San Diego Personal Injury Attorney Blog

In personal injury news, this week a San Diego County jury awarded almost $11 million in damages to an 87-year-old woman and her 62-year-old daughter for very serious injuries they sustained in a November 2008 crash in Clairemont caused by a Pizza Hut delivery driver who suffered a seizure.

Olena Novak, 87 suffered a broken neck and other serious injuries in the accident, and Her daughter, Shari Novak, 62, suffered permanent brain damages and is no longer able to care for herself or communicate. The 18-year-old pizza delivery driver suffered only minor injuries.

After the accident, the Pizza Hut delivery driver learned she suffered from a complex seizure disorder. Although the families originally sued the driver, she was eventually dropped from the lawsuit, and the families sued Pizza Hut, claiming they were responsible for the crash. Jurors awarded $2.2 million to Olena Novac for past medical expenses, past and future lost earnings and past and future non-economic loss, and $8.6 Million to Shari Novak, for past and future medical costs and past and future non-economic loss, such as physical pain and suffering.

Continue reading "San Diego Jury Awards $10.8 Million to Mother and Daughter For Crash Involving Pizza Hut Delivery Driver" »

In personal injury news, a San Mateo County jury has ordered Caltrans to pay $12.2 million to a teen who remains in a coma after being struck by a car in Millbrae on March 28, 2006, the San Mateo Daily Journal reported last week. Emily Liou was 17 when she was struck by a Toyota on El Camino Real more than fours ago. She suffered a traumatic brain injury and remains in a permanent vegetative state.

At trial, Liou's attorney argued that the crosswalk where the accident occurred was dangerous because it sits on a rise where it is hard for or drivers to spot pedestrians. In the 15 years leading up to Liou's 2006 accident, three other pedestrians were killed in the same crosswalk. The jury found the driver 30% responsible, Caltrans 40% responsible and the victim 20% responsible.

Continue reading "Driver, Caltrans to Pay $12 Million to Pedestrian Injured in 2006 Accident in San Mateo County" »

In personal injury news, the parents of a 22-year-old woman who died in a crash last year in Florida have filed a wrongful death lawsuit against a Collier schoolteacher, alleging she was speeding and intoxicated when she struck the SUV their daughter was riding in November 13, 2009.

The victim, Bree Kelly, was a front seat passenger in a 2001 Ford Explorer SportTrac SUV that was struck from behind by an Infiniti G35 driven by Andrea Kidder, 28, on eastbound Interstate 75 in Florida. The Ford Explorer rolled multiple times and Kelly was ejected. She died less than 12 hours after the crash. The driver of the SUV, Nicholas P. Mason, suffered minor injuries. Kidder was not hurt.

The Florida Highway Patrol is still investigating the accident and no charges or tickets have been filed, pending the results of blood-alcohol-content analysis, which should be completed within 8-10 weeks. According to the Naples News, the wrongful death lawsuit alleges that Kidder, while driving intoxicated, negligently drove her car into the rear of the SUV, causing it to veer off the highway and eject Kelly. The suit seeks damages for Kelly's family for past and future medical expenses, lost future income that Kelly would have earned, funeral expenses, and other damages.

Continue reading "Wrongful Death Suit Filed Against Florida Teacher After Fatal Crash " »

Four hospitals in San Diego County have been fined $275,000 for lapses that either killed patients or put them at risk of serious injury or death, the California Department of Public Health (CDPH) said in a press release yesterday. The four San Diego County hospitals included Pomerado Hospital in Poway, Scripps Green Hospital in La Jolla, Tri-City Medical Center in Oceanside, and Rady Children's Hospital in Serra Mesa. Just last month, Scripps Mercy Hospital in Hillcrest was fined $25,000 for leaving a surgical sponge in a hysterectomy patient.

Pomerado Hospital Incident

Pomerado Hospital in Poway was fined $50,000 for the July 2009 death of a patient. According to the San Diego Union Tribune, documents alleged that the nursing staff at Pomerado failed to follow standard procedures, which resulted in a demented and disabled patient falling at the hospital. The patient suffered bleeding on both sides of the brain following the June 20th fall. The patient was moved to the ICU and then to a skilled nursing facility, where he died July 3. Palomar Pomerado officials said they plan to appeal the CDPH penalty.

Scripps Green Hospital Incidents

Scripps Green Hospital in La Jolla was fined $125,000 for two incidents. In one incident, for which the hospital was fined $50,000, a doctor unfamiliar with a new type of lumbar catheter left a portion of the device in the spinal column during surgery. The doctor admitted to his lack of expertise and said he spent only 10 minutes reading the brochure prior to the surgery. In that instance, doctors decided it was best to leave the object in the patient's body. In the second incident, for which Scripps Green Hospital was fined $75,000, a surgeon performing a hip replacement reported discovering dried blood on an instrument being used on a patient. As a result, eleven patients at the hospital were exposed to blood-born pathogens.

Tri-City Medical Center Incident

On September 8, 2009, a doctor, respiratory therapist and other operating-room staffed allowed a ventilation mask to interact with a electrocautery device. This interaction sparked a flash fire that resulted in first and second degree burns to a patient. Tri-City Medical Center said they regret the occurrence and have "completed an extensive analysis and put preventative measures in place to eliminate any future occurrences of this nature." Tri-City was fined $50,000 for the incident.

Rady Children's Hospital Incident

Rady Children's Hospital was fined $50,000 for a pharmacist mistakenly giving a 3-year-old a phenol solution that was nearly 18 times stronger than what the doctor prescribed. As a result, the child suffered swelling and a buildup of fluids.

CDPH Administrative Penalties

The administrative penalties are issued under authority granted by Health and Safety Code section 1280.1. In 2007, Governor Arnold Schwarzenegger signed legislation that took effect January 1, 2009 that increased fines for incidents that occurred in 2009 or later. Under the new provisions, an administrative penalty carries a fine of $50,000 for the first violation, $75,000 for the second, and $100,000 for the third or subsequent violation at the same hospital.

In addition to the fines, all four hospitals must file statements of deficiencies and plans of correction indicating how they have or will take steps to prevent similar errors from happening again. Other hospitals that received penalties included Alameda County Medical Center in Oakland, Hi-Desert Medical Center in Joshua Tree, Marin General Hospital in Greenbrae, Mission Hospital Regional Medical Center in Mission Viejo, and Parkview Community Hospital in Riverside. Read the California Department of Public Health May 20th press release here.

Continue reading "Four San Diego Hospitals Fined For Preventable Mistakes " »

A San Diego police officer opened fire in a home in the North Park area Monday morning, killing a 56-year-old man who refused to drop a kitchen knife, the San Diego Union Tribune reported April 26th. The man, who was not immediately identified, was taken to Scripps Memorial Hospital after the incident, where he died a short time later.

According to reports by San Diego 6 News, around 10:42 a.m., police received a call from family members about a man who was reportedly having mental health problems. When officers arrived at the home in the 3400 block of Alabama Street shortly before 11 a.m., the man and his mother, who he apparently lived with, were standing outside the home in the front yard. When he saw officers, he ran inside. Two officers followed him inside, and found the man holding a knife. One of the officers reportedly told the man to drop the knife, and when he refused and advanced on the officer, opened fire.

San Diego County Officer-Involved Shooting Deaths

This incident is the second officer-involved shooting in less than 30 days in San Diego County. On Tuesday, March 30, 2010, Escondido police responding to a domestic disturbance call shot and killed a 25-year-old man in Escondido. Incidents such as the one that occurred April 26th and the one in Escondido in March are tragedies that raise questions about what constitutes the use of deadly weapons by law enforcement. Could this situation have been handled in a way that didn't end in a man's death? Was the officer involved properly trained in dealing with people with mental health issues? Did the situation really call for the use of lethal force?

Police Involved Shootings & Wrongful Death Liability

Every year, municipalities around the country pay out millions to families of victims killed by police in wrongful death settlements and verdicts. In March 2009, the city of San Diego reached a $325,000 settlement with the family of a 25-year-old man who pulled a toy gun on officers at a traffic stop. In March 2008, an $800,000 settlement was reached with the city of Riverside after an unarmed 28-year-old was shot and killed by Riverside Police officers. While this incident is still under investigation, the family of the man killed would be well-advised to speak to a San Diego wrongful death attorney as soon as possible, who can help them fully understand and protect their legal rights following this preventable tragedy.

Continue reading "San Diego Police Officer Shoots and Kills North Park Man Who Refused to Drop Kitchen Knife " »

A 38-year-old Pine Valley woman and a 7-year-old boy both died in a tragic crash on Interstate 8 in Alpine on Friday, authorities reported. The April 16th accident occurred on westbound Interstate 8, west of Tavern Road, at about 5 p.m. Although there were apparently no witnesses to the crash, evidence showed that the vehicle, a 2004 Land Rover sport utility vehicle, swerved left and overturned numerous times in the dirt and brush. Investigators were not sure how fast the SUV was travelling when the accident occurred.

The San Diego Medical Examiner identified the driver as Jennifer Foster. The name of the young boy killed in the crash was not released. Both victims died at the scene of the crash. The California Highway Patrol is investigating the cause of the accident. Anyone with information about the accident is asked to contact the CHP at (619) 401-2000.

Land Rover Rollover Accidents

Sport utility vehicles have a number of safety issues that can cause a rollover or result in catastrophic injury or death in the event of a rollover accident. Land Rover sport utility vehicles specifically have a higher center of gravity that may make them susceptible to a rollover. Land Rover has paid out millions to victims and their families injured or killed in rollover crashes. In May 2009, a Los Angeles County Superior Court Judge ordered Jaguar Land Rover to pay $21.1 million to a California man who was paralyzed after a Land Rover rollover accident on the 118 Freeway in 2003 (see the March 28, 2009 LA Times article).

SUV Rollover Accidents and Liability Issues

Based on the news reports of this Interstate 8 accident, it is not clear why the accident happened. Did something in the roadway cause the driver to lose control of the SUV, or did something malfunction with the Land Rover? While the cause of the accident is still under investigation, the family of the victims may benefit from speaking with an experienced SUV rollover accident lawyer. If a defect in the roadway or a defect in the vehicle caused this accident and the two fatalities, the family may be entitled to damages in a wrongful death claim. An attorney can explain the unique legal issues of rollover accidents and explain the family's legal options and best course of action going forward in a possible product liability claim.

Continue reading "Two Killed in SUV Rollover on Interstate 8 Near Alpine " »

Scripps Mercy Hospital in Hillcrest has been cited by the California Department of Public Health for leaving a surgical sponge in a cancer surgery patient. The hospital is being fined $25,000 for the error. The fine is the third penalty issued against the hospital since 2007, when the state began issuing fines against medical centers for such preventable mistakes.

In the incident at Scripps Mercy, a 4 inch by 4 inch surgical sponge was left in a patient when she underwent a hysterectomy. A year after the surgery, a radiologist discovered what was thought to be a mass in a routine MRI. The woman, who was not named, reported hip and back pain following the operation. In this particular case, the Union Tribune reported that doctors performed a second surgery on the patient in February of 2009 to remove the object, but were unable to locate it. The sponge was finally removed in a third surgery in June 2009.

In addition to the fine against Scripps Mercy Hospital, the Department of Public Health issued nine other citations against six other hospitals in the state of California. Two hospitals received multiple fines. Southwest Healthcare System in Murietta was given three fines totaling $225,000, and Kaiser Foundation Hospital in Fontana was given two fines totaling $75,000. Hospitals may appeal within 10 days, or submit correction plans explaining how mistakes will be avoided in the future.

Continue reading "San Diego Hospital Fined for Leaving Sponge in Patient During Surgery" »

The big auto insurance companies fighting to get your business love to tell you about the savings you'll enjoy going with one insurance company over another. While paying as little as possible may be a good strategy when picking out your cable or internet package, it is important to remember that your auto insurance policy is not solely for the purpose of meeting minimum coverage state laws. Much more importantly, it is an investment to protect you in the event you are in an accident resulting in injury or death to you, your passengers, and others on the road.

Some statistics indicate that as many as one out of every three drivers is uninsured or inadequately insured. So, how can you protect yourself if you are struck by another driver that has no insurance coverage, or minimum insurance coverage? Be proactive, and make sure part of your insurance policy includes uninsured motorist coverage (UM) and underinsured motorist coverage (UIM). By law, your auto insurance company is required include uninsured motorist coverage as part of every automobile policy written, unless you specifically decline it in writing.

Visit our website to learn more about uninsured and underinsured coverage and how much auto insurance you should carry. If you have been injured in an accident in San Diego and are looking to get maximum compensation for your case, contact the San Diego auto accident attorneys at Estey Bomberger for a free consultation.

Nebraska lawmakers approved a settlement Friday to pay $1.5 million to an Ashland man permanently injured in an accident on Interstate 80 in October 2007. The victim, Tom Wolfe, 52, suffered a traumatic brain injury when a loose reflective pavement marker went through his vehicle and hit him in the forehead. A photograph of his work vehicle showed the rectangular hole in the windshield where the reflective marker went through and struck him in the head.

The pavement marker was one of about 53,000 installed on Nebraska highways since the early 1980's. An engineer for the Nebraska Department of Roads told the Omaha World-Herald Bureau that the agency had ceased using the reflective markers in new road projects prior to Tom Wolfe's accident. Since the accident, the Department of Roads spent about two years removing the markers, a project that cost the state more than $1 million. Other states, including Iowa, have removed their markers as well.

According to the Omaha World-Herald Bureau, the man injured was a master electrician before the accident, but has been unable to return to work, despite extensive therapy and rehabilitation. The settlement will cover his medical expenses and lost earnings due to his injury.

Continue reading "Nebraska To Pay $1.5 Million to Man Seriously Injured by Highway Pavement Marker" »

The San Diego car accident lawyers at Estey Bomberger are experienced advocates offering the highest-quality legal representation for car accident victims in San Diego. After an accident resulting in serious injury, you need an advocate who can get you the maximum, full and fair money you deserve for your medical expenses, lost earnings and pain and suffering. In the video below, founding partners Stephen Estey and Mike Bomberger discuss the approach Estey Bomberger takes in handling auto accident litigation, and how we do everything possible to get our clients they justice they are entitled to.

At Estey Bomberger, our goal in every case is to help our clients maximize their recovery in their personal injury claim. Contact us today by calling (619) 312-4399. All attorney consultations are free and confidential, with no obligation.

A woman in West Boca Raton, Florida has settled a wrongful death lawsuit against crib manufacturer Simplicity, Inc., the makers of a drop-side crib in which the woman's daughter suffocated to death, and Walmart.

The amount of the settlement was not disclosed. The lawsuit was filed last September in Palm Beach County. The case had been set to go to jury trial, but Bergey's attorney filed a motion requesting the judge approve a settlement. The judge approved the agreement March 3, but the order did not detail the terms of the settlement.

Constance Bergey's 2-year-old daughter Serenity was found dead in her crib on September 19, 2007. Her head had become caught between a drop rail and the crib's mattresses. Two days following the 2-year-old's death, the United States Consumer Products Safety Commission announced a recall of nearly 1 million cribs.

According to reports in the Sun-Sentinel, the crib had not been assembled correctly, and was broken and held together with duct tape at the time of the child's death. In 2008, detectives had sought aggravated manslaughter charges against the toddler's mother, but prosecutors did not take the case.

According to a CPSC spokeswoman, Simplicty and the company that purchased Simplicity's assets have gone out of business. That does not change the fact that ALL Simplicity drop side cribs have been recalled, in addition to numerous other drop side cribs made by other manufacturers. To find out if your child's crib has been recalled, visit cpsc.gov. If your child has been injured or killed by a dangerous drop-side crib, contact the dangerous products lawyers at Estey Bomberger for more information and a free consultation.

The Associated Press reported this week that the US Consumer Product Safety Commission (CPSC) is preparing to issue a general warning to the public about the dangers of baby slings. Bag-style baby slings have gained popularity among parents after experts have said holding a baby in a sling fosters close physical contact and a strong bond between parent and child. One pediatrician and parenting expert even said that holding a baby in a sling "make[s] babies smarter, calmer, more attentive, less colicky and more likely to develop healthy sleep habits than their counterparts in strollers."

But the head of the CPSC said the time has come to warn the public about the possibly fatal dangers of bag-style slings because the agency knows of too many deaths caused by the slings. The soft fabric baby slings pose dangers of both possible suffocation and falling out of the sling. In 2008 Consumer Reports reported the slings had caused at least two dozen serious injuries and at least seven deaths. Because infants have little head or neck control, their head can become smothered against the mother's chest or belly, posing a possible suffocation risk, or the baby's head can flop forward, pressing the chin against the chest, which can block the baby's own airway.

None of the infant slings have yet been recalled for any suffocation risk, but some manufacturers and retailers are now advising parents not to use them. About a dozen different slings have been recalled in the past decade for concerns about infants falling out of the slings because of defects or issues with fasteners, stitching or shoulder straps. Several product liability lawsuits have already been filed by parents whose infants died or were injured due suffocation in bag-type carriers. Two infants died in 2009 in the Infantino SlingRider carriers. One wrongful death lawsuit was filed against a baby sling manufacturer by the parents of a baby who died on a shopping trip to an Oregon Costco in 2009. The parents thought the baby had been sleeping peacefully, only to find the baby had suffocated to death in the sling.

Continue reading "CPSC Preparing Warning to Public About Dangers of Baby Slings " »

In auto defect news, the surviving wife and children of a Utah State University instructor killed in a fatal rollover accident in Utah have filed a wrongful death lawsuit against the manufacturer of the tires. The suit, filed Friday in U.S. District Court, seeks unspecified money damages and alleges a tire on the school van were defective, and that Cooper Tire & Rubber Co. knew the tire design was defective, but failed to fix the problem.

The fatal crash that killed nine people occurred on September 26, 2005. Evan Parker, an instructor at Utah State University, was driving 10 agricultural students back to Logan from a field trip when one of the tires blew out, causing the van to roll four times off of Interstate 84. Six people died at the scene of the crash and three died later in hospitals. Only two people survived. A suit against DaimlerChrysler Corp, the manufacturer of the 1994 Dodge Ram 3500 van, was settled in 2008.

Continue reading "Utah Family Files Suit Against Tire Manufacturer For Fatal Accident " »

On the eve of a trial scheduled to begin next Monday, a $1.6 million settlement has been reached in a lawsuit filed after the drowning of a 23 year old Baltimore woman nearly five years ago. The lawsuit was filed against a Baltimore, Maryland apartment complex and its pool management company by the victim's family.

In August, 2005, the Cassandra Blake and her 4-year-old son were visiting friends who lived at the Cedar Towers Apartments when they went in the community pool. The pool was reportedly murky, and lifeguards had to use goggles to locate Blake after she drowned in the deep end of the pool. According to the suit, a lifeguard and security guard reportedly told Blake and others that it was okay to use the pool, despite the poor conditions. At some point, Blake, who didn't know how to swim, either fell or was pushed into the deep end of the pool, where she drowned.

The victim's family filed a $100 million wrongful death suit alleging the lifeguards were not qualified and that the conditions of the pool were not safe. The lawsuit also accused the pool compnay of hiring Jamaicans to train lifeguards for a week and then issue licenses, even if the trainees did not past the test. The defendants did not admit liability under the terms of the settlement.

Continue reading "$1.6 Million Settlement Reached in Baltimore Drowning Case " »

A 22-year-old Washington state man filed a lawsuit last week in Idaho, claiming roadway conditions on Interstate 90 caused him to break his pelvis in an accident on December 28, 2007 in northern Idaho. Kasey Crick, the plaintiff, was a passenger in a vehicle pulling a trailer on Interstate 90. According to court documents, the trailer allegedly became dislodged from the vehicle after running over a serious of deep potholes on the Interstate. Another vehicle then struck the trailer, which then collided with Crick, breaking his pelvis and causing other injuries.

Crick filed the lawsuit on December 18, 2009, after Idaho state officials previously denied blame for the accident on December 28, 2007. According to the Olympian, the Idaho Transportation Department had received complaints about the potholes around the time of the incident. The lawsuit seeks $500,000 in compensation for medical bills, lost earnings and school tuition costs. The amount is the highest allowed in the state of Idaho.

Continue reading "Washington Man Files Roadway Defect Lawsuit After Potholes Cause Broken Pelvis " »