San Diego Injury Law Blog

Toyota Sued for "Endangering Public"

Fri, 12 Mar 2010 10:48:39 -0800

The Orange County District Attorney's office has filed a civil lawsuit against Toyota Motor Company for "knowingly selling hundreds of thousands of vehicles" with defects to the acceleration system. Toyota's U.S. sales headquarters is in Torrance, but it has not yet received the complaint.

As a result of its well known accelerator problems, which infamously may have killed an entire San Diego family in August 2009, Toyota has recalled more than 6 million cars. U.S. regulators are now reporting at least 52 deaths associated with the problem, and currently there are 89 class actions lawsuits against Toyota, and many other individual personal injury and product liability claims.

Toyota is stating it is "mystified" by the most recent allegation of an accelerator mishap involving a Toyota Prius, previously not believe to have accelerator problems. James Sikes called 911 while traveling on I-8, claiming he could not slow down his Prius. After a long, harrowing drive, and with the help of CHP he was able to stop the car, which he said was accelerating on its own.

Since that high-profile incident, Sikes himself has become the focus of the story, and questions have been raised about the veracity of his claims. Not surprisingly, Sikes hired an attorney shortly after the incident, but has stated publically that he does not plan to sue. (related story)

Source: San Diego 6 News

The personal injury law firm of Walton Law Firm represents individuals who have been injured in all types of accidents, including auto accidents, motorcycle accidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free consultation.

Triathlon Volunteer Receives $7 Million Settlement

Tue, 09 Mar 2010 14:49:06 -0800

A volunteer for the Los Angeles Triathlon received a settlement of $7 million from the City of Los Angeles after being rendered a paraplegic in an accident related to the race.

Steve Albala was riding on his motorcycle and helping officiate the bicycle leg of the triathlon when he was struck by a car at an intersection. According to reports, the intersection was being controlled by a traffic officer, who motioned for the vehicle to proceed, despite Albala's presence on the motorcycle. The force of the impact threw Albala nearly 20 feet, causing a fractured spine and spinal cord damage, and requiring several surgeries and nearly two years in the hospital.

Interestingly, a police report at the time concluded that Albana was speeding, but in the lawsuit those conclusions were successfully challenged. The city also paid $250,000 to Albana's passenger, who was also injured, and $500,000 to the driver of the car involved.

Albala was represented in the case by Beverly Hills lawyer Douglas S. Aberle of Levitt, Leichenger & Aberle.

Source: Los Angeles Times

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

San Diego Marines Motorcyle Deaths Decline Due to Marine Corps Increased Safety Efforts

Mon, 01 Mar 2010 10:42:32 -0800

The number of local Marines killed while riding motorcycles decreased for the first time in three years. The decrease is the result of new safety classes made available to Marines at Camp Pendleton and Miramar Air Force Base. In particular, the Marines are targeting those who ride sport bikes which are lightweight, powerful and popular with younger riders. The course teaches practical skills and mental training according to Richard Stampp, who works with Camp Fox Professional Services which designed and delivers the new course. The Marines have made the new course more accessible, and riders don't have to wait to get into the course. At both Miramar and Camp Pendleton, riders can enroll very soon after signing up for it. As another means to promote safety, the Marines are encouraging more experienced riders to act as mentors for those with less experience. The mentors hold monthly rides and demonstrate safe riding techniques. Marine leaders are committed to training riders and helping them avoid injury and death.

Source: North County Times.

Walton Law Firm, a North San Diego County law firm, represents accident victims throughout San Diego, Orange and Riverside Counties and has recovered millions of dollars for individuals injured by car accidents, pedestrian accidents, motorcycle accidents, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, insurance disputes, and medical malpractice suits. Call (760) 571-5500 for a free consultation.

Pedestrian Killed By School Bus in Fallbrook

Fri, 26 Feb 2010 10:33:19 -0800

It is being reported that a Fallbrook school bus struck a man in the 1700 block of Reche Road killing him. According to news reports, the man was "drawing on the road with chalk" when the bus hit him and knocked him into a Ford Explorer. The accident occurred in front of Potter Junior High School.

The driver of the 25-seat bus, Gabriel Perez, told SHP that the pedestrian looked up but did not move out of the way in time. It is not clear what the man was doing in the middle of the road.

Local news coverage of this story can be found by clicking here, here, and here.

The North County based personal injury law firm of Walton Law Firm represents accident victims throughout San Diego County and has recovered millions of dollars for individuals involved car accidents, pedestrian accidents, motorcycle accidents, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, insurance disputes, and medical malpractice suits. Call (760) 571-5500 for a free consultation.

Toyota Revelations May Free Jailed Man

Thu, 25 Feb 2010 09:41:37 -0800

In 1996, Koua Fong Lee killed three people when, on his way home from church with his wife and daughter in the car, his Toyota Camry plowed into the rear of an Oldsmobile. At the time, Lee told police and prosecutors, and later a jury, he tried to stop his care but he couldn't. The jury didn't believe him and convicted him of manslaughter. He was sentenced to eight years in prison.

Now his case is being viewed differently. Relatives of the victims now believe Lee is innocent, and are planning to sue Toyota for the deaths. The prosecutor in the case believes the revelations about Toyota's accelerator problems support a second look at Lee's conviction. Lee has been steadfast in his innocence:

"I know 100 percent in my heart that I took my foot off the gas and that I was stepping on the brakes as hard as possible," Lee said from state prison. "When the brakes were looked at and we were told that nothing was wrong with the brakes, I was shocked."

A Toyota spokesman declined to comment on Lee's case.

Source: HuffingtonPost

The personal injury lawyers at Walton Law Firm represent individuals who have been injured in all types of accidents, including auto accidents, product liability cases, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free and confidential consultation.

Medical Malpractice: New Tool Helps Find Instruments Left Inside Patients

Mon, 22 Feb 2010 17:37:30 -0800

A new device that tracks and locates retained objects (surgical items left inside a patient after an operation) is getting attention. The RF Surgical Detection System uses a wand to scan the surgical area to find any tagged items that might have been left inside the patient. Tags are small seed-like items that are embedded in gauze and surgical sponges.

According to the New England Journal of Medicine a major hospital can expect to have one or more cases of retained objects per year. Those figures however, were based on actual medical malpractice claims, so the real number is probably higher. It is generally believed that an object is left in the body in 1 of every 8,000 surgeries, the most common item being the surgical sponge.

Most hospitals rely on a counting system. Nurses count the number of sponges that are being used in a procedure, and then make sure they have the same number of used sponges in sight before closing the patient. If the count doesn't match, then the patient cannot be closed. Sometimes, however, nurses count incorrectly (or forget).

"With this system, if that should ever happen and the count still comes out correct, you still are able to wand the patient," said Kim Stache, administrative director of surgical services at Edward Hospital in Naperville, Ill., which started using the system in December. Because of the RF seed, if there is still a sponge in the body or the opening, it would beep at us to let us know, hey, there's still something in the wound.“

Currently more than 100 hospitals are using the system, which costs about $15 per surgery. The results have been generally positive.

Source: Chicago Tribune

Avandia Causes Heart Damage Government Concludes

Sat, 20 Feb 2010 09:15:23 -0800

The New York Times has obtained a government report that concludes that the drug Avandia [aka Rosiglitazone], prescribed for diabetes, causes heart attacks and heart failure and should be removed from the market. According to the report, if every diabetic currently on Avandia were instead given Actos, an alternative drug, about 500 heart attacks and 300 cases of heart failure would be avoided every month.

Because of a multimillion dollar advertising blitz, Avandia was, at one time, one of the biggest selling drugs in the world. In 2006, sales of the drug totaled over $3 billion dollars. In 2007, however, a study by a Cleveland Clinic cardiologist suggested that the drug actually damaged the heart, and after a warning from the FDA, sales of the drug dropped dramatically. Despite the findings of heart damage, the drug stayed on the market when "an F.D.A. oversight board voted 8-7" too keep it on the market. (It would be interesting to know the politics at work behind that decision.)

“Rosiglitazone should be removed from the market,” concluded Dr. David Graham and Dr. Kate Gelperin of the FDA in the report obtained by the Times. GlaxoSmithKline, the drug's manufacturer, disagrees (of course). It has stated that Avandia has been thoroughly tested and that “scientific evidence simply does not establish that Avandia increases” the risk of heart attacks.

A bipartisan multiyear Senate investigation, which will release its report on Monday, will apparently harshly criticize GlaxoSmithKline for failing to warn patients years earlier that Avandia was potentially deadly. According to the forthcoming report from the Senate:

“[GlaxoSmithKline] executives attempted to intimidate independent physicians, focused on strategies to minimize or misrepresent findings that Avandia may increase cardiovascular risk, and sought ways to downplay findings that a competing drug might reduce cardiovascular risk.”

Ultimately, this will be a story about the quest for profits at the expense of human lives.

Source: New York Times

The lawyers at Walton Law Firm represent individuals throughout San Diego County who have been injured in all types of incidents, including product defect claims, malpractice claims, car accidents, motorcycle accidents, an all other negligence induced incidents. Call (760) 571-5500 for a free consultation.

Escondido Dog Bite: Jogger Bitten Near Own Home

Wed, 17 Feb 2010 07:23:36 -0800

A 56-year-old man who had just finished a jog suffered serious dog bites to his forearm and hands when two wandering pit bull-mix dogs attacked him near his home. According to the North County Times, the dogs had a history of aggression, and even a history of biting.

According to the victim, Tom Atkinson, he had just finished a jog on Rock View Glen in Emerald Heights when he noticed the two dogs growling at a neighbor's dog, which was on leash. As he approached the neighbor to talk, the two dogs attacked. He fought back, and the dogs eventually ran away.

The Escondido Animal Control responded to the attack and impounded one of the dogs, which was placed on a 10-day quarantine. Officials said that one of the dogs had another reported bite incident in the past 36 months.

Under California's dog bite law, the owner of the dogs faces strict liability, and even the threat of punitive damages because of the prior bite. Under strict liability, the owner is presumed liable for the attack and the subsequent injuries, which would include any economic damages suffered by Atkinson (medical bills, lost wages, etc.), and a reasonable sum for the pain, scarring, anxiety, suffering, and inconvenience the attack has caused.

Source: North County Times

Based in North San Diego County, the Walton Law Firm represents individuals and families in personal injury cases, including car accidents, dog bites, medical malpractice, motorcycle accidents, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, and insurance disputes. Call (760) 571-5500 for a free consultation.

Highway Work Zone Crashes Decline, But Dangers Still High

Tue, 16 Feb 2010 06:43:25 -0800

The North County Times is out today with an article on highway work zone safety. The good news is that the number of accidents and injuries is down. The bad news is that doing road work is still a very dangerous way to earn a living.

Nick Nusser is a contractor from Atkinson Construction, and is one of many workers who make their living working on the side of the highway while cars race by. His "office is the freeway," which, he says, makes him keep his "head on a swivel." The only thing keeping him safe from careless drivers is a low concrete divider and an orange vest.

Despite the obvious dangers of working on the highway - which have no doubt increased with the advent of texting - the number of car accidents in work zones has actually declined over the last decade. The number of crashes statewide has declined from 6,901 in 1998 to 4,374 in 2008. Injuries and fatalities have also declined dramatically.

CalTrans officials credit the reduction in accidents and injuries to safety campaigns, which will continue as a result of a $3 million grant. High fines have also played a role in the improved safety, officials say.

To read the entire North County Times article click here.

Here are some statistics for accidents, injuries, and fatalities in highway work zones:

1998

54 fatalities

3,537 injuries

6,901 vehicle collisions

2008

45 fatalities

2,062 injuries

4,374 vehicle collisions

1998 San Diego / Imperial Counties

4 fatalities

246 injuries

330 vehicle collisions

2008 San Diego/Imperial Counties

4 fatalities

169 injuries

319 vehicle collisions

Source: Caltrans

Judge Orders Woman to Stand Trial in Pedestrian Death

Thu, 11 Feb 2010 15:47:10 -0800

A Poway woman with a history of driving while intoxicated was ordered by a San Diego judge to stand trial for vehicular manslaughter after killing pedestrian Kristen Ann Bedard as she walked to work at Target. According to prosecutors, defendant Becky Anderson has two prior DUI convictions from the late 1990s when she lived in Minnesota.

The accident occurred on November 23, 2009 when Anderson was driving south on Community Road. According to witnesses, she swerved into the bike lane near Aubry Road and struck Bedard who was walking. During a hearing yesterday, a sheriff's deputy testified that Anderson's vehicle drove up on the sidewalk, hit Bedard, that drove for another 100 yards before stopping.

When police arrived on the scene Anderson admitted that she was still feeing the effects of three Valiums she had taken the night before. She said, "I'm not going to lie to you. I still feel the effects. I probably shouldn't have been driving. What's going to happen to me?" Testing later established that the depressants were found in her blood.

Anderson will be back in court on March 2 to be arraigned. She faces 15 years to life.

Source: 10News.com

Based in North San Diego County, the injury and accident lawyers at Walton Law Firm represent individuals throughout San Diego County who have been injured in all types of accidents, including auto accidents, pedestrian accidents, medical malpractice, injuries on the property of another, construction accidents, and elder abuse and neglect. Call (760) 571-5500 for a free consultation.

Fatal Car Accident Raises Question: How Old is Too Old to Drive?

Sat, 06 Feb 2010 08:12:47 -0800

In the 24-hour period after the death of 15-year-old Lucas Giaconelli, the Vista boy hit by a car while riding his skateboard, police were looking for a hit-and-run driver. Those of us who followed the story assumed it was some felonious character, who probably fled the scene because he (or she) had something to hide. When a 92-year-old man turned himself in the following day, people were stunned. Not necessarily because he was 92, but because despite a major impact - his car was damaged - he was totally unaware that he had hit a person.

This terrible tragedy raises the question: when is someone too old to drive? For friends and family of Lucas, this man should never have been allowed to have his license renewed. As one said, “If he's 92 years old, why is he on the streets driving?"

There has been a recent spate of San Diego car accidents involving elderly driver, including fatalities. Last year an elderly driver slammed into a Chula Vista home. In October, a 75-year-old man drove of a cliff in Point Loma and died when he mistook the accelerator for the brake. And just a few months ago, an elderly man with no known medical problems drove into an El Cajon Carl’s Jr., killing a diner.

According to the DMV, a California driver over 70 years can not renew a driver's license by mail, but there are no other mechanisms in place monitor elderly drivers. It is really up to individuals and families to determine when it is too old to drive.

Source: 760Kfmb.com

The car accident and injury lawyers at Walton Law Firm represent individuals throughout San Diego County who have been injured in all types of accidents, including auto accidents, motorcycle accidents, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free consultation.

Worker Injured in Vista Grocery Store Explosion

Wed, 03 Feb 2010 06:10:01 -0800

VISTA - A man working on the refrigeration system at Northgate Market in Vista suffered concussive injuries yesterday when a pressurized tank exploded. The explosion caused major damage to the store. The injured man was taken to a local hospital.

It is currently unclear what caused the explosion, but authorities say the company was hired by the store to replace a compressor. The store remained open during the work, and arrangements were made to keep foods chilled while the compressor was changed. It's unclear how that was done, and whether or not it contributed to the accident.

The injured man may have barely escaped with his life. According to Vista Fire Battalion Chief Jeff Hahn, "a containment tank about the size of a scuba tank exploded with significant force, and did a lot of damage to the refrigeration system. The man was very close, but was not hit by the tank."

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Source: sandiego6.com

The San Diego North County injury lawyers at Walton Law Firm represent individuals throughout San Diego County who have been injured in all types of accidents, including auto accidents, property injuries, motorcycle accidents, pedestrian accidents, bicycle accidents, construction accidents, and wrongful death cases. Call (866) 607-1325 for a free consultation or submit a confidential online form.

Help Find Hit-and-Run Driver that Hit Vista Skateboarder

Sun, 31 Jan 2010 06:33:43 -0800

A 15-year-old Vista boy named Lucas Gianconelli was killed Friday night when he was struck by a car from behind while riding his skateboard near Thibodo Road and Edna Way. The driver, who was thought to have been speeding, fled the scene.

Police are searching for a white, 1990s model Toyota Camry with dark-tinted windows. The accident occurred just after 7:00 p.m. Anyone with information about the accident is encouraged to call (858) 565-5200.

Source: North County Times

UPDATE (2/1/10): An elderly man from Vista has turned himself in to police on the belief that he was the driver of the car that killed Lucas Giaconelli, a student Rancho Buena Vista High School. The man apparently recalls hitting something, but didn't realize it was a person until he noticed people gathering at the site. The sheriff is still investigating and hasn't decided whether to refer the matter to the District Attorney for possible criminal prosecution.

Based in San Diego's North County, the injury and accident lawyers at Walton Law Firm represent individuals and families throughout San Diego County who have been impacted in all types of accidents, including auto accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, construction accidents, and property injuries. Call (760) 571-5500 for a free consultation.

San Diego Hospitals Receive Fines for Medical Errors

Wed, 27 Jan 2010 15:01:05 -0800

The California Department of Public Health fined three San Diego area hospitals for making mistakes that could cause "death or serious injury." The implicated hospitals are Grossmont Hospital, Sharp Memorial Hospital, and UCSD Medical Center.

According to the Union Tribune, Grossmont hospital received a $50,000 fine for marking the wrong side of the head of a 93 year old, who was undergoing brain surgery. Before the mistake was realized, part of the man's skull had been removed and the brain exposed. The mistake was corrected during surgery, and the surgery completed without further incident.

Sharp Memorial Hospital was also fined $50,000 for failing to follow surgical protocols. There, a sponge was left inside the body of a 69-year-old woman who underwent heart surgery. UCSD Medical Center was also fined for failing to follow surgical procedures, resulting in a second surgery on the patient to remove a foreign object. The UCSD surgery was performed by a first-year intern.

The DPH issued a statement: “Ensuring quality patient care is vital to protecting and promoting the health of all Californians. We will continue to work with California hospitals to attain our shared goal of excellence in patient care.”

Source: San Diego Union Tribune

The personal injury lawyers at Walton Law Firm represent individuals throughout San Diego County who have been injured in all types of accidents, including auto accidents, motorcycle accidents, medical malpractice, injuries on the property of another, construction accidents, and elder abuse and neglect. Call (760) 571-5500 for a free consultation.

San Diego Car Accident Kills Man, Injures Three, Including Minor Leaguer

Sat, 23 Jan 2010 08:47:47 -0800

State Route 94 in San Diego's Spring Valley area was closed for a period yesterday after a head-on car accident that claimed the life of one man, and injured three teenagers, one of whom plays minor league baseball for the Tampa Bay Rays' organization.

According to reports, a Ford Mustang being driven by 18-year-old Andrew Bellatti was traveling eastbound on SR-94 when, for unknown reasons, the Mustang crossed over the center line, colliding head-on with a Dodge Caravan. The driver of the van, a man in his early 50s, was pronounced dead at the scene.

A passenger in the van, and Bellatti and his passenger, all suffered major injuries, but all are expected to survive. Police say there is no evidence that drugs or alcohol played a role in the accident, and they currently do not believe the Mustang was racing. They do believe, however, that Bellatti was traveling at approximately 80 mph at the time of the accident.

The Channel 8 News video here discussed the accident:

Sources covering this story: Signonsandiego.com , CBS8.com, nbcsandiego.com, and 760kfmb.com.

The San Diego County personal injury lawyers at Walton Law Firm represent individuals throughout San Diego County who have been injured in all types of accidents, including auto accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, construction accidents, property injuries, and wrongful death cases. Call (866) 607-1325 for a free consultation or submit a confidential online form.