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Posted On: August 31, 2009

Santee Accident Kills Family after Accelerator Gets Stuck

In what can only be describe as an unbelievable tragedy, an off-duty California Highway Patrol officer, his wife and daughter, and his brother-in-law were all killed yesterday when the accelerator on the Lexus they were in got stuck, preventing the car from stopping or slowing down. What makes this car accident tragically ironic is that the CHP officer who was killed, Mark Saylor of Chula Vista, was a safety officer, who inspected school buses, ambulances, tow trucks and armored vehicles.

According to reports, the Saylor family was traveling in the Lexus on northbound 125 at around 6:30 pm. Someone from the vehicle allegedly called 911 to report that the accelerator was stuck. Shortly thereafter, the Lexus – a 2009 ES 350 on loan from Bob Baker Lexus - then traveling at more than 100 mph, clipped the back of an SUV and veered of the road, went through a fence, then burst into flames.

At the time of the accident, Saylor was nearing his 20th anniversary with the CHP. "He was an outstanding officer who was well-respected by his peers," CHP Officer Brian Pennings said.

Investigators are trying to figure out what caused the accident, and if the allegations about the stuck accelerator are true. In 2007, Toyota Motor Corp. recalled more than 30,000 floor mats used when allegations were made that that the mats would slip forward and jam the accelerator. Could there be a connection?

Source: North County Times / San Diego Union

The San Diego accident and injury lawyers at Walton Law Firm LLP represent individuals and families who have been injured in all types of accidents. Call (866) 607-1325 for a free consultation.

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Posted In: Auto Accidents , Defective Products , San Diego Car Accident , Wrongful Death

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Posted On: August 30, 2009

Did Toyota Hide Evidence In Product Liability Cases?

A former lawyer for Toyota Motor Sales, USA, has alleged that the car company intentionally withheld evidence of its vehicles’ structural shortcomings in hundreds of injury and death cases arising from rollovers. Toyota counters that the former employ has an ax to grind, since he was fired for alleged misconduct on the job.

The information arises from a lawsuit filed by the former employee, attorney Dimitrios Biller, who claims that his complaints about the withholding of evidence cost him his job. The lawsuit must contain some damaging information as Toyota has brought a motion to seal the complaint, claim it contains confidential information.

Biller worked for Toyota from 2003 to 2007, and helped the car company defend rollover lawsuits that blamed the company for design defects involving instability and weak roofs. Most of the cases involve serious personal injuries or death. His complaint claims that Toyota refused to produce emails and other electronic data, which is required by the rules of discovery. Biller complained to his superiors, and alleges those complaints led to a "forced" resignation.

Here's the most interesting part: Biller was given a $3.7 million severance package. $3.7 million? That's quite a severance package for an in-house lawyer.

Source: CBS News

The San Diego accident and injury lawyers at Walton Law Firm LLP represent individuals injured or killed in car and motorcycle accidents, construction accidents, product defect cases, slip and falls, dog bites, and malpractice matters. Call (760) 607-1325 for a free consultation, or fill out an online contact form.

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Posted In: Auto Accidents , Defective Products , General Legal

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Posted On: August 27, 2009

Strangulation Deaths of Three Children Prompt Recall

Six window covering companies, and their retailers, are recalling millions of window coverings after three children strangled to death on the cords that come with the product. The companies include Lewis Hyman, IKEA, Lutron, Pottery Barn Kids, and were sold at stores such as Target and Expo Design Centers.

Of the deaths, two were being attributed to roll up blinds manufactured by Lewis Hyman, Inc. of Carson, California, and the other to a window covering produced by Vertical Land Inc. of Florida. Those two companies have recalled almost 5 million window coverings. Millions of other companies have recalled their similar defective products as a precaution.

Because of the large numbers of blinds being used on windows nationwide, the U.S. Consumer Product Safety Commission initiated the recall effort for all "closed-loop or continuous loop window coverings" in the U.S. The closed loop coverings have been a concern for decades, and are attributed for at least 300 strangulation deaths involving children, many more deaths go unreported.

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The U.S. Consumer Product Safety Commission is urging consumers to remove any closed-loop window coverings immediately, and to obtain a retrofit kit through the manufacturer. Such kits are free.

For more information about the recall, and how to contact the manufacturers, here's a link to the USCP website.

Source: LA Times

Walton Law Firm LLP represents individuals who have been harmed by defective and/or unsafe products. Please call (866) 607-1325 for a free and confidential consultation.

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Posted In: Defective Products , Wrongful Death

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Posted On: August 25, 2009

Graphic Texting While Driving Video Creating a Stir

A jarring public service announcement video produced by the Gwent Police Department in Wales, England is creating a bit of controversy due to its graphic enactment of a horrible car accident. The accident is caused by a girl who attempts to send a text while driving. In the 4-minute video, a car full of young women talking to one another as the driver tries to send a text. In the process of texting, she veers over the center line, and drives head on into oncoming traffic. The ensuing crash show what happens to the girls inside the car, and it is not for the squeamish. The video certainly gets the point across.

WARNING: GRAPHIC ENACTMENT OF SERIOUS CAR ACCIDENT

Source: Huffington Post

The auto accident and injury lawyers at Walton Law Firm LLP represent individuals and families who have been injured in all types of accidents. Call (866) 607-1325 for a free consultation.

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Posted In: Auto Accidents , San Diego Car Accident

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Posted On: August 23, 2009

Escondido Car Accident Claims Life

A San Diego man died on Saturday on Del Dios Highway after the truck he was driving cross the yellow line and collided head-on into a cement truck. 33-year-old Jose Alvarez didn't have a chance; the cement truck was loaded with cement at the time and weighed 25 tons.

The auto accident occurred just before noon, when, police believe, Alvarez crossed over into oncoming traffic when he tried to pass two other vehicles. According to witnesses, the crash was truly head on - "head light to head light."

While police do not believe that alcohol was involved in the accident, they are still looking for witnesses. Anyone with information is encourage to call the Oceanside CHP office at 760-757-1675.

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Source: North County Times (story/photo)

The accident and injury lawyers at Walton Law Firm LLP represent individuals injured or killed in car accidents, motorcycle accidents, construction accidents, slip and falls, dog bites, and malpractice matters. Call (760) 607-1325 for a free consultation, or fill out an online contact form.

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Posted In: Auto Accidents , Escondido Accident , San Diego Car Accident , Wrongful Death

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Posted On: August 22, 2009

Class Action Foe Files Class Action Lawsuit

Those who follow California law are familiar with the "Civil Justice Association of California," an organization that seeks to curb access to the courts or to justice in the name of curtailing those scurrilous lawyers. You may have been exposed to some their handy work.

One of the leaders of CJAC is its general counsel, Fred Heistand, a tort reformer who has made a career of railing against plaintiff injury lawyers, and the evils of consumer class-action lawsuits, calling them “shakedown lawsuits” and “the weapon of choice for ... vexatious litigants.”

Funny thing happened. When Heistand's car was towed from a Sacramento no-parking zone, he got very upset. Apparently there were no signs that said that that illegally parked cars could be towed. So what did the anti-class-action crusader do? He filed a class action lawsuit, seeking damages from the city, the police chief, police officers, and the two truck company itself.

"It's hysterical," said Timothy Blood, a lawyer who specializes in unfair competition lawsuit. "The whole PR campaign during Prop 64 was that 17200 [the law Heistand used to sue under] was driving businesses out of California. So what does do? He sues a small business."

Heistand is not getting any love from CJAC, either. Its president had this to say about Heistand:

“I was concerned this might happen,” he said. “Fred has been fighting against frivolous lawsuits for decades, and like a doctor fighting malaria, he’s become infested himself -- and with the worst strain of the disease -- class actions.”

Source: LA Times

The San Diego accident and injury lawyers at Walton Law Firm LLP represent individuals and families who have been injured in all types of accidents, including car accidents, motorcycle accidents, work site incidents, animal bites, elder abuse, and malpractice matters. Call (866) 607-1325 for a free consultation.

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Posted In: General Legal , Personal Injury

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Posted On: August 17, 2009

Motorcycle Rider Dies After Hitting Stalled Car in Escondido

A 65-year-old Poway motorcycle rider died Sunday when he struck a vehicle that had stalled on Interstate 15 in Escondido. According to reports, the man was riding northbound on a Honda CBR, near Via Rancho Parkway, when he struck the rear end of a Volkswagen Jetta. It is not clear in what part of the free way the Jetta was stalled.

The man was wearing a helmet at the time, and was taken to Palomar Medical Center where he died.


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Source: North County Times

The North County accident and injury law firm of Walton Law Firm LLP represent individuals injured or killed in all types of accidents, including car accidents, motorcycle accidents, construction accidents, slip and falls, dog bites, and malpractice matters. Call (760) 607-1325 for a free consultation, or fill out an online contact form.

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Posted In: Escondido Accident , Motorcycle Accidents , Personal Injury

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Posted On: August 13, 2009

"Dead by Mistake" Tracks Medical Malpractice Stories

It has been more than a decade since the National Institute of Medicine recommended that the health care industry stop blaming doctors and nurses for medical errors and start looking at prevention. An investigation by Hearst Newspapers has found that very little has changed since that time. A proposed mandatory nationwide system for reporting and analyzing medical mistakes was never created, while the rate of medical error is increasing.

The investigation by Hearst, which included a team of investigators and several hundred interviews, has resulted in the launching of a website called "Death by Mistake" which highlights the stories of people victimized of medical malpractice. Some studies estimate that 98,000 people die every year from medical mistakes that could have been prevent. That equates to more deaths each month than occurred in the 9/11 attacks. This figure does not include the estimated 99,000 people who die each year from hospital-acquired infections.

The website also has a hospital safety database for several states, and tells the story of many medical malpractice victims.

To visit Dead by Mistake click here.

The medical malpractice lawyers at Walton Law Firm LLP represent individuals and families who have been impacted by medical negligence and other negligence related accidents. Cases are taken on a contingency fee, and all consultations are free and confidential.

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Posted In: Medical Malpractice , Professional Negligence , San Diego Personal Injury

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Posted On: August 12, 2009

Driver Sought in Chula Vista Hit-and-Run

The Chula Vista police are looking for the driver of a silver or blue compact car that ran a red light and struck a 13-year-old girl.

According to reports, the reckless driver was heading east on Palomar Street at around 11:00 p.m. on July 22. The victim was crossing in the crosswalk at the intersection near Del Taco. Witnesses say that the unidentified driver blew through the red light at approximately 50 mph and never slowed down before hitting the girl.

The girl suffered major leg injuries, including a severe fracture and a shattered knee. She remains hospitalized three weeks after the accident.

So far, police have been unable to identify the driver, and all leads have dried up. Anyone with information about the accident is asked to call Officer Rusty Nelson at (619) 476-5300.


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Source: San Diego Union Tribune

The San Diego personal injury lawyers at Walton Law Firm LLP represent individuals and families who have been injured in all types of accidents, including car accidents, motorcycle accidents, work site incidents, animal bites, elder abuse, and malpractice matters. Call (866) 607-1325 for a free consultation.

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Posted In: Auto Accidents , Pedestrian Accidents , Personal Injury

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Posted On: August 10, 2009

California Law Protects Good Samaritans from Lawsuits

A Good Samaritan who accidentally injures a person while trying to provide voluntary aid will not be protected from lawsuits by the injured party. Last week, Governor Schwarzenegger signed Assembly Bill 83, which is intended to encourage Good Samaritans to provide aid and rescue in emergency situations.

"Now Good Samaritans have no reason to hesitate to responsibly help someone in an emergency out of fear that they might be sued,” Assemblyman Mike Feuer said. "This legislation encourages Californians to look out for each other at a time when public resources are all too scarce."

The new law reverses a recent California Supreme Court decisions (Van Horn v. Watson) which held that the state's existing Good Samaritan law only provided partial protection from lawsuits for negligence when a volunteer provides assistance to a person in peril. The cases found that a Good Samaritan who injures someone while providing non-medical care could be held liable for damages.

The new law also received support from both plaintiff and defense attorney associations.

"This bill strikes an important balance between the human desire to help people who are in distress, and the rights of victims. Consumer attorneys are delighted to join police, firefighters, paramedics and insurance and business groups in endorsing this measure," said Christine Spagnoli, president of the Consumer Attorneys of California.

Source: California Chronicle

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

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Posted In: General Legal

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Posted On: August 5, 2009

Five Family Members Die in Mission Viejo Auto Accident

Early indications are that tire failure caused an SUV to skid off Interstate 5 yesterday and down an embankment before catching fire. The accident claim the life of Juan Antonio and Belinda Sandoval, their two daughters, ages 11 and 4, and a 6-year-old niece. The family was on their way from San Pedro to Legoland in Carlsbad.

According to witnesses, one of the SUV's tires blew out and Juan Antonio lost control, but police say skid marks would have to be evaluated before cause can be determined. Witnesses ran to the vehicle to try to help, but the vehicle was engulfed in flames and they couldn't get close.

This is a real tragedy. The L.A. Times described Juan Antonio as the manager of a Burger King restaurant who had been married to his wife for 12 years. The family lived in San Pedro, and was very close to his extended relatives.

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Source: Los Angeles Times

The personal injury lawyers at Walton Law Firm LLP represent individuals and families throughout Southern California who have been injured in automobile accidents, pedestrian accidents, motorcycle accidents, and all other injury-producing incidents. Call (866) 607-1325 for a free consultation.

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Posted In: Auto Accidents , Orange County Accident , Wrongful Death

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Posted On: August 4, 2009

Spinal Cord Injury Research Makes Major Advance

LA JOLLA - Spinal cord injury researchers from UC San Diego have announced a major advance in reconnecting nerve endings, which could lead to the reverse of paralysis in patients. The findings were published in the journal Nature Neuroscience.

Performing experiments on rats, scientists at the UCSD School of Medicine have, for the first time, successfully reconnected severed axons - parts of nerve cells that conduct electrical impulses. Using a nervous system growth factor called neuroptophin, researchers were able to guide severed axon endings to a correct paired axon ending and bond. This bonding formed electrical connections called synapses.

A recent survey by the Christopher & Dana Reeve Foundation found that 1.275 million Americans have suffered a spinal cord injury, and more than 5.6 million Americans live with some form of paralysis.

"The ability to guide regenerating axons to a correct target after spinal cord injury has always been a point of crucial importance in contemplating translation of regeneration therapies to humans," senior author Dr. Mark Tuszynski, director of UCSD's Center for Neural Repair. "While our findings are very encouraging in this respect, they also highlight the complexity of restoring function in the injured spinal cord."

The experiment’s success was not totally complete. Though the regenerated axons could be precisely guided to their targets and form synapses, the resulting connections did not work. But while it is a long-road to a successful treatment for spinal cord injury, researchers see these latest findings as a large step.

Source: San Diego Union Tribune

The accident and injury attorneys at Walton Law Firm LLP represent individuals who have suffered injury in all types of accidents, automobile accidents, construction accidents, property accidents, dog bites, and malpractice matters. Call (790) 607-1325 for a free consultation, or fill out an online contact form.

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Posted In: San Diego Personal Injury , Spinal Cord Injury

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Posted On: August 3, 2009

North County Car Accident Claims Life, Injures Two

A multi-vehicle car accident on Interstate 5 claimed this life of a 9-year-old Los Angeles girl early this morning. Early indications are that the car accident was caused by a drunk driver, Michael Wright of Commerce, who was arrested on manslaughter charges.

Just after midnight, traffic on northbound I-5 was moderate to heavy, and vehicles were traveling approximately 25 mph when a Lexus in the fast lane swerved to avoid a car just ahead of it. The Lexus struck the car, and then careened off an hit a Honda CRV and a big rig truck before coming to rest.

The young girl was a passenger in the Lexus, and was taken to Rady Children's Hospital where she was pronounced dead. Two other drivers suffered personal injuries in the accident, one of whom was taken to Tri-City Medical Center.


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Source: North County Times

The Carlsbad-based accident and injury law firm of Walton Law Firm LLP represent individuals injured or killed in all types of accidents, including automobile accidents, construction accidents, slip and falls, dog bites, and malpractice matters. Call (790) 607-1325 for a free consultation, or fill out an online contact form.

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

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