Verdict Against Man Who Knowingly Transmitted Herpes Upheld

May 5, 2011

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The creator of an Australian hair care product will likely have to pay the $4.2 million dollar verdict rendered against him for knowingly infecting a Palm Springs woman with herpes. Thomas Redmond appealed the Riverside County verdict, but was unsuccessful. The verdict is thought to be one of the largest of its kind for this type of case.

“Ordinarily, you don't see juries give awards that big against an individual,” said USC law professor Greg Keating. “That makes you speculate that the jury sort of calibrated the award in light of the fact that guy was a real jerk.”

In the lawsuit, Redmond testified that, prior to engaging in intercourse with the woman that he informed her of his herpes, that he had it for 30 years, and that he had never infected anyone. In essence, he argued, she assumed the risk. Of course, the woman had a different story, and jury believed her.

News reports don't identify the legal theories used in the case, but it's likely the thrust of the case was presented as one of negligent and intentional infliction of emotional distress. Because $2.75 million of the award was for punitive damages, it suggests that the jury found Redmond acted with malice in the transmission of the disease.

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Elderly Menifee Woman Severly Injured by Attacking Dogs

February 2, 2011


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Two pit bull terriers were confiscated and quarantined on Tuesday after they attacked and severly bit and elderly woman while walking in the Menifee neighborhood where she lives. Witnesses say Lona Bishop, 86, was attacked early Tuesday morning on Buckwheat Road in the southern part of Menifee.

Witnesses say that Bishop was badly hurt, and had large bites on her wrist and upper arm. A relative of the victim told the North County Times that the victim was taken to Loma Linda Medical Center where she will require surgery.

Neighbor Chris Aery said he was getting ready to leave the home when he heard his dogs barking in an unusual manner. He went outside he could hear Bishop screaming for help. He ran to help, and used a golf club that Bishop was carrying to chase the dogs away.

The dogs were confiscated by the Ramona Humane Society Animal Shelter because there were no records that the animals had been properly vaccinated. According to reports, the owner of the dogs lives in Oxnard, and was visiting his father, Pete Morales, who also lives on Buckwheat Road.

Aery told reporters that the pit bulls have been a problem along Buckwheat Road for quite some time, and that recently a new litter of puppies were seen on the property.

Walton Law Firm handled a very similar case to this recently when an elderly woman from Carlsbad was attacked by roaming English Bulldogs. She too suffered cuts to her arms, and also suffered a broken wrist. A lawsuit was brought against the owners of the dogs, and a settlement was obtained on behalf of the victim.

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.

Two Riverside County Hospitals Lose Medicare Funding

April 20, 2010

Rancho Springs Medical Center and Inland Valley Regional Medical Center were informed by Medicare last week that they will lose Federal Medicare funding because of their repeated failure to follow basic care standards. The hospitals were also hit with hefty fines for serious healthcare related deficiencies.

The decision by Medicare to end funding came after an inspection in January where officials found, among other things, that pharmacists failed to ensure that dangerous medications were used in a safe manner, and where physician assistants were not properly equipped to screen patients. The hospitals have been under the watchful eye of regulators since 2007, when they were first notified of the questionable care being provided to patients.

These two hospitals find themselves in small company. Since 2000, only 32 hospitals have lost Medicare funding. And, remarkably, despite the problems, the company CEO was rewarded with a $3.4 million bonus in March.

Source: California Watch

The personal 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.

Dogs Bite, Maim Unattended Toddler

April 8, 2010

RIVERSIDE - This appears to be a story about an careless mother visiting the apartment of an unfit dog owner, resulting in a horrific attack on a six-month-old child According to reports, Point Loma resident Carrie McKinney left her baby in a carrier on the floor in her friend's apartment, then left the toddler alone with a pit bull and pit bull mix dog. When the two adults heard screaming, then came into the room of the toddler and found the dogs attacking the boy. Sadly, it appears that the dogs, which were apparently biting at the child's diaper, bit off one or both of his testicles.

According to Willa Bagwell of Animal Friends of the Valleys, an organization that provides animal control for the Murrietta area, both dogs were involved in the attack. According to Bagwell, this is the first time in over 20 years that she has seen such a serious dog bite injury on a small child. She was stunned that such a small child would be left with such large dogs, which were estimated to be 70 and 60 pounds respectively.

The owner of the dogs signed a release to allow animal control to euthanize the animals, which was apparently done yesterday.

Bagwell didn't mince words about the attack. "It was very negligent," She said. "We're just all praying for this poor baby. It's such a tragedy. And what's sad is that it was so preventable."

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Source: The Press Enterprise

The Temecula 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 (866) 607-1325 for a free consultation.

Pit Bull Kills Child in Riverside County

January 11, 2010

Three-year-old Omar Martinez died in his back yard yesterday when the family's pit bull attacked him. At approximately 3:00 p.m., 911 dispatchers received a call that the boy was not breathing at a home on Goshute Avenue in Apple Valley after being attacked by the dog. When sheriff and firefighter's arrived, the boy's grandfather opened the gate to let them in the yard, but the dog got aggressive with the firefighters, who were forced to retreat back to their vehicles. A sheriff deputy at the scene also tried to enter, and when the dog again became aggressive, the officer shot and killed it.

When rescuers finally got to the boy he was unresponsive. The boy was transported to St. Mary Medical Center where he was pronounced dead at 4:41 p.m. According to a witness, the boy and his father were playing in the backyard with the dog. When the father went in the house, the dog attacked the boy, biting him in the throat. It is unclear why the dog bit the boy, and the Sheriff's Department said there were no previous reports of an aggressive dog at the residence.

Source: San Bernardino Sun

The Walton Law Firm represents individuals and families throughout Southern California in cases 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 (866) 607-1325 for a free consultation. Temecula personal injury.

Police Search for Hit-and-Run Driver

June 9, 2009

The California Highway Patrol is looking for a hit-and-run driver that caused a multiple vehicle crash that killed three people, including an 11-year-old girl. The accident occurred last Tuesday afternoon on Highway 74 in Riverside County.

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.




Marines Help Auto Accident Victims

May 27, 2009

Here's a good story. As Capt. Thomas Schwabenbauer was on his way to the Marine Combat Center from San Diego last Sunday, he heard a crash as he was traveling on westbound I-10. He looked up to to see an SUV up in the air.

"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 Law Firm 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.

Surge in Drowning Deaths Cause Concern

May 26, 2009

It's not yet summer, and Riverside County has already had four drownings this year; all boys under the age of five. Near-drowinings are also up. In the prior year, the County had a total of seven drownings.

"We're very concerned," said Victoria Young, a nurse with the county health department. "We definitely have seen a big surge."

In California, drowning is the leading cause of death for children younger than five, with more than 80 percent occurring in backyard pools. In this year's Riverside drownings, two involved children who exited the house through the doggy-door, and the other two involved murky, unmaintained pools.

According to studies, there are more than a million pools in the state without any safety features such as a gate, fence, or net. And officials point out that such safety features are not entirely child-proof. Ultimately, officials say, the only real drowning prevention device is adult supervision.

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