San Diego Injury Law Blog

Cal-OSHA is investigating what caused a wooden pedestrian walkway to collapse in downtown San Diego yesterday. The accident occurred during the lunch hour next to an apartment building under construction at 15th Street and Imperial Avenue, and injured 16 people.

According to witnesses, the walkway first began to sway, then gave way, sending people and debris falling to the ground where pedestrians scrambled. According to one witness, "the whole darn walkway fell down."

The caused of the accident is currently under investigation. What is known is that the developer for the project is San Diego-based Affirmed Housing Group, and the general contractor for the site is Allgire General Contractors of Carlsbad. It is being reported that state records show that Allgire has had at least two accidents in the past four years. One incident resulted in a $16,000 citation for a serious violation of state safety law.

There are reports that 16 people suffered personal injuries in the accident, including three with injuries that were described as serious. The most severe injuries being reported are a broken leg and a broken back. All of the victims are expected to survive.

UPDATE I: The Union Tribune is reporting this morning that two people remain in critical condition after the walkway accident yesterday. Some of the injured were homeless people who live at the St. Vincent de Paul Village across the street from the construction site. Also, Cal-OSHA is stating that it could take several months for the cause to be determined.

UPDATE II [9/3]: It is being reported today that three seriously injured individuals from the August 28 walkway collapse are still hospitalized. The most serious appears to be one victim who suffered a "broken back." According the San Diego Union Tribune, the victims ages ranged from 16 to 64. The incident is still being investigated, and we will be keeping on top of this story.

UPDATE III [9/8]: Raw video footage of the accident has been release and can be found on the local NBC website (click here). It is being reported that OSHA may take up to six months to complete its investigation.

Walton Barber LLP represent is a consumer law firm that represents the victims of personal injury, wrongful death, and elder abuse and neglect. Cases are taken throughout San Diego County, and consultations are always free.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Construction Accidents , Pedestrian Accidents , Personal Injury , San Diego Personal Injury

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The Court of Appeal, First District, has held that a property owner who allows a construction worker to bring a dog, a pit bull in this case, onto his property can be held liable if the dog bites another worker. Salinas v Martin (August 28, 2008) First District, Division One, Case No. A119733.

Paolo Martin owns a residential property which was undergoing extensive renovation. Stephen Salinas was a sub-contractor on the project. Mr. Martin had given the contractors and sub-contractors complete access to the premises during the renovation process. At the same time, Mr. Martin had hired gardeners to maintain the landscaping. The gardeners had two dogs, a pit bull and a pit bull mix which Mr. Martin knew about and had given them permission to have with them on the premises and to run free in the fenced-in back yard. On a weekend, Mr. Salinas went to the job site to retrieve some scaffolding when he was attacked and bitten by the pit bull.

The trial court granted summary judgment to Mr. Martin, holding him to the same standard as a residential landlord who must have actual knowledge of a dog’s dangerous propensity before he or she can be held liable. The Court of Appeal reversed, holding that Mr. Martin, although not living on the property during the renovations, had not surrendered possession and was frequently at the home. As such, the Court of Appeal held him to the usual standard for a homeowner who allows a dog on their property, i.e. whether there was a reasonable foreseeability of harm. In this case, the Court of Appeal held that it was foreseeable that the pit bull would attack another worker and thus Mr. Martin could be held liable.

Walton Barber LLP represents persons who have been bitten or attacked by dogs. Please see our website if you have any questions or would like a confidential and free consultation.

Posted by D. Scott Barber | Permalink | Email This Post

Posted In: Dog Bites

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A new decision by the California 3rd District Court of Appeal has held that an unknowing owner of an uninsured vehicle may recover non-economic (pain and suffering) damages following an auto accident with a school bus.

Puaolele Ieremia was a passenger in a Dodge Durango which was being driven by her husband when they were hit by a Hilmar Unified School District bus. A jury awarded Mrs. Ieremia $128,145 in economic damages and $1.9 million in non-economic (pain and suffering) damages. The school district appealed, arguing that Proposition 213 and California Civil Code section 3333.4(a)(2) prohibited her from recovering non-economic damages as the Durango was uninsured at the time of the accident.

Section 3333.4(a)(2) states that the owner of an uninsured vehicle which is involved in an accident cannot recovery non-economic (pain and suffering) damages.

After the accident, Mrs. Ieremia learned that her husband had purchased the vehicle from his boss with part of his earnings. Although the boss had signed over the title to Mr. Ieremia, he had not yet registered the vehicle as he did not have insurance, nor had he told his wife he had purchased the Durango. The School District argued that since Mr. Ieremia had purchased the vehicle with community property funds, under California law Mrs. Ieremia was also an owner of the vehicle.

The Court of Appeal upheld the trial court’s finding that Mrs. Ieremia was not an owner of the vehicle, relying upon Savnik v. Hall(1999) 74 Cal.App.4th 733. In Savnik the court held that merely being on the title to a vehicle is not enough, finding that an owner “is one who exercises the incidents of ownership--dominion, control, right, interest, and title.” Savnik at 740. The court found that holding a non-knowing owner responsible was inconsistent with the purpose of Prop. 213 which was to limit recovery of non-economic damages for those drivers who knowingly choose to break the law.

The court found that Mrs. Ieremia had no idea her husband had purchased the vehicle and had not exercised any dominion, control, right, interest, or title in the Durange and therefore was not knowingly trying to break the law by operating an uninsured vehicle.

Posted by D. Scott Barber | Permalink | Email This Post

Posted In: Auto Accidents

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Motorcycle accidents involving Marines have been on the rise and the Marine Corps wants to do something about it. This Thursday, Camp Pendleton officials will hold "Motorcycle Fest," an event that will have mandatory safety presentations, a stunt rider, and a poker run game. Breakfast and a barbeque lunch will be served.

Since October 1, 2007, 24 Marines have been killed in motorcycle accidents, up from the prior year, which recorded a record 19 deaths. The order for the safety event came from Gen. James Amos, who stated in his order to the base, “We can and will improve our ability to prevent future unnecessary losses of sailors and Marines." Gen. Amos also stated that the Marine Corps is working to make more motorcycle safety courses available.

The personal injury law firm of Walton Barber LLP represents clients throughout San Diego County. Contingency fee arrangements available and consultations are always free.

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Posted In: Motorcycle Accidents , Personal Injury

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San Marcos has one of the most dangerous intersections in North County at San Marcos Blvd. and Rancho Santa Fe Road. But just about a half-mile west is another dangerous intersection at San Marcos Blvd. and Acacia Rd., which sits at the bottom of both an eastbound and westbound dip, causing drivers to approach the intersection at a high rate of speed.

A few years ago there was a lawsuit arising from an auto accident at that intersection, and yesterday a 19-year-old Encinitas man was killed while riding as a passenger in a 2004 Jeep Loredo that, according to reports, was speeding on San Marcos Blvd. The Jeep was traveling eastbound, and ran a red light at Acacia. The Jeep seriously injured the driver of car trying to turn left onto westbound San Marcos Blvd. Hopefully, the injured (and apparently innocent) driver of that car makes a full recovery.

More on the accident can be found here.

UPDATE [8/30/08]: It is being reported in the North County Times this morning that the driver that ran the red light has been arrested for manslaughter and drunk driving. The woman who was hit in the intersection reportedly suffered only minor injuries.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Auto Accidents , San Diego Car Accident , San Diego Personal Injury

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For victims of car accidents, motorcycle accidents, medical malpractice, broken contracts, etc., a study to be released in the September issue of the Journal of Empirical Legal Studies says that it's better to settle than to go to trial.

Co-author of the study, Randall L. Kiser says: "The lesson for plaintiffs is, in the vast majority of cases, they are perceiving the defendant's offer to be half a loaf when in fact it is an entire loaf or more." The study, based upon a review of 2,054 cases that went to trial between 2002 and 2005, claims that plaintiffs were wrong to go to trial in 61 percent of cases, while defendants were wrong to go to trial in just 24 percent of the studies. The study found that most of the plaintiffs who passed up a settlement offer and elected to go to trial ended up receiving less money than if they had accepted the offer. On average, getting it wrong cost plaintiffs $43,000. Interestingly, the stud noted that while defendants get it wrong less often, when they do it is much more costly: an average of $1.1 million.

The study is discussed in the business section of the August 8, 2008 New York Times.

Posted by D. Scott Barber | Permalink | Email This Post

Posted In: Personal Injury

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Real estate agents who defrauded a single mom trying to rent a home in a good school district thought they had it all figured out. They wouldn't tell the woman the house they would rent her was in foreclosure; they would make her thing she is getting a good deal, offer her a detailed lease, get first month's rent and a deposit, and then bail with the money – leaving her and her son in a real estate mess. The problem is they picked the wrong mom.

Linda Smith thought she had found the perfect house for rent on Craigslist. It was in a good Carlsbad neighborhood on Adams Street, there was a good school for her son, and the price was excellent. Because the competition for the house seemed fierce, she was aggressive in pursuing the deal, withdrawing most of her savings to apply to first month's rent and a security deposit. When she was selected, the listing agents went over the lease with her in detail then gave her three sets of keys. She was ecstatic.

There was a problem though: the house was in foreclosure. When she learned this she was devastated and immediately called the police to file a report. But police were not optimistic she would see her money again. No doubt very angry, Ms. Smith when back on Craigslist and found a similar looking ad to the one she responded, but for a different house. She posted a warning listing on Craigslist, and was contacted by another prospective renter/victim, who was going to meet the same agents at a different house. Ms. Smith called the police, who showed up at the meeting instead. Sure enough, it was the same real estate agents who defrauded Ms. Smith. Police arrested both of the men, who are now being prosecuted, and face up to eight years in prison.

We applaud Ms. Smith for being proactive and essentially solving her own crime. No doubt her efforts prevented other unsuspecting renters from being victimized in this difficult real estate market.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Real Estate

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Four area hospitals have received $25,000 fines for serious mistakes that state investigators allege have caused serious injury and death. The mistakes include. (1) the use of a malfunctioning anesthesia machine at Pomerado Hospital, causing patients to be partially awake during surgery, (2) allowing a patient to fall off an operating room table during surgery at Scripps Green Hospital, (3) permitting an individual with a revoked nursing license to treat patients at Promise Hospital’s skilled nursing facility, and (4) the failure to turn on a ventilator at Sharp Grossmont, which caused a patient to die.

In the matter of the malfunctioning anesthesia machine, an injured patient told the San Diego Union Tribune that she “felt cutting, smelled burning, felt intense pulling down and towards (my) right side...I could feel the tears coming down my cheek . . . why didn't they see my tears? I tried to talk . . . the pain was horrendous.”

Of course, most people don't realize that few of the victims will receive justice for the medical negligence that caused their suffering. California's MICRA law restricts the recovery of non-economic damages (e.g. pain, suffering, disabling, embarrassment, etc.) to $250,000.00. Under no circumstances can any victim who is injured, maimed, or killed by a health care provider in California receive more.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Medical Malpractice , Professional Negligence

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If you have a personal injury matter, whether it's an auto accident, motorcycle accident, dog bite or wrongful death, do NOT wait to contact an attorney. A woman recently contacted Walton Barber LLP about a bad car accident she had been involved in back in 2006. For a variety of reasons (long treatment of her injuries, changing jobs, etc.) she did not contact us until after the statute of limitations had expired. In California, most personal injury lawsuits must be filed within two-years of the date of the accident. As she had failed to resolve her claim or file a lawsuit within the two-year period, the woman was, unfortunately, out of luck.

The moral: If you're involved in a personal injury matter, contact a lawyer sooner rather than later. Even if it turns out you don't need a lawyer, you'll at least get an idea what hurdles you face and know when you'll need to resolve your claim or file a lawsuit.

Posted by D. Scott Barber | Permalink | Email This Post

Posted In: Personal Injury

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The hit-and-driver that nearly killed Leslie Nunez has never been held accountable for the devastating injuries she wrought upon Leslie and her friend last year in Pacific Beach. Exactly one year ago, Leslie and her friends were walking to a restaurant in PB when they crossed Grand Avenue near Cass Street and were hit by a Nissan Maxima. Leslie suffered severe personal injuries, including head injuries and broken bones requiring surgery. The driver just took off.

Now Leslie needs your help to find the bad guy, and is offering her own money to boost the San Diego Crimestoppers reward up to $2500 for information that leads to the identification of the negligent driver. The accident occurred on August 10, 2007 at 9:40 p.m. in Pacific Beach. Witnesses say there were two women in the car, which may have been customized with specialty rims and tinted windows. Leslie still has over $200,000 in medical bills. Anyone with helpful information about this hit-and-run crash should call (888) 580-TIPS or go to the Crimestoppers website.

Walton Barber LLP is a personal injury law firm that represents clients throughout San Diego County. Contingency fee arrangements available, and consultations are always free.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Auto Accidents , Pedestrian Accidents , Personal Injury , San Diego Personal Injury

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Sharp Grossmont Hospital is under investigation after an anonymous tipster told officials that the recent death of a patient was not due to natural causes but because of medical malpractice. Harvey Houtkin, a successful author, died on July 25th after what was considered uneventful surgery on his tonsils. The cause of death was listed as natural until a physician anonymously told investigators that Mr. Houtkin died after his breathing tube became dislodged, blocked his airway, and no one noticed. The San Diego Union Tribune reported that:

No staff member had noticed quickly enough that Houtkin had turned blue, the doctor said, and efforts to save him came too late. What ensued was a very messy scene where the anesthesiologists could not reintubate the patient and the surgeon could not establish an opening in the windpipe, the physician said.

The hospital, of course, is denying this.

But recent events at this hospital make is sound more like some third-world health facility, not a state-of-the-art hospital in the orbit of America's Finest City. During two state inspections last spring investigators found numerous deficiencies, including poorly trained nurses, improper use of restraints, an old operating room mattress (held together with tape and glue), and other problems. They also discovered three deaths that they deemed were preventable.

Sharp Grossmont Hospital is now at risk of losing federal funding.

Posted by Walton Barber | Permalink | Email This Post

Posted In: Medical Malpractice , Professional Negligence

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