June 2011 :: San Diego Injury Law Blog

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Dog Owners Arrested After Vicious Attack

June 30, 2011

The owners of the two pit bulls who attacked and maimed 75-year-old Emako Mendoza have been arrested. The San Diego County Department of Animal Services have arrested the Alba and Carla Cornelio in connection with the attack, but it's not clear what crimes they will be charged with. The two women were booked into Las Colinas Detention Center. Bail was set at $900,000 for the daughter, Carla Cornelio, and according to news accounts, the mother, Alba, was "not eligible for bail." The authorities clearly view these crimes as serious with such a high bail. Probably because the two dogs that attacked Ms. Mendoza were responsible for another attack on a person last Christmas.

Jail%20001l.jpg This was without a doubt one of the most egregious dog attacks in San Diego history. Ms. Mendoza suffered near-fatal bites, and treatment for her injuries had included the amputation of her leg. Though the attack was two weeks ago, she remains in critical condition at Scripps Mercy Hospital.

The dogs that attacked Ms. Mendoza have both been euthanized, but that is of little solace to Ms. Mendoza's husband, who has stated that he intends to bring a civil action against the dog's owners. "I hope these people have plenty of money because I am going to sue them for plenty," he said. But the reality is these folks probably don't have the money or the insurance to adequately cover the damages suffered by this family.

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Posted In: Assault and Battery , Dog Bites

Two Injured When Ride Malfunctions at San Diego County Fair

June 22, 2011

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State investigators are trying to determine what caused a ride at the County Fair to malfunction and injure two people. According to witnesses, the Techno Power ride had ended and the passengers were getting off the ride when it unexpectedly began to move. A young girl was thrown to the ground as was the operator of the ride. While the injuries suffered by both haven't been disclosed, the girl was airlifted to Rady's Children's Hospital, and the ride operator was transported to nearby hospital with what is reported to be a head injury.

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The Techno Power ride is a spinning ride that has multiple arms with six seats in pods at the end of each arm. The ride was immediately closed down after the accident, and will remain closed until state inspectors complete their investigation.

Fair operators are puzzled as to how the ride could have malfunctioned. "We go above what the state requires us to do as far as the rides are concerned. They are inspected and tested each and every day before the gates open," said fair representative Linda Zweig.

Amusement parks such as that created by the San Diego County Fair can be liable for ride injuries under various theories of liability. The ride may be designed defectively or erected incorrectly, there could be mechanical defects, or it could be the result of operator error. Under each theory of liability, however, the operators of the park can be liable for all personal injuries caused by the accident.

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Posted In: General Legal

Amputation Required After Pit Bull Attack in San Diego

June 20, 2011

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Here's another terrible story involving a pit bull attack. A morning trip to the driveway of her Paradise Hills, San Diego home turned into a true horror story for 75-year-old Emako Mendoza who, while out picking up the daily newspaper, was attacked by two pit bull dogs. The bites she received in the attack were so severe that her left leg was amputated below the knee, and still remains at risk of losing her other leg and an arm.

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“She’s in a terrible amount of pain. She’s so fragile to begin with. She just can’t handle this pain,” her husband of 53 years told the San Diego Union Tribune.

The dogs came from the yard of her neighbor, Alba Cornelio, who apparently escaped through a hole in the neighboring fence. Cornelio was some kind of pit bull breeder who, after this attack, had a litter of pit bull puppies confiscated. The two dogs involved in the attack were properly euthanized, and Cornelio is no doubt telling authorities that the dogs never showed any sign of aggressive behavior before the attack. It fair to say that in nearly every case of a dog bite handled by Walton Law Firm, the owner of the attacking dog claims the attack was totally out of character.

News accounts state that no complaints against the dogs were on file, but the investigation continues.

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Posted In: Dog Bites

City of San Diego Pays $1.8 Million in Motorcycle Accident Case

June 8, 2011

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The family of a motorcycle rider who was killed in 2009 will receive $1.8 million in a settlement agreement reached with the City of San Diego. Kenneth Sully was killed at an accident-prone intersection at Pacific Highway and Cedar Street when he collided with a Toyota Corolla.

The family's attorney Benjamin Bunn was able to show that the city of well-aware of the dangers posed by the configuration of the intersection, and that efforts to make it safer - including the addition of a $3,000 traffic signal - were repeatedly denied by city officials. According to news accounts, there were a dozen accidents at the intersection between 2006 and 2009, and that the city was aware of the dangers as far back as 1999. Three months after the fatality, the city installed a proper traffic signal.

According to the San Diego Union Tribune:

City Attorney Jan Goldsmith explained that the city had been slow to address complaints about the intersection’s dangers after a left-turn lane was created on southbound Pacific Highway in 1997. The city didn’t erect a left-turn yield sign or a turn signal, which left the impression that drivers could turn left — into oncoming traffic — once the signal turned green. Several attempts to fix the problem fizzled through the years because of budget woes and employee incompetence, Goldsmith said.

The settlement required approval by the San Diego City Council, who approved the settlement last Tuesday.

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Posted In: Motorcycle Accidents , Wrongful Death

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