San Diego County Personal Injury Lawyer

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

Forklift Crushes San Diego Man

Chrissie Cole — Sat, 07 Feb 2009 14:05:00 GMT

A San Diego man, 42, was killed when the forklift he was moving from a rental truck fell on him, crushing him, fire officials said.

According to a spokesman for the San Diego Fire-Rescue Department, Lee Haleem, was relocating his business and had gone to the Miramar landfill located on Convoy St. as part of the move.

The accident occured while he was backing a stand-up forklift from the truck and he backed it over the tailgate, causing it to tip over. He tried to hold the forklift upright but ended up crushed beneath the machinery.

He was transported to the hospital where he later died, the Medical Examiner said.

An investigation into the accident is ongoing.

Originally posted at InjuryBoard by Chrissie Cole

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

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

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

Car Strikes Good Samaritan in Carlsbad

Walton Barber, LLP — Tue, 08 Apr 2008 17:51:17 GMT

Early Monday morning on the I-5 in Carlsbad, the driver of Chevy Cavalier lost control of her vehicle and broadside Mitsubishi Eclipse that was disabled in the fast lane after being involved in a minor car accident.

This sad story doesn't end there. Apparently, a Good Samaritan had stopped to help the woman in the disabled car, and, as he was helping the female driver of the disabled car get off the freeway, the man providing assistance was struck by the Cavalier and severely injured. The woman driving the Cavalier was also injured.

Police said that neither drugs nor alcohol were involved in the crash, but it raises awareness about the perils of helping those disabled on the freeway. Despite one's best intentions, it is advised to use extreme caution when attempting to help someone who has broken down on the freeway, and one should do so only if it can be done safely. A better decision is to call 911 to let police know of the problem.

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

Nearly Half of California Nursing Homes Do Not Meet Federal Standards

Randy Walton — Mon, 11 Feb 2008 14:46:40 GMT

Medicare and Medicaid released a report this week listing nursing homes and hospitals from around the country that have fallen below benchmarks set for patient restraints, bedsores, and surgical infections. Of the 1400 California nursing homes, 674 made the list.

The purpose in releasing the specific nursing homes was to hold accountable the private contractors hired by Medicare and Medicaid to monitor quality standards and health care facilities the receive Medicare payments.

San Francisco-based Lumetra has monitored quality standards at California health care facilities that receive Medicare payments since 1984. Medicare and Medicaid spokesman Peter Ashkenaz said his agency released its facility lists to hold companies such as Lumetra more accountable for the work they do
This list is a tool to manage the quality-improvement organizations," Ashkenaz said. "This is not about facilities. This does not mean these are bad facilities.

It may not mean the facilities are bad, but it clearly means that nursing home residents are being neglected to some degree. Like most standards, the Federal standards are meant to be the minimum standards; the hope being that facilities will not just meet them, but exceed them. The unfortunate reality is that most facilities use the prevailing standards as the standard of care they are to provide, and just barely meet them, when for some residents the minimum standards will not do.

For the names of all San Diego, Orange, Riverside, Los Angeles and San Bernardino nursing facilities that made the list visit Medicare's website.

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

Woman Sues County After Dog Attack

Randy Walton — Thu, 31 Jan 2008 10:19:59 GMT

In a case that will be followed closely by attorneys who prosecute and defend cases involving dog bites, a Valley Center woman has sued the San Diego County's Animal Control for failing to take prior action against two dogs who later attacked her.

There's no doubt the attack on Nancy Matthews was brutal. She was attacked by two boxers while trying to protect her 8 and 11-year-old children, and suffered very serious injuries, including deep bites into her scalp, arms, legs and back. She has required blood transfusions and multiple surgeries, and, ironically, cannot return to work as a veterinarian.

As someone who has represented many victims of dog bites, Ms. Matthews is truly a victim and has a great case against the owner of the dogs. But can she sue the local Animal Control? Typically governmental law enforcement agencies enjoy broad immunities that protect them in matters such as this. But if the Animal Control had enough specific information about the dangerousness of these particular dogs and failed to take action, it is conceivable the law would impose a duty upon them to take action.

The County has already filed a motion to dismiss the case and won't go down without a fight. This is a case that we'll follow and keep you posted.

Originally posted at InjuryBoard by Randy Walton