The trial court would have none of it, and dismissed the case on summary judgment. Beninati then appealed. Yesterday, California’s Court of Appeal, First District, affirmed the trial court, holding that the promoter owed no duty of care to Beninati, and that Beninati was barred by the doctrine of primary assumption of risk.

The facts are actually pretty interesting. Beninati, who is a college educated man employed in real estate, was attending the festival for the third time. In his deposition, he testified that he attended to get away from his workaholic life, and get together with other people who shared his interests in art and spirituality. He planned on attending with his friend, who died in a motorcycle accident six weeks before the festival. Beninati decided to attend alone, and planned to place a photo of his deceased friend in the bonfire.

That’s when things went wrong.

As the fire died down, and Beninati slowly approached it, stopping at a spot where fire was on both sides of him. He threw his friend’s photo on the fire and watched it burn. He then took a few steps forward and tripped on something “solid," falling into the fire and badly burning his hands.

The appellate court considered all the facts, then ruled (correctly probably) that Beninati assumed the risks of what he was doing:

Once much of the material had burned, and the conflagration had subsided but was still actively burning, Beninati and others walked into the fire. At that point, the risk of stumbling on buried fire debris, including the cables which necessarily had collapsed along with the sculpture, was an obvious and inherent one. Thus, the risk of falling and being burned by the flames or hot ash was inherent, obvious, and necessary to the event, and Beninati assumed such risk.

To read the entire opinion click here. (.pdf)

The San Diego personal injury lawyers at Walton Barber LLP represent individuals injured in all types of accidents, including car accidents, motorcycle accidents, construction accident, slip and falls, dog bites, and malpractice matters. Call (790) 607-1325 for a free consultation, or fill out an online contact form.

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 Barber LLP represent individuals and families who have been victimized by the conduct of others. Call (866) 607-1325 for a free consultation.

Sue has started a website www.poolsafetyadvocates.org, to highlight and warn about the dangers of this particular pool filter, which is being used on hundreds of pools today. The Consumer Product Safety Commission, which tracks such explosion incidents, says that there have been at least 22 similar incidents since 1982, for of those resulting in death.

The two-piece pool filter at issue here is held together by a clamping system that critics say loosens over time. This creates a weakness between the filter pieces, creating a volatile danger when pressure builds.

"The original design is so dangerous," said Michael Workman, a North Carolina-based attorney, "(Manufacturers) would say it is easier to clean if you just have to take off the clamp."

Last November, Sue received an undisclosed settlement of a lawsuit against the pool filter manufacturer.

Walton Barber LLP represents individuals who have been harmed by defective and/or unsafe products. Please call for a free and confidential consultation.

Col. Adele Connell tried to bring a claim against Walter Reed Army Medical Center when her physician mistakenly operated on the wrong breast during a cancer surgery, and removed healthy tissue and lymph nodes. The negligent surgery caused her become disfigured. Her medical malpractice case was dismissed under the Feres Doctrine, which prohibits such claims. The congressional bill would change that.

"These last eight months have been unbelievably difficult," said Connell, who has served for more than 30 years. "The reason I am going public is that I want to try to improve the military for soldiers serving all over the world."

The legislation passes, it would be retroactive to 1997, potentially affecting the outcome of several pending lawsuits.

The malpractice lawyers at Walton Barber LLP represent individuals and families who have been impacted by medical negligence and other negligence related accidents. Cases are taken on a contingency fee, and all consultations are free and confidential.

The CHP said that accident occurred at approximately 2:25 p.m. The injured worker was taken by ambulance to a nearby hospital where he is being treated for several fractures and internal injuries. He is expected to survive.

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The San Diego car accident lawyers at Walton Barber LLP represent individuals and families who have been injured in all types of automobile accidents. Call (866) 607-1325 for a free consultation.

Since 1999, when Zicam was first introduced to the market, the FDA has received 130 reports of users of Zicam losing their sense of smell. In 2006, Matrixx paid $12 to settle 340 lawsuits filed by consumers who alleged they had lost their sense of smell. That amounts to just over $35,000 per lawsuit. Hundreds more lawsuits have been filed since then.

According to scientists, Zicam contains zinc gluconate which is an acid. When users would inhale the product, the zinc gluconate would burn the olfactory receptors at the top of the nose causing a permanent loss of smell.

Matrixx denied that Zicam has caused any harm but has voluntarily withdrawn its Cold Remedy Swabs and Cold Remedy Gel from the market.

Walton Barber LLP represents individuals who have been harmed by defective and/or unsafe products. Walton Barber LLP has already represented one individual who lost her sense of smell from using Zicam. If you have suffered a loss of your sense of smell due to the use of Zicam Cold Remedy Swabs or Cold Remedy Gel, please call us for a free confidential consultation.

The study, which was funded by Bloomberg Philanthropies, also found that well over 1 million people die annually in car accidents, and that more than 20 million are injured. Nearly half of the fatalities involve pedestrians, bicyclists, and motorcycles.

“Very few people realize that this is one of the leading causes of death in the world, and the leading cause of death for young people,” said Dr. Etienne Krug, director of injury and violence prevention programs at WHO. “Because it happens one by one, here and there and not in mass events, it gets less attention.”

The report is based on data from a 2008 survey of 178 countries, representing 98 percent of the world’s population.

To view the entire study click here. (Large .pdf file)

The accident and injury lawyers at Walton Barber LLP represent individuals and families who have been injured in all types of accidents, including car accidents, motorcycle accidents, trucking accidents, bicycle accidents, construction accident. Call (866) 607-1325 for a free consultation.

In California, individuals may sue for violations of the ADA under the Unruh Act. (Civil Code § 51) The Unruh Act was enacted in 1905 to provide the citizens of California with full and equal treatment in places of public accommodation. In 1992 the California legislature amended the Unruh Act to specifically provide that a violation of the ADA also constitutes a violation of the Unruh Act, thus providing claimants with the remedies provided by Civil Code § 52. These remedies include up to a maximum of three times the amount of actual damage but in no case less than $4,000 per violation, plus attorney's fees. (Civil Code § 51(f))

Prior to Munson, California courts have held that a claimant must establish that the ADA discrimination was intentional before being permitted to obtain the remedies provided by § 52. Following an analysis of both the Unruh Act and the ADA, the Supreme Court of California held that, "a plaintiff proceeding under section 51, subdivision (f) may obtain statutory damages on proof of an ADA access violation without the need to demonstrate additionally that the discrimination was intentional."

Walton Barber LLP defends property owners, landlords and business owners against claims of ADA violations. If you have been sued or served with a notice of intent to sue for a violation of the ADA, please contact us for a confidential consultation.

The car accident attorneys at Walton Barber LLP represent individuals and families who have been impacted by accidental injuries and death. Call (866) 607-1325 for a free consultation.

According to witnesses, an Acura or Honda was tailgating a Ford Fusion then tried to pass it, sideswiping the Ford and pushing it into an Audi. That caused the Audi to strike a Mitsubishi Montero head on. The driver of the Acura or Honda, which had tinted windows and spinner wheels, was described as a man in his early 20s with a tattoo on his left forearm.

Two of the three people killed were Cedric Page and his niece 11-year-old Zaria Williams. Williams was going to graduate from the fifth grade on June 10.

Any person with information about the hit-and-run crash is asked to call the CHP at (951) 769-2000.

Sleep scientists at Harvard University have renewed a call for federal regulations that requires mandatory testing of all obese drivers. These researches believe that there is a strong link between obese drivers and truck crashes that kill more than 5,200 and injure over than 100,000.

“Screenings of truck drivers will be ineffective unless they are federally mandated or required by employers,” said researcher Dr. Stefanos N. Kales.

There have been numerous reports of truck accident fatalities due to drivers with sleep apnea. In May 2005, a Kansas mother and her 10-month-old child were killed when a truck collided with their SUV, and a Tennessee Highway Patrol officer died in 2000 when a truck struck his police car as he guarded a highway work zone. The drivers of both we known to have suffered from sleep apnea. Some studies state that nearly one in three drivers has sleep apnea, and that sleep apnea increases the risk of an accident by two to seven times.

Federal regulators have been considering a new regulation for more than a year that would require screeing drivers whose body mass index exceeds 30. No action has yet been taken on the new rule.

The San Diego personal injury lawyers at Walton Barber LLP represent individuals and families who have been injured in all types of accidents, including car accidents, motorcycle accidents, trucking accidents, bicycle accidents, construction accident. Call (866) 607-1325 for a free consultation.

Depending on the severity of the auto accident, at-fault drivers will receive a bill from $435 to $2,100, which was calculated based on the hourly labor and equipment costs for public safety officers. If firefighters simply provide traffic control, the bill will be on the lower end, if the assistance is more involved, such as extracting victims from badly damaged vehicles, then the bill will be on the higher end.

Opponents of the new ordinance contend that the fee represents "double taxation," since existing property taxes presumably already cover these services. But most of the opposition, it is no surprise, has come from the insurance companies themselves, who threaten (as usual) that the rates for all will rise under such laws.

The double-taxation argument does have some teeth. Several states have already banned such a "crash tax," and a pending bill in Sacramento aims to do the same in California.

The personal injury lawyers at Walton Barber LLP represent individuals and families who have been injured in car motorcycle accidents, and all other accident and injury matters. Call (760) 607-1325 for a free consultation.

In a 3-0 ruling, San Diego 4th District Court of Appeals reversed the award, holding that the trial court's ruling...

...was improperly based on a line of decisions that concerns an employer's authority to mandate that a tip given to an individual service employee must be shared with other employees....There is no decisional or statutory authority prohibiting an employer from allowing a service employee to keep a portion of the collective tip, in proportion to the amount of hours worked, merely because the employee also has limited supervisory duties. Accordingly, we reverse the judgment and order the trial court to enter judgment in Starbucks' favor.

Under California law, owners, managers or other “agents” of business owners cannot share in tips given to specific employees. The question in this case dealt with the role of the supervisor, who, it was argued, also performed the duties of a regular barista during shifts. Attorneys for the baristas plan on appealing the ruling to the California Supreme Court.

To read the entire opinion, click here (.pdf).

The civil litigation attorneys at Walton Barber LLP provide free consultation on all civil litigation matters. Call (866) 607-1325 to schedule an appointment today.

According to news accounts, the cause of the accident has not been determined, but the truck reportedly overturned. Four ambulances were called to the scene, and the victims were taken to local hospitals. Two of the victims suffered serious injuries.

The auto accident lawyers at Walton Barber LLP represent individuals and families who have been impacted by accidental injuries and death. Call (760) 607-1325 for a free consultation.

"The first thing I remember thinking was I knew I had to get over there as fast as possible. It was go time," said Schwabenbauer.

The SUV was had a tire failure and rolled several times before stopping, upside down in the right lane.

"When I got to the side of the road, I saw there was a lady inside," he said. "I jumped inside and got her seat belt off, but I noticed her leg was stuck between the car and the ground. We had to rock the car up in order to pull her out."

Once she was removed, Schwabenbauer could see the severity of her injuries, which included major damage to her lower leg. He then used her belt as a tourniquet to stop the bleeding, and comforted the woman to keep her from going into shock.

Schwabenbauer had medical training in the Marine Corp, and used that knowledge at the scene. Authorities have credited Schwabenauer, and his Marine friend Lance Cpl. James Nielsen, with saving the woman's life.

The San Diego accident and injury lawyers at Walton Barber LLP represent individuals and families who have been injured in all types of accidents, including those caused by product defects, car accidents, motorcycle accidents, bicycle accidents, construction accident. Call (866) 607-1325 for a free consultation.