California Personal Injury Blog - wrongful death

Entertainer Impaled by Gate Operated by Indian Wells, Widow Sues City

Paul Kiesel — Tue, 03 Nov 2009 20:30:46 GMT

A trial date for a case involving the death of a local entertainer is expected to be set by the end of the year, officials said.

Victor Leon, 63, of Palm Desert died Jan. 12 after he was impaled by a gate that pierced his car as he was driving through Indian Wells.

Leon was executive producer of Musical Chairs, a local tribute concert series featuring music by great American songwriters.

The incident occurred at the corner of Miles Avenue and Highway 111, near the construction site for the Indian Wells Crossing project.

Leon's wife, Elizabeth Leon, filed a lawsuit June 15 against the city of Indian Wells, the Coachella Valley Water District and two Illinois-based companies — Miles Lodge LLC and Jerson Investments LLC, demanding a jury trial.

A court hearing for the case was scheduled Oct. 7, but was canceled.

The next hearing date is set for Dec. 14, where it is expected that the judge will set the trial date, said Paul R. Kiesel, the Los Angeles-based attorney representing Elizabeth Leon.

“The investigation is ongoing to determine why this tragedy happened,” Kiesel said.

Miles Lodge LLC and Jerson Investments LLC are listed as owners of the property where the gate was, Kiesel said Friday.

Indian Wells and CVWD, however, had a legal easement that allowed employees to have access to and control of the area as well, he added.

According to court documents, the listed defendants “negligently designed, installed, maintained, controlled and operated the gate” that subsequently swung out into Miles Avenue, impaling Victor Leon.

Click here for the rest of the article.

Originally posted at InjuryBoard by Paul Kiesel

More Seat Belt Use Has Reduced Wrongful Deaths

Claude Wyle — Fri, 23 Oct 2009 11:13:23 GMT

I am happy to report that more Americans are buckling up than ever before, with 83 percent of vehicle occupants using seatbelts during daylight hours, according to the U.S. Secretary of Transportation

More and more Americans are realizing that the mere seconds it takes to buckle up can mean the difference between life and death, and acting accordingly. Whether it is minor accidents close to home or high profile incidents like the death of Princess Diana, which probably could have been prevented with the use of seatbelts, the message is getting across.

The National Highway Traffic Safety Administration (NHTSA) estimates that approximately 270 lives are saved for every one percent increase in belt use. Acting NHTSA Administrator David Kelly said a contributing factor for such historically high seat belt use is high-visibility law enforcement efforts, such as the Department’s “Click It or Ticket” campaign.

According to the report, 84 percent of passenger car occupants are buckling up. Even more people, 86 percent, are buckling up in vans and SUVs while pickup truck occupants buckled up 74 percent of the time.

The report finds that safety belt use increased or remained level in every region of the country, with the highest use being reported in the West (93 percent), and the lowest in the Midwest and Northeast (79 percent). The South reported 81 percent.

The report reveals that states with primary belt laws are averaging about 13 percentage points higher for seat belt use (88 percent) than states with secondary laws (75 percent). In primary belt law states, officers can issue a citation for a seat-belt violation alone. In secondary law states, seat belt citations are allowed only after a stop for another violation.

The report also notes that belt use on expressways is now at an estimated 90 percent while belt use on lower-speed “surface” streets remains at 80 percent.

Seat belt use and other data are collected annually by NHTSA as part of the National Occupant Protection Use Survey (NOPUS). The latest survey, conducted in June of 2008, involved daylight observations of vehicle occupant behavior at more than 1800 sites nationwide.

Click here to see the latest seat belt report.

And, as always, if you are involved in an accident, and were injured through the fault or neglect of another, consult a personal injury attorney. No attorney can take away your suffering, but there might be a way to compensate you for losses you’ve suffered.

Originally posted at InjuryBoard by Claude Wyle

Metrolink Settles Most Cases from 2005 Glendale Train Crash

Paul Kiesel — Wed, 14 Oct 2009 16:33:29 GMT

From the Los Angeles Times:

After years of legal wrangling, Metrolink has settled most of the outstanding lawsuits arising from the 2005 Glendale crash that killed 11 people and injured about 180, the second-deadliest in Metrolink’s history, attorneys said.

Metrolink has agreed to pay $30 million to settle the majority of the approximately 150 claims and lawsuits filed against Metrolink, according to the lead plaintiff's attorney.

The remaining cases are expected to be resolved in the next month, plaintiffs’ attorneys said.

Any cases that are not settled are scheduled to go to trial in January.

Metrolink could not immediately be reached for comment.

A claims report in a July agenda for Metrolink’s board said it would be paying $3,901,500 in seven recently resolved lawsuits. Most of the cases involving serious injuries and fatalities were settled in a flurry of mediation talks in the last six months, attorneys said.

Plaintiffs' attorneys said Metrolink showed little interest in settling the larger cases until this April, more than four years after the Jan. 26, 2005, incident, which was the most severe in its history until last year’s Chatsworth crash.

“There was a sea change in attitude,” said Jerry Ringler, the lead plaintiff’s attorney, said in a recent interview. “I think we developed liability theories that were extremely powerful.”

In the 2005 crash, a Compton laborer parked his Jeep Grand Cherokee on the tracks and doused the interior with gasoline in what he later claimed was a suicide attempt.

A three-car southbound train, which was being pushed by a locomotive, slammed into the car, skidded down the tracks, then derailed. The lead passenger car crashed into an idle freight train, jackknifed and collided into a passenger train going the opposite direction on its way to Burbank.

“Thus far, we believe the Glendale settlements have been fair and reasonable given that Juan Alvarez, who parked his jeep on the Metrolink right-of-way, has been subsequently convicted of 11 counts of first-degree murder,” Ringler said in a statement released today.

Click here for the rest of the article.

And click here to read archived blogs related to Metrolink.

Originally posted at InjuryBoard by Paul Kiesel

Oakland Pair Killed in Monterey County "Truck versus Automobile" Crash

Claude Wyle — Wed, 14 Oct 2009 13:04:19 GMT

The California Highway Patrol is still investigating a truck versus car head on collision on Highway 101 that killed two Oakland-area residents in Monterey County last Saturday, October 5, 2009.

Daniel O'Neill, 51, and Carrie Lynn Oakeshott, 52, died after their Honda Accord was hit head-on by the driver of a Ford F-150 who claims to have “lost control” of his vehicle. Before colliding with the Accord, the truck rolled, jumped over a Chevrolet Corvette and crossed the center divider of Highway 101 just south of Dumbarton Road.

While the CHP is still investigating the truck accident, responsibility for this wrongful death seems clear at first. We hope that the families of the survivors are soon able to find out precisely why the truck driver “lost control,” either from eyewitnesses, accident recreation specialists or perhaps the driver himself. This truck driver needs to be made accountable for the wrongful deaths he has caused, and these families should consult with a wrongful death attorney. If the roadway is also a contributing factor or the truck was defective, then the surviving families should also explore a claim for dangerous roadway or products liability. While lawsuits cannot bring back loved ones, making all those parties who contributed to the loss accountable helps to deter future bad conduct.

Originally posted at InjuryBoard by Claude Wyle

Metrolink Still Struggling with Saftey Improvements

Paul Kiesel — Tue, 08 Sep 2009 15:18:10 GMT

From the Los Angeles Times:

As the anniversary of the Sept. 12 Chatsworth train disaster approaches, officials with Southern California's sprawling commuter rail service are facing a vexing array of technical, financial and potential legal challenges as they struggle to deliver on pledges of trailblazing safety reforms.

A burst of energy to remake the region's Metrolink train operation was unleashed by the deadliest rail collision in modern California history, a watershed event that killed 25, injured 130 and prompted landmark federal mandates to modernize the nation's rail safety systems.

Today, the rush to reform Metrolink -- a thinly staffed hybrid transportation agency once derided as the political stepchild of the five counties that created it -- is becoming increasingly costly, time-consuming and complicated.

Labor leaders are digging in to fight an unprecedented push by agency officials to place locomotive train crews under continuous video surveillance.

Technical and financial challenges loom over an ambitious schedule to a deploy a $200-million collision-avoidance network for all commuter, freight and intercity trains moving across hundreds of miles of track.

Meanwhile, Metrolink officials have reversed course on an effort to assume direct control over hiring, training and supervising rail crews, a move prompted partly by disclosures that in Chatsworth, an engineer employed by a contractor apparently ran a red light while sending a text message on his cellphone just before colliding head-on with a freight train.

Fearing that trying to manage on-board train crews could overtax staff and trigger thorny labor issues, Metrolink's board of directors opted to farm out the critical function again, this time to Amtrak.

Compounding financial strains, ridership has been sliding since the crash, largely because of lower gas prices and the recession. Fare revenues dropped $1.4 million below estimates in the last quarter alone.

And operating insurance premiums recently surged $1 million above estimates because of Metrolink's accident history over the last decade, averaging one potentially catastrophic liability payout every two years, records show.

Although no major wrecks have occurred since Chatsworth, smaller accidents involving cars and pedestrians are running about the same this year as last -- 3.25 and 3.4 per month, respectively, the agency says.

But a rash of incidents leading up to this week's memorial observances has served as a reminder of the risks Metrolink confronts in its heavily urban mixed-rail environment.

Click here for the rest of the article.

Originally posted at InjuryBoard by Paul Kiesel

Washington Metro Accident Will Prove Costly for Everyone Involved

Paul Kiesel — Thu, 16 Jul 2009 18:48:48 GMT

From Bloomberg News:

July 15 (Bloomberg) -- American International Group Inc. and insurers at Lloyd’s of London are among firms that may face a combined total of more than $100 million in claims tied to the Washington Metro crash that killed nine people last month.

The costs to the pool of insurers, which also includes Bermuda-based XL Capital Ltd. and Warren Buffett’s Berkshire Hathaway Inc., will depend on estimates of medical care, loss of expected lifetime earnings and the degree of negligence by the Washington Metropolitan Area Transit Authority.

The cost “will easily exceed $100 million,” said Peter Grenier, a lawyer at Washington-based Bode & Grenier LLP, who negotiated a $2.3 million settlement for a man who lost his wife when she was struck by a Metro bus in 2007.

The train accident may weigh on results at insurers after investment declines and falling rates pressured the firms. U.S. property and casualty carriers posted a record $1.3 billion first-quarter loss, compared with profit of $8.5 billion a year earlier, according to Insurance Services Office Inc.

The June 22 Metro accident, the deadliest in the city’s history, occurred when one train, operated by a computerized system, collided into another, National Transportation Safety Board member Debbie Hersman said June 23 in a press conference.

It was the worst U.S. commuter crash since an incident last September in Southern California involving a Metrolink commuter train and a Union Pacific Corp. freight train. The Metrolink operator and 24 passengers died.

Click here for the rest of the article.

Originally posted at InjuryBoard by Paul Kiesel

Lax Oversight Forces Metrolink to Hire Own Crews

Paul Kiesel — Thu, 28 May 2009 19:41:52 GMT

From the Los Angeles Times:

In the latest fallout from last year's Metrolink disaster, the Southern California commuter rail agency could begin directly hiring and managing its engineers and conductors next year, taking full responsibility for key tasks historically delegated to outside contractors.

The move, which officials say appears likely, comes after Metrolink's relationship with the current provider of train crews, Connex Railroad, was soured by allegations of lax oversight. The company recently gave formal notice that it does not plan to extend its operating agreement.

The Metrolink board first raised the prospect of ending the agreement after the Chatsworth collision with a freight train, which killed 25 and injured 135.

Assuming direct control of train crews would mark a major change for Metrolink, a 17-year-old, five-county public agency that grew rapidly by relying largely on private firms for everything from maintaining rail cars to fixing signals.

But the mood shifted after the Chatsworth catastrophe, in which a Connex engineer who had been text-messaging on his cellphone drove Metrolink 111 head-on into a Union Pacific freight train. The Sept. 12 accident, which federal investigators say came after the Connex engineer ran a red light, has set off what could be one of costliest railroad liability court battles on record.

It also prompted disclosures that, in violation of safety regulations, the engineer sent and received hundreds of text messages while on duty in the days before the collision. Robert M. Sanchez, who died in the crash, also sneaked young rail enthusiasts into the control cabs of passenger trains for ride-alongs, investigators found. Metrolink ordered the removal of two company managers after the disclosures.

Connex has defended its safety and supervision record, saying it has an intensive field testing program that exceeds industry standards. In a recent letter...

Click here for the rest of the article.

Originally posted at InjuryBoard by Paul Kiesel

Suit Claims Toyota's Defective Steering Component Caused Baby's Death

Todd Slaughter — Tue, 12 May 2009 17:18:10 GMT

EUREKA, Calif. - The Eureka Times-Standard reported on a lawsuit brought by a Hoopa family against Toyota following a fatal single-car crash that occurred on Highway 299 on Christmas Eve in 1997. The fatality was an 18-month-old baby. The claim is that the family did not receive timely notice of the recall of a defective steering relay rod. It is alleged that this rod, which connects the two front wheels, failed causing the mother of the child to lose steering control, run off the road and hit a tree.

In a letter sent to the National Highway Traffic Safety Administration in 2005, Toyota's North America subsidiary stated that 977,839 Toyota vehicles sold in the United States were involved. According to the letter, "under certain conditions where high steering effort and power assist are required . . . a fatigue crack may develop in the steering relay rod." The involved models included the Toyota 4Runner and Toyota Truck from 1989 to 1995, and the Toyota T100 from 1993 to 1998.

It is claimed that only 30 percent of the involved vehicles were recalled.

If you have one of these models and have not received a recall notice, we suggest that you immediately contact your authorized dealer to see if your vehicle is one of the recalled models. You may also want to have your mechanic check for any evidence of fatigue or compromise of the steering relay rod.

Originally posted at InjuryBoard by Todd Slaughter

Crash Kills Woman on South Market

Todd Slaughter — Tue, 10 Mar 2009 14:02:54 GMT

REDDING, Calif. - Yesterday I was driving up So. Market street at about 11:30 a.m. when I observed numerous emergency vehicles crowded together in the southbound lane. There were scores of people out on the street and sidewalks. As I passed by the emergency vehicles I could see a small gray sedan on the west curb with the passenger side completely bashed in. I had just passed by this location minutes earlier and no emergency was apparent. I learned today in the Record Searchlight that the crash caused the death of a 77-year-old Redding woman. I feel sick about having come upon the scene and my sincerest condolensces go to her family.

According to the Searchlight the accident happened when the vehicle that the deceased woman was riding in made a left turn from the northbound lane of Market onto Grange St. A southbound Jeep Cherokee driven by a 22-year-old Douglas City man struck the passenger side of the car. The woman died shortly thereafter.

The Redding Police Department is asking for witnessess. 530.225.8217.

The location of the accident is particularly troublesome. This area of So. Market has seen numerous serious accidents, including pedestrian fatalities, in recent years. The Good Will Mission is on this block, and there are often many people milling about. Motorists seem to habitually travel at relatively high speeds down this 4-lane stretch of highway. Warning signs have been posted in the last few years, as well as a pedestrian activated flashing light, but these may not be adequate in light of the speeds involved and the potential for distractions. A signal light has been discussed as an option, but apparently has been resisted by motorists and commuters. I would suggest, at the least, that the speeds be reduced to the usual speeds for a business district, 25 mph. Something should be done.

Originally posted at InjuryBoard by Todd Slaughter

Scaffolding Company To Blame For Deadly Collapse

Chrissie Cole — Wed, 25 Feb 2009 03:39:00 GMT

Paramount Scaffold Inc. is to blame for the fatal collapse of a temporary walkway cover in downtown San Diego that killed one man and injured at least 14 others in August 2008.

The cover collapsed under the weight of overloaded scaffolding materials, reports The San Diego Union-Tribune.

The company has been fined $10,120 for two state safety regulation violations.

The walkway cover, made mostly of wood, was intended to shield pedestrians from any falling debris as they walked by the construction site located at Imperial Avenue at 15 Street.

Among the dozen pedestrians and transients trapped below the collapsed cover was Tyrone Allen, 49. He was made a quadriplegic and died earlier this month from injuries he suffered in the collapse.

Allen's widow and three adult children previously filed a negligence lawsuit against the property owner, the general contractor on the project and Paramount Scaffold. The family plans to amend the lawsuit in the near future to claim wrongful death, according to the Union-Tribune.

Originally posted at InjuryBoard by Chrissie Cole