Baby Slings Blamed in Infant Deaths

March 25, 2010

San Diego-based Infatino, the makers of the "Slingrider" and the "Wendy Bellissimo" baby slings, issued a recall of at least 1 million slings yesterday after several reports of infants dying because of the sling. The company said that customers should stop using the slings immediately, and offered replacement slings free of charge.

In early March, the Consumer Product Safety Commission issued a warning about the slings, stating that it had linked at least 14 deaths to the use of slings, most of them involving infants younger than five months old. CNN.com profiles two families that lost children purportedly because of the sling, one of whom has filed a lawsuit against Infatino for designing and distributing a defective product.

The CPSC issued the following statement:

"In the first few months of life, babies cannot control their heads because of weak neck muscles. The sling's fabric can press against an infant's nose and mouth, blocking the baby's breathing and rapidly suffocating a baby within a minute or two," the joint statement said. "Additionally, where a sling keeps the infant in a curled position bending the chin toward the chest, the airways can be restricted, limiting the oxygen supply. The baby will not be able to cry for help and can slowly suffocate."

Source: CNN.com

The San Diego personal injury and wrongful death lawyers at Walton Law Firm represent individuals who have been injured in all types of accidents, including auto accidents, product liability cases, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free and confidential consultation.

Elderly Driver Critically Injures Man In Costco Parking Lot

March 22, 2010

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In the last year, San Diego has had a series of accidents involving elderly drivers, several of them fatal. (See an earlier blog entry). It has happened again, yesterday in the parking lot of the Bay Ho Costco on Morena Boulevard.

According to reports, an 86-year-old driver was pulling his Cadillac Coupe de Ville out of a parking spot when he apparently saw the pedestrian behind. He tried to stop his car, but accidentally stepped on the accelerator instead of the brake, and the car sped backwards, striking an SUV with solid force. A 40-year-old man who was loading plants into his car was hit and run over, and the victim’s two children, who were sitting in the car, were thrown out an open door.

Incredibly, the old man was still unable to stop his car, which, after careening off the SUV, drove over a small wall, through a fence, and into a nearby building. Witnesses say the car just kept accelerating in reverse. Truly a tragedy.

The man who was struck by the Cadillac suffered several serious injuries including a broken pelvis, a punctured lung and internal bleeding. The children suffered minor physical injuries, but will not doubt suffer severe emotional distress witnessing their father's injuries.

According to police, "pedal misapplication" is a common occurrence in elderly drivers, who apparently get confused and disoriented after stepping on the gas, and are unable to stop. The elderly driver's license has been suspended as a result of this case.

Source: SignOnSanDiego.com

The San Diego accident and injury lawyers at Walton Law Firm represent individuals who have been injured in all types of accidents, including auto accidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free consultation.

;-)

Car Accident Deaths Drop to Record Lows in U.S.

March 18, 2010

One of the few upsides to an ailing economy is the improvement in traffic accident deaths. The number of people who died in a car accident in 2009 was 33,963, which is almost 9 percent lower than the previous year.

Ray LaHood, the Transportation Secretary, was circumspect about the news. “I have mixed feelings,” he said. “I am also disturbed that we are still talking about nearly 34,000 preventable deaths a year.”

The fatality rate was 1.16 deaths for every 100 million vehicle miles, which continues a five-year trend of declining accident deaths. In addition to the faltering economy, the decline is attributed to several factors, including campaigns aimed to increase seat belt use and to prevent drunken and distracted driving, and safer roads and vehicles.

The National Highway Transportation Safety Administrations fatality statistics can be found by clicking here (.pdf).

Source: New York Times

The Carlsbad personal injury attorneys at Walton Law Firm represent individuals who have been injured in all types of accidents, including auto accidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free consultation.

Highway 67 Continues to Injure and Kill

March 13, 2010

SANDAG officials will tell you that Highway 67 is not the most dangerous highway in San Diego County. In fact, the windy, mostly two-laned road from Lakeside to Ramona ranks 17th in priority of roads in the county in need of improvements according to SANDAG. Tell that to the numerous individuals who have been seriously injured on the road, or who, as stated by the San Diego Union Tribune, "completed their trips in a hearse."

In 2007, Supervisor Diane Jacob called a transportation summit to address concerns about the road. There were 46 recorded deaths on the road from 1998 to 2008, and in the last decade, there have been numerous lawsuits against the State of California for defects in the road. Those lawsuits argued, many successfully, that the road constitutes a "dangerous condition" and that state must address.

Attorney Ben Bunn has represented many families in cases involving the 67, and he'll tell you first hand how dangerous the road is. In a letter published by the San Diego Union Tribune last year, Bunn argued strongly that the road is unreasonably dangerous, that the fatality rates exceed the state average, and that the many injuries and deaths on the road are preventable with some alterations to the road. (Read it here .pdf)

The San Diego Union Tribune has also weighed in. It ran a series of editorials critical of SANDAG and the slow government response to the obviously risky road. The UT editorials followed a high profile incident where a young mother, Alexandria Drake, was killed in March of 2009. But while the attention has subsided, the injuries and deaths continue. (Just Google "Highway 67 Accident.") The most recent being Bridgette Hale a young mother who died on the road in January when a driver fell asleep and drifted into oncoming lanes. And more recently, a head-on crash that occurred yesterday, injuring three people.


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Until there are major changes to the road, there are going to be very serious automobile accidents, and more innocent lives lost.

The accident and injury lawyers at Walton Law Firm represent individuals and families who have been impacted by personal injury accidents, including auto accidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free consultation.

Toyota Sued for "Endangering Public"

March 12, 2010

The Orange County District Attorney's office has filed a civil lawsuit against Toyota Motor Company for "knowingly selling hundreds of thousands of vehicles" with defects to the acceleration system. Toyota's U.S. sales headquarters is in Torrance, but it has not yet received the complaint.

As a result of its well known accelerator problems, which infamously may have killed an entire San Diego family in August 2009, Toyota has recalled more than 6 million cars. U.S. regulators are now reporting at least 52 deaths associated with the problem, and currently there are 89 class actions lawsuits against Toyota, and many other individual personal injury and product liability claims.

Toyota is stating it is "mystified" by the most recent allegation of an accelerator mishap involving a Toyota Prius, previously not believe to have accelerator problems. James Sikes called 911 while traveling on I-8, claiming he could not slow down his Prius. After a long, harrowing drive, and with the help of CHP he was able to stop the car, which he said was accelerating on its own.

Since that high-profile incident, Sikes himself has become the focus of the story, and questions have been raised about the veracity of his claims. Not surprisingly, Sikes hired an attorney shortly after the incident, but has stated publically that he does not plan to sue. (related story)

Source: San Diego 6 News

The personal injury law firm of Walton Law Firm represents individuals who have been injured in all types of accidents, including auto accidents, motorcycle accidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free consultation.

Triathlon Volunteer Receives $7 Million Settlement

March 9, 2010

A volunteer for the Los Angeles Triathlon received a settlement of $7 million from the City of Los Angeles after being rendered a paraplegic in an accident related to the race.

Steve Albala was riding on his motorcycle and helping officiate the bicycle leg of the triathlon when he was struck by a car at an intersection. According to reports, the intersection was being controlled by a traffic officer, who motioned for the vehicle to proceed, despite Albala's presence on the motorcycle. The force of the impact threw Albala nearly 20 feet, causing a fractured spine and spinal cord damage, and requiring several surgeries and nearly two years in the hospital.

Interestingly, a police report at the time concluded that Albana was speeding, but in the lawsuit those conclusions were successfully challenged. The city also paid $250,000 to Albana's passenger, who was also injured, and $500,000 to the driver of the car involved.

Albala was represented in the case by Beverly Hills lawyer Douglas S. Aberle of Levitt, Leichenger & Aberle.

Source: Los Angeles Times

The accident and injury lawyers at Walton Law Firm represent individuals who have been injured in all types of accidents, including auto accidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free consultation.

San Diego Marines Motorcyle Deaths Decline Due to Marine Corps Increased Safety Efforts

March 1, 2010

The number of local Marines killed while riding motorcycles decreased for the first time in three years. The decrease is the result of new safety classes made available to Marines at Camp Pendleton and Miramar Air Force Base. In particular, the Marines are targeting those who ride sport bikes which are lightweight, powerful and popular with younger riders. The course teaches practical skills and mental training according to Richard Stampp, who works with Camp Fox Professional Services which designed and delivers the new course. The Marines have made the new course more accessible, and riders don't have to wait to get into the course. At both Miramar and Camp Pendleton, riders can enroll very soon after signing up for it. As another means to promote safety, the Marines are encouraging more experienced riders to act as mentors for those with less experience. The mentors hold monthly rides and demonstrate safe riding techniques. Marine leaders are committed to training riders and helping them avoid injury and death.

Source: North County Times.

Walton Law Firm, a North San Diego County law firm, represents accident victims throughout San Diego, Orange and Riverside Counties and has recovered millions of dollars for individuals injured by car accidents, pedestrian accidents, motorcycle accidents, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, insurance disputes, and medical malpractice suits. Call (760) 571-5500 for a free consultation.