San Diego County Personal Injury Lawyer - All Topics - Most Popular

Class Action Lawsuit Filed Against California Nursing Homes

Randy Walton — Wed, 07 Nov 2007 14:41:41 GMT

A class action lawsuit for substandard nursing home care was filed in Orange County Superior Court against S&F Management Company, Inc.; S&F Management Company, LLC; Windsor Healthcare Management, Inc.; and its 15 skilled nursing care facilities around the state of California.

Stephen Garcia, attorney for the plaintiff, alleges in the complaint that Windsor promotes itself in a misleading way, claiming to provide superior care to the elderly, when in fact that Windsor-owned facilities have a substandard track record.

"The Windsor facilities make great claims, but they don't deliver. In fact, I believe they are an elder abuse case in the making," says Garcia. "We know they aren't providing what they promise -- excellent care -- because the 15 facilities have a long record with the California Department of Health Services of repeatedly receiving citations of deficiencies that found the facilities consistently provided their residents substandard care and violated their rights."

The California nursing facilities named identified in the lawsuit are:

Windsor Gardens Convalescent Center of Anaheim
Windsor Palms Care Center of Artesia
Windsor Manor Rehabilitation Center of Concord
Windsor Park Center of Fremont
Windsor Gardens Care Center of Fullerton
Windsor Gardens Convalescent Center of Hawthorne
Windsor Gardens Care Center of Hayward
Windsor Convalescent Center of North Long Beach
Windsor Convalescent Center of Long Beach
Windsor Gardens Convalescent Hospital of Los Angeles
Windsor Gardens Convalescent Center of San Diego
Windsor Gardens Healthcare Center of North Hollywood
Windsor Gardens Rehabilitation Center of Salina
Windsor Gardens Convalescent & Rehabilitation Center of Golden Hill
Windsor Terrace Healthcare Center

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

Originally posted at InjuryBoard by Randy Walton

OfficeMax Task Chairs Recalled

Chrissie Cole — Tue, 01 Sep 2009 13:14:00 GMT

Office Max, in cooperation with the CPSC, announced a voluntary recall of more than 216,000 Office Max Task Chairs because the back and base post can break while in use, posing a fall hazard.

35 reports of the chair backs and/or posts breaking have been reported to the company, including 15 reports of injuries ranging from cuts and bruises to concussions and muscle strains.

Office Max Task Chairs with Model No. OM182 and OM96614 are involved in the recall. The model number is located under the seat of the chair.

The chairs were sold nationwide on the company’s Web site and through catalogs.

The chairs should be returned to any OfficeMax Store as soon as possible for a full refund or gift card if the consumer does not have a receipt of purchase.

Consumer Information: Contact OfficeMax at (800) 283-7674 anytime, or visit www.officemax.com.

Originally posted at InjuryBoard by Chrissie Cole

City of Encinitas, School District Sued for Wrongful Death

Randy Walton — Sat, 10 Nov 2007 08:17:24 GMT

The family of a San Dieguito Academy teenager who died after being hit by a fellow student's car has filed a wrongful death lawsuit in Vista Superior Court. Named in the lawsuit are the City of Encinitas, San Dieguito Academy, San Dieguito Union High School and the State Department of Transportation. The driver of the vehicle and his father were also named.

The lawsuit alleges that the district and the state knew that road conditions in the area were dangerous and therefore must share in the liability.

The suit, which seeks unspecified damages, alleges that road conditions in the area are dangerous and that the agencies are partly liable for the boy's death because they knew of the problem, or should have known, and did nothing about it.
The accident happened beneath the Interstate 5 bridge that spans Santa Fe Drive, about four blocks west of San Dieguito Academy. Ryan was walking with other students who were returning to school from a lunch break.
No sidewalks exist on the south side of the busy road, where the students were walking. The lawsuit states that pedestrian access is inadequate, and so are signs and warning devices to keep pedestrians safe.
The lawsuit alleges that the school district was negligent and says the open-campus policy at San Dieguito Academy exposes students to the risks of busy roads without adequate supervision.

The victim's family is represented by prominent San Diego attorney Craig McClellan, who has said his case against the school district would focus on the negligence of it "open campus" policy knowing of the dangerous conditions outside the campus.

There is apparently evidence that the negligent driver, also a teen, was showing off to his passenger at the time of the accident, and deliberately maneuvered his car in a reckless way before losing control of his car. Everybody in the case will obviously be pointed at the driver as the sole case of the accident. I think it will be tough to get around that, but if any lawyer in San Diego can spread the liability around to the other defendants it's Craig McClennan. This will be an interesting case to follow.

For more information on this subject, please refer to the section on Wrongful Death.

Originally posted at InjuryBoard by Randy Walton

Hepatitis A Outbreak Linked to San Diego Area Chipotle

Walton Barber, LLP — Thu, 01 May 2008 13:58:37 GMT

The total number cases of hepatitis A contracted at a Chipotle restaurant in La Mesa has grown to 18. Authorities from the San Diego County Health and Human Services Department is advising any person who at the Chipotle on Fletcher Parkway between March 1st and April 22nd, and has symptoms of hepatitis A, to see a doctor right away.

Over 25 of the restaurant’s employees have been tested for hepatitis A, and all were negative for the disease, which is spread through poor hygiene and contracted when someone consumes contaminated food. Symptoms of the disease included fatigue, loss of appetite, fever, dark urine and jaundice.

Any person who believes they may have contracted the disease may contact the San Diego law firm of Walton Barber LLP for a free consultation through this website. More information is also available at the Centers for Disease Control and Prevention.

Originally posted at InjuryBoard by Walton Barber, LLP

Crazy Encinitas Car Accident is Like Law School Exam

Walton Barber, LLP — Thu, 10 Jul 2008 10:17:30 GMT

All law students are required to take a class called Torts, which is basically the wrongs that can happen in society such as car accidents, assaults and batteries, malpractice, etc. As part of that class, law students are taught the concept of causation. That is, when there is a sequence of events, can you really blame the person who started the sequence, for all the harm caused by it, even if it the ultimate harm was unforeseeable and unlikely? The famous case is called Palsgraf, a 1928 case (click here for a little primer on causation).

A Palsgraf-type accident occurred yesterday at an Encinitas car wash. In the afternoon, a car wash employee lost control of a customer’s Jeep. The Jeep struck a customer putting money in a tip jar, then hit a Honda Civic, which was pushed into three people standing nearby. The Honda then spun out of control and hit an electrical transformer, knocking it off its base and catching fire. The fire then spread to the Honda and the Jeep, catching both vehicles on fire. The Jeep then rolled out the driveway and hit a parked Mercedes. Nine businesses in the area then lost power.

Thankfully it sounds like no one was seriously injured. But it raised the question: Is the car wash liable for all the damage? Including the Mercedes? The answer is Yes (unless there are some facts that we don't know about). We always thought Palsgraf was a once-in-a-million event. In Encinitas yesterday it appears the million was up.

Originally posted at InjuryBoard by Walton Barber, LLP

Product Liabilty - No Duty To Warn For Sophisticated Users

Scott Barber — Mon, 07 Apr 2008 15:57:58 GMT

Product Liability: The California Supreme Court recently handed down its opinion in Johnson v. American Standard, Inc. (S139184) affirming that the "sophisticated user" doctrine is a valid defense in California. Federal court have long held that there is no duty to warn a sophisticated user of a product's potential for harm.

Generally, in California a manufacturer has a duty to warn users of its products about the potential risks or harm. In Johnson, the Defendant argued that it did not need to warn the Plaintiff, a heating and air-conditioning technician of the risks of using R-22, a gas used in air conditioners. The Defendant argued that since Mr. Johnson was a sophisticated user, i.e. he was well-aware, due to his training and experience, of the risks associated with R-22, that they had no duty to provide him with any warnings.

The trial court granted Defendant's motion for summary judgment and the Court of Appeal affirmed, holding that the sophisticated user doctrine does apply in California. The Supreme Court affirmed and the "sophisticated user" doctrine is now part of California law.

Originally posted at InjuryBoard by Scott Barber

Dogs Attack Riverside Woman in Front of her Home

Walton Barber, LLP — Fri, 20 Jun 2008 10:26:31 GMT

In a case nearly identical to one Walton Barber had last year, a Riverside woman was attacked by two Rottweiler dogs in front of her Eastvale home. The woman suffered severe personal injuries, including puncture wounds, lacerations, and a broken arm that requires surgery.

It is unclear how the dogs escaped from their yard, but their owner, who had recently moved from Orange County to Riverside, was dropping his children off at school at the time of the attack. According to reports, the owner expressed remorse about the attack, and promptly handed the dogs over to authorities, who euthanized them.

Walton Barber had a nearly identical case last year when two bulldogs attacked an elderly woman walking her own dog. The woman suffered several puncture wounds, as well as a broken arm. A lawsuit was filed against the owners of the dogs, and a substantial settlement was obtained.

Originally posted at InjuryBoard by Walton Barber, LLP

To Prevent Accidents Palomar Mountain Fire Chief Takes Action

Randy Walton — Thu, 04 Oct 2007 06:28:35 GMT

Every weekend it seems there is another automobile or motorcycle accident on Palomar Mountain. Just last Sunday a motorcyclist died, and the following day two cars crashed racing up the windy mountain road. The community now wants to do something about it.

Palomar Mountain Fire Chief George Lucia has asked the county's road department to install a "rumble strip" - a passive traffic and speed control mechanism that involves cutting grooves into the pavement to cause a significant vibration to any cars or motorcycles that cross over the center line.

"I hope it will cause everybody to drive slower," Lucia said.
Lucia's volunteer department responds to an average of three serious injuries on the mountain's two main roads each weekend. South Grade and East Grade roads have become magnets for motorcycle and sports car enthusiasts navigating the narrow, tight turns.
Lucia said that he thinks the actual number of accidents on an average weekend is between one dozen and two dozen, but that most people don't want to report what happened, for fear of raising their insurance premiums.
"We only see the ones who are hurt too badly to get away," he said.
"The valid complaints of motorcycle and auto racing day and night continue to flood my home telephone and even I can hear the racing from my home on Crestline Drive," he wrote.

In 2005, Palomar Mountain residents formed a lobbying group to crackdown on speeding motorcycles and racing cars. In light of the recent number of accidents in the area, law enforcement efforts are not working. Kudos to Mr. Lucia and his supporters for taking matters into their own hands to curtail the accidents that have taken so many lives in recent years.

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

Originally posted at InjuryBoard by Randy Walton

Three Pedestrians Killed in Separate Accidents

Walton Barber, LLP — Fri, 08 Feb 2008 09:21:50 GMT

It was a tragic day for pedestrians in San Diego County yesterday. In three separate incidents, all occurring within one hour, a pedestrian was hit by a car and killed.

The first accident occurred on Friars Road just after 6:00 p.m. when a 54-year-old man waked into westbound traffic and was struck by a late model Mercedes. Only a half hour later an SUV struck and killed a man near the rodeo grounds at Highway 67. Remarkably, a half hour later another pedestrian was struck and killed on Sweetwater Road near Olive Street.

Investigations are ongoing with regard to who was at fault for the incidents.

Originally posted at InjuryBoard by Walton Barber, LLP

Survivor Raises Awareness of Hospital-Acquired Infections, California Malpractice Laws

Walton Barber, LLP — Tue, 11 Dec 2007 11:20:12 GMT

Alicia Cole entered a Los Angeles area hospital to have fibroids removed, a relatively simple procedure. What was supposed to be a one-day stay in the hospital, turned into a five-month fight for survival after she acquired a hosptial-born necrotizing fasciitis, the flesh-eating bacteria.

Like thousands of other patients in American hospitals, Ms. Cole became a victim of the saddest of all ironies. It was the hospital that made her sick, not the other way around.

After recovering, she decided to take action and raise awareness about this growing epidemic (since hospitals are not required to disclose infection rates). In her compelling YouTube video, Ms. Cole tells not only her own story of survival, but puts a human face on another injustice faced by California victims of medical malpractice, the Medical Injury Compensation Reform Act of 1975.

MICRA, as the law is known, creates a number of hurdles victims of malpractice must face to get their day in court, then arbitrarily limits the amount they can recover. Few Californians are aware of this onerous law, which virtually removes from the hands of juries the ability to render justice in legitimate malpractice cases, and unfairly victimizes children who are injured by malpractice. Kudos to Ms. Cole for having the courage to stand up and call for reform of the MICRA laws.

For more facts about MICRA, and compelling stories of injustice, visit the Consumer Attorneys of California information page.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Walton Barber, LLP