San Diego Injury Law Blog

The nationwide outbreak of Salmonella infection continues to impact Southern California. On Wednesday, Orange County health officials confirmed that a 4-year-old child has been sickened by contaminated peanut butter products, the seventh known victim in the county. It was also revealed that tainted peanut butter cookies, cookie dough, and other fundraising products were distributed to several schools, including Kennedy High School Band in La Palma, Reilly and Montevideo elementary schools in Mission Viejo, and Mothers of Preschoolers in Laguna Hills. The products were produced by Dough-To-Go Inc. of Santa Clara.

Parents and school officials are encouraged to find out if any Dough-To-Go, Inc. products were distributed in the district, and to discard any such products.

Currently more than 500 people in 43 states, including over 60 in California, have become ill after consuming peanut related products, including eight deaths. The tainted product has been traced to a manufacturing plant in Georgia, which is now the target of a lawsuit. A claim for punitive damages has been added to a lawsuit in Vermont where a 7-year-old boy was hospitalized with peanut-related Salmonella.

Walton Law Firm LLP represents individuals and families who have been impacted by car accidents, defective products, spinal and brain injuries, construction accidents, food-born illness, dog bites, and other cases involving negligence.

The attorneys at Walton Law Firm LLP are currently evaluating cases of salmonella attributed to peanut butter products originating from a plant in Blakely, Georgia. A national outbreak of salmonella has sickened hundreds across the country, including 62 documented cases in California.

A lawsuit has already been filed in Minnesota involving the death of a 72-year-old woman, and more lawsuits are expected to be filed in the coming weeks. The source of the salmonella infections was determined to be King Nut brand butter, from Peanut Corporation of America. The peanut butter was primarily sold in bulk to institutional and commercial consumers, such as hospitals and schools.

It is just now being revealed that Georgia plant has a history of sanitation-related problems that it failed to address.

An FDA investigation has determined that Peanut Corporation of America has distributed potential contaminated peanut butter paste to more than 70 customers for use in hundreds of products. A complete list of the products, which includes a variety of crackers, candy, ice cream, and cookies, can be found on the FDA website, or by clicking here.

If you have been diagnosed with Salmonella that you believe is caused by the consumption of peanut-related food products please contact Randy Walton or Scott Barber at (866) 607-1325 for a free evaluation of your case. If you would prefer, the firm can be contacted through a confidential online questionnaire.

UPDATE (2/11/09): It is being reported today that the owner of a peanut company at the center of the Salmonella storm urged his workers to ship tainted products after receiving test results that positively identified salmonella. The owner allegedly told his employees:

"…turn the raw peanuts on our floor into money."

Unbelievable!

Yesterday, a well-known Kentucky high school football coach was charged with reckless homicide in the heat-related death of one of his players. The player, 15-year-old Max Gilpin, collapsed during an August practice, and died three days later. According to the allegations, Gilpin's body temperature reached 107 degrees and witnesses said that coach Jason Stinson denied the boy water.

Interestingly, the day after Stinson was charged with a crime, the 11th Circuit Court of Appeals decided Davis v. Carter, a case eerily similar to Stinson's. In Davis, the parents of a high school football player brought suit against three coaches for violation of the player's constitutional rights, as well as causes of action in tort (presumably wrongful death). The player died after the coaches allegedly ignored signs of dehydration, and for denying the player water during a practice.

The coaches contended that they were entitled to qualified immunity, and that their conduct did not rise to the level of a violation of constitutional rights. Ultimately, court agreed.

In it's ruling, the 11th Circuit held:

In this school setting case, the complaint’s allegations of deliberate indifference, without more, do not rise to the conscience-shocking level required for a constitutional violation. While the circumstances of this case are truly unfortunate, Plaintiffs’ claims are properly confined to the realm of torts.

This case may bode well for Stinson in his Kentucky case. While not directly on point, the Davis case states that since the student voluntarily participated in the activity, the coach didn't engage in corporal punishment or physically contact the student, the conduct does not rise to the level of a willful or malicious intent to cause harm that would be need for a constitutional violation.

While the ruling relieved the coaches of constitutional claims, it did not relieve them of tort claims, such as negligence and wrongful death. In California, it has long been held that coaches and schools can be held liable for injuries to students if the coaches or schools created conditions likely to cause harm.

On Saturday, a Cessna 172 crashed into a utililty pole east of Oceanside Municipal Airport seriously injuring both the pilot and his passenger. According to reports, the plane was registered to California Flight Academy of El Cajon, but whether the plane was being used for training purposes at the time of the accident is unclear.

Oceanside policy have identified the pilot of the plane as Amandeep Singh, 24 and the passenger Harshdeep Multani, 18, both of whom were seriously injured. Singh remained in ICU as of Monday, and Multani was reported to be in good condition, but suffering from "several severed fingers."

The plane was on its way from Gillespie Field to Torrance Muncipal Airport.

Despite a website that states "no student ever injured," California Flight Academy apparently had a pair of accidents in 2008. Last june a plane caught fire after a hard landing by a student pilot, and in April a forced landing damaged the left wing during a training excercise. Neither accident caused injury.

On December 19th, we wrote an article about a poorly decided California Supreme Court decision, Van Horn v. Watson, S152360, which held that California's Good Samaritan statute, Health & Safety Code § 1799.102, only provided immunity for persons providing emergency medical care at the scene of an accident or other emergency. The Court held that those who render emergency assistance, such as pulling a person from a burning car, are not immune from liability. We feel this was a poor decision by the Supreme Court and agree with the dissenting minority’s position that immunity should be provided to those who render emergency assistance as well.

At least three legislators, from both parties, agree and have introduced proposed legislation which would expand the Good Samaritan statute to provide immunity for those who render emergency assistance, even if the assistance is not medical in nature.

"As a [former] CHP commander, I rolled up on the scene of many accidents and very often people were there rendering help," said state Sen. John Benoit, R-Palm Desert, who has authored a bill challenging the Van Horn ruling. "We wouldn't want that type of thing to stop." Sen. Benoit is seeking to combine his proposed bill with one proposed by Assemblyman Mike Feuer, D-Los Angeles, the chairman of the Judiciary Committee and a former legal aid attorney. Another bill has been proposed by Assemblyman Anthony Adams, R-Hesperia.

Facts: An Escondido motorcyclist suffered serious injuries during the evening of January 13th, when the Suzuki motorcycle he was riding struck the front hood of a Toyota Camry. According to reports, the Camry backed out of a driveway on West 15th Ave. in Escondido and into the path of the rider, causing him serious injuries, including a broken neck and leg injuries. The accident is still under investigation, and anyone with information is asked to call Officer Scott Christenson at 760-839-4962.

Liability Analysis: On its face, this case seems fairly straightforward. The driver of the Camry has a duty to make sure the roadway is clear before exiting the driveway. If he failed to do so, as it appears, he would be liable to the injured rider for the full extent of his damages. If, on the other hand, the motorcyclist was traveling at a high rate of speed, or did not have its lights on, it is possible that liability could fall to the rider, or that it could be shared. A reconstruction of the accident would have to be performed to determine liability.

The Escondido car accident lawyers at Walton Law Firm LLP represents individuals and families who have been impacted by car accidents, defective products, spinal and brain injuries, construction accidents, dog bites, and other cases involving negligence.

The potential source of the salmonella outbreak that has sickened individuals in at least 42 states has been identified as King Nut peanut butter. Health officials in Minnesota said salmonella bacteria were found in a tub of peanut butter that was distributed to schools and hospitals.

King Nut, based in Ohio, has issued a voluntary recall of all brands of peanut butter distributed under its label, which is not sold directly to consumers but primarily to food service accounts. To date, 399 Americans have been sickened by a strain of bacteria known as Salmonella Typhimurium, which is often found in uncooked eggs and meat.

Symptoms caused by salmonella are usually diarrhea, abdominal pain, and a fever, beginning 12 to 72 hours after contact with the bacterial. Severe cases can arise in people with weakened immune symptoms, as well as children and the elderly. That's what's particularly concerning about this outbreak; that the source may be associated with a peanut butter that was distributed to hospitals and schools.

Individuals who suspect a salmonella case may be attributed to peanut butter or other food product, call the attorneys at Walton Law Firm LLP for a free consultation about whether there may be any legal remedies available.

UPDATE (1/15): Kellogg has instructed stores to stop selling its Keebler and Austin brand crackers after health officials reported two more deaths in the salmonella outbreak linked to peanut butter. Kellogg has said it is removing the crackers as a precautionary measure when it learned that one if its suppliers Peanut Corp. of America was recalling all of its peanut butter made at a Georgia plant. It is being reported that the outbreak has now sickened at least 430 people nationwide in 43 states, with at least 55 reported cases in California.

UPDATE II (1/27): The NY Times is reporting that the Georgia plant suspected as the source of the national Salmonella outbreak had a history of sanitation lapses and other cleanliness violations. The plant is owned by the Peanut Corporation of America has been shut down. To read more click here.

Attorneys Randy Walton and Scott Barber represent individuals who have been impacted by accidents, defective products, food poisoning, spinal and brain injuries, construction accidents, dog bites, and other cases involving negligence.

There have been a lot of fatal car accidents in San Diego County recently. In fact, over the holidays there were more auto accident-related deaths than in years past. Many of the accidents were caused by alcohol use, but the accidents that jump off the news pages are those that occur for "unknown reasons."

For example, about a week ago in Fallbrook a 42-year-old woman named Stormi Lou Arreola was killed, and her child passengers injured, when she crossed the center divider on northbound Mission Road and struck a elderly man driving a Mazda sedan. The accident occurred midday, and, according to news reports was not alcohol related.

Yesterday, a bicyclist – riding in the bike lane – was struck and killed in Sabre Springs on Sabre Springs Parkway when a man driving a BMW veered into the bike lane and hit the cyclist. The victim was identified as 55-year-old Walter Carl Joller, whose was severed in the crash. He died at the scene. Police said they don't believe alcohol played a role in the accident, which occurred around 7 p.m.

There are, of course, many reasons why car accidents occur, but when the cars veer or drift out of their lane, and alcohol or drugs are not involved, it's impossible not to think that cell phone use was a contributing factor. This is quickly becoming the primary culprit in the train accident in Los Angeles, and is no doubt the cause of many car accidents. Personal injury lawyers who represent the victims of these accidents can subpoena the phone records of negligent drivers to prove that at, or around, the time of the accident the driver was using the phone instead of watching the road.

UPDATE: This morning the North County Times had a thorough article about Mr. Joller, who was a retired Navy captain, and who regularly commuted by bicycle to his job at Space and Naval Warfare Systems Command in Point Loma. He wore reflective gear and a helmet when he rode, and was known to be an experienced cyclist. The police are now stating that the negligent driver who struck Mr. Joller was simply "inattentive" at the time of the accident, and that he may face vehicular manslaughter charges. The family said donations may be made to the Navy-Marine Corps Relief Society in lieu of flowers.

The San Diego personal injury lawyers at Walton Law Firm LLP represent individuals and families who have been impacted by auto, motorcycle, and bicycle accidents, including claims for wrongful death.

California Highway Patrol is reporting that Yine Erandy Gonzales Angeles, age 24, was killed early Sunday morning when the Ford Explorer she was traveling in rolled over on Interstate 5 near Solana Beach. Ms. Angeles was six months pregnant at the time. The baby did not survive.

According to news reports, Ms. Angeles was riding with her husband, 5-year-old daughter, and two relatives when the car was clipped by a speeding Nissan Altima that was trying to change lanes. The contact between the cars caused the Explorer to flip several times, partially ejecting Ms. Angeles, who was wearing a seatbelt. The other passengers suffered relatively minor injuries.

Witnesses stopped to assist the passengers out of both cars, but after helping the driver of the Altima get out of his vehicle he ran from the scene. The driver, John Francis Sudac Jr. of Carlsbad, later turned himself in and was booked into the Vista jail on suspicion of gross vehicular manslaughter.

Adding insult to an already tragic accident, witnesses also said that in the slowing traffic after the accident, a woman in a dark colored Subaru wagon jumped out of her car and stole Ms. Angeles' purse, which had been thrown across the freeway, before driving away. Any witnesses to this accident or the theft are encouraged to call police at (858) 673-3800.