« January 2009 | | March 2009 »
Posted On: February 28, 2009

San Diego Wrongful Death Verdict to be Reviewed by Supreme Court

In 2006, a San Diego jury gave the widow and children of Scott Keener $4.9 million after he was struck on his motorcycle by a truck driver. When the judge polled the jurors for their votes, he forgot to get the answers from one juror on two of the 13 questions. While the juror found that the truck driver was negligent, the judge forgot ask him if he agreed with the other jurors on the apportionment of damages, which they found to be 80% on the defendant, and 20% on the plaintiff.

That mistake led to an appeal and a reversal of the verdict by the Fourth District Court of Appeals, which concluded that:

...the trial court erred in accepting the juror declarations to inquire into and resolve the results of the jury's decision making process, and also when it made a credibility determination that Santana could not effectively have voted other than 80/20 at any relevant time.
The Keeners have appealed to the California Supreme Court, and arguments will be held on Tuesday.

The entire 4th DCA opinion can be read here (.pdf).

Posted by Walton Law Firm | | Email This Post

Posted In: San Diego Car Accident , Trucking Accidents , Wrongful Death

Bookmark and Share

Posted On: February 23, 2009

Psoriasis Drug Raptiva Linked to Three Deaths

Last week, the FDA issued a warning that it is investigating the link between the psoriasis drug Raptiva and a rare brain infection called progressive multifocal leukoencephalopathy. The people are known to have died from the disease, and a fourth is suspected.

Raptiva (efalizumab) was approved by the FDA for the treatment of psoriasis, a chronic skin condition causing skin pain, itching and bleeding. The known victims had been taking the drug for more than three years.

When the drug was approved, the FDA required a series of warnings, including opportunistic infections, including sepsis and viral meningitis. While not listed, progressive multifocal leukoencephalopathy is considered an opportunistic infection most frequently associated with compromised immune systems as a result of cancer treatments or AIDS.

The FDA warning can be found here.

Posted by Walton Law Firm | | Email This Post

Posted In: Defective Products

Bookmark and Share

Posted On: February 19, 2009

Car Accident Insurance Claims – What a Drag.

After a car accident, it's not uncommon for the victims to call our office months later with complaints about their insurance claim. Usually the complaint is that the insurance adjuster is a jerk, won’t return calls, won’t make an offer, or simply is denying liability altogether. Clients then call us to ask if this is normal.

I don’t know if it’s “normal,” but it sure is prevalent. One would think that the insurance companies would do whatever it takes to prevent a person from contacting a lawyer after a personal injury claim, but every year our office takes over the cases of many people who simply want to avoid any further dealings with the insurance company.

Is there any way to make the process easier? Not really. But after a car accident, there are certain obligations under California law that insurance companies must follow:

• If it's your own insurance policy (such as an uninsured motorist claim), tell you of all benefits and coverages available to you.

• Open a claim file immediately and contact you within 15 days to appraise you of the status of the claim.

• Respond to phone calls or letter received by you within 15 days of receipt.

• Accept or deny the claim within 40 days after receiving documentation that the claim made is legitimate and supported by evidence.

• Offer a fair settlement, and pay it within 30 days.

The California Department of Insurance has an excellent manual that covers most issues that arise in an auto insurance claim (click here). Or, of course, you can call our office to answer any questions you might have. If, after an accident, the injuries are serious, then I believe it is important to get an attorney involved. The personal injury lawyers at Walton Law Firm LLP provide free consultations on all auto accident case.

Posted by Walton Law Firm | | Email This Post

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

Bookmark and Share

Posted On: February 16, 2009

More Serious Drunk Driving Accidents Caused by Female Drivers

Driving under the influence of alcohol is typically a man's domain. But a recent study has revealed that over the last decade, injurious or fatal drunk driving accidents involving female drivers has risen sharply in California, and dramatically in San Diego County, where serious injury-causing accidents among females between ages 21 and 24 has increased 124%.

"I was pretty surprised at the magnitude of the increase," said Stephen Bloch, a researcher with the auto club, whose study is based on 10 years of CHP data. He stressed that men still represent the large majority of alcohol-related crashes.

Click here to read the entire article.

The lawyers at Walton Law Firm LLP represent individuals and families who have injured in accidents, including car accidents, motorcycle accidents, bicycle accidents, construction accident, and all other personal injury matters. Consultations are free and confidential.

Posted by Walton Law Firm | | Email This Post

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

Bookmark and Share

Posted On: February 11, 2009

Car Accident Reports Available Online in Several Cities

SOUTHERN CALIFORNIA - The City of Murrieta recently joined a growing number of cities by making automobile accident reports available online. Ten days after a car crash responded to by the Murrieta Police Department, any individual involved in the accident, and with a valid report number, can download the police report online for a $15 fee.

The Murrieta department is one of many cities using policereports.us. Other Southern California cities that currently used the online service are Anaheim, Buena Park, Fullerton, Indio, National City and Tustin.

Posted by Walton Law Firm | | Email This Post

Posted In: Auto Accidents , Motorcycle Accidents , Personal Injury

Bookmark and Share

Posted On: February 9, 2009

Rash of Pedestrian vs. Auto Accidents Throughout San Diego County

In the last few days there has been a rash of car accidents involving pedestrians. The most serious occurred in Chula Vista where 45-year-old Peter Dicesare of Los Angeles drove his Jeep Wrangler into 75-year-old Ronald Seiler near the 3100 block of Main Street. Seiler was crossing Third Avenue when he was hit. He was taken to UC San Diego Medical Center where he died shortly after arriving. Alcohol is believed to have been a factor in the accident.

In Mira Mesa, a driver ran into a 51-year-old man on a bicycle. The victim was in a marked bike lane on Calle Cristobol when a 19-year-old driver hit the rear of the bike. The bicyclist was hospitalized with serious head and back injuries but is expected to recover. Alcohol is believed to have played a role in this accident as well.

In Pacific Beach, a woman suffered serious and life-threatening injuries when she was hit by a drunk driver as she tried to cross Mission Boulevard near Reed Avenue. The driver, Alan Mabrey, struck the pedestrian while he was turning left.

And in San Marcos, a 19-month-old boy was killed when he wandered from his home near Smilax Road. The driver, who was believed to be driving a black mid-size older model car with tinted windows, fled the scene. Anyone with information about this accident is encouraged to call the Sheriff's Department at 858-565-5200.

Posted by Walton Law Firm | | Email This Post

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

Bookmark and Share

Posted On: February 4, 2009

Defective Products: Young Girl Dies in Washing Machine Accident

Mission Viejo, CA - Orange County authorities are investigating the death of 4-year-old Kayley Ishii who died in her home after climbing into a front-loading washing machine that was turned on by her 1-year-old brother. According to news reports, the little girl was inside the water-filled machine for approximately two minutes before she was found by her mother. She was transported to Mission Hospital Regional Medical Center where she later died.

This terrible tragedy is quickly gaining worldwide attention. Not simply because it is a monumental tragedy, but because of the circumstances. How could her 15-month-old brother have turned on the machine? There are conflicting reports, but the on/off button was apparently only 15-20 inches above ground. If it is true that the switch for turning the machine on is at a place where a toddler could reach it does that make the washing machine a defective product?

California law will hold a manufacture strictly liable for injuries caused by a product, if the product injures someone while being used as intended or in a reasonably foreseeable manner, it was defective when sold, and the defect caused the injury. If that is proven, the manufacturer has few defenses. Here, the manufacturer would argue that while it may be foreseeable a child would climb inside the machine, it was not foreseeable that another child would be present to turn the machine on. The manufacturer would also content that the parents bear some responsibility for the failure to monitor the children.

The parents, of course, would ask the question that many people are asking today: How could it be so easy for a 15-month-old child to turn on a machine that is known to be dangerous to children? There is no doubt this questions will be answered in the courts.

The law firm of Walton Law Firm LLP represent individuals and families throughout Southern California who have been impacted by negligence related accidents, defective products, food poisoning, spinal and brain injuries, construction accidents, dog bites, and other personal injury cases.

Posted by Walton Law Firm | | Email This Post

Posted In: Defective Products , Personal Injury , Wrongful Death

Bookmark and Share

Posted On: February 3, 2009

Peanut Plant Employee Tells Horrifying Story of Filthy Conditions

The investigation into the Salmonella outbreak that has sickened hundreds nationwide, and killed at least eight people, continues to develop. CBS news is airing the interview with Jonathan Prather, a former employee of the Georgia plant where the Salmonella outbreak originated. Prather tells a disturbing story of filthy plant conditions, including cockroach infestation, mops wash in sinks where peanuts are washed, rodent droppings, and most disturbing, a dead rat dry-roasting in the peanut area.

Here is the video:

Walton Law Firm LLP is evaluating Salmonella cases in all Southern California counties including Los Angeles, Orange, San Bernardino, San Diego, Riverside, and Imperial.

Posted by Walton Law Firm | | Email This Post

Posted In: Food Poisoning , Personal Injury , Salmonella

Bookmark and Share

Posted On: February 2, 2009

Insurance Companies: Delay, Deny and Lowball

The American Association for Justice (AAJ) is out with a research report on the egregious ways insurance companies make money at the expense of consumers. Despite being an industry with trillions (yes, trillion with a “t”) in assets, and billions in profits, insurance companies engage in time-honored tricks of the trade to avoid paying claims.

In this report, the AAJ lists how some of America’s largest insurance companies such as Allstate and AIG have denied valid claims for the sake of profit, including employment practices where employees are given incentive bonuses to deny claims or make low-ball offers. It also includes instances of insurance carriers delaying claims in the hope the claimant will give up, or, in the case of long-term care insurance, die.

Anyone who has had to make a claim for insurance benefits is probably not surprised by these findings. Occasionally you’ll find people who are totally satisfied with their experience, but by far most people come away upset, confused, and angry. In fact, many of our auto accident clients come to us after a bad experience with the adjuster assigned to the claim. They feel they have no choice but to involve a lawyer.

Click here (.pdf) to read the entire report.

The accident and injury attorneys Walton Law Firm LLP represent individuals and families who have been involved in auto and motorcycle accidents, bicycle accidents, and most other accident claims.

Posted by Walton Law Firm | | Email This Post

Posted In: Insurance , Personal Injury , San Diego Personal Injury

Bookmark and Share

« January 2009 | | March 2009 »
Randy Walton Photo

Randy Walton

Subscribe

Subscribe to the blogs's ATOM feed Subscribe to the RSS feed

Subscribe

Recent Entries

Legal Blogs