San Diego Injury Law Blog

Nationwide, fatal car accidents involving drunk drivers have been on the decline. But yesterday, a study was released listing the 20 cities in the United States where drunk driving is most prevalent, and San Diego tops the list. Not far behind San Diego was Los Angeles, which ranked seventh.

Despite the trend downward, driving under the influence continues to be a serious problem. In 2008 (the most recent statistics), nearly 12, 000 people were killed in the United States because of drunk drivers. At Walton Law Firm, we have represented numerous victims of drunk driving accidents. The effort by various states to curb drinking and driving, though, has paid off. In 2007, over 20,000 people were killed in drunk driving accidents, nearly twice the number of the following year. Of all the states, Vermont has the lowest fatality rate, and Montana the highest.

Based on an Insurance.com survey of traffic violations involving drunk drivers, here are the rankings for the top 20 large metropolitan areas:

1. San Diego, CA
2. San Jose, CA
3. Charlotte, NC
4. Phoenix, AZ
5. Columbus, OH
6. Indianapolis, IN
7. Los Angeles, CA
8. San Francisco, CA
9. Austin, TX
10. Jacksonville, FL
11. San Antonio, TX
12. Dallas, TX
13. Houston, TX
14. Fort Worth, TX
15. Memphis, TN
16. Philadelphia, PA
17. New York, NY
18. Baltimore, MD
19. Chicago, IL
20. Detroit, MI

Source: SayEducate.com

The accident and injury attorneys at Walton Law Firm represent individuals who have been injured in all types of accidents, including auto accidents, worksite injuries, nursing home neglect, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or local at (760) 571-5500 for a free and confidential consultation, or fill out an online inquiry.

Kitchens are full of inherent dangers - stove tops, knives, and other sharp, dangerous items. A tragedy in Missouri has lead to a wrongful death lawsuit by the family of a 2 year old, who was killed when the kitchen stove tumbled over onto the child, killing him instantly.

Deondrew Watson, Jr. death could have been prevented, the family says, by the use of a simple bracket that would have secured the stove to the wall. Since 1980, over 34 people have died in accidents involving tipping appliances.

"This is something that should never happen," said Fred Pritzker, a personal injury attorney. "We've known about this lurking disaster in homes for years. Yet it's inexpensive and easy to fix."

The U.S. CPSC has recorded 107 incidents causing injury or death from 1980 through 2006, including 33 fatalities. Half of those deaths involve children under the age of two. The appliance industry has been aware of the danger for a long time, and provides anti-tip brackets with appliances for almost 20 years. Whether they were made available to the apartment owner here is unknown. It is estimated that there are as many as 45 million U.S. homes with unsecured appliances.

"Often people move into homes where a range is already installed and don't think twice about it," said Jill Notini, of the Association of Home Appliance Manufacturers. "Or when the range is being installed, the homeowner may not be standing over the installer. They become aware of it after it's too late."

Today, many cities require a bracket as a condition of getting an occupancy permit. The brackets generally cost less than $30.00.

Source: St. Louis Dispatch

The San Diego personal injury attorneys at Walton Law Firm represent individuals who have been injured in all types of accidents, including auto accidents, worksite injuries, nursing home neglect, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or local at (760) 571-5500 for a free and confidential consultation, or fill out an online inquiry.

As most know, the high-profile case involving the death of a San Diego family when the Lexus they were driving sped out of control and crashed has settled. Toyota Motor Corp. has agreed to pay relatives of the family of Mark Saylor an undisclosed sum to settle the case. How much? We will probably never know.

Most settlements of personal injury cases are confidential. Settlements are really side deals, where both parties agree to a separate settlement contract. One side, the plaintiff, agrees to dismiss the lawsuit, and the other side agrees to pay money for that dismissal. Frequently it is a provision of the settlement agreement that the settlement remain confidential, allowing the plaintiff to disclose the terms only to tax advisers, or if compelled to do so (by a governmental agency). Another common provision of settlement agreements is no admission of liability. Though the defendant is agreeing to pay money to "buy their peace," they almost always want the plaintiff to acknowledge that they are not admitting any liability. I am sure Toyota had done so here.

This case was just a pure tragedy, and the Saylor relatives hired one of San Diego finest product liability lawyers in John Gomez. The lawsuit alleged that the Lexus in which the Saylors were driving at the time of the accident was defective, and that the defect played a major role in the deaths. There is no doubt that Toyota paid a substantial sum in the case, whatever that may be.

Interestingly, the case is not over. An additional defendant in the case is Bob Baker Lexus, the dealership that provided the car to Saylor. In product liability cases, it's not just the manufacturer of the defective product that can be held liable for the defective product, but all the actors in the "stream of commerce" of that product. Since Bob Baker Lexus provided the car, it can be liable for the defect.

Naturally, Bob Baker wasn't too happy about the settlement. Its attorney told the Union Tribune that Toyota "left us hanging out there." I am certain we will be reading soon about Bob Baker Lexus's settlement with the family, and the legal actions arising from this whole sad affair will be over.

Source: San Diego Union Tribune

The Walton Law Firm represents individuals and families who have been impacted by all types of accidents including auto accidents, wrongful death claims, defective products, dog bites, worksite injuries, elder abuse and neglect, sexual molestation, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or locally at (760) 571-5500 for a free and confidential consultation.

A Lakeside residential care facility is the subject of an investigation by the California Department of Social Services for safety violations. The facility, Expanding Horizons, is the same home where a convicted sex offender was living when he wandered away from the home and sexually assaulted two boys. Neighbors of the facility had no idea that a convicted sex offender was living in their midst.

"Thankfully the victims were not dragged off into the bushes like other stories," neighbor Kent Kopperud told KFMB. "But it's still a horrible situation, and it should have never happened."

The facility could be held liable for the injuries suffered by the boys who were assaulted.

Expanding Horizons has a history of violations. Records from state licensing revealed that the home failed to report criminal activity by its residents, including failing to report a major fight, the cigarette burning of a resident, and an arrest of a resident. Expanding Horizons is a contracted provider with San Diego Regional Center, which in turn, contracts with the state to provide services to 19,000 developmentally disabled children and adults in San Diego and Imperial Counties.

Source: 760kfmb.com

The accident and injury attorneys at Walton Law Firm represent individuals throughout Southern California who have been injured in all types of accidents, including auto accidents, worksite injuries, nursing home neglect, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or local at (760) 571-5500 for a free and confidential consultation, or fill out an online inquiry.

We have all heard about arrogant doctors (and lawyers for that matter), but this guy wins the prize. Dr. Red Alinsod, a Laguna Beach gynecologist was sued for branding his patients name into her uterus using a cauterizing device.

According to reports, Dr. Alinsod carved the name "Ingrid" into the uterine wall, in inch-high letters, because he did not want to get her uterus "confused" with others. Though he apparently conceded it is not standard practice to tag his patients during surgery, he said he felt it was no big deal since he was really good friends with the patient (but obviously not as good as the thought).

The lawsuit came about after the patient, Irene Paulicivic, complained to Dr. Alinsod of burns to her legs that she believed occurred during the operation. During the visit, Paulicivic asked for copies of images taken during the operation. When Alinsod hesitated in giving them to her, Paulicivic sensed something was wrong. When her named appeared (rather obviously) in the pictures, she was stunned.

To read the lawsuit, click here.

Source: CNN.com

The accident and injury attorneys at Walton Law Firm represent individuals throughout Southern California who have been injured in all types of accidents, including auto accidents, worksite injuries, nursing home neglect, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or local at (760) 571-5500 for a free and confidential consultation, or fill out an online inquiry.

The criminal investigation into the Coast Guard boat accident that claimed the life of 8-year-old Anthony DeWeese is revealing a startlingly relaxed and sometimes "cowboy" attitude toward the operation of Coast Guard boats. The lead investigator into the accident has testified that boat operators failed to assign lookouts during patrols, used cell phones for talk and text while on the water, and failed to evaluate risks before embarking on mission.

The investigator, Cmdr. Brian Roach said he couldn't believe what he saw when he began his investigation. When the 30-year veteran was taken to the scene of the accident by other crew members he was stunned by what he witnessed. The four-person crew used their phones and ignored lookout duties:

“Disappointing is the better way to put it,” Roach testified the criminal investigation hearing, adding that when no one else did it, he started calling out the locations of nearby boats. “The crew looked at me like, ‘What are you doing?’ My palms were starting to sweat.”

Lawyers for the petty officers charged with DeWeese's death don't necessarily diagree with Roach's assessment, but lay the blame with the Coast Guard itself for failing to provide adequate training. Petty Officer 3rd Class Paul A. Ramos was driving the Coast Guard vessel when it slammed into the DeWeese family's 24-foot pleasure boat.

The tragedy, as expected, is going to lead to a civil lawsuit for the death of DeWeese, the trauma his parents endured, and the severe injury to another passenger.

Source: San Diego Union Tribune

The San Diego based Walton Law Firm represents individuals and families who have been impacted by all types of injury-producing incidents, including auto accidents, wrongful death claims, worksite injuries, elder abuse and neglect, sexual molestation, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or locally at (760) 571-5500 for a free and confidential consultation.

The Boy Scouts of America have agreed to settle a lawsuit with six former scouts who alleged that they were molested in the 1980s by their Portland area scout leader. The settlement is confidential, but to avoid trial, the Boy Scouts have agreed to pay an additional $2.25 million in punitive damages.

One of the plaintiffs participating in the settlement was Kerry Lewis, a 38-year-old who actually won a separate trial last April, when a jury awarded him $20 million in damages for the molestation he endured as a scout in the 1980s. In order to avoid the expected appeal by the Boy Scouts, and to get on with his life, Lewis participated in the settlement this week. What was stunning about Lewis's trial was that the trial judge allowed into evidence files maintained by the Boy Scouts that documents complaints made about suspected molestation:

From the Oregonian:

Key to Lewis' case were so-called red-flag files that the Boy Scouts of America have fought to keep out of the public eye, but that Judge John Wittmayer allowed to be used during trial. The files amounted to 20,000 pages of information collected by Boy Scout executives from 1965 to 1985 on 1,247 Scouting volunteers who were suspected of molesting boys or other unbefitting behavior.

From 1965 to 1985 there were 1,247 scout leaders suspected of molestation or unbefitting behavior? That is an incredible revelation that doesn't get much coverage, and compares to what we've all learned about the Catholic Church in recent years.

In response to the settlement the Boy Scouts issued the following statement:

“Youth safety is the number one priority of the Boy Scouts of America, and we are deeply saddened by the events in these cases. We extend our sympathies to the victims and are pleased to have reached a settlement which will both prevent these men from reliving their experiences during a trial and allow BSA to focus even more intently on the continued enhancement of our youth protection program.”

Source: Oregonian

The Walton Law Firm represent individuals and families who have been impacted by all types of incidents, including auto accidents, wrongful death claims, worksite injuries, elder abuse and neglect, sexual molestation, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call toll free at (866) 607-1325 or locally at (760) 571-5500 for a free and confidential consultation.