distraction on the road.

Teens are doing something about it. I hope you will support the message, have those you know sign the pledge and proudly wear the bracelet to address this terrible phenomenon.

James Ballidis is an author and attorney in Southern California.

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22 years ago, Congress set out to stop dangerous and incompetent caregivers from practicing in different states when they have already been sanctioned in one state. It demanded the creation of a national database which would be a compilation of health care providers with disciplinary action from every state. Unfortunately, 22 years later, the federal government hasn't accomplished this goal.

The database is not available for view by the public. It was designed to be used by employers considering the hiring of applicants. Unfortunately, the database, according to the Los Angeles Times on February 15th, 2010, lacks much of the crucial information contained and available on various state licensing board websites. The reality is that the states have not been reporting their disciplinary actions to the federal government to allow a compilation of the database.

One has to ask first, why can't this simple project have been accomplished many, many years ago. Second, one wonders how much has been spent by the federal government "compiling" this database only to find that it is flawed and continues to be an eye-soar of no value or use. Third, why is the public excluded from reviewing this database, particularly when a doctor may open his own practice in a different state. Forth, why, after 22 years, and all of the technological advances available to us, it can't be simply reported quickly and effectively via a online reporting function. When a state updates its website with the disciplinary action, it automatically updates the federal database.

Not only is it dangerous to the safety of patients that this database and actions of Congress are not properly functioning, but I'm sure that it costs billions of dollars to run, manage, and develop, only to be yet another white elephant in the government's huge budget.

James Ballidis is an attorney devoted to the rights of citizens in California. If you have a personal injury, call us at 1 866 752-7474. Our consultations are always free.

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Our office was recently retained by the parents of a young elementary child who severely “hooked” his finger while playing on a school basketball court. The accident was completely avoidable.

The metal net was broken, and a hook was hanging off the net, low where a child’s hand to become tangled in it. As the child jumped up for a rebound, the hook caught his finger, hooked and tore into the flesh. He may have severe nerve damage.

The question to ask is whether school officials will blame budget cuts for leaving a condition like this for children to injure themselves. In this California personal injury lawyer’s opinion, the answer should be a resounding no.

When we listen to the budgetary woes of administrators in our school districts, we are compelled to participate in bake-offs, PTA rallies, runathons, sell magazines, and even help our children with direct donations. What I simply can't understand is why ordinary maintenance and typical protection of a child cannot be done within the budgetary constraints given these schools. Simply put, how much would it cost for a janitor, a principal, or even a teacher to climb on a three foot ladder and take the hook that holds the broken net chain off the hoop so that this young child does not sustain a serious injury.

Our government officials that run our school districts are out of time, and we're out of patience. As a member of the PTA and as a father of a 10-year old daughter, I will accept nothing but absolute integrity in the protection of my child when she is on school grounds. You should request nothing less from your school district.

School officials have for ages demanded more and more money, increasing and increasing budgets, that are designed to keep our students educated and safe. Despite all the money allocated to it, this totally avoidable accident occurs and I say it's absolutely ridiculous.

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If you're thinking of hiring a California personal injury lawyer don’t call anyone until you read this.

Unfortunately, some unqualified lawyers are shamefully misleading and they use advertising hype to attract clients on the Internet and in radio and television advertising.

If you want to know how to look beyond the advertising hype, and find the right lawyer for your case, you should obtain a Free book from a California attorney James Ballidis, who has practiced law for 25 years in California. The book “Avoid Lawyer Advertising Hype” is available through the web site www.avoidlawyeradhype.com, or you can call toll free to get a copy if you are a California resident. Call 1-888-752-7474.

The book covers subjects such as to how lawyers use advertising to get you to call, and why ads rarely tell you anything about the lawyer or their qualifications. You need to know how to find a qualified lawyer, one that is not under investigation and is experienced, a lawyer that knows how to settle cases, where possible or take them to trial if you need. You need to know what to look for when hiring a lawyer.

As one recent reader of the book said, "I found a lawyer by using the book and I have the ultimate confidence that he's the right lawyer for what I needed."

Why would Attorney Ballidis provide this book for free? Do you believe nothing is free, you will be sold something or hassled? We guarantee that there are no hassles, no sales pitches, just help. He has seen the devastation that the wrong lawyer can cause to a case. Some cases and clients need a specialist and some need a certain type of lawyer, this book tells you how to make those decisions. Naturally, if Mr. Ballidis’ firm is a fit for you and your case, you can call him, but this book comes with no irritating calls or attempts to sell you anything.

This free book will help you find a qualified personal injury lawyer that you need. And if you review this book, he is confident that you will find the right lawyer, based on your needs not advertising hype.

You should get a copy of your free book. Go to www.avoidlawyeradhype.com for your free copy or call 1-888-752-7474.

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According to a new report from the California Senate Office and Oversight Outcomes, there are some serious flaws in the way the state of California detects and monitors the elder abuse cases that is overseas. In Orange County alone, the elder abuse cases have tripled since 1994.
Elder abuse can be any violation against the elderly that is physical, verbal, emotional, or economic. California’s aging population is expected to have explosive growth in the next twenty years and California must do a better job of protecting the most vulnerable of our citizens.
One local case was in Laguna Hills that ended in the death of an elderly woman who was mistakenly given morphine and then choked on her food. She later died at a local hospital and the facility was fined $75,000. Another nursing home in Tustin was fined $50,000 when the staff failed to assess a man’s ability to eat and he later choked to death as well.

Additionally, three other nursing home patients were killed when the nursing home director had drugged the patients with powerful anti-psychotic drugs to control them. Heavy workloads and limited staff are commonplace in nursing homes and drugging patients is on the rise according to recent reports. If you or someone you love is a victim of elder abuse, a personal injury attorney can assist you with the investigation and if necessary a lawsuit to stop the abuse, correct the problem and get financial compensation for the harm caused. C all Allen, Flatt, Ballidis & Leslie, or see our personal injury site at www.thecaliforniainjurylawyer.com.

These offenses seem unbelievable and fortunately, most violations are relatively minor compared to these offenses. In fact, around 30% of the nation’s nursing homes have some sort of deficiency and about 1 in 20 actually have abuse. But how can you make sure your loved ones are being cared for? One controversial solution is the use of web or video cameras.
The residential homes that have cameras actually have greater family support and less theft and claims of abuse. Some staff actually welcome cameras to prove their side in false allegation claims. However, one family set up a video camera in their loved one’s room and was horrified when they viewed the film.

Maria Arellano’s family began noticing bruises on her body in early 2006 and when the staff did nothing after the complaints, the family installed a video camera. An aid was caught pulling Ms. Arellano’s hair, bending her neck, fingers and wrists and treating her violently in the shower chair. In addition, the same staff member was found to have repeatedly slapped this stroke victim. Obviously, this woman could not defend herself. Just last month the Arellano family was awarded $7.75 million for elder abuse in the Fillmore Convalescent Hospital in Southern California

How can you protect a loved one from a bad nursing home? A little comparison research into nursing facilities within your county before you need it will ensure a better experience for your entire family.

A good starting point is www.medicare.gov/. On the Medicare site, you can search nursing homes by name, city, zip, state or geographical region. In addition, you can compare several homes, side by side, for any violation and staffing numbers. Finally, once you decided on a home you may access detailed health and fire inspection reports on these facilities.

Additionally, you can visit the California Advocates for Nursing Home Reform’s website at www.canhr.org/ for a listing of nursing homes with the Department of Health violations.

James Ballidis is a personal attorney in Newport Beach, California. Call us at 1 866 981-5596 for a free consultation.

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Good daycare here in Southern California has always been a major concern for parents with small children, but after two questionable incidences recently, it leaves parents wondering where the state authorities are and how often a typical facility gets inspected.

Just last month a man went to the emergency room with 4 fingers missing. He said that he had accidentally blew his fingers off with a gun. After further analysis, the doctors concluded that the injuries were not consistent with a gun injury and called in law enforcement. They later found that he made explosives at his home in Lake Elsinore. Also at this home he grew marijuana and his mother ran a daycare center for children. Fortunately no children were injured in the explosion, but it could have been much worse!

Another recent close call was when a licensed daycare “lost” two of the toddlers they were caring for. The two kids had escaped through a broken fence during nap time and were found later walking along an active Metrolink train rail. Neighbors actually found the toddlers and called police. They had no identification on them and only when the officers concluded that they must have walked from the YMCA facility, they took them back there. You can only imagine the outrage of a parent when you go to pick up your child, only to be told, “I’m sorry but we can’t find your child”.

Both of these cases are currently being investigated by the Community Care Licensing Division of the Department of Social Services. Since 1990, over 31,000 children have been treated in hospital emergency rooms for injuries obtained in child care/day care facilities and sadly, 56 have been killed nationwide.

Not all facilities are created equal, so before you leave your child either in a licensed home or larger daycare center; ask lots of questions, perform background checks and make sure that the center is following all of the California state guidelines.
The Consumer Product Safety Commission, www.cpsc.gov/ suggests a safety checklist with the following items to ensure the facility you choose is safe:
• Playground maintenance/ surfacing: Check equipment, surface materials and fences to be sure all items are safe.
• Window blinds and curtain cords: This is a major choking hazard. Make sure there are no looped cords and vertical blinds are held down tight.
• Safety gates: Inside the home to avoid stairs and as well as outside to avoid pool areas and other dangers.
• Cribs: Older cribs may not meet all current safety standards; major choking and suffocation hazard.

James Ballidis is a personal injury attorney practicing in Orange County, California.

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In April of 2009 Jeffrey Pepski asked to reopen his sudden acceleration case involving a Lexus ES 350 from Toyota. Lexus continues to insist these accidents are caused by defective floor mats, which just does not make sense. He had been driving the car in on a roadway when a chilling series of events took place, reminiscent of the recent accident killing a CHP officer and his family as they preyed. A CHP trained officer knows, with the presence of mind to call 911 and pray, knows the difference between a stuck mat and a problem out of his control. Pepski's problem is eerily similar.

Pepski was driving his vehicle when it suddenly accelerated above 80 MPH. He tried pumping the accelerator and brakes without any benefit. He overheated his brakes in an attempt to stop the car, but could not get the speed below 25MPH. He put the car into neutral and the engine raced. He shifted back into drive, and suddenly, without any warning, the acceleration stopped. He turned off the vehicle, something he could not do earlier when he tried in neutral. He is adamant that the acceleration was not due to any mat problems, as he could lift and depress the accelerator.

In April he demanded NHTSA reopen the investigation when earlier inspection “found nothing wrong.” Naturally Toyota continues to pretend these are due to driver error or mats. This will not be the first time in recent months that Toyota has lied to protect itself from financial loss. See this article on Toyota destruction of evidence in rollover cases recently disclosed by their own prior attorney. In fact in an unusual response to the Pepski petition, Toyota did not wait for the inquiry of the NHTSA, but instead wrote a report criticizing every aspect of the request for inquiry of Mr. Pepski.

Now that the CHP officer’s case is under investigation, the evidence is becoming too common, too related, too dangerous to ignore. The NHTSA must investigate these cases more squarely, and insist on evaluation of the “black box” of car electronics. It is inconceivable that separate drivers, even trained drivers, would not notice that the accelerator is stuck under a floor mat.

The NHTSA is continuing the investigation into both matters, but don't think that it will be aggressive. Preliminary notes in both cases suggest yet again, "we can find no problem that can be reproduced." I.E let's kill a few more people before we really investigate. In the mean time, my wife’s desire for an SC 400 Lexus will have to wait until we know Toyota fixed this problem.

Allen, Flatt, Ballidis & Leslie is a law firm dedicated to helping accident victims. For more articles and information on auto accidents, please visit our web site.

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In April of 2009 Jeffrey Pepski asked to reopen his sudden acceleration case involving a Lexus ES 350 from Toyota. Lexus continues to insist these accidents are caused by defective floormats, which just does not make sense. He had been driving the car in on a roadway when a chilling series of events took place, reminiscent of the recent accident killing a CHP officer and his family as they preyed. A CHP trained officer knows, with the presence of mind to call 911 and pray, knows the difference between a stuck mat and a problem out of his control. Pepski's problem is eerily similar.

Pepski was driving his vehicle when it suddenly accelerated above 80 MPH. He tried pumping the accelerator and brakes without any benefit. He overheated his brakes in an attempt to stop the car, but could not get the speed below 25MPH. He put the car into neutral and the engine raced. He shifted back into drive, and suddenly, without any warning, the acceleration stopped. He turned off the vehicle, something he could not do earlier when he tried in neutral. He is adamant that the acceleration was not due to any mat problems, as he could lift and depress the accelerator.

In April he demanded NHTSA reopen the investigation when earlier inspection “found nothing wrong.” Naturally Toyota continues to pretend these are due to driver error or mats. This will not be the first time in recent months that Toyota has lied to protect itself from financial loss. See this article on Toyota destruction of evidence in rollover cases recently disclosed by their own prior attorney. In fact in an unusual response to the Pepski petition, Toyota did not wait for the inquiry of the NHTSA, but instead wrote a report criticizing every aspect of the request for inquiry of Mr. Pepski.

Now that the CHP officer’s case is under investigation, the evidence is becoming too common, too related, too dangerous to ignore. The NHTSA must investigate these cases more squarely, and insist on evaluation of the “black box” of car electronics. It is inconceivable that separate drivers, even trained drivers, would not notice that the accelerator is stuck under a floor mat.

The NHTSA is continuing the investigation into both matters, but don't think that it will be aggressive. Preliminary notes in both cases suggest yet again, "we can find no problem that can be reproduced." I.E let's kill a few more people before we really investigate. In the mean time, my wife’s desire for an SC 400 Lexus will have to wait until we know Toyota fixed this problem.

Allen, Flatt, Ballidis & Leslie is a law firm dedicated to helping accident victims. For more articles and information on auto accidents, please visit our web site.

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In April of 2009 Jeffrey Pepski asked to reopen his sudden acceleration case involving a Lexus ES 350 from Toyota. Lexus continues to insist these accidents are caused by defective floormats, which just does not make sense. He had been driving the car in on a roadway when a chilling series of events took place, reminiscent of the recent accident killing a CHP officer and his family as they preyed. A CHP trained officer knows, with the presence of mind to call 911 and pray, knows the difference between a stuck mat and a problem out of his control. Pepski's problem is eerily similar.

Pepski was driving his vehicle when it suddenly accelerated above 80 MPH. He tried pumping the accelerator and brakes without any benefit. He overheated his brakes in an attempt to stop the car, but could not get the speed below 25MPH. He put the car into neutral and the engine raced. He shifted back into drive, and suddenly, without any warning, the acceleration stopped. He turned off the vehicle, something he could not do earlier when he tried in neutral. He is adamant that the acceleration was not due to any mat problems, as he could lift and depress the accelerator.

In April he demanded NHTSA reopen the investigation when earlier inspection “found nothing wrong.” Naturally Toyota continues to pretend these are due to driver error or mats. This will not be the first time in recent months that Toyota has lied to protect itself from financial loss. See this article on Toyota destruction of evidence in rollover cases recently disclosed by their own prior attorney. In fact in an unusual response to the Pepski petition, Toyota did not wait for the inquiry of the NHTSA, but instead wrote a report criticizing every aspect of the request for inquiry of Mr. Pepski.

Now that the CHP officer’s case is under investigation, the evidence is becoming too common, too related, too dangerous to ignore. The NHTSA must investigate these cases more squarely, and insist on evaluation of the “black box” of car electronics. It is inconceivable that separate drivers, even trained drivers, would not notice that the accelerator is stuck under a floor mat.

The NHTSA is continuing the investigation into both matters, but don't think that it will be aggressive. Preliminary notes in both cases suggest yet again, "we can find no problem that can be reproduced." I.E let's kill a few more people before we really investigate. In the mean time, my wife’s desire for an SC 400 Lexus will have to wait until we know Toyota fixed this problem.

Allen, Flatt, Ballidis & Leslie is a law firm dedicated to helping accident victims. For more articles and information on auto accidents, please visit our web site.

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In April of 2009 Jeffrey Pepski asked to reopen his sudden acceleration case involving a Lexus ES 350 from Toyota. Lexus continues to insist these accidents are caused by defective floor mats, which just does not make sense. He had been driving the car in on a roadway when a chilling series of events took place, reminiscent of the recent accident killing a CHP officer and his family as they preyed. A CHP trained officer knows, with the presence of mind to call 911 and pray, knows the difference between a stuck mat and a problem out of his control. Pepski's problem is eerily similar.

Pepski was driving his vehicle when it suddenly accelerated above 80 MPH. He tried pumping the accelerator and brakes without any benefit. He overheated his brakes in an attempt to stop the car, but could not get the speed below 25MPH. He put the car into neutral and the engine raced. He shifted back into drive, and suddenly, without any warning, the acceleration stopped. He turned off the vehicle, something he could not do earlier when he tried in neutral. He is adamant that the acceleration was not due to any mat problems, as he could lift and depress the accelerator.

In April he demanded NHTSA reopen the investigation when earlier inspection “found nothing wrong.” Naturally Toyota continues to pretend these are due to driver error or mats. This will not be the first time in recent months that Toyota has lied to protect itself from financial loss. See this article on Toyota destruction of evidence in rollover cases recently disclosed by their own prior attorney. In fact in an unusual response to the Pepski petition, Toyota did not wait for the inquiry of the NHTSA, but instead wrote a report criticizing every aspect of the request for inquiry of Mr. Pepski.

Now that the CHP officer’s case is under investigation, the evidence is becoming too common, too related, too dangerous to ignore. The NHTSA must investigate these cases more squarely, and insist on evaluation of the “black box” of car electronics. It is inconceivable that separate drivers, even trained drivers, would not notice that the accelerator is stuck under a floor mat.

The NHTSA is continuing the investigation into both matters, but don't think that it will be aggressive. Preliminary notes in both cases suggest yet again, "we can find no problem that can be reproduced." I.E let's kill a few more people before we really investigate. In the mean time, my wife’s desire for an SC 400 Lexus will have to wait until we know Toyota fixed this problem.

Allen, Flatt, Ballidis & Leslie is a law firm dedicated to helping accident victims. For more articles and information on auto accidents, please visit our web site.

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A jury in Sacramento returned a $16.57 million verdict against Entercom Broadcasting's Sacramento subsidiary when a woman died from drinking too much water to win a WII game contest. The winner was the person that could consume the most water without having to go to the bathroom. Water poisoning can occur with the consumption of too much water.

What is interesting about this case, is the ability of a Plaintiff to get it to trial without dismissal, and not for the reasons you are probably thinking.

The Plaintiffs, family of the deceased woman, made a point that the radio station was warned of the dangers before the contest, knew the dangers and still held the contest. Additionally, the local station and managers did not follow their internal rules and regulations regarding holding such contests. These types of contests were prohibited by their own rules because they pose an unusual danger to contestants. The Plaintiffs’ attorney made several post trial statements that this case was about holding people responsible for their acts, including this station and their employees. The jury found no responsibility on the decedent, as she apparently had no warning of the dangers of drinking too much water.

In most cases, where a contestant had participated in a contest, they are required to execute a release and waiver of claims for personal injury. This case was no exception, but the release was poorly written. In most cases, people who participate in contests can waive their entire right to make any claim and Courts in California have routinely held these releases valid. That is why it is important if you are a victim of one of these contests, you consult with a California personal injury attorney.

In this case, through some digging, I got a copy of the release. It states:

“Release for all claims including personal injury.
In consideration of goods and valuable consideration received and to be received, I (and everyone I know) do hereby release Entercom Inc. from all claims, demands, grievances, and causes of action either legal or equitable, including but not limited to all damages of any kind incurred by myself and others…”

This release fails as far to generalized to escape liability for negligence or intentional conduct, but don’t think that an ironclad release cannot be drafted. In many cases in California a release has been upheld even if the damages could not have been expected. One of the most unusual cases, a TV fell from a Gym wall onto a patron as he was walking by, but the release provided protection even though the TV had been mounted improperly by an employee and had nothing to do with the patron. In fact Courts in California have been trending toward upholding the validity of releases more than denying their application.

I am sure that this woman had no notion that she was signing away her rights if she died during the contest. No one anticipates these tragedies. But the ability to sue should not be limited by a release if the other party does things that intentionally or negligently cause you injury, and that are out of your control or not anticipated.

Most cases get dismissed because crafty lawyers draft air tight releases, even though, as in this case, the company did not even follow the basic rules set out to protect contestants.

In modern society, big business controls everything. If you want to join a gym, you have to sign a release and if you participate in a contest, be prepared to suffer the consequences. You are on your own.

James Ballidis is an attorney in Southern California and has represented many clients facing release issues against their rights. We encourage you to always have an attorney review your release if you are hurt and your claims are being denied. Many releases can be broken, like this one, where the release is not drafted properly and completely. Call us at 949 752-7474 if you want to consult us or contact us.

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I have recently written on the number of examples where tort reform has not worked. Workers compensation is a failure, as workers have no right to sue their employers for negligence. Health insurance companies, operating under ERISA laws deny coverage wrongfully, and often, and have no legal recourse. In none of these examples has there been a fair treatment of those injured due to the negligence of another. Instead there has been a compromise of their rights, allegedly for the sake of society.

One frequent argument proposed for tort reform is that a less expensive and more effective method of controlling negligence is through government supervision and regulation. Nothing could be further than the truth as evidenced by the recent Los Angeles Times article on October 21, 2009 investigating Cal OSHA penalties for employer negligence. I invite your review of this article personally becasue I believe it deserves a Pulitzer for fair and in depth investigative reporting by Jessica Garrison.

An employer, Bimbo bakeries in California, had six amputations and a fractured hand at the workplace between 2003 and 2006. Cal OSHA investigated each of these violations, determined them to be caused by a serious failure to abide by safety regulations, maintain guards on equipment and operate the factory safely. Investigators levied fines anywhere from $2000-$21,000. However, the article pointed out that the Cal OSHA appeals boards waived almost all of the fines assessed and levied against this particular employer, not because they found the investigations without merit, but according to Candice Traeger, chairman of the appeals board, a backlog of cases drew a federal complaint causing the board to settle thousands of cases for pennies on the dollar.

Did the employer learned lessons through the efforts of governmental oversight? I doubt it given the first fine in July of 2003 of $21,750 was waived for an amputation; the second amputation in October 2004 generated a fine of $22,500 and was reduced to $5000 and so on. The employer effectively pawned its responsibility off on workers compensation insurance, a system you and I have to support in part through the State Compensation Insurance Fund, with tax dollars. This employer will continue to operate in callous disregard for its employees’ safety.

Recognize that each worker is only paid a limited portion of their damages: only a small portion of their lost wages, medical bills as authorized by the employer, and a permanent disability rating far less than a jury award typically provides for loss of limb. They will however have to live with the amputation, limitations, embarrassment and disfigurement for the balance of their life.

Tort reform simply does not work, and limitations on damages payable to the victim are unjustified. Instead we should be asking these companies why they are refusing to act responsibly, and how much in punitive damages should they have to pay until they do.

I can assure you that as a California personal injury attorney, if I were not precluded from bringing suit, each of you as jurors, listening to testimony arising from six different amputations would feel not only comfortable but compelled to award compensation damages to the most recent victim and punitive damages to punish the company for its conduct. You have taken that capability from attorneys and given it to Cal OSHA in the hopes that effective oversight is enforced.

As you can see, your government is only as effective as the money you give to them, and I am not clear why my taxes should be used to enforce laws that a company should be observing on their own. Make these companies pay for their own errors and they will either comply or go out of business. If the latter option is chosen, more responsible employers will populate the bakery field and responsibly save death and injury to countless victims.

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Posted In: Construction Accidents , Injuries , Insurance Disputes , Product Liability

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Knott’s Berry farms’ Xcelerator ride will be shut down until further notice while investigators try to figure out what caused a cable to snap and injure two people on the ride.

Orange County Fire Authority paramedics arrived immediately on the scene Wednesday when the accident occurred. There were 9 people on the ride at the time but fortunately only two were injured; a twelve year old boy was treated for a leg laceration and the other person complained of back pain. The two injured were taken to nearby hospitals but were expected to be released soon.

All rides at Knott’s Berry Farm, including Xcelerator, are inspected daily. The cable in question was replaced last December and according to the cable’s manufacturer is supposed to be good for one year. The ride has a drop of 205 feet and reaches a top speed of 82mph.

It is unusual to have a failure for an unexplained reason. In serious accident cases, an investigation by an Orange County personal injury attorney usually is a necessary, as company investigations may not be thoroughly neutral and unbiased. Have you or a loved one been injured at an amusement park? Call a California injury lawyer to decide what to do in your individual case. Jim Ballidis at Allen, Flatt, Ballidis and Leslie always offers a free consultation.

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Aqua-Leisure Industries has voluntarily recalled it baby float products upon immediate recommendation from the U.S. Consumer Product Safety Commission. Several baby floats have been found to have seats and straps that tear, causing babies and small children to fall into or under the water. There have been 31 incidents to date and fortunately no deaths. Float devices include the names, “Deluxe Baby Boat”, “Baby and Me Combo”, and many animal-shaped flotation devices. For a full list of products and corresponding pictures, please visit www.cpsc.gov.

The flotation products were sold at stores such as Target, Toys “R” Us, Wal-Mart, Dollar, Ace Hardware and Walgreen’s from December 2002 through June 2009. Although the recall does not include all of Aqua-Leisure’s products, it’s a good idea to inspect any flotation device when it comes to the safety of your children in a pool or lake. These straps can break without warning and create a major risk of drowning.

If you know someone who has been injured in an accident through a product defect, you need to speak with a California personal injury attorney before the statute of limitations has expired. Allen, Flatt, Ballidis and Leslie have served the community of Orange County since 1974. Call us at 1 888 752-7474 anytime for a free consultation..

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Imagine going to your local daycare to pick up your child, only to find out he or she is “missing”. That’s what happened to Rosie Mendez in August when she went to pick up her 2 year old son. No one from the daycare or police notified her that her son had been missing for over two hours.

Her son Eric had been attending the YMCA’s Children’s Station daycare in central Orange County. Although the attendants at the daycare are not sure when it happened, somehow the two toddlers escaped from the grounds through a broken fence and were discovered missing during a routine headcount around 3pm. They were only discovered when neighbors saw two toddlers playing on the railroad tracks used by Metrolink. Police came and picked them up but still didn’t know where the children were from. They drove around until they spotted the daycare and assumed the kids had wandered away from the facility.

California state regulators are now investigating the daycare for any violations. This facility should be thankful that nothing tragic happened to these two toddlers, although Metrolink trains run every 30 minutes through this area of Anaheim.

Know your daycare facility, check for violations and make sure that you know their emergency procedures. This situation can happen all too frequently. As a father and a California personal injury attorney, I really cannot excuse the failure to notify the parents. Once the children were missing, an immediate call should have been made. I would want to know and help with the search, as I suspect you would too.

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Cell phones produce heat, as anyone who has been on the phone can attest, after a few minutes. Heat has been known to cause destruction of cell membranes and was thought to increase the possibility of brain tumors. However, less visible is the electromagnetic radiation from a cell phone. There has been wide speculation that this radiation may also cause injury to the brain and or several types of cancer. In a call to action, many studies were orchestrated over the last 8 years and, like global warming and the debate about tobacco in the 60's, it is not surprising that there is disagreement.

A number of Independent studies have concluded there is a higher risk of brain cancer in users of cell phones, particularly in young users less than 18 years of age and in those that use a phone for more than 10 years. Some studies have estimated the risk as high as 240%. Now do I have your attention. Cell phone industry sponsored studies have naturally declared such conclusions groundless. Who is right!

As a California personal injury attorney of 25 years, I have seen the willingness of large industry to slant the truth about safety for profit. Tobacco was the recent Goliath to fall, but car manufacturers, crib manufacturers, and a slew of other products I have written about over the last few years, demonstrates that manufacturer studies are not to be trusted as reliable.

In response to growing global fear the increased risk of cancer might be true, a huge undertaking was initiated to do a global, multiple country assessment of these risks. Four years ago the data was finally compiled, but to date, no report has been issued. It is suspected that the researchers have significant disagreement about the results and conclusions to publish. It would be silly to think politics and economic influences are not also in play in such a serious and large effort.

A group of researchers has now come out with a report, "Cell Phones And Brain Tumors. 15 Reasons For Concern." In this report, they point to the lack of conclusions in the most recent global phone study as evidence of concern, refute many corporate studies with other study comparisons and give 15 grounds for you and I to be concerned about cell phone use and brain tumors. I would recommend you read the report yourself, and see if you are not persuaded cancer from cell phone use is a real and dangerous concern. Just the list of researchers that support the paper is worth a look, and comprises 45 scientists and 7 organizations from many countries.

Cell phone use is like smoking of the 60's, everyone was dong it, and we relied on the government and big business to protect us. This may simply not be a viable in this age. I am thinking for myself and I encourage you to do the same.

Oh and by the way, if you are thinking this might be a great lawsuit next week if you develop brain cancer, think again. The laws in federal court require that at least there be an accepted scientific community consensus that your cancer was caused by phone radiation. We do not have that consencus now, and the skeptic in me supposes that the cell phone industry would like to keep it that way for many years to come.

James Ballidis is a California personal products liability attorney in Newport Beach California.

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According to new federal safety data, traffic fatalities in Orange County have decreased 15% in 2008 from the previous year but O.C. motorcycle accident deaths have increased 44%. There are several reasons for the increase; less skilled riders, a bad economy and more powerful riding equipment.

It started with the high cost of fuel and now with lower incomes, more than ever people are turning the cars in for motorcycles. However, driving a motorcycle is not like driving a car. Newer motorbikes are heavier, faster and more difficult to control. In California over one-third of all motorcycle accident victims did not have the proper Department of Motor Vehicle endorsement on their licenses.

It is not unusual for me to see an accident outside one of the motorcycle performance shops in Orange County. You know the guy, just bought the bike, can't wait to ride, has little training on this bike, pulls from the parking lot and gives too much throttle, inevitably dumping the bike.

The California Office of Traffic and Safety is encouraging every motorcycle driver to get trained through the California Motorcyclist Safety Program. Graduates of these programs qualify for DMV endorsements and won’t have to take the skills exam. I recommend that you go out with a seasoned rider, and learn the performance and tendencies of your new machine.

With the exception of bad motorcycle accident data, Orange County ‘s vehicle fatalities are decreasing and DUI deaths are down thanks to more awareness and social responsibility. California vehicle fatalities were down 14% last year, the lowest level since 1975.
If you have been involved in a motorcycle or vehicle accident, don’t hesitate to contact a motorcycle accident lawyer as soon as you are able. You can call us at 1 866 752-7474 for immediate help.

James Ballidis is an attorney with the firm of Allen, Flatt, Ballidis & Leslie.

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Posted In: Bicycle accidents , Injuries , Insurance Disputes , Motorcycle Accidents

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The family of 90-year old Charles Gaal has filed suit in Orange County Circuit Court against Dr. Wesley Meyers for medical negligence. The family is suing the dentist for allegedly dropping tools down this elderly man’s throat—twice. The lawsuit claims that in 2006 the doctor dropped an “implant screwdriver tool” and in 2007 a “mini-wrench”.

Gaal underwent multiple medical procedures to remove the tools but never completely recovered. He suffered a heart attack in 2007 and died a few days later. Dr. Meyer’s was fined $17,000 by the state during their investigation.

Although this case is rather extreme, medical errors are on the rise here in the U.S. in the form of drug interactions, wrong medicines, hospital infections and surgical errors.

Our office does not offer legal representation for medical malpractice issues. However, we may still be able to help. Call us at 1 866 752-7474 if you are in Southern California and we may be able to refer you to a specialist. Also James Ballidis of our office wrote a book. "Avoid Lawyer Advertising Hype. A Lawyer's Method For Finding a Lawyer." We will send you this informative book for free if you want to use a lawyer's method for finding the right attorney for you. It gives you practical advice on how to easily research and locate an attorney, what to ask and how to check their track record. Call us at 1 866 752-7474. We want you to Soar Above, not just survive an accident.

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The preventable death of a 2-month old infant here in Orange County this week reminds us all that seat belts saves lives and in this case, a properly used infant car seat could have saved this baby’s life.

The Garcia family of Santa Ana was driving southbound on the I-5 freeway in Tustin when they drifted into the neighboring truck’s lane. California Highway Patrol reports that after hitting the truck’s left corner, Garcia lost control of the van then turned sharply onto the dirt embankment and overturned. The baby was thrown from the vehicle and was killed instantly.

Seat belts have long been required for infants and children. They are more likely to be injured because of the forces subjected to their small body during an accident. Smaller in size, a force that may shake a 210 pound man, may throw children and infants during a collision, even if the collision is not significant to the balance of the occupants. No one will suffer more than the Garcia family. We as a community, law enforcement and neighbors should always continue to stress safety for infants and children in an auto.

Garcia suffered moderate injuries and the four other passengers who were wearing their seatbelts suffered only minor injuries. The truck driver pulled over immediately but was unharmed during the incident.

Auto accidents happen when you least expect them and typically they happen close to your home as in this case. Orange County accident lawyers can handle local accidents better than anyone because of their expert local knowledge.

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California Highway Patrol reported at least 5 people are dead following a suspected blown tire on one of Orange County’s busiest freeways recently.

The accident occurred on the southbound I-5 freeway around ten o’clock in the morning. A 37- year old man and 33-year old woman, plus 3 additional passengers were in a Chevrolet Tracker when witnesses described that the vehicle suddenly veered off the highway and went down the embankment. The SUV finally stopped behind the bookstore in the El Paseo shopping center. Orange County Coroner’s office verified that all five victims were burned beyond recognition.
The Geo Tracker was made by General Motors between 1989-2004.

During the years 1991-1993, this vehicle received the worst possible rating by the Insurance Institute for Highway Safety. The death rate was almost three times the average for all passenger vehicles. This car has a high risk for head injury for the driver.
The accident is still under investigation.

Tire defects can cause damage and injury. However, every driver should be able to negotiate a blown tire by safely pulling to the side of the road. Otherwise we would all be killed because at one time or another we have all experienced a flat tire. This collision should be no exception.

If you know anyone who has been in an auto accident they need to speak to an experienced auto accident attorney as soon as they can. We can will review possible recalls of tire and other safety issues that a car owner may not be aware of. Allen Flatt, Ballidis and Leslie have been serving Orange County since 1974.

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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.

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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.

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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.

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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.

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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.

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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.

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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

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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.

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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.

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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.

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Cypress Police Department in Orange County are calling the dog bites from its own police dog an accident, but the 22 year old woman that was bitten has filed suit through her attorney.

The dog bite happened in the early morning hours of August 16th, 2008. Police officers were searching a neighborhood for an armed robbery suspect. The police asked the homeowner if they could search the surrounding property and garage. The homeowner agreed, but had f a guest sleeping in the garage. When the officers and dog entered the garage, they found Alicia Quinonez, 22 sleeping. Quinonez was startled awake and may have kicked or swiped at the dog, that fact is disputed at this point. She was taken to a nearby hospital with severe bites to her right leg.

Her attorney claims that a police dog should be have been better trained. The city is now conducting a full investigation. Whether a governmental official or private citizen, a dog owner is responsible for the behavior of his/her dog. When ever someone ifs bitten wrongly, a California personal injury attorney specializing in dog bite cases can provide a meaningful evaluation of your right to bring a claim.

James Ballidis is an attorney practicing in Orange County California and specializes in Dog bite and personal injury claims.

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Recently, California state officials have concluded that two Orange County nursing homes will be fined for providing insufficient care for their patients. In both cases, the inadequate care led to the wrongful deaths of two people.

In the first case, West Alamitos Health Care center was fined $100,000 for the death of a woman who was not given enough fluids. She got so severely dehydrated that she was transferred to the hospital and died six days later of acute kidney failure. How a facility to withhold fluids is just beyond comprehension and the fine certainly does not value the life of this woman.

The second facility fined $80,000 was at Huntington Valley HealthCare Center in Huntington Beach. In this case, the nurses did not call 9-1-1 when the patient was having a heart attack, even though his advanced directive specifically stated he wanted CPR in an emergency situation. The staff misread the instructions and the patient subsequently died.

In both cases, the personnel involved have are no longer employed by these facilities. But is this really enough? Two people died because of inattentive medical staff! Orange County Personal Injury attorneys frequently see elderly clients mistreated and abused by facilities with inadequately trained staff or staff that is apathetic to the needs of their patients. It is simply unacceptable, and fines that nothing more than a slap on the hand are unacceptable when a death occurs.

When you leave an elderly loved one in a nursing home, make certain that the staff reads and understands the medical directive. As a Orange County personal injury attorney, I recommend that you even insist on meeting the staff members that are primarily assigned to care for your family member. It is harder for them to ignore your loved one if they will also have to answer to you and you can make a judgment call if the staff member is not adequately trained to care for you family. Additionally, check the facility out with the state and county licensing boards to check for various fines.

Written by James Ballidis, a California personal injury and auto accident attorney with 25 years experience practicing in Newport Beach California.

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Summer is quickly approaching and so far this year, the Orange County Fire Authority has responded to 14 calls of near-drowning in the Orange County area. This is quite alarming especially since the summer swimming season has not yet begun. Of the 14 calls, four have been fatal.

In the last two weeks, a one year old boy from Aliso Viejo and a 47 year old man from San Juan Capistrano have died from drowning. The one thing these two calls as well as the other 12 have in common is that no one was watching. At a party or a public pool, don’t always think that someone else is watching your child. Lifeguards often times are distracted and can’t always see everyone in the pool! Additionally, just because someone is an adult doesn’t mean that they can swim.

Officials from the OCFA will soon begin a new water safety campaign to provide safety tips for parents. The most important tip is to assign someone to watch your pool during large gatherings, and it goes without saying that children should be monitored at all times.
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If someone you know has experienced an pool related drowning or injury in a pool setting, don’t hesitate to call an experienced Orange County accident lawyer or a personal injury attorney that specializes in pool drowning claims. Call us at any time for a free consultation at 1 888 752-7474 for any personal injury needs you may have.

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Posted In: Injuries , Insurance Disputes

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Heavy fog is being blamed for a massive multi-car pileup in Southern California last week. Wreckage of at least four big rig trucks and several cars were strewn at least a half mile on Interstate I-15 in the Oak Hills area of the Cajon Pass. Fog does not cause accidents, poor judgment by truck and auto drivers, during such conditions causes accidents. Truck drivers, in a hurry to deliver their loads, do not slow down under such conditions. They also underestimate their ability to stop in such conditions. Many accidents are caused each year from fog, but anyone who has traveled this highway knows that fog comes and goes. It is the duty of the motorist and truck driver to slow down, and proceed more cautiously.

There were reports of several injuries as well as diesel fuel spills which brought hazmat teams to clean up the dangerous materials. Many of the injured were transported to nearby hospitals with minor to moderate injuries.

The Cajon Pass in Southern California is the major artery East of Orange County. It transports traffic between the low desert cities and Riverside County. It was closed for most of the day causing huge traffic delays during the massive clean-up.

Our firm is all too familiar with the Cajon pass and the injuries and damages it causes to others. Whether it is fog, snow, rain or simply trucks traveling too fast, it is a major source of personal injury to motorists. If you have been injured in an accident similar to this one, you need a California personal injury attorney to handle your case. Multi-car accidents can be more complicated and you need an expert on your side. Contact Allen, Flatt, Ballidis and Leslie for a comprehensive review of your situation.

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Posted In: Car Accidents , Injuries , Truck Accidents

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Disneyland is “the Happiest Place on Earth”, at least here in Orange County, but 2 years ago it turned into a nightmare for two California women.

Qi Zhao and her two sisters and a niece were all riding the tram to return to your car after a fun day at the Disney theme park. The family had been at the park about 10 hours and they were tired. During the short tram ride Zhao fell asleep and when the tram drove around the turnaround to reverse direction.

Zhao sustained major head trauma when her head hit the pavement. Additionally she suffered a fractured skull and was in a coma for three weeks. Her other sister only had minor injuries.

The family brought a lawsuit against Disney for dangerous tram rides that travel at too fast for conditions and patrons likily to be tired from a long day at the park. Do you think that a person who falls asleep should be paid for their injuries on a tram? Disney counterclaimed that the family did not pay attention to the safety announcements, and was responsible for their own injuries. The decision was to be put into the hands of a jury, but Disney and the Plaintiff have now settled the claim with the Zhao family for an undisclosed figure.

Typically, Disney does not settle any cases it feels it can win. We will never know what the settlement was, $5,000 or $500,000 because the settlement was confidential. I suspect both parties had some points to raise, but I would be curious of the outcome at trial. I think an Orange County jury would have been hard pressed to award any sums in this case unless shown some really compelling evidence of liability in litigation.

Have you been injured in an amusement park accident, or any other accident due to the negligence of another? If so, you should have an investigation conducted to ascertain the real cause of the accident. While this person fell asleep, I suspect Disney had other motivations to settle because of negligence in their way of transporting patrons. I am sure Disney settled because they feared some type of loss at trial, even with a conservative Orange County jury. Protect your rights by learning what caused your injuries. Speak with an Orange County attorney familiar with personal injury claims to evaluate your rights.

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Orange County Sheriff personnel have identified the young girl from Lake Forest that was tragically killed over the weekend. The young girl, Jasmine Sanchez was only eight years old when the Chevy Tahoe she was riding in was hit by another car and then crashed uncontrollably into a utility pole.

Witnesses reported seeing a BMW 325 change lanes quickly before clipping the Tahoe. The driver of the BMW is Soroosh Mehdi from Irvine. Police are still looking for a silver Mitsubishi or Volkswagen that may have been racing or speeding with the BMW before the accident.
Jasmine’s aunt and other passengers had injuries and were taken to Mission Hospital but were expected to recover.

Have you been in an auto accident in Huntington Beach, Lake Forest or Orange County through no fault of your own? You need a California personal injury attorney on your side to sort out the facts and assist you through the insurance process. Allen, Flatt, Ballidis and Leslie are experienced personal injury lawyers that will guide you through the process.

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After several deaths and injuries, Yamaha Motor Corp has agreed to voluntarily suspend sales of its Rhino 450, 660 and 700 model off-road recreational vehicles. Consumers should immediately stop using these vehicles until a free repair is made by a Yamaha repair facility.
Yamaha’s repair includes the installation of a spacer on the rear wheels and the removal of a sway bar to help reduce chances of rollover accidents. In addition, the vehicle can also be equipped with passenger handholds and doors that will keep arms and legs inside the vehicle in case of a rollover. Of course as with all off-road vehicles, always wear a helmet and seatbelt to avoid serious personal injury.

Among the many deaths and serious injuries are several persons from Orange County. Last month, a family from Garden Grove was seriously injured and the father died when their off-road vehicle flipped over.

If you have been injured in this type of off-road vehicle, you talk with an Orange County personal injury attorney immediately about this dangerous product. A good lawyer will offer a free consultation and will give you an overview of your options.

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An Irvine man, Gokulaprasad Govindaswamy died recently when he drowned in a nearby community pool. When paramedics were called to the scene at about 4:30, bystanders had already begun performing CPR by the deck. Paramedics could not revive him and he was taken to Kaiser Foundation Hospital in Irvine, but later died.

Orange County Fire Authority stated that there was a party in progress and that someone had found him unconscious at the bottom of the pool. It is not known whether there was any lifeguard on duty but many community pools only have safety personnel during the summer season; which begins on Memorial Day weekend and runs through Labor Day.

Whether it is a community or a backyard pool, when a large group of people are attending along side a pool, it is helpful to hire a local swimming lifeguard trained in CPR. For a few extra dollars, tragedy can be avoided. Just because a person is an adult doesn’t mean that he or she can swim, or is safely able to swim under the conditions. Even if a guest has a medical issue while swimming, the chances of another person noting it quickly are less than if a life guard is hired and present. Unfortunately, a drowning often occurs when there are many people present.

If you or a loved one has been involved in a wrongful death or serious injury, contact an experienced California personal injury attorney immediately.

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The ailing car maker, General Motors, has had severe financial problems recently and now nearly 1.5 million cars are being recalled on fears of engine fires, and potentially serious injuries.

According to the National Highway Traffic Safety Administration or NHSTA, GM automobiles that were built between 1997 to 2003; models Regal, Impala, Lumina, Monte Carlo, Intrigue and Grand Prix are all affected. These cars all have a 3.8 liter, V6 naturally aspirated (non-turbo) engine.

In some cases of hard braking, drops of engine oil can sometimes drop down on the exhaust manifold and start a small fire. If left unchecked, the fire can easily spread into a major engine fire which could cause the occupants of the vehicle serious personal injuries.

If your car is one that has unfortunately been recalled, see your local GM dealer for explanations and repairs. If you have been injured in a car fire caused by a faulty manufactured part, you have a claim for product liability. Contact an attorney that handles product liability cases. Anyone that is hurt becasue of the conduct of another, feel free to consult with a personal injury attorney for free. We can help guide you through the maze of difficulty.

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“Lookie-loo” slowing is always a phenomenon at any car accident scene, but in the case of a recent Los Angeles County Sheriff’s spin-out crash, the onlookers created another crash scene.

On Friday night for some unknown reason, a sheriff vehicle spun out of control and hit the center median while traveling eastbound on the 210 freeway in Southern California.

While passing the accident scene, a big rig truck traveling westbound rear-ended another truck driver traveling in the same direction that had slowed to observe the accident across the road.

The freeway was temporarily closed to tow away the vehicles and transport the sheriff’s deputy who had sustained injuries. The California Highway Patrol is still investigating the cause of the original car crash but the second one will obviously be caused by some sort of distraction while driving. Whose fault is it, the party that rearended the other or the Lookie-loo? An argument can be made that the driver behind should be watching the road and the truck ahead of him, while he may argue that he had no reason to suspect the driver would slow to observe the accident across the road. In either case, the factual and witness evidence will be crucial to identify the real cause. Witness statements are very important in cases such as this and can mean the difference between success and failure in an auto accident case.

Have you been injured in an accident that involved a big rig or truck? Access the expertise of a truck accident lawyer. Allen, Flatt, Ballidis and Leslie are personal injury attorneys helping accident victims’ since 1974.

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An Orange County-based tour bus crashed near Soledad, California, killing 5 and seriously injuring the other 36 tourists onboard. They had just concluded tours of the scenic Carmel and Monterey areas of Northern California and were headed on their way to Southern California’s LAX airport to return home to France. Most all of the injured were French citizens except the American driver.

According to current data with the Federal Motor Carrier Safety Administration, the bus company, Orion Pacific had a good safety record until now. The company operates 12 buses that drive nearly a million miles per year and was rated among the top 10% of motor coach companies. There were significant personal injury to passengers.

Obviously, something went horribly wrong to have this many serious injuries. Investigators are now on scene and it will be some time before we know the actual cause of this horrific accident.

If you or a loved one has been injured in a bus or motor vehicle accident of any kind, call an experienced personal injury attorney immediately. If you were injured, be sure to explore all your rights. If you would like a free pamphlet on how to navigate dangerous waters after an accident, and how to select a California attorney, Contact us and we will mail you a copy free.

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Last week, Allen, Flatt, Ballidis & Leslie settled a hotly contested claim for $140,000. A wonderfully active woman in her 80's was driving in Huntington beach through an intersection, when struck by a patrol car. The officer testified that he was operating under lights and siren to a previous accident and therefore was justified in traveling through the intersection on a red light.
There was also a contention that our client did not have a hearing aid in at the time of the accident, and therefore was negligent and the cause of the accident.

The police report was unfavorable for our client. In our opinion, the investigating officer was biased. To see the truth about ">officer bias, click on the link.

We obtained several names of witnesses to the accident. Those witnesses interviews were key to proving liability. We have long promoted the concept that early investigation is the key to success in this case and all others.

On interview of those witnesses shortly after the accident, they refuted the officer testimony about operating his vehicle under lights and siren. Instead, he had chirped as he entered the intersection. No reason was given why he could not inch into the intersection, or wait for a green light. Because of early investigation, we prevented any witness from ruining our theme as well.

Ultimately, after deposition of all the witnesses and the investigating officers, the City settled with our client. This case demonstrates a real live example of the importance of early investigation by a competent California personal injrury attorney, and the results that come from it.

In the hands of an attorney not familiar with personal injury or less aggressive in locating the witnesses, this nice lady may not have prevailed. In fact, several attorneys turned this case down before she called us. If you need help, call us at 1 888 752-7474 for a free consultation.

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Posted In: Car Accidents , Firm News , Injuries

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Several injuries to children have led to two separate high chair recalls by the Consumer Product Safety Commission (CSPC) in the last month. The first brand is the Fischer- Price, 3-1 high chair that was sold in Target stores from December 2008 to March 2009. This model poses possible traumatic brain injury risk to young children. In one case the child fell backwards when the seatback detached unexpectedly and fractured the child’s skull.

The second brand is the Evenflo Majestic high chair. These chairs were sold to nationwide retailers Babies ‘R’ Us, Toys ‘R’ Us, Walmart.com and Burlington Coat Factory. This chair has had several moderate to serious injuries reported by not only falling incidences but choking hazards as well.

For a full list of model numbers and brands you can visit the CPSC’s website at www.cpsc.gov.

If your child has experienced a high chair/ baby products personal injury or accident from a dangerous product contact an Orange County personal injury attorney immediately to review your case and find out your rights.

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The Orange County Register wrote yesterday that a report released by the CHP identified 7,262 collisions involving big rigs in California last year. It also concluded that 56% of those collisions were caused by passenger car drivers. Therefore the CHP launched a “drivers education” program.

Response to the article was immediate, swift and in my opinion correct. Mail name “nijode”, who drives 100,000 miles a year noted that big rigs drive too closely behind each other, speed, tailgate, and car drivers have to cut in front of big rigs just to get on and off freeways. Mail name “harleyjazz” wrote that there are far more cars on the road than trucks, so it stands to reason that per vehicle, trucks statistically cause far more accidents than cars.

Both responders have great points, and I have a few more. While the cause of these accidents is statistically higher for automobiles, truck drivers are “Professional Drivers”. Their statistical average accident per truck should be much, much less. Trucks also cause devastating injuries. They are a menace if not driven safely. Injuries and wrongful death to passengers and drivers of autos are much more severe than to a truck driver.

So of the 7,262 collisions, 3050 were truck driver error and the damage caused by those 3050 collisions is monsterous. I would prefer that the CHP educate truck drivers and companies about the dangers they pose and keep our highways safe. The “Professional Drivers” should have an accident cause rate of 10% or maybe even 5%. After all, they are getting paid to drive. We are all just trying to get to work and around town. Imagine you are driving on a freeway with NASCAR drivers. Wouldn’t you think that the cause of accidents should be much less for the NASCAR drivers?

Truck drivers and the companies that employ them need to police themselves to be safer on the road. For every accident caused by a truck driver and reported to the CHP, I bet there are several unreported incidents that give a clue to the incompetence of that truck driver. Until then, victims will need to be protected by an attorney to at least get compensation for the tragedy trucks cause.

Suzanne Leslie, a California Truck Accident lawyer with Allen, Flatt, Ballidis & Leslie states “Trucks are necessary on our roads, but that does not mean that they can’t be safe. Year after year, trucks are increasingly causing more accidents.”

Instead of improving safety, the truck drivers, and companies they work for, are causing more accidents. I do not agree that we should be educating the auto drivers, but actually enforcing the truck safety laws and penalizing truck driver conduct to minimize the danger on our roads.

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As some of you know, I am frequently writing about dangerous roads, and Oak Canyon Road in Trabuco Canyon is one of them. But tthe roadway does not seem to be playing a part in this accident.

Just two weeks after the fatal car accident that left two teens dead in Trabuco Canyon’s Oak Canyon Road, another accident left three people with serious personal injuries. Dureti Bishop was the most seriously injured person and she needed to be flown via helicopter to Mission Hospital. She was the passenger in a Yellow Cab mini-van being driven by Bunny Deuk of Long Beach. Deuk was also seriously injured as was the truck driver that was involved in the crash.

Orange County authorities are currently investigating this accident but witnesses said that the Yellow Cab was not speeding but was weaving back and forth on the road. The mini-van eventually clipped the front-left side of the truck and it was pushed into a ditch and caught fire. A local Park Ranger needed to break the windows of the taxi to rescue the driver and passenger.

In cases like this and other serious auto accidents, it is important to have someone who is an expert in personal injury law on your side. Call the experts at Allen, Flatt, Ballidis and Leslie who are experienced Orange County personal injury attorneys.

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Posted In: Car Accidents , Construction Accidents , Injuries , Product Liability , Truck Accidents

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A delivery truck driver, Maximo Hernandez, was driving his pickup truck to deliver newspapers when a drunk driver crossed the road and killed him on March 29, 2009. Normally we note truck driver negligence in this blog, but this accident underscores the danger of drunk drivers, to all motorists.

Strict laws have been placed on the books for some time now, yet the message has not reached the public. Drunk drivers continue to injure and kill others on the road. Statistics from the California CHP calculated that 1/3 of all accidents were caused by drunk driving. In 2006, nationally 13,470 fatalities in alcohol-impaired-driving crashes equates to one alcohol-impaired-driving fatality every 39 minutes. Night time driving has a much higher incidence than during the day. Is there a way to stop this senseless injury and wrongful death on our roads?

Education of those who drink and drive has not been a viable solution. While a great deal of effort has been undertaken, there has been virtually no change in the statistics for the last three years. Despite the classes, MADD campaigns and editorials by all those affected by such conduct, accidents still occur with regularity and frequency.
Checkpoints and crackdowns at a road block have done little to stop accidents. While we may catch some on the road, a greater deterrence is needed. Drunks simply avoid the hot spot areas and drive on. We cannot possibly check every driver, every time he or she gets behind the wheel. Or can we?

Recent advances in medical and car technology allow for breathalyzer installation in all vehicles. BUT WAIT you say! I didn’t do anything wrong, and I don’t want the hassle and expense of such equipment.

Here are some interesting facts to consider. A competent personal injury attorney will demonstrate to a jury or anyone for that matter, that a life can be worth 1 to 2 million dollars. The loss each year because of deaths then means a potential cost to society of over 10 billion dollars per year. The Math you say: (13,470 deaths times $1,000,000).
You don’t think we all pay for this? If the drunk driver had insurance, they pay the damages and we pay the increased premiums. If there is no insurance, or little insurance, many families become a ward of the State. They use Social Security, Medical, Medicare, underinsured motorist coverage welfare assistance programs, meaning you pay for their unfortunate circumstances.

Add this tidbit. Of the accidents that do not cause death, 2,572,482 emergency visits arose because of Motor Vehicle accidents in 2004 according to the Center for Disease Control. It is estimated that 1/3 of those accidents were DUI related. An average hospital emergency room visit is in excess of $1,000.00. That equates to $857 Million dollars in E/R bills per year. You don’t think you pay for that. Next time your health insurance bill comes with a fat increased in premium, remember you are paying for those charges even if the drunk driver insured in the form of premium increases, and you pay even more if that driver is underinsured or has no insurance because his or her license was taken away.

Add the damages for Lost wages, lost support, additional treatment, lost business productivity, and you get the grand estimate by the Center for Disease Control of $ 50 Billion dollars a year because of drunk drivers.

Considering that the cost of devices can now be less than $500 dollars and great strides have been made in more convenient testing methods than breath, testing, the idea of a breathalyzer in every car which stops the drunk from starting the car has come to fruition. Think of the savings in premiums we can enjoy in health insurance, car insurance, taxes and avoidance of loss of life.

The number one objection (other than inconvenience) seems to be that someone else can start the car for the drunk driver and let him or her be on their way. Of course that person is sober and not impaired. Let them weigh whether they want to be responsible for the economic damages, pain and suffering and government debt caused by this person, and whether they want to commit and be prosecuted for a felony. Otherwise they can simply call their friend or relative a cab.

James Ballidis is with the law firm of Allen, Flatt, Ballidis & Leslie and specializes his practice as a Personal Injury Attorney in California.

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Doug and Vicki Perry were happily walking their dogs through their normally quiet Anaheim neighborhood one day when suddenly and brutally they were attacked by a sole pit bull. The couple recalled that the pit bull literally “came out of thin air” and attacked both them and their dogs.

Motorists pulled to the side of the road, neighbors heard the loud screams for help and eventually the pit bull had to be beaten and stabbed to release the tight grip. At one point, Doug Perry ran into a house to grab a knife to help defend against the vicious dog. In the end, both dogs and the couple had been seriously injured in the chaos.

The Anaheim police department is now looking into aggressive behavior complaints by this pit bull dog earlier in the week. If this is correct, then the dog owner could be facing criminal charges. In California, the owner will face civil liability because of our dog bite statutes.

If you own a dog in the state of California you are responsible for its behavior, and if it is a breed that has a propensity for violence, California has a strict liability statute that hold you responsible even if the dog had never attacked another before.

If you have been injured or bitten by a dog and have incurred an injury, don’t hesitate to contact an experienced Anaheim California Dog Bite attorney as soon as practical. We can help maximize your recovery and also make sure that the dog owner is held fully accountable.

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Posted In: Dog Bites , Injuries

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The recent tragic accident of a small plane flying from Catalina Island to John Wayne’s Orange County Airport highlights a series of errors that led to the deaths of three people; a couple and the pilot.

The couple was vacationing at a prominent hotel in Orange County and one day they decide they wanted to visit Catalina, a small island off the OC coast. They arranged for a local agency, SkyBlue USA to fly them to Catalina. The owner and pilot was identified as Mark Hogland. Mark Hogland may have only had a private pilot’s license, not a commercial one that is required to fly people for hire.

Catalina Island has had several plane accidents in the past 5 years and 10 deaths. It is a difficult airport to take-off and land on because it has no air traffic controllers and it has a short runway with steep cliffs on both sides. Additionally, the plane took off in poor weather and near sunset which would have made the take-off even more treacherous.

California Personal injury attorneys for the couples' family are questioning the accident cause, and how an air tour business could be in business without proper licensing. Three people lost their lives unnecessarily that day. Can such tragedy be prevented? Later reports will be updated when they are received.

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Nordstrom retail stores all across Orange County and nationwide are recalling various girls’ shoes due to excessive lead paint according to the U.S. Consumer Product Safety Commission.

All the shoes were manufactured in China and violate the federal lead paint standard for shoes. The shoes were sold in stores from September 2006 through February 2009 for between $35 and $45.

The recall includes six styles of Nordstrom-brand shoes for girls. “Clarice-Fab” flats are bone colored with a bow. “Eva-Fab” are bone colored T-strap sandals. “Fern-Fab” are ankle strap sandals sold in bone, pink, white, blue polka-dot or pink polka-dot. “Lilly-Fab” are fuchsia gingham ballerina flats with a bow. “Rita-Fab” are ankle strap dress shoes sold in ivory linen, pink linen, white linen, cafe satin, silver satin or white satin. “Vivi-Fab” are open-toe dress shoes in bone, white, green polka-dot, lavender polka-dot or yellow polka-dot. The shoes were sold in girls’ sizes 10 through big-kids 7. All shoes have an embossed “NORDSTROM” printed on the insole. Only the colors identified above are subject to the recall.

Although no injuries have yet been reported, lead poisoning in children is very subtle and can be masked by behavior disorders, learning disabilities, hyperactivity and attention deficit disorder.

If you have any of these recalled shoes, take them back to your nearest store for a full refund. If you think your child has sustained any personal injury from these shoes, contact an experienced personal injury attorney immediately.

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Attorneys for the family of Oscar Grant have filed a multi-million dollar wrongful death lawsuit against the Bay Area Rapid Transit agency (BART), former officer Johannes Mehserle, former BART police chief and other officers for their client’s shooting death on New Year’s Day.
This California shooting became an Internet sensation since the incident was captured on several cell phone cameras. The video eventually made it to the news media and subsequently the community was outraged at this incident.

Grant and his friends were first pulled off the train because of reports of fighting among youth on one of the trains. Although the transit officers did not see this behavior, it is alleged that Grant’s civil rights were violated and that the shooting was unnecessary and intentional.
Attorneys for the officer Mr. Mehserle say that the officer intended to Taser the young man instead of shooting him and that the whole incident was accidental. He has pleaded not guilty and will be in court this month.

If you have been seriously injured in a bus, train, subway or any public transit accident, don’t hesitate to speak with an experienced personal injury attorney immediately. Know your rights and have the best lawyers on your side.

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Two people were killed and two were seriously injured when a huge blast rocked a business in Rancho Santa Margarita last week in Orange County. The explosion shook the industrial area of this otherwise quiet city overnight. Luckily for those injured, the fire department was directly across the street and they sprang into action immediately to treat the seriously injured workers.

Although the blast is still under investigation, department officials believe that a huge water heater exploded in the rear of the building. The blast was so strong it damaged the outer façade of the building and pushed equipment into the walls of the structure. When the fire fighters ran into the structure, they found two dead night shift workers. Two other workers with serious injuries were transported to Mission Hospital in Mission Viejo and the remaining two workers refused treatment.

The Orange County Fire Authority‘s Hazmat team will be investigating this blast until all questions are answered. Was there a defect in this water heater? Was it installed improperly? If you’re been seriously injured by a defective product, remember to contact an experienced California personal injury attorney early so we can do our own independent investigation with the best experts available.

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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!

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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.

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Posted In: Bicycle accidents , Car Accidents , Injuries , Product Liability

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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.

Posted by Allen, Flatt, Ballidis & Leslie | Permalink | Email This Post

Posted In: Injuries

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