San Diego Injury Law Blog

Our San Diego wrongful death lawyer has seen more than his fair share of tragedy—it’s a natural part of working in this field. No San Diego wrongful death case is more heart-wrenching than one that involves a child. Sadly, many local families continue to deal with the pain of losing a child, often following preventable tragedies. For example, in August of last year, Danny and Aja Howell lost their 3-year-old son Tyler when he choked to death on a pushpin while at his preschool, the Montessori School of Oceanside. According to an article by NBC San Diego, rescue workers attempted to save his life, but little Tyler passed away shortly after being transported to a local hospital.

Following Tyler's death, the California Department of Social Services (“CDSS”) conducted an investigation into the school's actions to try to determine what happened on that terrible day. After looking into the events leading up to Tyler's death, the CDSS concluded that the school had not accurately followed all relevant safety rules. In particular, the CDSS found that the school failed to provide adequate care and supervision, properly store classroom supplies, and provide proper accommodations for students.

At the time of Tyler's death, his mother reportedly stated that she and her husband did not blame the school for the loss of their little boy. However, a few months later, after the shock of their son's death has started to wear off, they have understandably come to learn more about what actually happened. Although people who have never suffered a loss like this one often criticize those involved in the situation, their response is not an uncommon one. Often, in the immediate aftermath of a tragedy, people are not able to think clearly about the details of the event. Instead, they are just trying to keep moving forward and make it through each day. Sometimes, it is not until weeks or even months later that families are able to fully process what happened and make rational decisions about how to move forward.

In this case, after having had the time to consider what happened to Tyler, the Howells have decided to file a lawsuit against the school seeking basic redress and accountability. The lawsuit alleges that Tyler's death was a direct result of the Montessori School of Oceanside's negligent supervision. Of course, the Howells realize that no amount of money will take away the devastation that losing their child has caused.

Our San Diego wrongful death lawyer has come to appreciate that for most residents, these suits are not about the money. It is about using our legal system to prevent future injuries and deaths. The Howells hope that by holding the school accountable for their son's tragic death, they will help to prevent the same thing from happening not only at the Montessori School, but at other schools across California and throughout the rest of the country. They recognize that although it was an accident and no one set out to harm Tyler, the best way to increase accountability and awareness is through a lawsuit that makes schools that fail to provide adequate supervision be held responsible for their neglect. Hopefully, other schools will take note of this story and of the lawsuit filed against the school, working to proactively take steps to ensure that nothing like this ever happens to another child.

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California Wrongful Death Lawsuit Results in $11.7 Million Verdict

City of San Diego Pays $1.8 Million in Motorcycle Accident Case

A tragic California wrongful death lawsuit came to an end last week when a jury awarded $11.7 million to the victim's wife and daughter. The Contra Costa Times reported that the victim was 56-year-old William Tindall, Jr.,who was killed when he stopped to help a fellow motorist who had careened off the road. The incident occurred at an intersection in Contra Costa County, California; which was, at the time, under construction.

The article notes that the county had posted signs reducing the speed limit in the area, but they never covered up the old signs that contained the usual speed limit for that road, even though to do so would have been in accordance with standard practices. The first motorist's vehicle speed, combined with an excessive amount of gravel that had been left on the road by construction workers, caused him to lose control of his vehicle and spin off the road. Tindall, who was passing by when this occurred, immediately stopped his own vehicle and rushed to aid the victim. As he was doing so, yet another vehicle lost control, in the same spot as the first and for the same reasons. That vehicle struck and killed Tindall.

As with so many California wrongful death cases, what makes this one even more heartbreaking is the fact that it did not need to happen. The road in question had been repaved several times over the past 15 or so years, with a total of 21 days of construction. During those 21 days, 15 serious accidents occurred. There was also evidence presented that construction workers in the area did not follow standard industry practice of clearing excess gravel from the road in order to prevent spin-outs. Clearly, the county was on alert that this was a dangerous construction zone, but they failed to take the very basic and simple steps necessary to make it safe for motorists. Because of their negligence, a woman lost her husband, and a child lost her father.

Nothing can prepare anyone for the pain of losing a loved one, and knowing that it could have been avoided only makes it more difficult to cope. The death of a spouse, a parent, or a child is the beginning of an emotional roller coaster not just of sadness but of anger. There is a pervasive sense of injustice, of knowing that if someone had simply done what he or she was supposed to do, you would not be dealing with this crushing sorrow.

By filing a wrongful death suit, you can take some action against those responsible for the loss of your loved one. Although nothing can take away the pain, many victims who are dealing with such a loss find some comfort and closure in having an opportunity to give voice to their emotions and to demand responsibility. If you have lost a loved one and think you may have a claim against the parties responsible, please contact our San Diego wrongful death attorney today. California limits the amount of time in which a claim for wrongful death can be filed, so be sure to act quickly so that your opportunity to take on those responsible for your loss is not lost forever.

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City of San Diego Pays $1.8 Million in Motorcycle Accident Case

Caltrans Worker Hit by San Diego Trolley Dies of Injuries

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The family of a motorcycle rider who was killed in 2009 will receive $1.8 million in a settlement agreement reached with the City of San Diego. Kenneth Sully was killed at an accident-prone intersection at Pacific Highway and Cedar Street when he collided with a Toyota Corolla.

The family's attorney Benjamin Bunn was able to show that the city of well-aware of the dangers posed by the configuration of the intersection, and that efforts to make it safer - including the addition of a $3,000 traffic signal - were repeatedly denied by city officials. According to news accounts, there were a dozen accidents at the intersection between 2006 and 2009, and that the city was aware of the dangers as far back as 1999. Three months after the fatality, the city installed a proper traffic signal.

According to the San Diego Union Tribune:

City Attorney Jan Goldsmith explained that the city had been slow to address complaints about the intersection’s dangers after a left-turn lane was created on southbound Pacific Highway in 1997. The city didn’t erect a left-turn yield sign or a turn signal, which left the impression that drivers could turn left — into oncoming traffic — once the signal turned green. Several attempts to fix the problem fizzled through the years because of budget woes and employee incompetence, Goldsmith said.

The settlement required approval by the San Diego City Council, who approved the settlement last Tuesday.

Continue reading "City of San Diego Pays $1.8 Million in Motorcycle Accident Case" »

A Caltrans worker working near trolley lines in National City died today after being struck by the trolley just north of the 24th Street stop. Stephen Palmer, 64, of Jamul was pronounced dead at UCSD Medical Center where he was taken after the accident. He suffered a major head injury.

According to reports, Palmer, who work for the Caltrans Imperial Landscape Crew, tried to get out of the way of the fast moving trolley, but it was too late. Authorities told the media that the driver said he saw Palmer and honked the trolley horn, but a comment by an alleged passenger on the 10News.com website said that that he never heard a horn.

“We are still sifting through the details of what took place, and dealing with the shock of suddenly losing a member of our Caltrans Family,” said Caltrans District Director Laurie Berman. “Our hearts are with Stephen’s family and friends and the employees who worked with him. It is such a tragic loss.”

Palmer had been a Caltrans employee for the past four years, and is survived by his wife and a son.

Sources: 10News.com and SignOnSanDiego.com

The San Diego personal injury lawyers at Walton Law Firm offer free consultations to individuals who have been injured in all types of accidents, including automobile accidents, pedestrian injuries, dog attacks / bites, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 or (866) 607-1325.

By all accounts Junethea Centeno was a popular girl with many friends and an active Facebook page. Sadly, the 18-year-old Palomar College student died last Tuesday after she lost control of her Honda Civic on northbound I-15 in Escondido and struck a concrete barrier where some roadwork was being performed. A memorial Facebook page has been set up with an astounding 25,000 followers.

Junethea's father, who was returning from Japan where he is stationed with the Navy at the time of his daughter's death, believes the death may have preventable. He told the North County Times that he believes the way the temporary concrete barrier was set up created a dangerous condition on the roadway, and that had it been set up correctly, Junethea's collision may have been far less severe. Her boyfriend visited the scene shortly after the crash told 10 News, "There were no orange drums, no cones, no reflectors, nothing like that."

Apparently CalTrans was contacted, but it has refused to comment on the condition of the road. In cases like this, the legal question is whether the construction zone and concrete barrier were set up in a way that created an unreasonably dangerous condition. If the answer to that question is Yes, then a lawsuit could be brought against CalTrans, and probably the construction crew doing the work, assuming it was being done by a separate third-party contractor under contract with CalTrans. Before a lawsuit can be filed, however, a governmental claim must first be made against CalTrans, and that claim must be denied.

Continue reading "Family Blames Freeway Design Flaw for Car Accident Death" »

On October 20, 2006, Andy Polakowski, a freshman at Ohio State, was in the dorm elevator with 23 other students when it stopped on the third floor. As Andy tried to step off the elevator, it suddenly descended, pinning him between the ceiling of the elevator and the third floor. Tragically, he was pinned in the torso area, and died almost immediately. He was only 18 and left behind his parents and three sisters.

As a result of his death, Andy's parents brought a wrongful death lawsuit against Ohio State alleging that the school was negligent in the inspection and maintenance of the elevator, creating the conditions that allowed the brakes to fail, and killing Andy. The university, in turn, filed cross complaints against several companies involved in the installation and maintenance of the subject elevator. According to reports, inspection of the elevator revealed that it had a faulty brake, an inadequate counterweight, and no overloading alarm system. It also didn't have a safety device to prevent sudden descents, something that is apparently required on modern elevators.

Continue reading "University Pays $1 Million to Elevator Malfunction Death Case" »

A report released by the National Highway Traffic Safety Administration finds that the number of people killed in traffic accidents on American roads dropped to its lowest level in more than 50 years. According to the report, 32,788 people died in car accidents in 2010, a 3% decrease from the previous year, and the lowest reported level of accident related deaths since 1949.

Why the decline is unclear, specifically considering Americans are driving considerably farther distances these days.

“The recession is still a little bit of a factor,” said Barbara Harsha, executive director of the Governors Highway Safety Association, “but the big reasons are programs aimed at driver behavior, safer vehicles and safer roads.”

The use of seat belts and anti-drunk driving campaigns have also played a role, but most believe that cars continue to get safer every year. Most new cars these days come with state-of-the art safety equipment, including multiple airbags. That wasn't the case only 10 years ago. Experts believe that next generation safety features will continue to cut the death rate, including warning systems that tell a driver when he or she is drifting into another lane, or when they are traveling to close to a car ahead.

Continue reading "Car Accident Fatalities at Lowest Level in 50 Years" »

A 41-year-old Temecula woman is charged with second-degree murder after causing an auto accident that killed her 9-year-old daughter. According to reports, the woman, Karen Faye Honeycutt, may have consumed a dozen beers before getting behind the wheel of her SUV and speeding down the Vail Ranch Parkway in Temecula before losing control and striking a concrete light pole. Two other children in the car were also injured.

This is a devastating tragedy for the family. Honeycutt's 16-year-old son came upon the scene while walking home from school to learn that his mother and sister had been involved the fatal accident.

News reports state that toxicology tests show that Honeycutt's blood alcohol level was at.22 percent, over nearly three-times the legal limit. She also had signs of marijuana use in her blood.

Tragically, Honeycutt had a history of driving under the influence. She had at least to prior infractions, and apparently had her driver's license suspended from 1994 thru 2009.

Source: The Press Enterprise

Continue reading "Temecula Mom Drinks 12-Pack Before Causing Accident that Kills Daughter" »

A 77-year-old man driving a street sweeper fell asleep behind the wheel and veered into that path and striking a bicyclist on Friday. The cyclist, 44-year-old Suntat Peverley of Mira Mesa, died later that evening.

According to reports, the street sweeper was traveling southbound on Genesee Avenue near Clairemont Mesa Blvd. when it came up behind Peverley and, without slowing, struck him from behind. Peverley was thrown to the pavement, striking his head, and causing a severe brain injury. The victim was wearing a helmet.

What is also unclear is who the street sweeper was working for at the time of the incident, and why he was out in the busy streets during rush-hour on a Friday. Also, what is a 77-year-old doing operating heavy equipment? No doubt these answers will be sought in the legal action the family should certainly pursue.

Source: 10News.com

The San Diego personal injury lawyers at Walton Law Firm offer free consultations to individuals who have been injured in all types of accidents, including automobile accidents, pedestrian injuries, bicycle injuries, dog attacks / bites, worksite injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 or (866) 607-1325.

A San Diego jury returned a $14.4 million verdict this week in favor of three young boys whose parents were killed in 2006 in an auto accident in Arizona. The wrongful death verdict was rendered against Mossy Ford, after a jury concluded that the dealership's negligence in performing a tire repair caused the fatal accident.

Adam Shea, one of the attorneys for the three young boys, ages 8, 5, and 3 at the time of the accident, argued that the Ford E350 van being driven by Casey Barber experienced tread separation on one of the tires while traveling on Highway 98 in Arizona. The tread separation, according to the plaintiffs, was the result of a faulty tire repair at the dealership. According to Shea, the dealership should never have tried to repair it. The jury agreed.

The case was venued in San Diego because that is where the defendant, Mossy Ford, is located. According to news reports, there were originally additional defendants, who paid $8.3 million in settlement prior to trial.

Source: San Diego Union Tribune

Randall Walton of the Walton Law Firm represents individuals and families who have been impacted by all types of injury-producing incidents, including auto accidents, product defect cases, assault and battery, 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.

There is a very interesting legal story developing in Oceanside. Early on Christmas morning, 44-year-old Jimmy Misaalefua was gunned down in the cul-d-sac where he lived by his neighbor Robert Pulley. According to news accounts, Misaalefua was beloved in his community, a former Marine and college football player, who was an active volunteer in the Oceanside community. He left behind a wife and two children, a seven-year-old daughter and a six-year-old son, whose birthday was celebrated a week before his father's death. A real tragedy.

The events leading up to Misaalefua death raise all kinds of legal questions about police conduct, and whether this tragedy could have been avoided.

According the North County Times, shortly before the shooting, fire fighters had been called to Pulley's house in response to a 911 call where it had been reported that Pulley and assaulted his 20-year-old son. Apparently Pulley was acting belligerent, and it took several fire fighters to restrain him, which prompted a call to the Oceanside Police Department. When police officers arrived, they determined that this was nothing more than a domestic dispute, and no arrests were made. Police drove away at 2:40 a.m.

At 2:43 a.m. - only three minutes later - 911 was called that shots had been fired near the house and police returned to find Misaalefua dead or dying in the street.

It's easy to second-guess the decisions made by police officers, especially when such a tragedy results, and they should usually be given the benefit of the doubt. This was, after all Christmas and there was probably some desire not to arrest a family man in home on Christmas. But some of the information coming out about Pully is very disturbing.

It was reported that Pulley owned eight guns, four of them registered to him. The murder weapon was a semi-automatic handgun (it's not clear if that one was registered). In 2004 he was arrested and convicted of drinking and being in possession of a firearm. While that incident was six years ago (and reduced to a misdemeanor), just last month he engaged in an hours-long standoff with Oceanside police after he threatened to harm himself and his wife with a gun. It's unclear how that matter was resolved, but despite the serious nature of the standoff it appears that Pulley was not arrested. With that background, and the presumed knowledge by the authorities that Pulley owned several guns, serious questions must be asked as to how he was allowed to keep guns in his house.

This story is now just unfolding. Pulley was charged yesterday with murder and other charges, and the Misaalefuas' are trying to understand how this tragedy could have possibly occurred, and on Christmas of all days. One thing is for certain, there will be serious public questions raised about how a man with Pulley's past, and his known possession of firearms, was allowed to keep guns in his home.

Source: North County Times

Based in North County, the Walton Law Firm represents individuals and families who have been impacted by all types of injury-producing incidents, including auto accidents, assault and battery, 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.

The settlements of most personal injury cases are confidential. Usually a defendant agrees to pay a settlement under certain conditions. One, that no liability is admitted (e.g. we did nothing wrong, but will pay you to "buy our peace"), and two, that the settlement amount will be confidential. Most injured parties agree to these terms, because, frankly, personal injury cases are about compensation, and a fair settlement is always better than protracted litigation.

In the high-profile cases involving a malfunctioning Lexus that killed an entire San Diego family, such a settlement was entered into. Last September the public was notified that the case had been settled, but that the actual settlement figure was "confidential," and would not be disclosed. Case closed.

Not so fast. While the parties to the litigation agreed in writing to keep the settlement confidential, several media organizations fought to make the settlement public, arguing to a Los Angeles judge that there were compelling public interests to release the amount. The settlement amount of $10 million was disclosed.

"At the end of the day, I think the motion to seal is not well taken," Judge Anthony Mohr said. "I think that in this case, the right to know overpowers the concerns raised by the plaintiffs and defendants."

Legal observers wondered about the amount of the settlement. The tragedy here was obvious, the loss of several lives. But under California's wrongful death law the extended heirs usually have a difficult time proving a personal loss because of relationships with decedents that are frequently not that close. For example, the loss of a father to a minor child is generally considered a greater loss than the loss of a grown child to an elderly parent (as much as these things can be measured). When the whole family is killed, who recovers?

After the release of the settlement figure, plaintiffs' attorney John Gomez said the money would be split among three households: John Saylor of Missouri, the father of the CHP officer who died in the accident; Joan Robbins of Missouri, Saylor's mother; and Fe and Cleto Lastrella, the parents of Cleofe and Christopher, who was also killed in the accident.

Source: San Diego Union Tribune

The personal injury lawyers at Walton Law Firm represents individuals and families who have been impacted by all types of injury-producing 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.

A lawsuit was filed against a big-rig driver and his employer after the death of a 47-year-old cyclist. The complaint alleges that the driver, Gabriel Vera, was driving the truck negligently when he struck cyclist Lauren Perdriau Ward. According to news accounts, this is the third fatal accident Vera has been involved while working.

Interestingly, a CHP investigation into the accident concluded that Ward and not Vera, was responsible for the accident, finding that Ward made an unsafe turn into the bath of the truck.

Earlier this year, Vera and Randazzo Enterprises, his employer, paid $1.5 million to settle a different wrongful death lawsuit involving Vera. The investigation report into that accident also found that Vera was not at fault (but lawyers must have proven otherwise). Ward's family intends to the same.

In a statement announcing the lawsuit, attorney John Feder said: "While the CHP was conducting its investigation, we brought in scientists and other experts to evaluate the circumstances surrounding Lauren's tragic death, and the team disagrees with the CHP's conclusion as to the cause. As a result, (her husband) Bob and the Ward children would like a jury to hear the evidence and decide."

Many people do not realize that the written police report in an accident of any kind is hearsay. Accordingly, the investigation report by itself is not admissible to prove or disprove liability. The case must be proven independently, without regard for the police findings. And in many cases, due to time, training, and funding, the law enforcement investigators will reach erroneous conclusions.

Source: Mercury News

The San Diego car accident lawyers at Walton Law Firm represents individuals and families who have been impacted by all types of injury-producing 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.

Two Escondido men who hosted a party were charged with furnishing alcohol to a minor, who later lost control of her car and died in the ensuing accident.

San Diego prosecutors charged Michael Love and Nick Bowser with three misdemeanors each, all alleging that they unlawfully provided alcohol drinks to a minor. According to reports, Love and Bowser hosted a party of about 50 people, one of whom in attendance was 17-year-old Veronica Aguirre, a Poway High cheerleader. Aguirre left the party in her Kia Sportage and lost control on Mountain Meadow Road, rolling it several times. She died at the scene.

While it's unusually to see criminal charges in this type of case, the district attorney office felt it had to do something.

"This is a very tragic outcome and this is something that has to be dealt with," said D.A. Garett Wong. "Our office needs to make sure that someone is held accountable for that."

In addition to criminal charges, Love and Bowser both could be held civilly liable for wrongful death. Such a case could be brought by Aguirre's surviving family members. On the criminal side, the defendants face up to six months in jail and a $1,000 fine.

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 toll free at (866) 607-1325 or locally at (760) 571-5500 for a free and confidential consultation, or fill out an online inquiry.

A diner at Troy's Burgers on York Boulevard was killed when a car crashed into the restaurant. Investigators still don't know why a 19-year-old man drove into the restaurant. The driver apparently passed a roadside sobriety test and has told police that he doesn't remember what happened.

As the dramatic video below shows, the family of Martha Pena is quietly eating at a table near the registers when the car plows into them. Pena was killed, and three other people were injured.

We are seeing more and more accidents like this one, where the negligent driver is not intoxicated, but does something reckless, often with tragic results, but without explanation. Of course, in the news we don't get to see the follow up story, that explains why the accident occurred, but all indicators point to the use of a mobile device, such as texting. It would not be surprising at all to learn that his kid was texting at the time of the accident.

Also, where were the barriers? Now, it's unclear how fast this guy was going at the time he slammed into the restaurant, but most buildings with parking lots that abut them have barriers to prevent this kind of tragedy. I wonder if Troy's Burger had them.

Here is the raw video:

Source: abclocal.go.com

The personal injury and car accident lawyers at the Walton Law Firm represents individuals and families who have been impacted by auto accidents, motorcycle 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.

Details of last week’s tragic motorcycle accident in eastern San Diego County that claimed the lives of five members of a motorcycle club are now being reported. Twenty-one members of the Saddletramps Motorcycle Club were on a desert ride to celebrate its 10th anniversary when the horror began. According to witnesses, the group was traveling together, in a pack, on a two-lane desert road when a gold Honda Civic pulled up behind them, then attempted to pass the group. The Honda reached speeds of up to 90 mph.

As the Honda tried to pass, it must have either not seen the Dodge Avenger driving in the oncoming lane, or ignored it, but to avoid a head-on collision, the Dodge swerved to the right, but overcorrected in its attempt to recover, and drove directly into the pack of motorcycles. One witness described it as a bowling ball knocking down pins.

The "carnage was unreal," said Saddletramps president Carl Smith, who himself was narrowly missed by the careening Dodge. The accident, we now know, killed four riders, and critically injured five more (a passenger in the Dodge was also killed). A Blood Drive will be held for the survivors this Saturday, November 20, 2010 from 9:00 a.m. to 3:00 p.m. held by San Diego Harley Davidson in the parking lot at 5600 Kearny Mesa Road in San Diego.

The search is on for the gold Honda Civic. Unfortunately, no one got the license number, but you can be sure there are a lot of people looking. The driver of the Dodge Avenger was arrested after police noticed the smell of alcohol on his breath. Whether or not alcohol played a role in the accident remains to be determined. A manhunt is on for the gold Honda. The California Highway Patrol is looking for a
newer model gold Honda Civic with California license plates and a male driver. It was last seen leaving the scene of the accident heading eastbound on Highway 98 towards Calexico. Anyone with information should call CHP at 760-482-2500.

Source: LA Times

The personal injury lawyers at Walton Law Firm represents individuals and families who have been impacted by all types of injury-producing 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.

The high-profile case involving the shooting death of a male dancer by San Diego Harbor Police on a charted boat has been settled. The parents of Steven Hirschfield have agreed to a sum of $2.5 million to settle the wrongful death case they brought against the Port of San Diego.

Steven Hirschfield was hired to be a dancer aboard the 222-foot cruise ship Inspiration which was chartered as part of the Gay Pride weekend in San Diego. While the facts are a bit sketchy, Hirschfield jumped into the waters of San Diego Bay at about 11 pm during the evening of July 19, 2008. Two Harbor Police officers were dispatched to pull him out of the water, when Hirschfield got into an altercation with the officers. According to testimony from the officers, Hirschfield tried to grab one of the officer's guns, at which point the second officer shot Hirschfield.

Hirschfield's parents Alan and Nicole Hirschfield disputed this account, noting that Hirschfield was shot in the back. That was the basis for their civil rights lawsuit against the officers and the Port.

According to news accounts, Hirschfield’s DNA was found on one of the officer's holster, handgun and Taser. Also, toxicology tests found amphetamines, methamphetamine, the sedative doxylamine, and the animal tranquilizer ketamine in Hirschfield’s system. The officers were not criminally prosecuted.

Source: San Diego Union Tribune

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 toll free at (866) 607-1325 or local at (760) 571-5500 for a free and confidential consultation, or fill out an online inquiry.

Nationwide, fatal car accidents involving drunk drivers have been on the decline. But yesterday, a study was released listing the 20 cities in the United States where drunk driving is most prevalent, and San Diego tops the list. Not far behind San Diego was Los Angeles, which ranked seventh.

Despite the trend downward, driving under the influence continues to be a serious problem. In 2008 (the most recent statistics), nearly 12, 000 people were killed in the United States because of drunk drivers. At Walton Law Firm, we have represented numerous victims of drunk driving accidents. The effort by various states to curb drinking and driving, though, has paid off. In 2007, over 20,000 people were killed in drunk driving accidents, nearly twice the number of the following year. Of all the states, Vermont has the lowest fatality rate, and Montana the highest.

Based on an Insurance.com survey of traffic violations involving drunk drivers, here are the rankings for the top 20 large metropolitan areas:

1. San Diego, CA
2. San Jose, CA
3. Charlotte, NC
4. Phoenix, AZ
5. Columbus, OH
6. Indianapolis, IN
7. Los Angeles, CA
8. San Francisco, CA
9. Austin, TX
10. Jacksonville, FL
11. San Antonio, TX
12. Dallas, TX
13. Houston, TX
14. Fort Worth, TX
15. Memphis, TN
16. Philadelphia, PA
17. New York, NY
18. Baltimore, MD
19. Chicago, IL
20. Detroit, MI

Source: SayEducate.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 toll free at (866) 607-1325 or local at (760) 571-5500 for a free and confidential consultation, or fill out an online inquiry.

Kitchens are full of inherent dangers - stove tops, knives, and other sharp, dangerous items. A tragedy in Missouri has lead to a wrongful death lawsuit by the family of a 2 year old, who was killed when the kitchen stove tumbled over onto the child, killing him instantly.

Deondrew Watson, Jr. death could have been prevented, the family says, by the use of a simple bracket that would have secured the stove to the wall. Since 1980, over 34 people have died in accidents involving tipping appliances.

"This is something that should never happen," said Fred Pritzker, a personal injury attorney. "We've known about this lurking disaster in homes for years. Yet it's inexpensive and easy to fix."

The U.S. CPSC has recorded 107 incidents causing injury or death from 1980 through 2006, including 33 fatalities. Half of those deaths involve children under the age of two. The appliance industry has been aware of the danger for a long time, and provides anti-tip brackets with appliances for almost 20 years. Whether they were made available to the apartment owner here is unknown. It is estimated that there are as many as 45 million U.S. homes with unsecured appliances.

"Often people move into homes where a range is already installed and don't think twice about it," said Jill Notini, of the Association of Home Appliance Manufacturers. "Or when the range is being installed, the homeowner may not be standing over the installer. They become aware of it after it's too late."

Today, many cities require a bracket as a condition of getting an occupancy permit. The brackets generally cost less than $30.00.

Source: St. Louis Dispatch

The San Diego personal 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 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 criminal investigation into the Coast Guard boat accident that claimed the life of 8-year-old Anthony DeWeese is revealing a startlingly relaxed and sometimes "cowboy" attitude toward the operation of Coast Guard boats. The lead investigator into the accident has testified that boat operators failed to assign lookouts during patrols, used cell phones for talk and text while on the water, and failed to evaluate risks before embarking on mission.

The investigator, Cmdr. Brian Roach said he couldn't believe what he saw when he began his investigation. When the 30-year veteran was taken to the scene of the accident by other crew members he was stunned by what he witnessed. The four-person crew used their phones and ignored lookout duties:

“Disappointing is the better way to put it,” Roach testified the criminal investigation hearing, adding that when no one else did it, he started calling out the locations of nearby boats. “The crew looked at me like, ‘What are you doing?’ My palms were starting to sweat.”

Lawyers for the petty officers charged with DeWeese's death don't necessarily diagree with Roach's assessment, but lay the blame with the Coast Guard itself for failing to provide adequate training. Petty Officer 3rd Class Paul A. Ramos was driving the Coast Guard vessel when it slammed into the DeWeese family's 24-foot pleasure boat.

The tragedy, as expected, is going to lead to a civil lawsuit for the death of DeWeese, the trauma his parents endured, and the severe injury to another passenger.

Source: San Diego Union Tribune

The San Diego based Walton Law Firm represents individuals and families who have been impacted by all types of injury-producing 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.

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.

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.

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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.

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.

The day before summer began, a 5-year-old boy from the Rolando area drowned in his neighbor's pool. On Sunday afternoon, neighbors learned that Nicholas Norman was found floating face down in a home on the 4000 block of Loma Alta Dr.

Neighbors told investigators that the little boy was at home with his father and siblings, but it's unclear how he ended up in the backyard with the pool.

"I've been living here for 30 years and it's the first tragedy we've ever had to live through," neighbor Judy Fleichman told San Diego 6 News. "He was probably just wanting to explore, that's my guess."

WaterWatcher.org, from the San Diego chapter of the Independent Pool and Spa Service Association lists "Safe Kids Drowning Prevention - 5 Truths":

1. Weak or No Supervision - Children can drown quickly and silently in a matter of seconds, and frequently when an adult is present but distracted. Adults must actively supervise young swimmers.

2. No Barriers - Children who are curious can easily fall into any body of water. Pool and spa owners should make sure there is a barrier around the pool or spa when not in use.

3. Weak or No CPR Skills - Victims of drowning who are pulled from the water need CPR immediately. Learn CPR skills.

4. Weak or No Swimming Ability - Children from households that do not swim are eight time more likely to drown. Enroll your children in swimming lessons.

5. Lack of Life Jacket - Every year more than 700 people drown in open waters, and of those victims, nine in 10 are not wearing a life vest.

To investigate swimming lessons in your area, call Safe Swim at (858) 414-5159

The family of Nicholas J Norman has set up a memorial fund at Mission Federal Credit Union. Donations can be made at any branch location.

Source: San Diego 6 News

The accident and injury lawyers at Walton Law Firm represent individuals and families who have been impacted by the negligence of others, including those injured in car accidents, product liability incidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free and confidential consultation.

A Del Mar man was struck and killed Friday while trying to cross Centre City Parkway with a group of people. Escondido police said that 29-year-old Wesley Askins III died when he was struck at about 10:25 p.m. near the cross-street of Brotherton Road. Askins was thrown several yards by the collision, and was pronounced dead at the scene.

The southbound driver who struck pulled over at the scene and cooperated with police officers. Police are reporting that the driver did not appear to be under the influence of any drugs or alcohol.

Anyone with information about the accident is encouraged to call Officer Mike Nelson at (760) 839-4407.

Source: SDNN.com

The San Diego 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.

A major car accident on Interstate 8 has claimed the lives of two people, and seriously injured a third. The accident occurred at approximately 2:30 a.m. Monday morning near what is called the Ocean Beach Freeway, where I-8 enters into the Mission Bay area.

Details surrounding the accident are unclear, but witnesses say that one of the two vehicles involved was going the wrong way on the freeway. The 2008 Honda Civic containing the two individuals who died flopped over. Those individuals were identified as Rebecca O'Mara, 21, and Joshua Carr, 25. The driver of the other vehicle, a 2008 Toyota Tundra, was Adrian Villanueva, 25, who apparently suffered a broken right wrist and fractured collarbone.

CHP's website stated that it has sent a blood technician to the hospital to determine if Villanueva was under the influence of alcohol at the time of the accident.

Here's CBS News 8 coverage of the accident:

Source: CBS8.com

The accident and injury lawyers at Walton Law Firm represent individuals and families who have been impacted by personal injury accidents. Call (760) 571-5500 for a free and confidential consultation.

Fatal motorcycle accidents fell by 16 percent in the first nine months of 2009 after rising steadily for the previous decade, a report just issued by the Governors Highway Safety Association found. The reasons for the sudden plunge in motorcycle deaths are unclear, but there was some speculation that current economic conditions were keeping motorcyclists off the road. Indeed, new motorcycles sales were down 42% in 2009.

But the decline in deaths is obviously good news. Professor Samir Ahmed, who studies the causes of motorcycle accidents at Oklahoma State University, was stumped as to the cause of the decline. He told the Washington Post, "It's good news that fatalities are decreasing, but I really don't have a clue as to why. I really don't see anything that would cause that, unless people are just not riding."

In addition, motorcycle riding has changed dramatically over the decades. It boomed in the years after World War II, when it was primarily popularized soldiers coming home from the war, but over the years the age of the average rider has risen dramatically. In 1987, the average age of a rider was 27, but by 2004 the average age was 41. Statistics from 1975 show that the riders under 50 years old accounted for 97% of all motorcycle accident deaths, whereas now more than 28% of all deaths are riders over 50.

Source: Washington Post

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) 571-5500 for a free consultation.

An Indiana man has sued the Internal Revenue Service for the wrongful death of his wife, who committed suicide in 2007. James Simon has alleged in his lawsuit that the U.S. Government, through the IRS, intentionally and negligently inflicted emotional distress when it negligently obtained a search warrant and invaded the privacy of the family. The United States has denied any wrongdoing.

The case stems from business relationships Mr. Simon maintained that put him in the middle of an IRS investigation. An agent with the IRS wanted to search the Simon home, and obtained a search warrant from a local Federal judge. On November 6, 2007, when Simon was out of town, and while Simon's wife Denise was getting her 11-year-old child ready for school, armed agents showed up at the front door and executed the warrant.

A few days later, Denise Simon committed suicide. In a suicide note she left behind, Denise wrote, “I am truly innocent of any attempt to evade taxes, launder money, and commit fraud or the other things I am being accused of. ... I also have no faith in the legal system or the ability of the government to seek the truth... with my dying breath I swear Jim and I are innocent.”

In its response to the lawsuit, the government states that the Simon family’s claims are barred “by their own unlawful, wrongful, or negligent conduct.”

This will be an interesting one to watch.

Source: JournalGazette.net

The San Diego 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.

A San Diego paramedic died Thursday while responding to an auto accident on SR 163. According to reports, the paramedic was hit while setting out flares at the location of a multi-vehicle freeway accident on th e 163 near Washington Street. All lanes of northbound 163 were shut down as a result.

The preceding cause of this tragedy was a Pacific storm that delivered rain to San Diego County last night and into this morning, causing multiple traffic accidents on San Diego freeways. The CHP reported only six auto accidents between midnight and 4:00 a.m., but that number leaped to 79 reported accidents by 7:00 a.m. because of the arrival of rain.

The name of the paramedic has not been released. There are reports that that driver of the car that hit him was hospitalized with non-life threatening injuries:

Source: Fox5SanDiego and SignOnSanDiego

The Escondido injury and accident attorneys at Walton Law Firm represent individuals and families who have been impacted or injured by the negligence of others, including those injured in auto accidents, product liability incidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free and confidential consultation.

San Diego-based Infatino, the makers of the "Slingrider" and the "Wendy Bellissimo" baby slings, issued a recall of at least 1 million slings yesterday after several reports of infants dying because of the sling. The company said that customers should stop using the slings immediately, and offered replacement slings free of charge.

In early March, the Consumer Product Safety Commission issued a warning about the slings, stating that it had linked at least 14 deaths to the use of slings, most of them involving infants younger than five months old. CNN.com profiles two families that lost children purportedly because of the sling, one of whom has filed a lawsuit against Infatino for designing and distributing a defective product.

The CPSC issued the following statement:

"In the first few months of life, babies cannot control their heads because of weak neck muscles. The sling's fabric can press against an infant's nose and mouth, blocking the baby's breathing and rapidly suffocating a baby within a minute or two," the joint statement said. "Additionally, where a sling keeps the infant in a curled position bending the chin toward the chest, the airways can be restricted, limiting the oxygen supply. The baby will not be able to cry for help and can slowly suffocate."

Source: CNN.com

The San Diego personal injury and wrongful death 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.

One of the few upsides to an ailing economy is the improvement in traffic accident deaths. The number of people who died in a car accident in 2009 was 33,963, which is almost 9 percent lower than the previous year.

Ray LaHood, the Transportation Secretary, was circumspect about the news. “I have mixed feelings,” he said. “I am also disturbed that we are still talking about nearly 34,000 preventable deaths a year.”

The fatality rate was 1.16 deaths for every 100 million vehicle miles, which continues a five-year trend of declining accident deaths. In addition to the faltering economy, the decline is attributed to several factors, including campaigns aimed to increase seat belt use and to prevent drunken and distracted driving, and safer roads and vehicles.

The National Highway Transportation Safety Administrations fatality statistics can be found by clicking here (.pdf).

Source: New York Times

The Carlsbad personal injury attorneys 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.

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.

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.

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.

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.

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.

A 66-year-old man was killed while eating breakfast at his local Carl's Jr. when an SUV plowed into the building, striking the man. According to employees, the man, whose name has not been release but is said to have been a college professor, ate breakfast at the same table every morning.

What instigated the accident is unclear, but a witness told CHP that the driver of the SUV, a 74-year-old man, was at a nearby ATM just before the accident, and was upset with the ATM machine. He apparently stormed away from the machine, leaving his card still in the slot, and speeding away in his car. Seconds later, witnesses say, the SUV smashed into the restaurant, which witnesses described as sounding like a bomb going off.

It's unclear how fast the man was driving when he struck the building, but witnesses estimated he was travelling between 45 to 50 mph. A witness attempted to help the driver, who was also injured in the crash and bleeding from the head, but he said he didn't need assistance.

At least one witness believed the SUV driver acted intentionally. Yolanda Vasquez told San Diego 6 news, "there comes this car from the bank...zooming so fast...he meant it. He didn't give a crap."

Investigators are investigating the cause of the accident, and don't believe that drugs or alcohol played a role.

Source: San Diego Union Tribune and SanDiego6.com

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, pedestrian accidents, bicycle accidents, construction accidents, and property injuries. Call (760) 571-5500 for a free consultation.

Instead of planning a baby shower, the family and friends of Elaina Luquis-Ortiz are planning a funeral. The 21-year-old Lemon Grove woman was killed during the early morning hours of News Year Day when she pulled over on the shoulder of I-805 to help a friend change a flat tire, and a drunk driver named Joseph Anthony Venegas lost control and swerved and crashed into Ortiz's car at a high rate of speed.

Ortiz's husband, Frank Ortiz, a marine, was devastated. He told the Union Tribune, "I lost two in a tragic accident - my wife and son." The unborn son was going to be named Romeo Francisco.

According to reports, Ortiz and two friends were waiting in her car, just behind the vehicle with the flat tire when the accident occurred. Tragically, her husband had gone out looking for her when he drove upon the scene, which he described as looking "like a movie." He was informed at the scene that his wife had died. The two other women were taken to area hospitals with major injuries.

Ortiz was originally from Los Angeles, and moved to San Diego eight years ago. A memorial service has been set for 5:00 p.m. on Wednesday at Paradise Valley Seventh-day Adventist Church, 2701 E. 8th Street, in National City.

Here is a Channel 8 video about the accident:

Source: San Diego Union Tribune and KFMB Channel 8

UPDATE (1/7/10): This sad story of the death of Elaina Luquis-Ortiz continues to generate a lot of media attention. Today's Union Tribune has a long story abut the arraignment of the drunk driver, Joseph Venegas, and his failure to attend. Apparently Venegas is being held in "medical isolation" in County Jail, presumably because of injuries he received in the New Year's Eve crash.

Venegas absence upset the victim's family, who was eager to see and confront the man who took Elaina's life, and that of her unborn child.

To read the entire story, click here.

The accident and injury lawyers at Walton Law Firm represent individuals and families who have been impacted by accidents of all kinds, including auto accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, construction accident. Call (760) 571-5500 for a free consultation.

A 33-foot Coast Guard boat slammed into a 24-foot pleasure boat during the San Diego Bay Parade of Lights show on Sunday night killing an 8-year-old boy and injuring five others, some seriously. Apparently no one was injured on the Coast Guard boat. According to the new reports, the 24-foot vessel had 13 people on board.

Witnesses told the San Diego UT that there were dozens of boats anchored on the bay to watch the boat parade, a San Diego tradition that draws thousands. The Coast Guard boat, apparently responding to an emergency call, was racing across the water when, for reasons unknown, it slammed into the smaller boat. The accident took place at around 6:00 p.m.

“We heard them saying ‘Watch out’ and ‘Oh my God,’” said eyewitness Breck Schoch. “They had half a second warning before the thing hit.”

Remarkably, no one was thrown into the water, and both boats made it to land under their own power. The Coast Guard has promised a thorough investigation.

Source: San Diego Union Tribune

UPDATE (12/24/09): The DeWeese family, whose 8-year-old son Anthony Cole DeWeese died in the boating accident above, has hired attorney Mike Neil, to represent them, in what will likely become a wrongful death lawsuit against the government. Neil wasted no time in assessing blame for the accident:

“From what I’ve been able to glean, the Coast Guard boat was traveling way too fast under the circumstances,” said Neil. “A boat that is grounded is not an emergency. You don’t put other lives at risk for that.”

The Union Tribune is reporting that, for the first time, the Coast Guard is publically responding to claims that made by witnesses and local boaters that the Coast Guard boats often go to fast and have a "cowboy" attitude.

Of the 13 people reported to be injured, five were hospitalized, three with serious injuries.

Source: San Diego Union Tribune

The accident and injury lawyers at the Walton Law Firm represent individuals and families throughout the region who have been injured in all types of personal injury incidents. Call (866) 607-1325 for a free consultation.

In the last month, two local high school students have died in automobile accidents, riding in cars with other teenagers who escaped the same accident with little or no injury. The difference? The teens who died were not wearing seat belts.

KUSI did a report this morning on the importance be belting up when in a car, and provided some pretty startling statistics. According to the officer interviewed in the video below, nearly every auto fatality can be attributed to one of three things: speed, driving under the influence, and the failure to wear a seat belt. As to seat belts specifically, despite a 95% compliance rate, more than 50% of local car accident deaths can be attributed to the failure to buckle a seat belt.

Take a look at the video, which has some dramatic footage.

Source: KUSI

The Walton Law Firm provides free and confidential consultations 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.

A Montana jury awarded $850,000 in compensatory damages to the parents of an 18-year-old who died in 2003 in a baseball game. The teen, who was pitching, was hit in the head by a line drive hit with an aluminum bat. The family sued that bat's maker, Hillerich & Bradsby, for failing to place warnings on the bat informing users of the bat's potential dangers.

The manufacturer responded strongly to the verdict, stating that the bat was made in accordance with all approved standards, and contended that the same tragedy could have occurred with a wood bat. The verdict was "an indictment of the entire sport of baseball," a spokesperson said.

Notably, the jury found that the bat was not a defective product, but that the failure to adequately warn the users of the foreseeable risks made the product dangerous. According to reports, the judge is still considering an award of punitive damages.

This was not the first lawsuit against Hillerich & Bradsby. Last year, a 12-year-old boy sued the company after suffering brain damage when he was struck by a line drive. And in 2002, a teen age pitcher was hit in the head by a line drive and suffered severe head injuries.

Source: New York Times

Based in Carlsbad, California, the accident and injury lawyers at the Walton Law Firm represent individuals and families throughout San Diego County who have been injured in all types of auto accidents, motorcycle accidents, and all other accidents caused by negligent conduct. Call (866) 607-1325 for a free consultation.

A local high school student was killed, and another injured, after a serious car accident in Rancho Santa Fe early Sunday morning.

According to reports, five high school students from Torrey Pines High School piled into a Mazda 3 after a party and headed north on La Granada near the Rancho Santa Fe Golf Club. The car was speeding, and the driver failed to negotiate a curve, careening off the road and through a wooden fence before rolling over.

One boy in the car was ejected, and suffered major head and died at the scene. Another boy, Jamie Arnold, suffered serious injuries and was transported to Scripps Memorial Hospital. Arnold was also not belted at the time of the accident. Two other passengers and the driver were not injured.

The driver, a classmate of the boys, was arrested at the scene on suspicion of drunk driving and taken to Juvenile Hall.

Source: North County Times

The San Diego personal injury and accident lawyers at the Walton Law Firm represent individuals and families who have been injured in all types of accidents, including automobile accidents. Call (760) 607-1325 for a free consultation.

A big rig truck crashed on eastbound Interstate 8 last night, claiming the lives of the driver and his passenger. According to witnesses, the truck was traveling down a fairly steep decline under the speed limit when, for reasons unknown, drifted to the right shoulder and slammed into the dirt slope on the side of the road. The truck burst into flames upon impact, killing the occupants immediately.

The cause of the accident is currently under investigation, and it is still unclear if the accident was caused by driver negligence or whether the truck malfunctioned in some way. Anyone with information about the crash is encouraged to contact the Imperial County office of the California Highway Patrol.

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Source: San Diego Union Tribune

The San Diego truck accident lawyers at the Walton Law Firm represent individuals and families who have been impacted in all types of trucking accidents. Call (760) 607-1325 for a free consultation.

A weird and tragic car accident story was reported in the San Diego Union Tribune this morning about a fatal accident occurring last Sunday at the same intersection where a family of four lost their lives almost about a month ago.

According to the article, a female teenager driving a black Ford Ranger rear ended a Chevy Cavalier on Parks Avenue in La Mesa. Instead of stopping, the teenager fled the scene, and the driver of the Chevy, Taya Chase, attempted to follow. While in pursuit, the pickup truck, for reasons unknown, stopped in the middle of an intersection. Chase pulled up along side it to address the driver who had just hit her, but no words were exchanged. According to Chase, the teenager gave her a "scary glimpse," then she "looked right through me," before putting the truck in reverse and speeding away.

This story then becomes truly tragic. The teen turned her truck around and proceeded to get on eastbound I-8. She was followed by another driver who had witnessed the hit-and-run on Chase. The truck sped from I-8 to northbound SR-125, where it allegedly plowed through the intersection at Mission Gorge Road, and broadsided a car being driven by Pamela Marabeas, 53, of Santee. The high-speed collision crushed both cars, killing Marabeas and critically injuring the teen. Police believe that the teen may have run a red light.

Police are still investigating the accident, and no doubt more information will come about the teen and the reasons for her careless and reckless conduct.

Source: San Diego Union Tribune

The San Diego personal injury and accident lawyers at the Walton Law Firm represent individuals and families who have been injured in all types of accidents, including those caused by defective products. Call (760) 607-1325 for a free consultation.

A wrongful death lawsuit has been filed in San Diego Superior Court - El Cajon by the family of Thomas Varshock, a 52-year-old Potrero resident who burned to death during the 2007 Harris wildfire. The lawsuit alleges that state firefighters were negligent in handling of the fire, and that their negligence caused the death of Varshock, and injuries to Varshock's 15-year-old son, who was badly burned.

The lawsuit addresses the sequence of events that took place on a road near the Varshock home on the first day of the fire. Varshock and his son were driving away from their home to flee the fire when they encountered four firefighters. There was a discussion between Varshock and firefighters, then the Varshocks climbed aboard the truck with the firefighters, who drove them back to the Varshock home. Upon arrival, the fire fighters immediately started fighting spot fires, but were quickly overcome by flames that engulfed both the Varshock home, and the fire truck that was parked nearby. The fire fighters were also badly burned.

The California Department of Forestry (or Cal Fire), the named defendant, disputes this rendition of facts. It says that the Varshocks insisted on returning to their home, and only ended up in the fire truck after the Varshock's vehicle stalled.

Obviously there is a huge difference in the story, which will likely be resolved by the lawsuit. Cal Fire has a number of legal defenses, including governmental immunities. If the family prevails, it will be entitled to money damages for the loss of love, society, companionship of Varshock, as well has the financial support. The son has his own separate case for his burn injuries.

Source: The San Diego Union Tribune

The accident and injury attorneys at the Walton Law Firm represent individuals and families who have been injured in all types of accidents, including car accidents, motorcycle accidents, property injuries, and other negligence related injuries. Call (760) 607-1325 for a free consultation.

The driver of a Lexus sedan was killed this morning when his car was crushed by a big rig truck that rolled over on Interstate 5. According to reports, Gustavio Gracia, the driver of the Lexus was transitioning from the I-5 to SR 78 east, when the semi tractor trailer rig rolled over on top of the Lexus. Garcia suffered major head injuries and died at the scene.

The I-5/SR 78 exchange remained closed for five hours as the crash was investigated. The cause of the crash is still unknown, and the 1996 Freightliner will undergo a complete inspection to determine if malfunctioned.

Drugs or alcohol are not believed to have played a role in the big rig crash.

Source: SignOnSanDiego

The personal injury lawyers at the Walton Law Firm represent individuals and families who have been injured in all types of accidents, including car accidents, motorcycle accidents, property injuries, and other negligence related injuries. Call (760) 607-1325 for a free consultation.

Toyota Motor Sales USA has ordered mandatory inspection of all Toyota and Lexus vehicles after a fiery San Diego crash that killed four people. Earlier indications suggest that the accident may have been caused by a faulty floor mat that made the accelerator get stuck.

You may recall the accident that occurred two weeks ago (and blogged about here) involving Mark Saylor, an off-duty CHP officer who was driving with his family in a loaner Lexus when the accelerator became stuck. Saylor dramatically called 911 just prior the accident, a recording that has received a ton of national attention (and can be heard by clicking here).

As a result of the attention, Toyota has sent a letter to all of its dealers requiring inspections on all Toyota and Lexus cars, stating"

“We urge all other automakers, dealers, vehicle owners, and the independent service and car wash industries to assure that any floor mat, whether factory or aftermarket, is correct for the vehicle and properly installed and secured."

Investigators at the NHTS have said that the all-weather floor mat found in the wreckage of the Lexus suggest that it could have interfered with the accelerator. Notably, the rubber mat found in the vehicle was a couple of inches longer than the mat that belonged in the vehicle. If this is true, culpability may lie at the feet of Bob Baker Lexus in El Cajon, the source of the loaner vehicle.

It appears this case will be headed to litigation, as it should. Mr. Saylor died along with his wife, young daughter, and brother-in-law. We certainly hope the true cause of this tragic accident is discovered, and that justice is served.

Source: SignOnSanDiego

The San Diego injury and accident attorneys at Walton Law Firm LLP represent individuals and families who have been injured in all types of accidents, including those caused by defective products. Call (760) 607-1325 for a free consultation.

The San Diego County's Health and Human Services agency issued a report last week announcing that accidents are the leading cause of death of San Diegans under the age of 15. Approximately 25 children die each year in accidents in San Diego County, mostly by drowning, falls, or in motor vehicle accidents.

Mary Beth Moran, of Safe Kids San Diego, said child-restraint laws and helmet laws have helped reduce the number of injuries and deaths involving kids, but that drowning deaths remain a particular problem.

“We've had 30 near-drownings in the month of July, the highest peak in the past 10 years that we've seen,” Moran said.

The report is a collection of data from local hospitals, and from the medical examiner's office. Other findings include:

• Suffocation and choking is the leading cause of death for infants;

• Drowning is the No. 1 cause of death of children ages 1 thru 4;

• Motor vehicle accidents, namely car accidents, are the leading cause of death for children ages 5 to 14.

Moran reiterated that parents should make sure children learn to swim at the earliest possible age, and that kids are properly restrained in moving vehicles.

Source: San Diego Union Tribune

The injury and accident lawyers at Walton Law Firm LLP represents individuals and families throughout San Diego County who have been injured in motor vehicle accidents, construction accidents, dog bites, and other personal injury matters.

In what can only be describe as an unbelievable tragedy, an off-duty California Highway Patrol officer, his wife and daughter, and his brother-in-law were all killed yesterday when the accelerator on the Lexus they were in got stuck, preventing the car from stopping or slowing down. What makes this car accident tragically ironic is that the CHP officer who was killed, Mark Saylor of Chula Vista, was a safety officer, who inspected school buses, ambulances, tow trucks and armored vehicles.

According to reports, the Saylor family was traveling in the Lexus on northbound 125 at around 6:30 pm. Someone from the vehicle allegedly called 911 to report that the accelerator was stuck. Shortly thereafter, the Lexus – a 2009 ES 350 on loan from Bob Baker Lexus - then traveling at more than 100 mph, clipped the back of an SUV and veered of the road, went through a fence, then burst into flames.

At the time of the accident, Saylor was nearing his 20th anniversary with the CHP. "He was an outstanding officer who was well-respected by his peers," CHP Officer Brian Pennings said.

Investigators are trying to figure out what caused the accident, and if the allegations about the stuck accelerator are true. In 2007, Toyota Motor Corp. recalled more than 30,000 floor mats used when allegations were made that that the mats would slip forward and jam the accelerator. Could there be a connection?

Source: North County Times / San Diego Union

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. Call (866) 607-1325 for a free consultation.

Six window covering companies, and their retailers, are recalling millions of window coverings after three children strangled to death on the cords that come with the product. The companies include Lewis Hyman, IKEA, Lutron, Pottery Barn Kids, and were sold at stores such as Target and Expo Design Centers.

Of the deaths, two were being attributed to roll up blinds manufactured by Lewis Hyman, Inc. of Carson, California, and the other to a window covering produced by Vertical Land Inc. of Florida. Those two companies have recalled almost 5 million window coverings. Millions of other companies have recalled their similar defective products as a precaution.

Because of the large numbers of blinds being used on windows nationwide, the U.S. Consumer Product Safety Commission initiated the recall effort for all "closed-loop or continuous loop window coverings" in the U.S. The closed loop coverings have been a concern for decades, and are attributed for at least 300 strangulation deaths involving children, many more deaths go unreported.

The U.S. Consumer Product Safety Commission is urging consumers to remove any closed-loop window coverings immediately, and to obtain a retrofit kit through the manufacturer. Such kits are free.

For more information about the recall, and how to contact the manufacturers, here's a link to the USCP website.

Source: LA Times

Walton Law Firm LLP represents individuals who have been harmed by defective and/or unsafe products. Please call (866) 607-1325 for a free and confidential consultation.

A San Diego man died on Saturday on Del Dios Highway after the truck he was driving cross the yellow line and collided head-on into a cement truck. 33-year-old Jose Alvarez didn't have a chance; the cement truck was loaded with cement at the time and weighed 25 tons.

The auto accident occurred just before noon, when, police believe, Alvarez crossed over into oncoming traffic when he tried to pass two other vehicles. According to witnesses, the crash was truly head on - "head light to head light."

While police do not believe that alcohol was involved in the accident, they are still looking for witnesses. Anyone with information is encourage to call the Oceanside CHP office at 760-757-1675.

Source: North County Times (story/photo)

The accident and injury lawyers at Walton Law Firm LLP represent individuals injured or killed in car accidents, motorcycle accidents, construction accidents, slip and falls, dog bites, and malpractice matters. Call (760) 607-1325 for a free consultation, or fill out an online contact form.

A 65-year-old Poway motorcycle rider died Sunday when he struck a vehicle that had stalled on Interstate 15 in Escondido. According to reports, the man was riding northbound on a Honda CBR, near Via Rancho Parkway, when he struck the rear end of a Volkswagen Jetta. It is not clear in what part of the free way the Jetta was stalled.

The man was wearing a helmet at the time, and was taken to Palomar Medical Center where he died.

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Source: North County Times

The North County accident and injury law firm of Walton Law Firm LLP represent individuals injured or killed in all types of accidents, including car accidents, motorcycle accidents, construction accidents, slip and falls, dog bites, and malpractice matters. Call (760) 607-1325 for a free consultation, or fill out an online contact form.

Early indications are that tire failure caused an SUV to skid off Interstate 5 yesterday and down an embankment before catching fire. The accident claim the life of Juan Antonio and Belinda Sandoval, their two daughters, ages 11 and 4, and a 6-year-old niece. The family was on their way from San Pedro to Legoland in Carlsbad.

According to witnesses, one of the SUV's tires blew out and Juan Antonio lost control, but police say skid marks would have to be evaluated before cause can be determined. Witnesses ran to the vehicle to try to help, but the vehicle was engulfed in flames and they couldn't get close.

This is a real tragedy. The L.A. Times described Juan Antonio as the manager of a Burger King restaurant who had been married to his wife for 12 years. The family lived in San Pedro, and was very close to his extended relatives.

Source: Los Angeles Times

The personal injury lawyers at Walton Law Firm LLP represent individuals and families throughout Southern California who have been injured in automobile accidents, pedestrian accidents, motorcycle accidents, and all other injury-producing incidents. Call (866) 607-1325 for a free consultation.

A multi-vehicle car accident on Interstate 5 claimed this life of a 9-year-old Los Angeles girl early this morning. Early indications are that the car accident was caused by a drunk driver, Michael Wright of Commerce, who was arrested on manslaughter charges.

Just after midnight, traffic on northbound I-5 was moderate to heavy, and vehicles were traveling approximately 25 mph when a Lexus in the fast lane swerved to avoid a car just ahead of it. The Lexus struck the car, and then careened off an hit a Honda CRV and a big rig truck before coming to rest.

The young girl was a passenger in the Lexus, and was taken to Rady Children's Hospital where she was pronounced dead. Two other drivers suffered personal injuries in the accident, one of whom was taken to Tri-City Medical Center.

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Source: North County Times

The Carlsbad-based accident and injury law firm of Walton Law Firm LLP represent individuals injured or killed in all types of accidents, including automobile accidents, construction accidents, slip and falls, dog bites, and malpractice matters. Call (790) 607-1325 for a free consultation, or fill out an online contact form.

A five-year-old boy was killed at the intersection of Big Bear Boulevard and Pine Knot Avenue when he was struck by a car while crossing the road with his mother and brother. All three individuals were struck by an SUV. The boy’s mother and 8-year-old brother were taken by helicopter to Loma Linda Medical Center with moderate injuries.

Police need help in locating the hit-and-run driver, who witnesses say was driving a dark-colored SUV, maybe a green Chevy Tahoe. Anyone with information is encouraged to call (800) 78-CRIME [782-7463].

Here is a news video piece about the accident:

Source: KABC TV-Los Angeles

The accident and injury lawyers at Walton Law Firm LLP represent individuals and families throughout Southern California who have been injured in automobile accidents, pedestrian accidents, motorcycle accidents, and all other injury-producing incidents. Call (866) 607-1325 for a free consultation.

A Vista jury awarded $2 million to the widow of a man killed when his golf cart plunged down a steep cliff at Pala Mesa Resort and on to the freeway. The total award was reduced to $1.4 million when the jury found that the deceased golfer was 30% responsible for the accident.

The golfer, 65-year-old Edwin Payne, was in the middle of a round of golf on May 22, 2007 when he lost control of his golf cart, jumped a curb, and fell down an 80 foot cliff and on to Old Highway 395. Payne's attorney alleged that the resort was negligent in the maintenance of its property, and that the negligence caused Payne's death. The jury agreed.

In a wrongful death case, where sufficient proof is made, the plaintiff, here the wife, is entitled to both economic and non-economic damages. Economic damages are typically the lost of financial support, and non-economic are the loss of love, society, companionship, etc. The impact caused by the death. The jury awarded Mrs. Payne $483,426 in economic damages, and $1.5 million in non-economic, then the overall was reduced by 30%.

Source: North County Times

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

A 37-year-old library volunteer died Tuesday while riding his bike south on Cole Grade Road at Bernabeo Court. According to reports, the driver of a Chevy pickup noticed Angel Guadalupe Galvez, and tried to pass, but accidentally hit himhttp://www.waltonbarber.com/lawyer-attorney-1278138.html while traveling at least 50 mph. Galvez's helmet was knocked off on impact, and died at a nearby hospital.

Witnesses said Guadalupe was riding on the right-hand side of the road as required when he was hit.

Police believe that neither drugs nor alcohol played a role in the incident, but said that the negligent driver may have bee speeding and could be charged with misdemeanor manslaughter.

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Galvez will be missed at the Valley Center Library, where he volunteered regularly. “He was here every morning. He was just part of our family,” said branch librarian Sandy Puccio. “A lot of people knew him and loved him.”

Source: signonsandiego.com

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

The residents of Huntington Beach are devastated by the death of an 11-year-old girl, who was struck by a lifeguard boat during junior lifeguard camp. Allyssa Squirrell was participating in "speed drop" training, where lifeguards jump off a moving boat to quickly approach drowning victims. According to reports, the senior lifeguard operating the boat was unaware of the girl presence in the choppy water, and accidently ran over her.

This is the first death in the 45-year history of the Huntington Beach lifeguard program, which has trained thousands of kids. Similar programs exist up and down the California coast, and primarily designed as a fun summer camp and not so much a training program.

Huntington Beach closed the junior lifeguard program Wednesday but will resume classes on Thursday. The boat pilot, Greg Crow, an experienced lifeguard was said to be "devastated" by the incident, and is on administrative leave.

Questions remain about the death. For example, many surf rescue boats have guards around the propeller to prevent this very type of incident. Did this one? And want about jet skis. Aren't they the preferred rescue device for reaching troubled swimmers in the surf? Investigations are underway to determine exactly what caused this devastating accident.

A Facebook group memorializing the girl has been set up. Members can send condolences to the family of Allyssa and suggest raising money for the family. Click here for the Facebook page.

Southern California natives Randy Walton and Scott Barber have been representing individuals and families in matters involving personal injury and wrongful death for more than a decade. All consultations on cases are free and confidential.

A retired teacher visiting San Diego from Illinois died over the weekend after falling out of a pedicab at the 100 block of Harbor in San Diego's Marina District. Sixty-year-old Sharon Miller was participating the National Education Conference when she and another participant decided to take a pedicab ride on Saturday. At about 11:30 a.m. the driver of the pedi-cab began serving back and forth, causing Ms. Miller fall out and strike her head.

Ms. Miller was taken to UCSD Medical Center and diagnosed with a closed-head injury. She was placed on a ventilator and pronounced brain dead at approximately 6:15 p.m. that evening.

Police are still investigating the accident, and have not yet confirmed the cause.

UPDATE: Police are reportedly investigating the 23-year-old pedicab driver and contemplating manslaughter charges for his role in the death of Ms. Miller. The pedicab driver is from Turkey and here in the US on a work visa. According to witnesses, he was driving the pedicab with Ms. Miller in back in an area marked for pedestrians. One witness said he was driving in an "unsafe manner."

UPDATE II: The pedicab story has taken on a life of its own. San Diego officials are now proposing new rules regarding the operation of pedicabs (a little late, don't you think?), the driver of the pedicab that claimed Ms. Miller's life was arrested and charged with involuntary manslaughter. Sukru Safa Cinar, from Turkey, was taken into custody and faces up to four years in prison.

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

Almost three years ago, Jim Halverson of Danville suffered fatal injuries when his pool's two-piece kettle style filter exploded and struck him in the head. Since that time, his wife Sue has made it her mission to make sure this kind of terrible accident doesn't happen again.

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

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.

The family of a 6-year-old boy who was killed when a garage door closed on him as filed a wrongful death lawsuit against the manufacturer of the automatic door, as well as against the door's installer and the owners of the home where the boy was killed. According to newspaper articles, the boy was found by his 9-year-old brother pinned under the door, which authorities say caused the boy to die of "compressional asphyxia."

The lawsuit names Mid-America Door Co. and Sears, Roebuck & Co. alleging that the door's failures were caused by a defect in the product. The lawsuit alleges that the door was not equipped with a motion sensor, which has been required by the U.S. Consumer Product Safety Commission since 1992.

The family is devastated:

"I'm haunted by this every day, and if I would have known he was under the garage [door], then there's no way that I wouldn't have run to him," his mother said at a news conference. "I keep thinking that he was screaming and calling someone and no one was there to help him."

The injury and accident attorneys at Walton Law Firm LLP represent individuals and families throughout Southern California who have been injured in accidents, including injuries caused by defective products, car accidents, medical malpractice, motorcycle accidents and all other personal injury matters.

The National Transportation Safety Board is investigating the cause of plane crash in Ramona that killed both passengers. The plane was doing aerobatics when a wing suddenly fell off the home-build plane, causing it to plunge to the ground.

According to several witnesses, the aircraft began to have engine trouble and appeared to stall in the air before losing the wing and falling to ground.

“My whole family was screaming and ran into the house. My youngest daughter ran under the kitchen table,” said witness Eric Barron, a pilot who lives nearby. “It looked like the wing had become partially detached from the airplane and the plane was disintegrating as it was falling down.”

The plane was identified as a Bakeng Deuce, described on its website as "low, slow, and uncomplicated - in harmony with the pure pleasures of basic, simple flight - no cowl vents, no retractable gear, no constant speed prop." The question for investigators is whether this is an accident caused by pilot error, or whether there was some inherent defect in the plan that caused it to fail.

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.

Interstate 5 was closed for a period yesterday when a box truck rear-ended a slow-moving big rig in the Camp Pendleton area. The driver of the truck, 49-year-old Henry Wei of Rosmead, was pronounced dead at the scene.

According to witnesses, Wei was traveling at freeway speed when it plowed into the big rig, which was slowing as it approached the Border Patrol inspection station. Witnesses say that there was no evidence that the box truck braked at all before rear-ending the truck ahead. The cab of Wei's truck was crushed, and it took two hours to remove his body.

That Wei did not brake raises interesting liability questions. Either he was not paying attention to the road in front of him - which is fairly commonplace in this day cell phones and texting - or there was some sort of mechanical problem with his truck, which investigators are looking into. It would be interesting to know the age and maintenance history on the truck Wei was driving to learn if the truck was unable to stop because of mechanical issues.

The accident and injury lawyers at Walton Law Firm LLP represent individuals and families throughout Southern California who have been injured in automobile accidents, truck accidents, product defect cases, work site accidents, dog bites, and other accident cases. Call (866) 607-1325 or complete our online form for a free and confidential consultation.

A 36-year-old San Diego husband and father died yesterday when his car slid on a freeway off ramp and slammed into a trash truck on Federal Blvd. Jose Lerma lost control of his car when it traveled over a large patch of used oil that police say was illegally dumped there earlier in the day. Witnesses say Lerma fishtailed in the oil and lost control and crashed.

Police are looking for help in finding the individuals who dumped the oil, which police estimate was four five-gallon buckets. San Diego Crime Stoppers has offered a $1,000 reward, and are encouraging those with any information to call the Crime Stoppers tip line at (888) 580-8477.

It has happened again. The driver of a vehicle loses control "for unknown reasons" and causes a catastrophic automobile accident. Several of these accidents have been blogged about here, but most haven't. It leads to one inescapable conclusion: the use of cell phones while driving.

Shortly after 5:00 a.m. this morning a 2-year-old boy died when the Chevy Silverado he was riding in was sideswiped by a BMW that lost control on northbound I-805. According to reports, the BMS moved to the right, and hit the Chevy truck, causing it overturn on the shoulder. The boy was belted in a car seat, but the seat was ejected due to the force of the accident.

The police have no word as to what caused the accident, but no doubt the use of a cell phone, whether talking or texting, was involved. (See prior similar accidents here and here).

The injury and accident lawyers at Walton Law Firm LLP represent individuals and families who have impacted by motor vehicle accidents. Consultations are free and confidential.

After a fatal big rig accident, California's top transportation official has temporarily banned large commercial trucks from Angeles Crest Highway for a period of 90 days.

On Wednesday, a big rig truck transporting automobiles lost its brakes while driving down a steep grade on the Southern California highway. The large truck smashed into several cars - killing a young girl and her father - then crashed into the window of a bookstore, injuring several others.

As a result of the accident, felony charges of vehicular manslaughter were filed against the driver of the truck Marcos Costa of Massachusetts.

The personal injury and wrongful death lawyers at Walton Law Firm LLP represent individuals and families throughout Southern California who have suffered due to automobile accidents, work site accidents, defective products, spinal and brain injuries, dog bites, and other accident cases. Call (866) 607-1325 or complete our online form for a free and confidential consultation.

The North County Times is out with a story about Highway 67 in Ramona, the site of yesterday's horrible auto accident that claimed the life of a young woman, and reveals a very troubling history about this busy stretch of San Diego County roadway. In the last 10 years there have been 46 deaths by auto accidents.

According to CalTrans, the culprit in most of the crashes was excessive speed. Local residents say that most cars travel much faster than the posted speed limit of 55 mph. Yesterday's accident is believed to have been caused by racing cars, one of which broadsided Alexendria Drake, pushing her Volvo into a tree and claiming her life.

While there have been discussions about expanding the highway, and adding a barrier in the center divider, no money has been allocated by governmental agencies for that purpose. This troubles residents, including JoAnn Bryant who no longer allows her family to drive on the road at night. "It's just too dangerous a road if you care about anybody," she said.

RAMONA, CA - A 25-year-old mother was killed yesterday on Route 67 after her car was struck by out of control racers. Alexandria Drake of Chula Vista was driving her Volvo near Quail Rock Road when she was struck by a speeding Jaguar that had veered into oncoming traffic.

According to witnesses, the Jaguar was a racing a white Mercedes Benz when it lost control. Several other cars and a motorcycle crashed when trying to avoid the Jaguar, which also crashed. In addition to the fatality, three other people suffered injuries, including the driver of the Jaguar. Ms. Drake's three-month old child was strapped in the backseat and was not hurt.

Police are trying to identify the driver of the white Mercedes, who did not stop. Anyone with information is encouraged to call the CHP at (619) 401-2000.

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The San Diego accident attorneys at Walton Law Firm LLP represent victims of auto accidents, motorcycle accident, construction accidents, and all other injury cases, including cases involving wrongful death. Call (760) 607-1325 or fill out an online form for a free and confidential consultation.

An Italian tourist is under arrest for vehicular manslaughter after his car clipped another car on southbound I-5 last night causing a major auto accident. According to reports, a PT Cruiser being driven by Alberto Allari drifted across lanes and struck an Toyota RAV-4, causing the Toyota to lose control and roll several times. Leslie Sheila Foster, a resident of Valley Center and a passenger in the RAV-4, died at the scene.

Interestingly, police have stated that it is not believed that alcohol or speed played a roll in the accident, though Allari was arrested at the scene under allegations of vehicular manslaughter. While vehicular manslaughter can be charged against any person who violates a traffic law, and that violation results in death, it is typically reserved for those who are driving under the influence, speeding, or with a history of reckless or negligent driving.

This tragic case will be one to follow.

The San Diego car accident attorneys at Walton Law Firm LLP represent individuals and families who have injured or killed in motor vehicle accidents. Consultations are free and confidential.

An electrical water heater exploded yesterday in a Rancho Santa Margarita plastics factory, killing two employees and injuring two others. The men killed, Isidro Echeverria of Oceanside and Jose Jimenez of Garden Grove, were working the night shift at Solus Industrial Innovations when the blast occurred.

Investigators are trying to determine what caused the explosion, which was so forceful it buckled walls and blew chunks of concrete into the air.

Attorney Randy Walton was involved in a very similar explosion case five years ago when a water heater exploded in a San Diego County factory and seriously injured two employees. A lawsuit was filed against the water heater manufacturer for designing and manufacturing a defective product, as well as against a propane distributor for its contribution to the accident.

It is very likely that OSHA investigators will determine what caused this Orange County accident, which will likely be related to the design, manufacture, instillation or maintenance of the water heater.

The personal injury and wrongful death lawyers at Walton Law Firm LLP represent individuals and families throughout Southern California who have suffered due to automobile accidents, work site accidents, defective products, spinal and brain injuries, dog bites, and other accident cases. Call (866) 607-1325 for a free and confidential consultation.

A 28-year-old Palm Desert man was killed today when the car he was riding in rear-ended a big-rig truck. The driver of the car was arrested on suspicion of driving under the influence of alcohol.

According to the CHP, the accident occurred at approximately 1:15 a.m. on westbound I-10, near Dillon Road, when the 2007 Mustang failed to slow in time and plowed into the large truck. Apparently the driver of the commercial truck was uninjured.

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The Riverside car accident lawyers at Walton Law Firm LLP represent individuals and families who have injured in all types of accidents. All consultations are free and confidential.

In 2006, a San Diego jury gave the widow and children of Scott Keener $4.9 million after he was struck on his motorcycle by a truck driver. When the judge polled the jurors for their votes, he forgot to get the answers from one juror on two of the 13 questions. While the juror found that the truck driver was negligent, the judge forgot ask him if he agreed with the other jurors on the apportionment of damages, which they found to be 80% on the defendant, and 20% on the plaintiff.

That mistake led to an appeal and a reversal of the verdict by the Fourth District Court of Appeals, which concluded that:

...the trial court erred in accepting the juror declarations to inquire into and resolve the results of the jury's decision making process, and also when it made a credibility determination that Santana could not effectively have voted other than 80/20 at any relevant time.

The Keeners have appealed to the California Supreme Court, and arguments will be held on Tuesday.

The entire 4th DCA opinion can be read here (.pdf).

Mission Viejo, CA - Orange County authorities are investigating the death of 4-year-old Kayley Ishii who died in her home after climbing into a front-loading washing machine that was turned on by her 1-year-old brother. According to news reports, the little girl was inside the water-filled machine for approximately two minutes before she was found by her mother. She was transported to Mission Hospital Regional Medical Center where she later died.

This terrible tragedy is quickly gaining worldwide attention. Not simply because it is a monumental tragedy, but because of the circumstances. How could her 15-month-old brother have turned on the machine? There are conflicting reports, but the on/off button was apparently only 15-20 inches above ground. If it is true that the switch for turning the machine on is at a place where a toddler could reach it does that make the washing machine a defective product?

California law will hold a manufacture strictly liable for injuries caused by a product, if the product injures someone while being used as intended or in a reasonably foreseeable manner, it was defective when sold, and the defect caused the injury. If that is proven, the manufacturer has few defenses. Here, the manufacturer would argue that while it may be foreseeable a child would climb inside the machine, it was not foreseeable that another child would be present to turn the machine on. The manufacturer would also content that the parents bear some responsibility for the failure to monitor the children.

The parents, of course, would ask the question that many people are asking today: How could it be so easy for a 15-month-old child to turn on a machine that is known to be dangerous to children? There is no doubt this questions will be answered in the courts.

The law firm of Walton Law Firm LLP represent individuals and families throughout Southern California who have been impacted by negligence related accidents, defective products, food poisoning, spinal and brain injuries, construction accidents, dog bites, and other personal injury cases.

There have been a lot of fatal car accidents in San Diego County recently. In fact, over the holidays there were more auto accident-related deaths than in years past. Many of the accidents were caused by alcohol use, but the accidents that jump off the news pages are those that occur for "unknown reasons."

For example, about a week ago in Fallbrook a 42-year-old woman named Stormi Lou Arreola was killed, and her child passengers injured, when she crossed the center divider on northbound Mission Road and struck a elderly man driving a Mazda sedan. The accident occurred midday, and, according to news reports was not alcohol related.

Yesterday, a bicyclist – riding in the bike lane – was struck and killed in Sabre Springs on Sabre Springs Parkway when a man driving a BMW veered into the bike lane and hit the cyclist. The victim was identified as 55-year-old Walter Carl Joller, whose was severed in the crash. He died at the scene. Police said they don't believe alcohol played a role in the accident, which occurred around 7 p.m.

There are, of course, many reasons why car accidents occur, but when the cars veer or drift out of their lane, and alcohol or drugs are not involved, it's impossible not to think that cell phone use was a contributing factor. This is quickly becoming the primary culprit in the train accident in Los Angeles, and is no doubt the cause of many car accidents. Personal injury lawyers who represent the victims of these accidents can subpoena the phone records of negligent drivers to prove that at, or around, the time of the accident the driver was using the phone instead of watching the road.

UPDATE: This morning the North County Times had a thorough article about Mr. Joller, who was a retired Navy captain, and who regularly commuted by bicycle to his job at Space and Naval Warfare Systems Command in Point Loma. He wore reflective gear and a helmet when he rode, and was known to be an experienced cyclist. The police are now stating that the negligent driver who struck Mr. Joller was simply "inattentive" at the time of the accident, and that he may face vehicular manslaughter charges. The family said donations may be made to the Navy-Marine Corps Relief Society in lieu of flowers.

The San Diego personal injury lawyers at Walton Law Firm LLP represent individuals and families who have been impacted by auto, motorcycle, and bicycle accidents, including claims for wrongful death.

California Highway Patrol is reporting that Yine Erandy Gonzales Angeles, age 24, was killed early Sunday morning when the Ford Explorer she was traveling in rolled over on Interstate 5 near Solana Beach. Ms. Angeles was six months pregnant at the time. The baby did not survive.

According to news reports, Ms. Angeles was riding with her husband, 5-year-old daughter, and two relatives when the car was clipped by a speeding Nissan Altima that was trying to change lanes. The contact between the cars caused the Explorer to flip several times, partially ejecting Ms. Angeles, who was wearing a seatbelt. The other passengers suffered relatively minor injuries.

Witnesses stopped to assist the passengers out of both cars, but after helping the driver of the Altima get out of his vehicle he ran from the scene. The driver, John Francis Sudac Jr. of Carlsbad, later turned himself in and was booked into the Vista jail on suspicion of gross vehicular manslaughter.

Adding insult to an already tragic accident, witnesses also said that in the slowing traffic after the accident, a woman in a dark colored Subaru wagon jumped out of her car and stole Ms. Angeles' purse, which had been thrown across the freeway, before driving away. Any witnesses to this accident or the theft are encouraged to call police at (858) 673-3800.

In recent years there has been a raging debate about what is the best age to allow a person to obtain a driver's license. For teenagers, it is a rite of passage to get a driver's license, but in increasing numbers teen drivers are causing mayhem on the roads. While road fatalities have dropped in the last twenty years, deaths involving newly licensed drivers have been on the increase. In fact, highway safety specialists have called it a "silent epidemic."

Case in point: On Sunday, a Ramona woman named Melissa Jean Day was hit head on while driving on Route 67 in Poway. The accident occurred when a pickup truck driven by a 17-year-old boy (with a 15-year-old passenger) hit a curb, then drove his truck across the center lane and striking Day's car. Day died in the accident, and her two daughters, ages 11 and 14, were injured. A truly, truly tragic accident.

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According to the Insurance Institute for Highway Safety delaying the age at which drivers are licensed saves lives. Most European countries, as well as Japan, China, Brazil and Russia do not license drivers until age 18. Delaying the age, the argument goes, allows teens to mature before they get behind the wheel. No doubt it would save a lot of lives.

The Escondido injury and accident attorneys at Walton Law Firm LLP represent individuals who have been injured by car accidents, defective products, construction accidents, dog bites, and other cases involving negligence, including cases of wrongful death.

Auto accidents in San Diego County claimed the lives of three people over the Thanksgiving holiday weekend, two fewer than killed during the same weekend last year. In Balboa Park, two people did in a solo-car crash, and 51-year-old Ilija Petrovich of Carlsbad was killed in a motorcycle accident in Pauma Valley.

California CHP also reported 119 DUI arrests over the weekend.

San Diego personal injury lawyers Randy Walton and Scott Barber represent individuals who have been impacted by car accidents, defective products, spinal and brain injuries, construction accidents, malpractice, dog bites, and other cases involving negligence, including cases of wrongful death.