San Diego Injury Law Blog

There is a very interesting legal story developing in Oceanside. Early on Christmas morning, 44-year-old Jimmy Misaalefua was gunned down in the cul-d-sac where he lived by his neighbor Robert Pulley. According to news accounts, Misaalefua was beloved in his community, a former Marine and college football player, who was an active volunteer in the Oceanside community. He left behind a wife and two children, a seven-year-old daughter and a six-year-old son, whose birthday was celebrated a week before his father's death. A real tragedy.

The events leading up to Misaalefua death raise all kinds of legal questions about police conduct, and whether this tragedy could have been avoided.

According the North County Times, shortly before the shooting, fire fighters had been called to Pulley's house in response to a 911 call where it had been reported that Pulley and assaulted his 20-year-old son. Apparently Pulley was acting belligerent, and it took several fire fighters to restrain him, which prompted a call to the Oceanside Police Department. When police officers arrived, they determined that this was nothing more than a domestic dispute, and no arrests were made. Police drove away at 2:40 a.m.

At 2:43 a.m. - only three minutes later - 911 was called that shots had been fired near the house and police returned to find Misaalefua dead or dying in the street.

It's easy to second-guess the decisions made by police officers, especially when such a tragedy results, and they should usually be given the benefit of the doubt. This was, after all Christmas and there was probably some desire not to arrest a family man in home on Christmas. But some of the information coming out about Pully is very disturbing.

It was reported that Pulley owned eight guns, four of them registered to him. The murder weapon was a semi-automatic handgun (it's not clear if that one was registered). In 2004 he was arrested and convicted of drinking and being in possession of a firearm. While that incident was six years ago (and reduced to a misdemeanor), just last month he engaged in an hours-long standoff with Oceanside police after he threatened to harm himself and his wife with a gun. It's unclear how that matter was resolved, but despite the serious nature of the standoff it appears that Pulley was not arrested. With that background, and the presumed knowledge by the authorities that Pulley owned several guns, serious questions must be asked as to how he was allowed to keep guns in his house.

This story is now just unfolding. Pulley was charged yesterday with murder and other charges, and the Misaalefuas' are trying to understand how this tragedy could have possibly occurred, and on Christmas of all days. One thing is for certain, there will be serious public questions raised about how a man with Pulley's past, and his known possession of firearms, was allowed to keep guns in his home.

Source: North County Times

Based in North County, the Walton Law Firm represents individuals and families who have been impacted by all types of injury-producing incidents, including auto accidents, assault and battery, 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 settlements of most personal injury cases are confidential. Usually a defendant agrees to pay a settlement under certain conditions. One, that no liability is admitted (e.g. we did nothing wrong, but will pay you to "buy our peace"), and two, that the settlement amount will be confidential. Most injured parties agree to these terms, because, frankly, personal injury cases are about compensation, and a fair settlement is always better than protracted litigation.

In the high-profile cases involving a malfunctioning Lexus that killed an entire San Diego family, such a settlement was entered into. Last September the public was notified that the case had been settled, but that the actual settlement figure was "confidential," and would not be disclosed. Case closed.

Not so fast. While the parties to the litigation agreed in writing to keep the settlement confidential, several media organizations fought to make the settlement public, arguing to a Los Angeles judge that there were compelling public interests to release the amount. The settlement amount of $10 million was disclosed.

"At the end of the day, I think the motion to seal is not well taken," Judge Anthony Mohr said. "I think that in this case, the right to know overpowers the concerns raised by the plaintiffs and defendants."

Legal observers wondered about the amount of the settlement. The tragedy here was obvious, the loss of several lives. But under California's wrongful death law the extended heirs usually have a difficult time proving a personal loss because of relationships with decedents that are frequently not that close. For example, the loss of a father to a minor child is generally considered a greater loss than the loss of a grown child to an elderly parent (as much as these things can be measured). When the whole family is killed, who recovers?

After the release of the settlement figure, plaintiffs' attorney John Gomez said the money would be split among three households: John Saylor of Missouri, the father of the CHP officer who died in the accident; Joan Robbins of Missouri, Saylor's mother; and Fe and Cleto Lastrella, the parents of Cleofe and Christopher, who was also killed in the accident.

Source: San Diego Union Tribune

The personal injury lawyers at 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.

A lawsuit was filed against a big-rig driver and his employer after the death of a 47-year-old cyclist. The complaint alleges that the driver, Gabriel Vera, was driving the truck negligently when he struck cyclist Lauren Perdriau Ward. According to news accounts, this is the third fatal accident Vera has been involved while working.

Interestingly, a CHP investigation into the accident concluded that Ward and not Vera, was responsible for the accident, finding that Ward made an unsafe turn into the bath of the truck.

Earlier this year, Vera and Randazzo Enterprises, his employer, paid $1.5 million to settle a different wrongful death lawsuit involving Vera. The investigation report into that accident also found that Vera was not at fault (but lawyers must have proven otherwise). Ward's family intends to the same.

In a statement announcing the lawsuit, attorney John Feder said: "While the CHP was conducting its investigation, we brought in scientists and other experts to evaluate the circumstances surrounding Lauren's tragic death, and the team disagrees with the CHP's conclusion as to the cause. As a result, (her husband) Bob and the Ward children would like a jury to hear the evidence and decide."

Many people do not realize that the written police report in an accident of any kind is hearsay. Accordingly, the investigation report by itself is not admissible to prove or disprove liability. The case must be proven independently, without regard for the police findings. And in many cases, due to time, training, and funding, the law enforcement investigators will reach erroneous conclusions.

Source: Mercury News

The San Diego car accident lawyers at 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.

It wasn't that long ago when you would be impressed by the high school cheerleader who could do back flips on the sidelines. Now back flips are practically a prerequisite. As cheerleading becomes more and more recognized as a sport, and the competitive demands grow, doctors are seeing an increasing number of severe injuries related to cheerleading accidents.

Take the story of Laura Jackson. Starting at the age of 14, Laura loved cheerleading and dreamed of being on the sidelines at the high school football games, and maybe even college. On the day of tryouts, however, her life changed. As she attempted a move called a "back-tuck" - a moved she learned just for the tryout - she misjudged the spotter and struck her head on the ground, breaking her neck. Laura is now quadriplegic.

According to the National Center for Catastrophic Sport Injury Research at the University of North Carolina, cheerleading is by far and away the most dangerous sport in America for girls. Of all the catastrophic injuries suffered by girls in sport - injures causing permanent disability - cheerleading accounts for 65%. Nearly 30,000 cheerleaders are treated in Emergency Rooms around the country annually, tripling the amount from 1980.

Here's a sampling [from an MSNBC story]:

• In 2007, 17-year-old Patty Phommanyvong was struck in the chest by a teammate’s fist as she plummeted from a stunt at a football game at her high school in Los Angeles; she’s now 19 and living in a nursing home, unable to move or eat or speak.

• In 2005, 14-year-old Ashley Burns of Medford, Mass., hit her stomach on another cheerleader’s shoulder while spinning down from an acrobatic move called a double down; she ruptured her spleen and died almost immediately.

• In 2008, Wesley Patterson, 20, who had been recruited for one of the guy spots on the cheer team at Prairie View A&M in Prairie View, Texas, fumbled a turn while tumbling, and like Laura, he’s now a quadriplegic.

There are also serious liability issues for schools. “Cheerleading is not taken seriously enough, even by the people who teach it themselves,” said Kimberly Archie, of the National Cheer Safety Foundation. “They don’t realize that they’re asking kids to do acrobatics that put them at high risk.” Since cheerleading is not considered an organized sport, most schools do not provide adequate safety equipment, or require any training of the coaches. Frequently the coach is a recent high school grad who him/herself was a cheerleader only a year or two before.

Source: MSNBC [with video]

The accident and injury lawyers at the Walton Law Firm represents individuals and families who have been impacted by all types of injury-producing incidents, including auto accidents, motorcycle 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.

A customer in a San Marcos 7-Eleven suffered serious injuries when a car driven by Teresa Petersen drove over the sidewalk, through the plate glass window of the storefront, and all the way through until it hit the back wall. She was going so fast that the rear masonry wall was damaged.

Carlos Gradilla, 31, was shipping in the store at the time and was hit by the car. Gradilla was seriously injured, and was taken to Palomar Hospital for what was suspected to be a skull fracture and internal injuries.

Authorities are unclear what caused the accident, and it didn't appear that Petersen was under the influence.

Here is news video footage from the crash:

Source 10News & NBC San Diego

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.

Two Escondido men who hosted a party were charged with furnishing alcohol to a minor, who later lost control of her car and died in the ensuing accident.

San Diego prosecutors charged Michael Love and Nick Bowser with three misdemeanors each, all alleging that they unlawfully provided alcohol drinks to a minor. According to reports, Love and Bowser hosted a party of about 50 people, one of whom in attendance was 17-year-old Veronica Aguirre, a Poway High cheerleader. Aguirre left the party in her Kia Sportage and lost control on Mountain Meadow Road, rolling it several times. She died at the scene.

While it's unusually to see criminal charges in this type of case, the district attorney office felt it had to do something.

"This is a very tragic outcome and this is something that has to be dealt with," said D.A. Garett Wong. "Our office needs to make sure that someone is held accountable for that."

In addition to criminal charges, Love and Bowser both could be held civilly liable for wrongful death. Such a case could be brought by Aguirre's surviving family members. On the criminal side, the defendants face up to six months in jail and a $1,000 fine.

Source: 10News.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 locally at (760) 571-5500 for a free and confidential consultation, or fill out an online inquiry.