Fresno Personal Injury Lawyer

Deadly Collision Kills Bakersfield Men

David Rowell — Wed, 18 Jun 2008 16:26:28 GMT

A deadly automobile accident Monday night in Coalinga killed two Bakersfield men. While traveling at a high rate of speed, Scott Duke, in a 2008 Volvo, slammed into the back of a dump truck at a high rate of speed. Duke and his passenger Eugene Hernandez were killed instantly in the collision, according to Fresno County Coroner's Office. Authorities reported that it took over four hours to separate the car from the truck. The truck driver was not injured.

Originally posted at InjuryBoard by David Rowell

Injury Accident on Highway 99

David Rowell — Fri, 13 Jun 2008 23:27:04 GMT

A single-vehicleautoaccident on Highway 99 near Visalia has resulted in major injuries to a California man, the California Highway Patrol reports. The driver was air-lifted to Community Regional Medical Center in Fresno. The driver was extracted from the vehicle by fire-fighters from the Tulare County Fire Department, who had to cut through the roof of the vehicle to reach the driver.

Originally posted at InjuryBoard by David Rowell

ATV Deaths

David Rowell — Fri, 13 Jun 2008 08:00:00 GMT

Despite recent improvements in safety, ATVs remain some of the most dangerous products available to consumers. An incident today illustrate that danger: a 67 year-old San Andreas resident was killed in an ATV incident on private property; his ATV rolled backwards on top of him as he attempted to climb a steep hill.

This sad incident is only the tip of the iceberg, however. The Consumer Products Safety Commission's ATV safety website, ATVSafety.gov, reports over 555 deaths in 1996, the latest year for which figures are available. In addition to the deaths, says CPSC, another 146,000 people were treated in Emergency Departments for ATV injuries.Moreover, "Government safety officials expect the number to go much higher as they receive information from coroners and hospitals nationwide."

Problems with reporting have tended to hide the severity of the danger; in the last year alone the CPSC added almost 200 deaths to the number reported for 2005, bringing that number to 666. The CPSC estimates 870 deaths for 2005, and even more for 2007 and 2008.

Responsibility for this tragedy is not clear. The ATV industry says they are doing everything they can to make the products safe and to protect consumers. Rachel Weintraub, Director of Product Safety for the Consumer Federation of America, disagrees; "instead of working to keep children off adult-size ATVs and creating meaningful standards to decrease ATV hazards, the ATV industry has been prioritizing the protection of their economic interest and seeking to shift the blame from their vehicles to the riders."

Consumers wanting to know more should check the CPSC website ATVSAfety.gov, which has a list of safety tips and safety messages.

Originally posted at InjuryBoard by David Rowell

Tort Reform and Settlement

David Rowell — Thu, 12 Jun 2008 14:46:18 GMT

An article in yesterday's Daily Report illustrates a problem well-known by most trial lawyers; the insurance industry would rather spend money fighting claims than paying them.

The Daily Report article follows a study published in the Columbia Business Law Review, conducted by Jeffrey O'Connell of the University of Virginia School of Law and Patricia Born of California State University-Northridge. That study analyzed settlements of personal injury and defective product cases against companies between 1988 and 2004 in Texas and Florida.

Based on their analysis, the researchers found that, by early settlement, the defendants could have saved an average of $114,000 per claim, or $670,000 for sever injuries, plus $32,000 from lower legal expenses, or about $211,000 in cases with more severe injuries.

That totals$146,000.00 at the low end and $881,000 at the high end; that's a tremendous amount of money, money that could have gone to compensate injured people, but was instead spent on court costs and attorneys' fees.

Like many lawyers, I've had that experience all too often; a reasonable settlement offer before trial is rejected by the defendant's insurer, the case goes to trial and a jury finds the defendant liable for the plaintiff's injuries.If it's clear to 12 impartial jurors that the defendant was liable, surely the insurance company should have seen it before trial, before the money was spent, and settled the case.

Why would the insurer not settle? Why is the insurance industry's policy so often "collect the premiums and deny the claims"? There are probably several reasons, but I'm sure that one is because it discourages all claims, even meritorious claims, and that saves the insurance companies lots of money.

Originally posted at InjuryBoard by David Rowell

Wrongful Death claims

David Rowell — Wed, 30 Apr 2008 13:15:08 GMT

"Wrongful Death" is a term lawyers use; it means a claim, for money, against a person who has caused the death of a close family member, usually a spouse or parent or a child. In most states a wrongful death claim is statutory; that is, the State Legislature passed a law permitting such a claim; in California the claim is set out in Section 377.60 of the Code of Civil Procedure. Other states will have different provisions, of course.

A wrongful death claim may arise from many different circumstances; it may be as a result of the defendants carelessness, for instance, reckless driving; it may arise from the defendant's intentional act, like in the case of Robert Blake or Chaka Kahn. It may result from a manufacturer's release of a defective product which caused the death of a user.

The important thing for consumers to know is that the claim can only be pursued successfully if the terms of the state statute which governs the claim are complijed with; that means, only those allowed by the statute to bring the claim may do so, and it can only be brought during the period allowed by the statute, and on the grounds set out in the statute, and so on. A failure to comply will usually mean the claim is lost forever; that's why its so important to contact a lawyer who is familiar with this area of law.

Originally posted at InjuryBoard by David Rowell

Mother Sues Nalgene Over Chemical in Plastic Containers

Jenny Albano — Fri, 25 Apr 2008 18:15:19 GMT

A mother is suing Nalgene over the use of the chemical Bisphenol A, or BPA, in its plastic containers.

Nalgene Inc. announced last week that it will phase out production of its containers that contain BPA over the next few months. The chemical is used to make polycarbonate plastic and epoxy resins.

Some studies have found that BPA is linked to hormone disruptions in rats, early puberty, and cancer. Government and industry officials continue to say that the chemical is safe when it is used in small doses. Some consumer groups are insisting that the FDA re-investigate the chemical.

The lawsuit was filed brought by California mother Lani Felix-Lozano, who said she bought the company's reusable beverage containers for herself and her two daughters, now ages 11 and 13, for several years, Reuters reports. It charges that Nalgene continued using the chemical in its containers long after studies linked it to health risks.

The lawsuit did not mention any health problems with Felix-Lozano or her children and seeks unspecified damages.

Originally posted at InjuryBoard by Jenny Albano

Turlock Youth Injured in Auto Accident

David Rowell — Fri, 30 Nov 2007 16:21:55 GMT

Mauricio Alaniz, 19, of Turlock was critically injured in an auto addicent on Wednesday when 60-year-old Cherry Crawford, of Riverbank, swerved into his vehicle on McHenry Avenue in Modesto. Alaniz, a basketball player for Modesto Junior College, suffered severe brain injuries in the collision, and remains in critical condition at Memorial Medical Center.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by David Rowell

Allegations of Nursing Home Abuse Surface in Pastor's Death

David Rowell — Thu, 01 Nov 2007 07:00:30 GMT

The family of Reverend Dennis Graham claims that nursing home abuse led to the minister's death. Dennis Graham died in September 2007 and, according to his family, the cause of his death was abuse and neglect from the nursing home where he was beilng care for. Sherry Cooke, the victim's sister, says that "what happened [to him] there was inhumane and would not be allowed to happen to animals." The family contacted Adult Protective Services about the care and, according to the family, "they found a lot," including caretaker neglect, many instances of the patient's feeding tube improperly being turned off, and nuerous medication errors. Facility administrators declined to be interviewed regarding the case.

For more information on this subject, please refer to the section on Nursing Home and Elder Abuse.

Originally posted at InjuryBoard by David Rowell

Child Killed in Kerman Auto Accident

David Rowell — Fri, 26 Oct 2007 07:00:00 GMT

Vanessa Zamano, 9, of Kerman, was killed Monday night in a two-vehicle collision southeast of Kerman. The girl's father, Francisco Zamano, wsa northbound on Henderson Road, with Vanessa and another child as passengers in his Plymouth Neon. According to police, Zamano failed to obey a stopsign at the intersection of Henderson Road and McMullin Grade. Martha Decenteno, traveling westbound on McMullin in a Chevy Suburban, struck Zamano's vehicle, killing Vanessa and injuring Zamano and the other child.

Originally posted at InjuryBoard by David Rowell

Teen Killed in ATV Crash

David Rowell — Thu, 25 Oct 2007 07:00:44 GMT

Jordan Kedwards, 17, of Clovis, was killed Tuesday in an ATV accident in Madera County. Kedwards was a passenger on an ATV driven by 24 year-old Bonnie Pendergast. Pendergast lost control of the vehicle and it overturned, killing Kedwards. Pendergast was arrested on suspicion of drunken driving and charged with vehicular manslaughter.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by David Rowell