San Diego Injury Law Blog

Every year, millions of shoppers get out of bed in the wee hours of the morning to trek out to their local malls and shopping centers in hopes of being able to get some great deals on Christmas presents for their loved ones. The best sales are typically offered at the earliest part of the day, with some even starting Thanksgiving night around 10 or 11 o'clock, and the supplies are limited. The idea is, of course, to get lots of shoppers out to get the good deals and then to hopefully keep them there long enough to get them to buy more. .

Unfortunately, the items that are offered up for what are sometimes ridiculously low prices are often in such limited supply that many of the customers that make the trip out to get them end up leaving empty-handed. In some cases, customers become so desperate to be one of the lucky few to take advantage of these deals that they actually become violent. Our San Diego injury lawyers know that every Black Friday comes with news of shoppers being injured across the country in various ways, the most common of which is trampling by over-eager customers rushing to get to the shelves before they are cleared.

This year, a female shopper made the news after unloading a can of pepper spray on her fellow shoppers at a crowded Los Angeles Wal-Mart. Shoppers were permitted to enter the store around 10 p.m., but some merchandise was still inaccessible at that time. When the covers over an electronics display were lifted to allow customers to access them, the woman fired pepper spray at the other shoppers in what was presumably an attempt to gain some sort of tactical advantage and get to the display before anyone else could. Twenty people were injured as a result of the incident, with some of them suffering reactions to the pepper spray and others being caught up and jostled in the crowd. The woman has not yet been identified.

Sadly, as our San Diego injury attorney knows, this is not all that unusual of an occurrence, whether on Black Friday or at different times throughout the year. While most people do not look to violence as a means to accomplish their goals, there are those who do not even think twice about turning to physical assault and battery if they believe it will help them achieve what they are trying to do. Under California assault and battery law, a civil assault occurs when the perpetrator causes the victim to reasonably believe that the victim is in imminent danger of bodily harm or death. A battery occurs when the perpetrator touches a victim in a harmful or offensive manner or when the perpetrator causes something else to touch the victim in a harmful or offensive way. So, for example, although the woman with the pepper spray did not actually touch any of the victims, she caused the harmful touching by the pepper spray, so the victims could sue her for battery.

If you have been the victim of an assault and/or a battery, please call our office to see whether you might be entitled to compensation from your attacker. Being a victim can lead to long-term emotional damage and fear, but taking action against your attacker in the courtroom can be a great step towards healing and recovery. No one is entitled to commit an assault or battery against you. Call our San Diego accident attorneys today to learn how you can fight back without stooping to the level of your attacker.

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Return of NFL Season Marred by Fan Violence

Dog Owners Arrested After Vicious Attack

Every August the National Football League's pre-season activities begin and football fans across the United States come pouring back into stadiums to watch their favorite teams play. Dedicated fans will tell you that there is something different in the air during football season, and for many, it is their favorite time of the year.

Unfortunately, as California assault and battery attorneys know all too well, a few fans can really take their love for their favorite teams a little too seriously, especially at game time. Sometimes, the heckling and teasing that is part of nearly every live football game, from high school to the professional level, can get out of hand. Combine that overzealous support with a tailgate party where the beer is flowing freely, and you may have a very dangerous situation on your hands.

This is precisely what happened a couple weeks ago to three football fans who attended a pre-season exhibition game between the Oakland Raiders and the San Francisco 49ers. KTLA News recently reported on how, in three apparently unrelated incidents, two fans were shot in the stadium parking lot, and one fan was severely beaten in a stadium bathroom. Although details are not yet entirely clear, it appears that the reasons for these attacks were related to differences in which teams the fans and their attackers were supporting. Naturally, the mayors of San Francisco and Oakland quickly condemned these attacks, and stadium security will likely be stepped up in an effort to prevent similar incidents in the future. Public condemnation and better security in the future, however, are of little use to the three victims who were viciously attacked in a place where they should have been able to feel safe.

While criminal charges will likely be filed against those responsible for causing these injuries, the victims also have the option of filing a civil complaint against their attackers and all those who may have contribute to the incident. Under California civil law a battery occurs when an attacker physically contacts the victim in a harmful or offensive way, with the intention to harm or offend the victim, against the will of a victim, and in a way that a reasonable person would find harmful or offensive. For example, if a stranger trips on the sidewalk and crashes into you, this would not be a battery because the stranger had no intention to cause you harm or offense. On the other hand, an intentional shooting or beating definitely qualifies as a battery. The intention of the attacker is to cause harm in these cases, and a reasonable person would certainly find it harmful and offensive to be shot or beaten.

In cases like these, victims should contact a California injury attorney right away. Sometimes, liability will fall only on the person who actually committed the battery. However, in other situations, the owner of the premises on which a battery occurs can also be held liable for the injuries. This may be especially important if the identity of the attacker is not known. A San Diego injury lawyer can advise you on how best to proceed and against which defendants you are likely to have a successful claim. The circumstances of assault and battery can differ greatly, and often it is unclear whether a battery has been committed, especially for someone who is unfamiliar with all the nuances of California battery law. An attorney with expertise on what constitutes a battery can help you to determine whether you have a valid claim and against whom you may bring that claim.

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Dog Owners Arrested After Vicious Attack

San Diego Assisted Living Facility Receives Citation

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.

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.

Continue reading "Dog Owners Arrested After Vicious Attack" »

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 high-profile case involving the shooting death of a male dancer by San Diego Harbor Police on a charted boat has been settled. The parents of Steven Hirschfield have agreed to a sum of $2.5 million to settle the wrongful death case they brought against the Port of San Diego.

Steven Hirschfield was hired to be a dancer aboard the 222-foot cruise ship Inspiration which was chartered as part of the Gay Pride weekend in San Diego. While the facts are a bit sketchy, Hirschfield jumped into the waters of San Diego Bay at about 11 pm during the evening of July 19, 2008. Two Harbor Police officers were dispatched to pull him out of the water, when Hirschfield got into an altercation with the officers. According to testimony from the officers, Hirschfield tried to grab one of the officer's guns, at which point the second officer shot Hirschfield.

Hirschfield's parents Alan and Nicole Hirschfield disputed this account, noting that Hirschfield was shot in the back. That was the basis for their civil rights lawsuit against the officers and the Port.

According to news accounts, Hirschfield’s DNA was found on one of the officer's holster, handgun and Taser. Also, toxicology tests found amphetamines, methamphetamine, the sedative doxylamine, and the animal tranquilizer ketamine in Hirschfield’s system. The officers were not criminally prosecuted.

Source: San Diego Union Tribune

The San Diego 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.

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.

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.

A 31-year-old emergency room technician was arrested last week for raping a woman inside the emergency room at Mission Hospital in Mission Viejo. The woman was reportedly too intoxicated to resist.

According to reports, police received a 911 call from inside the hospital from the woman, who said she believed she had been raped. Police responded, and an examination produced DNA that was later linked to EMT Jesse Karin Pena, who lives in Winchester. Pena was arrested and is expected to appear in court Monday morning.

"This is a hideous crime," said Jim Amormino, spokesman for the Orange County Sheriff's Department. "One should expect to get treated and this is the last thing you have to worry about."

Pena worked only three times at Mission Hospital in October and November 2008, and also in February. Anyone with information, or who might also be a victim, is requested to contact Sheriff's officials at 866-847-6273.

The Orange County injury lawyers at Walton Law Firm LLP represent individuals and families who have been victimized by the conduct of others. Call (866) 607-1325 for a free consultation.

FACTS: During a routine traffic stop in East San Diego County, police discovered an elderly woman bound and gagged in the back seat of the Dodge Magnum. According to reports, 75-year-old Natalie Vinje was kidnapped from her home on Friday night, and bound with duct tape. It was discovered that she had been beaten, and police speculate she may have been on the way to her death.

Police say one of the suspects arrested in the crime worked for a carpet company and sold the victim an vacuum cleaner on Monday. After he had performed work for the victim, he returned later that evening with accomplices to commit the crime. Three people have been arrested.
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LEGAL ANALYSIS: The three charged in the crime will face criminal charges, but does Ms. Vinje have a civil case for damages against the carpet cleaning company that apparently employed the kidnapper? Maybe. Typically, employers are only liable for the negligent acts of their employees that committed in the course and scope of their employment, but not liable for an employee’s intentional criminal acts. The employer could be liable, however, if it knew or should have known that its employer had a propensity to commit crimes like the one here. That can only be determined after a thorough investigation, such as an examination of criminal records, and interviews with management.