San Diego County Personal Injury Lawyer

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

Motorcycle Accident Fatality Caused By Negligent Driver

Walton Barber, LLP — Tue, 29 Jan 2008 13:41:03 GMT

San Diego police are reporting that a van made an illegal u-turn in front of motorcyclist Robert Reed yesterday, causing the motorcycle and the van to collide. The motorcycle accident occurred on Valley Road near Plaza Bonita Center Way in the afternoon. Reed, a San Diego resident, died as a result of the accident.

Accident investigators may seek vehicular manslaughter charges against the driver.

Originally posted at InjuryBoard by Walton Barber, LLP

California Budget Cuts May Endanger Elderly

Randy Walton — Fri, 25 Jan 2008 15:53:26 GMT

Governor Schwarzenegger's proposed cuts of the California budget may increase the risk of elder neglect and abuse to the nearly 150,000 elderly residents of nursing and residential care facilities.

According to the California Advocates for Nursing Home Reform (CANHR), the proposed cuts will reduce inspections and will further cripple an already struggling program. Moreover, a reduction in the budget of the Department of Social Services Community Care Licensing Division - which currently is only required to inspected residential facilities once every five years - while assisted living care is growing rapidly is a set up for disaster.

"Inspecting RCFEs once every five years or less is a recipe for neglect and abuse," said Patricia McGinnis, CANHR's executive director. "Care standards and residents' rights become virtually meaningless when inspections are so rare. Issuing a license under these conditions deceives consumers who assume the state is conducting regular inspections or offering oversight and protection to residents."

Currently there are more than 7,500 assisted living facilities for the elderly in California, a 25% increase since 2000. Yet the state inspection system of these facilities, once the model for other states, has continually diminished.

An increase in oversight and enforcement is needed now more than ever. The present oversight system does not ensure the basic care and safety of elderly residents. At the very least, each RCFE should be inspected every two years. Facilities with poor compliance histories should be inspected annually or more often.

For more information contact Pat McGinnis at CANHR, (415) 974-5171.

Originally posted at InjuryBoard by Randy Walton

Veteran PGA Caddie Struck and Killed in Del Mar

Walton Barber, LLP — Thu, 24 Jan 2008 11:31:55 GMT

Popular PGA caddie Steve Duplantis was struck and killed in a pedestrian vs. auto accident as he stepped of the center median of a Del Mar street and was struck by a taxi. Duplantis was in the area to caddie in the Buick Invitational at Torrey Pines.

According to reports, Duplantis was an excellent caddie with a reputation as person who liked a good party.

"Never want to hear anything like that about someone you know," said Jim Furyk, who worked with Duplantis for 4½ years and won four times with him. "He was a very likable person. He had a way about him and a charisma. He went through a lot of different bags out here. But you always rooted for him and always wished him well."

Friends remember Duplantis as a devoted father, but also as one with a reputation for excessive partying. Tommy Armour III, who Duplaintis caddied for in 2003, was saddened by the accidental death by not surprised.

"Am I shocked by this? No," Armour told the AP. "I tried several times to get him some help. And I told him in 2003, 'Bud, if you don't change, you're going to die a tragic death.' "

Duplantis was only 35 years old and leaves behind an 11-year-old daughter. His fellow tour caddies are taking up a collection to have his body flown to his home in Toronto for burial.

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

Originally posted at InjuryBoard by Walton Barber, LLP

Lifeguard Truck Accident Lawsuit Settled

Walton Barber, LLP — Wed, 16 Jan 2008 20:02:19 GMT

The city of Coronado has paid $141,000.00 to settle a lawsuit filed by a 24-year-old tourist who was run over by a lifeguard truck while sunbathing on a Coronado beach.

The city issued a formal apology to Sarah Bouvet who was hospitalized for two days with injuries to her pelvis, legs and ankles. Her lawsuit sought compensatory damages, and also called for a change in the city's lifeguard practices.

According to officials the city has no plans on changing its policies.

City officials have maintained they have a written policy for driving on the beach and that all lifeguards take driver training classes annually. The training is mandatory and conducted by an outside firm.
City Manager Jim Benson said the city's policies on driving on the beach have not changed, but there is a "heightened awareness on the part of all the lifeguards that you can't assume anything."

Bouvet's attorney said the victim still suffers from some physical and psychological problems.

For more information on this subject, please refer to the section on Truck Accidents.

Originally posted at InjuryBoard by Walton Barber, LLP