Mail Carrier Dies After Dog Attack

June 12, 2010
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A postal worker died last week after suffering blunt head trauma while on his postal route in Oceanside. According to reports, Hao Yun "Eddie" Lin of Poway was walking his route at the 500 block of Stanley Street when he encountered a large dog, possibly a Rottweiler. While it's unclear what exactly happened next, it appears that in his effort to avoid the dog, Mr. Lin fell and struck his head, causing the fatal head injury. Sadly, Mr. Lin leaves behind three young children, including a 4-month-old daughter.

Both the Oceanside Police and the San Diego Humane Society are still trying to figure out exactly what happened. Lin's wife told the North County Times that she was frustrated with the pace of the investigation, and wants answers. She said that she is aware that the dog jumped on her husband and that the dog attacked another letter carrier years earlier. It is reported that the dog was euthanized at the owner's request.

As to legal liability, assuming the dog caused the death, the owner of the dog will be held strictly liable to the family under California's dog bite statute. Under the law, there are very few defenses. If a dog causes injury - even if the dog is being playful - the owner will be held liable. A dog bite is not required for liability purposes.

This is, obviously, a very serious case. Hopefully the owner of the dog was responsible enough to maintain some kind of insurance policy that covers acts such as this. These young kids lost a father who, by news accounts, was totally devoted to his family.

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Source: North County Times

The accident and injury lawyers at Walton Law Firm represent individuals who have been injured in all types of accidents, including dog attacks / bites, auto accidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 or (866) 607-1325 for a free consultation.

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Posted In: Dog Bites , Oceanside Accident , Personal Injury , Poway Accident

Personal Injury Claims Part of Source of Conflict At Tri-City Medical Center

April 26, 2010
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Tri-City Medical Center is probably in the news way more than it wants to be. For the last few years, the hospital has been the subject of much turmoil, from serious budget problems, to battles with unions, but it had hoped to move beyond all of that a year ago when it hired Larry Anderson as its CEO. Anderson had a track record of turning troubled hospitals around and making them profitable.

Last week, however, that all changed when Anderson was fired, then rehired in a 24-hour period. On Monday the board of directors voted 4-3 to oust Anderson, and then reversed itself the following day, allowing Anderson to stay on until August, when his job performance is scheduled to be reviewed.

Anderson spoke to the North County Times about the turmoil, and said his flirtation with unemployment was due to fundamental disagreements over recent business deals he has entered into on the hospital's behalf. One of those deals addresses how uninsured personal injury victims would be treated, and how the hospital could be compensated.

Personal injury lawyers throughout North County will tell you that it is not uncommon to have legitimate personal injury clients without medical insurance call for legal advice. It's a conundrum. These folks (most of them fully employed) have good cases, need non-emergent medical help, but have no insurance and no family doctor. Yet the insurance company of the negligent actor that caused the injury (auto insurance, homeowner's insurance, etc.), won't pay a claim until the injured party has completed medical treatment. What do most attorneys do? The either try to find a doctor that is willing to treat the client on a lien, or send them off to the emergency room.

This is where Anderson got it right, but where he has ruffled feathers. He entered a deal with a company called Medical Acquisitions Corp., which will underwrite the medical expenses of individuals with valid personal injury claims, then, when the case resolves and the victim is compensated, the cost of medical care will be reimbursed to the hospital. This is a way to recoup costs for treatment that would otherwise have been provided to a patient without any ability to pay. Tri-City hospital provides about $20 million in care to individuals who are uninsured. A certain percentage of those are accident victims who arrive at the hospital without insurance, but who the hospital will provide care. This program at least provides a chance that the hospital will get compensated for some of the care.

Board member Ron Mitchell, without explanation, thinks it’s not "ethical" for a community hospital to be in "this type of business." But Anderson sees a way for his hospital to get compensated. Regardless of what one thinks of personal injury claimants (and, ahem, their attorneys), this is simply smart business.

Source: North County Times

The North County 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.

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Posted In: North County Accidents , Oceanside Accident , Poway Accident , Vista Accident

Judge Orders Woman to Stand Trial in Pedestrian Death

February 11, 2010
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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.

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Posted In: Pedestrian Accidents , Personal Injury , Poway Accident , San Diego Personal Injury

Decade Old Teen Driving Laws Seldom Enforced

November 3, 2009
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The car accident deaths of two San Diego teens and prompted a reexamination of the enforcement of teen driving laws that were enacted a decade ago. Under those laws, teen drivers ages 16 to 18 are prohibited from driving a vehicle with anyone under 20 years old in the car during the year after they first get their license, unless an adult was present. [Cal. Veh. Code 12814.7] The teen license is called a provisional license.

It is widely agreed that teenagers that follow the law are safer drivers. In the case of the two local deaths, there is a good chance both accidents would have been presented with an adult in the car. Studies have shown that when a teen has one other teen in the car, the risk of a car accident doubles. With three or more passengers, the risk quadruples.

But many believe that the teen driving laws are rarely enforced. Under the law, a teen cannot be cited solely for violating the provisional license. They must be pulled over for some other infraction first. According to CHP officer Lew Hall, most officers don't write many tickets for provisional license violations because they are more focused on the driving infraction, and may not notice that the driver had been licensed for less than a year.

Last year, CHP cited 2,106 teen age drivers for driving in violation of their provisional license. Many believe the laws have been working. Only two years after the laws were enacted in 1998, car accidents involving 16-year-old drivers dropped 24 percent. In 2007, the last year data was available, personal injury and fatal accidents involving 16-year-old drivers were at a 13-year low.

Source: North County Times

The Walton Law Firm represent accident victims throughout San Diego County and has recovered millions of dollars for individuals involved car accidents, motorcycle accidents, pedestrian injuries, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, insurance disputes, and medical malpractice suits. Call (760) 607-1325 for a free consultation.

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Posted In: North County Accidents , Oceanside Accident , Personal Injury , Poway Accident , San Diego Car Accident

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