San Diego Injury Law Blog

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.

You may recall hearing recently about the federal $75 million cap on damages British Petroleum might benefit from in the Gulf oil spill, well there's a similar cap for the passenger rail industry. Under federal law, railroad companies cannot be liable for damages that exceed $200 million, and Metrolink has offered that amount to victims of the 2008 accident in Los Angeles. In that accident, you may recall, 25 people died and 135 were injured.

Like all caps on damages, the amount is arbitrary and unfair, and the plaintiffs' attorneys are blasting the offer:

"It is a tragedy that the members of our community, who place their lives in the hands of the commuter rail system, are denied full justice when injured or killed due to the carelessness of the operators," the plaintiffs' attorney group said in a written statement. "It is unfortunate that it has taken 24 months for Metrolink, and Connex/Veolia, a $50-billion French company, to seek the protection offered by an arbitrary federal limitation on damages which protects billion-dollar companies at the expense of victims."

In addition to those killed, many suffered severe injuries, like 24-year-old construction worker Curtis Whitney. Whitney suffered a spinal cord injury and had undergone several surgeries and therapies. His medical bills already exceed $600,000, and he had no health insurance. His case alone is worth several million dollars. Plaintiffs’ attorneys places the overall value of the case at $400 - $600 million dollars.

If the offer was accepted and approved by the courts, then Metrolink and the other contractors involved would be released of any further liability.

Read the entire L.A. Times story by clicking here.

The attorneys at 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, 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.

An empty dump truck ran a red light on Monday and broadsided a small compact car, seriously injuring the woman driving the car. The accident occurred at SR-163 off-ramp to Kearny Villa Road.

According to witnesses, the woman entered the intersection on a green light, when the dump truck flew through the intersection, running the red light. The victim, 39, was taken to the hospital with serious injuries.

News reports do not state whether the dump truck driver was cited in the accident, or what may have been the cause. In these accidents, it is usually the inattentive and negligent driving on the part of the truck driver. The other, less likely cause, is some defect in the truck.

Source: San Diego 6

The San Diego personal injury attorneys at Walton Law Firm represent individuals throughout the region 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 San Diego Union Tribune has a story today about last weekend's tragedy at the California 200 off-road race in Lucerne Valley. Four of the eight killed were residents of San Diego County, as was the driver of the truck that veered into the crowd. Yesterday, a federal investigation was officially launched to determine how such a tragedy could occur at an organized, sponsored sporting event.

Video from the event is startling. Showing speeding trucks driving at high speeds through spectator lined dirt tracks. At times it looks like the crowd could simply reach out and touch the trucks.

“Spectators want to get close to the trucks, it’s part of the adrenaline rush. You want to see the huge tires. You want to hear the engines and get dust blown on you. It’s the closest you can get for any road race,” Sam Wilson of Rancho Bernardo told the UT.

The tragedy has raised question about the oversight provided by the Bureau of Land Management, who issued the permit for the event at Soggy Dry Lake the Mojave Desert. In its application for a permit, the Mojave Desert Racing Association estimated there would only be 200 - 300 spectators, when it was clear the race would attract five times that many. Also, questions have been raised about the BLM's permitting process and whether it’s nothing more than a bureaucratic rubber stamp. The race has been held since 2004.

Some environmental groups believe that BLM is part of the problem and bears some responsibility for the accident. “It’s their property and they permitted it,” said Tom Budlong, a member of the Sierra Club’s desert committee told the UT. “Whatever rules they set up tend to be violated.”

The real questions should be directed at the events organizers. Watching the video, it's stunning that spectators would be allowed to get so close to speeding trucks, without any barrier at all. Surprise is no excuse, since video from last year's event shows the very same dangerous conditions. [Watch video around 2:30 mark]

Donations for all of the victim’s families can be made through fast-aid.org.

An memorial account has also been set up for the family of Brian Wolfin, of Escondido, who is survived by two children, ages 1 and 5. Donations can be made to US Bank, Dirty Deeds Industries, account no. 1-534-6571-1205.

Read the entire Union Tribune article here.

The attorneys at 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, 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.

Eight people were killed, and at least 12 injured when an off-road truck participating in the California 200 race veered off the track and plowed into a crowd of spectators. The race was being held in Soggy Dry Lake Bed near Lucerne Valley in the Mojave Desert.

"There was dust everywhere, people screaming, people running," said photographer David Conklin, who was covering the event for off-road magazines.

It was reported that the truck, a Prerunner, was one of the first off the line in the 200-mile race. The truck had just completed a jump known as "the rockpile" when he lost control, and veered into the crowd, and rolled over. Several victims were trapped under the car, but the driver escaped injury. The driver was, however, forced to flee the scene when angry spectators began to throw rocks at him.

The race was sponsored by Mojave Desert Racing, who will no doubt face legal scrutiny as result of this tragedy. According to reports, the crowd was standing only 10 feet from the track, and there was no safety barrier separating people from racing vehicles. It also raises questions as to why crowds would even be allowed to congregate near the bottom of a jump. By all accounts this was a heavily organized event, presumably designed by professionals, so it will have to be seen what went wrong.

NEWS VIDEO WITH WITNESS STATEMENTS:

RAW VIDEO FROM THE ACCIDENT:

A map of the race course can be seen by clicking here [.pdf]: RACE MAP

Race information and race rules can be found here [.pdf]: RACE RULES / INFO

UPDATE: Three of the victims of this tragedy were from Escondido, and the driver of the truck lived in San Marcos. The San Diego Union Tribune has a good article about the victims, and who they were. Click here to read the story.

Source: LA Times, MSNBC, AP, San Bernardino Sun

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.

A Northern California man was awarded $2.85 million in a settlement the maker of a stun-gun that was alleged to have caused permanent brain damage. The product manufacturer denied any liability, but agreed to pay the settlement.

According to reports, in October 2006, 49-year-old Steve Butler was intoxicated and off his psychiatric medications when he refused to get off a public bus. A police officer used a Taser X-26 from Taser International to subdue Butler, who went to cardiac arrest and stopped breathing. It took nearly 20 minutes for paramedics to resuscitate Butler, who suffered a major brain injury.

Nearly four years after the incident, Butler continues to have short-term memory problems, and a loss of mobility and motor skills. He cannot be left alone and requires 24-hour care. According to court documents, Butler is unlikely to recovery.

"This resolution will allow the Butler family to comfortably care for Steve for the rest of his life," attorney Dana Scruggs said of the settlement.

The case was not an easy one. Court documents reveal that Butler had a pre-existing heart condition, and the taser manufacturer had prevailed in all previous lawsuits against it.

Source: Mercury News

The accident and injury attorneys at Walton Law Firm represent individuals who have been injured in all types of incidents, including car accidents, product defect injuries, 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.

Caroline McElhaney would have been 53 years old in two weeks. The mother of three, grandmother of five won't see her next birthday because of the poor judgment of a negligent driver on Interstate 15 near the Ninth Avenue exit.

Yesterday during the morning commute, the southbound driver of a 1999 Dodge Ram was coming upon stopped traffic and quickly changed lanes only to have the cars ahead of him stop as well. According to unconfirmed reports, he was speeding at the time, and unable to stop his truck, which slammed into the back of Ms. McElhaney's Mercedes Benz, which in turn rear-ended the car ahead of it. In total there were five cars involve in the accident.

Paramedics transported four people, including McElhaney, to Palomar Medical Center. The three other victims were treated for minor injuries and released.

View Larger Map

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 (760) 571-5500 for a free and confidential consultation, or fill out an online inquiry.

Watch this excellent video from the Consumer Attorneys of California about what lawyers are doing now, and have done for centuries, to protect the rights of individuals. I particularly like that it highlights California's Medical Injury Compensation Reform Act (MICRA) and the injustice it has caused. Most people don't realize that the non-economic damages caused by medical errors (non-economic = pain, suffering, and overall impact the injury has caused) cannot exceed $250,000.00...ever. That amount was set in the early 1970s and has never been adjusted. Imagine, if a young mother was killed by a negligent driver, a jury would deservedly give her surviving husband and children hundreds of thousands of dollars, maybe millions. If a negligent doctor causes the death, her life can't be worth more than $250,000.00.

Watch this:

Source: Consumer Attorneys of California

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

The Bahia Hotel must be feeling a bit lucky today. On Saturday a walkway bridge that loads guests on and off the Bahia Belle bay cruiser collapsed, sending approximately 50 people, including an infant in a stroller, into the water. In what could have been a a very serious disaster, apparently no one was seriously injured.

Witnesses told NBC San Diego that about 100 people were waiting to get on the boat, but had to wait for those disembarking the boat to leave first. Staff from the Bahia Hotel told those waiting to move to the left to let leaving passengers get by when, without warning, the bridge gave way.

Robert Wait told NBC that "the bridge itself twisted like a snake, people were going off." The actual drop to the water was approximately 15 feet.

“The next thing I knew I was thrown into about 3 feet of water with everyone else,” an anonymous witness said. “People went down all around me, a lot of people fell on top of other people, and a few people were still clinging to the dock. Everyone was confused, trying to get up.”

Two guests were transferred to a hospital with what were described as minor injuries minor injuries.

Source: NBC San Diego

The Walton Law Firm of San Diego represent individuals who have been injured in all types of incidents, including property injuries, defective products, car accidents, worksite injuries, food poisoning, pedestrian injuries, construction accidents, and malpractice matters. Call (760) 571-5500 for a free and confidential consultation.

Two men were looking under the hood of their broken down Honda on the left side of northbound I-5 near SR-52 when they were slammed from behind by a large sedan, which was previously hit in what was described as a 5-car accident. The crash caused the two men working on the Honda to be thrown into the air, and both were rushed to the hospital with major injuries. A woman who was with the men was also hospitalized, but her injuries were considered to be non-life threatening.

The accident caused a major traffic jam on both I-5 and SR-52. A pregnant woman in labor was heading west on the 52 when the accident occurred and got stuck in the ensuing traffic jam. The woman was able to pull off the freeway, and paramedics were called, but, due to the traffic, couldn't reach the pregnant woman in time. She delivered a baby girl on the side of road.

Because of the severity of the accident, it took several hours to clear the freeway lanes.

Source: SignOnSanDiego.com

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

One of the most maligned jury verdicts in United States history is the McDonald's coffee case. You can approach 100 people on the street and ask if they've heard of it, and 95 will have heard of it, and a majority of those will have a negative opinion. The case has been used as an example of how our jury system fails us, and how lawsuits are nothing more than lotteries, with frivolous claimants hoping to hit it big.

But what most people don't know is that the true case of Stella Liebeck, the plaintiff in the McDonald's coffee case has a very compelling story. Now filmmaker Susan Saladoff is trying to complete a documentary about the case, and to get the true facts out there.

For example, most people are not aware that:

• Ms. Liebeck was not driving at the time of spill, but was a passenger.

• After the spill, a vascular surgeon determined that Ms. Liebeck suffered third-degree burns over 6 percent of her body, on the area of her inner thighs, perineum, buttocks, and genital and groin areas. She required skin grafting surgery.

• She offered to settle her case for $20,000, but McDonald's rejected it.

• During discovery, McDonalds produced documents showing it had received more than 700 claims by people burned by its coffee between 1982 and 1992.

According to the website, Hot Coffee the movie will reveal what really happened to Stella Liebeck, and explore "how and why the case garnered so much media attention, who funded the effort and to what end. After seeing this documentary film, you will decide who really profited from spilling hot coffee."

Here's a trailer for the movie, which is currently raising funds to complete.

Source: HotCoffeeTheMovie.com

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 (760 571-5500 for a free and confidential.

A volunteer on the museum ship Star of India was killed on Sunday after he fell approximately 40 to 50 feet from one of the ship's pasts. According to witnesses, 68-year-old Gregory Gushaw on the starboard side of the forward mast performing training exercises with other volunteers when he fell. He apparently struck his head during the fall, and plunged into the water.

Mr. Gushaw was wearing a safety harness at the time of his fall, and had apparently performed the exercise many times before. Harbor police are conducting an investigation and have notified Cal-OSHA. The investigation will include the condition of the harness to determine if its failure played a role in the accident. The San Diego Union Tribune is reporting that Mr. Gushaw, a retired naval officer, was a longtime volunteer and a tour guide, as well as a member of the museum's board of directors.

One witness said that were at least 60 volunteers on the ship at the time of the accident, and at least one of them jumped into the water to provide assistance to Mr. Gushaw. The response by volunteers and public safety was swift, and treatment was being provided within minutes. Unfortunately, Mr. Gushaw could not be revived at the scene.

Source: San Diego Union Tribune

The Walton Law Firm represent individuals who have been injured in all types of incidents, including property injuries, defective products, car accidents, worksite injuries, food poisoning, pedestrian injuries, construction accidents, and malpractice matters. Call (760) 571-5500 for a free and confidential consultation.