San Diego County Personal Injury Lawyer - Serious Personal Injury

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

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

This Halloween Stay Safe (and Classy) San Diego

Randy Walton — Mon, 29 Oct 2007 09:26:41 GMT

The Consumer Product Safety Commission has issued its annual reminders to parents as to how to have a fun, but safe Halloween. I can't speak for the rest of the country, but Halloween in San Diego now looks more and more like Christmas. Driving around there are lights on houses, artificial pumpkins, and large inflatable ghosts and witches dot every other yard. By the way, what's up with those inflatable things?

As the holiday grows in popularity, though, so do the dangers associated with it. Therefore, it's good to revisit the CPSC's annual list of the hidden dangers of Halloween (and I don't mean the Goblins under your bed)"

Costumes: Look for flame-resistant fabrics like nylon or polyester. Also, make costumes as visible to motorists as possible by using light colors, and applying reflective tape as a decoration or trim. In addition, kids should wear well-fitting shoes, and should carry a flashlight.

Candy: Tell the kids not to eat any treats until the candy has been examined carefully by an adult.

Toys: Examine any small toys or novelty items given to trick-or-treaters given to kids under three to make sure there are no choking hazards.

Decorations: Make sure all candles and Jack O Lanterns are away from doors where costumes my come into contact with flame. Also, remove from the yard any obstacles that might trip trick-or-treaters on their way to the front door.

These are just a few of the recommendations from the CPSC to avoid personal injury this Hollow's Eve. Be safe, have fun, and stay classy San Diego.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Randy Walton

San Diego Fire Victims Must Not Be Afraid To Ask Insurance Questions

Randy Walton — Thu, 25 Oct 2007 13:53:18 GMT

Like a few hundred thousand other San Diegans, I spent Sunday night in a grocery store parking lot with my neighbors, and Monday night in a hotel room after being ordered to leave my home because of the encroaching wildfires. I'm one of the lucky ones. Unlike about 1,500 other San Diego County residents, I got to take my wife and kids back to a home that, except for ash and soot, and a bit of wind damage, was exactly as we rushed out of it 36 hours earlier.

As I write, the President of the United States is flying over San Diego County, no doubt viewing the black squares on the ground that use to be homes. He has also probably seen the uncontrolled fires that continue to toward other vulnerable neighborhoods.

Many in the media have felt compelled to compare what has happened here to New Orleans after Katrina, but it's not a fair comparison. Katrina was far more devastating. Early estimates place the total damage of the wildfires in the range of $1 billion, while Katrina insurance losses far exceed $40 billion. In addition, during Katrina the very infrastructure of the community was destroyed, here in San Diego most major roads are open, there is power and water available to nearly the entire county, and most public services are being provided.

This is not to say it won't be a Katrina-like experience for those who have lost homes in these fires. Affected homeowners will soon begin a journey down the long road of insurance claims as adjusters decided what's covered and what's not, and as homeowners decide how they can rebuild their homes as quickly as possible with the money available. But all the early indications are that insurance companies are going to be watched very closely as these property damage claims are adjusted.

Here are some helpful suggestions from the California Department of Insurance, who has many agents on the scene.

After a loss has occurred:
Contact your insurance company immediately to report your loss. Follow the instructions given to you by claims personnel. Ask questions if you do not understand your adjuster's instructions. From the beginning, keep a log of the names of the people you speak with along with dates, times, and a summary of the pertinent points of each conversation.
Act prudently to prevent further loss to your property. Insurance policies may not cover ensuing damage if you have not taken reasonable steps to protect against subsequent property damage.
Take pictures documenting damages.
Do not rush into repairs or rebuilding without first considering all your alternatives.
Ask your insurance agent or company representative to help you with your claim, and don't be afraid to ask questions. Your insurer provides an adjuster at no charge to you. If you decide to work directly with your insurer, you still have the right to hire a third-party professional (e.g., public adjuster or lawyer) to help you.
If you hire a public adjuster or attorney to help you with a claim, be certain that the adjuster is licensed and that the lawyer is in good standing. Public adjusters and lawyers will usually require a percentage of the claim settlement for their services. It is important that you understand what services are being provided and the fees that will be charged. Ask your friends, relatives, or business associates for the names of well-regarded professionals in your communit
To verify a public adjuster's license, call the CDI (California Department of Insurance).
To learn about attorneys and standards for lawyer-client fees, or to file a complaint against an attorney, contact the California State Bar at 800-843-9053.
Do not repair or replace your loss without first getting instructions from your adjuster, since your insurer's visual inspection of your loss may be necessary before repairs begin.
Do not throw away damaged property until your adjuster advises you it is all right to do so.

It bears repeating that anyone making an insurance claim must not be afraid to ask questions. It is imporant that you understand the process as it unfolds. Also, as nice and sincere as your insurance adjuster might be, do not assume that he/she has your best interests at heart. Finally, if you believe strongly about an aspect of your claim, be prepared to fight for it. This is, after all, your life and your property!

Originally posted at InjuryBoard by Randy Walton

Insurance Companies Cheat Victims, Increase Profits

Randy Walton — Tue, 16 Oct 2007 11:32:58 GMT

Thousands of Americans are learning a sad insurance secret the hard way, when there's a disaster, insurance companies homeowners count on to protect them from financial ruin routinely pay less in insurance claims than what the insurance policies promise.

Bloomberg News has reported that in the last 12 years, insurance company net income has soared, recording record profits, while paying less to victims of catastrophes who have helped the the insurance companies make those profits.

Property-casualty insurers, which cover damage to homes and cars, reported their highest-ever profit of $73 billion last year, up 49 percent from $49 billion in 2005, according to Highline Data LLC, a Cambridge, Massachusetts-based firm that compiles insurance industry data.
Insurers often pay 30-60 percent of the cost of rebuilding a damaged home -- even when carriers assure homeowners they're fully covered, thousands of complaints with state insurance departments and civil court cases show.
The 60 million U.S. homeowners who pay more than $50 billion a year in insurance premiums are often disappointed when they discover insurers won't pay the full cost of rebuilding their damaged or destroyed homes.
Property insurers systematically deny and reduce their policyholders' claims, according to court records in California, Florida, Illinois, Mississippi, New Hampshire and Tennessee.

It is not uncommon for insurance companies to refuse to pay market prices for homes and replacement contents. Computer programs are used to reduce claims payments, policies are changed with no clear explanation, and sometimes they ask their adjusters to lie to customers.

"It's despicable not to make good-faith offers to everybody," says Robert Hunter, who was Texas insurance commissioner from 1993 to 1995 and is now insurance director at the Washington-based Consumer Federation of America.
"Money managers have taken over this whole industry," Hunter says. "Their eyes are not on people who are hurt but on the bottom line for the next quarter."
The industry's drive for profit has overwhelmed its obligation to policyholders, says California Lieutenant Governor John Garamendi, a Democrat. As California's insurance commissioner from 2002 to 2006, Garamendi imposed $18.4 million in fines against carriers for mistreating customers.
"There's a fundamental economic conflict between the customer and the company," he says. "That is, the company doesn't want to pay. The first commandment of insurance is, 'Thou shalt pay as little and as late as possible.' "

We have seen it again and again in our cases. People with legitimate claims call us to see if the "offer" they received from the insurance company after an accident is a fair one. More often than not, it at least four or five times less than what the case is reasonably worth.

Originally posted at InjuryBoard by Randy Walton

Personal Injury: Production Company Sued As Pretend Military Training Turns Real

Randy Walton — Fri, 12 Oct 2007 09:24:33 GMT

Jesse Klinger was an 18-year-old Marine when he arrived at Camp Pendleton from some training before being deployed to the Middle East. One of the training exercises was designed to simulate the ordeal of interrogation by the enemy, and included actors playing the role of interrogator.

During the mock interrogation, Klingler's mouth was gagged, he was blindfolded and his wrists and ankles were bound behind him. The actors screamed at Kingler and struck him with their hands and feet during the role play, then an AK-47 was pressed into his crotch area and the trigger was pulled, resulting in "dry fire."

According to a personal injury lawsuit filed by Kingler, the interrogators then loaded the AK-47 with blanks and placed the gun up against his right thigh and pulled the trigger, forgetting that even when shooting blanks you are supposed to stand at least 15 away because of the force of the discharge. The shot severely injured Klinger's leg.

Klinger sued Stu Segall Productions Inc., which runs a motion picture and TV studio here in San Diego, and who has claimed it "just forgot" the blank could cause injury.

According to his attorney, Klinger today lives with a giant scar and a big muscle mass lost, and sees a psychiatrist for post-traumatic stress disorder.

The case is set for trial next week.

Originally posted at InjuryBoard by Randy Walton

Product Liability: Lawsuit Filed Over Curious George Dolls

Scott Barber — Thu, 11 Oct 2007 10:51:48 GMT

Oakland-based Center for Environmental Health has sent a legal complaint to Marvel Entertainment Inc., which markets the Curious George Birthday doll. Alarmed by new testing that reportedly found high levels of lead contamination in the doll, the group is brandishing California's Proposition 65 environmental law in its drive to get lead out of the toy chest.

California has identified lead as causing cancer and birth defects. It is believed to be particularly harmful to children. Proposition 65, an initiative approved by voters in 1986 known as the California Safe Drinking Water and Toxic Enforcement Act, requires manufacturers or retailers to post warning notices on all such products.

In its complaint, Environmental Health accused Marvel of failing to post notices on its Curious George packaging warning that the doll had paint and plastic components that contain lead. The center said its testing showed one doll contained 6,000 parts per million of lead, more than 10 times the legal limit.

If you have any questions regarding this product or any other product liability matter please feel free to contact our offices.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Scott Barber

Criminal Trial in Dog Bite Case

Randy Walton — Tue, 09 Oct 2007 09:03:02 GMT

A veterinarian who is afraid of dogs? That's how Nancy Matthews of Valley Center describes her dog bite experience after being viciously attacked by two boxers near her Valley Center home. Matthews was attacked in November while taking a walk with her two young.

Pedro Balerio Torres, the owner of the dogs, will stand trial this month on two felony charges for failing to protect the public from his dogs. He faces a sentence of three years if convicted.

Understandably, the attack has been devastating to Matthews and her family.

Matthews said she was hospitalized for six days after the attack, which left her with bites and scars over most of her body. She said a doctor sutured more than 20 areas on her head, right ear, legs, arms and back, and that her right leg had a hole big enough to put her fist through. She also suffered a severed left bicep and several sliced muscles, and required a blood transfusion, she said.
She and the boys had finished climbing the "infamous steep hill" ---- a family tradition ---- and had each collected a pebble to mark the accomplishment when she first saw the dog blocking their path, Matthews told the North County Times. She said she reached for her sons' hands and started to back away, calling out to the Torres house for help.
"The dog cocked his head and looked at me, and then his expression turned suddenly ferocious," Matthews said.
Eventually Torres' wife ran out and stopped the attack, but the woman apparently didn't call an ambulance because she didn't speak English.

Matthews' life has been upended. She said her medical bills far exceed $100,000, much of it coming out of her own pocket and placing her family in debt. To add insult to injury, Matthews is a veterinarian who is unable to work because of a paralyzing fear of dogs.

Civil litigation is pending. Let's hope Nancy obtains the relief she deserves, and is fully compensated for this horrible attack.

Originally posted at InjuryBoard by Randy Walton

FL Longshoreman Settles Serious Personal Injury Lawsuit For $13.2 Million

Scott Barber — Wed, 03 Oct 2007 10:50:33 GMT

A Florida longshoreman who sustained serious personal injury when he was almost crushed to death at work has settled his case for $13.2 millon. It is believed to be the largest such settlement in Florida history.

Michael Clarkin, who was employed as a clerk to track the movements of containers, was severely injured when a 20 foot shipping container fell on his Ford Explorer work vehicle. A machine that lifts the containers malfunctioned and the container dropped. The failure was blamed on a design defect that was later corrected. The container crushed Clarkin's Explorer, causing severe injuries to his legs, back and nervous system. Clarkin sued Kalmar Industries, which made the lifter, Gregory Poole Equipment Co.,,the distributor, and the Ports Authority.

Originally posted at InjuryBoard by Scott Barber

Tainted Beef Recalled

Randy Walton — Tue, 02 Oct 2007 07:25:34 GMT

San Diego County health department officials are urging county residents to throw out beef products from Topps Meat Company. The meat was recently recalled because of possible E.coli contamination.

Topps Meat Company announced the recall on September 25, and expanded it to include 21.7 million pounds of frozen products after federal health inspectors discovered new E. coli contamination. The meat is sold locally at Albertsons and possibly Walmart stores, and includes brand names such as Butcher's Best, Kohler Foods, Mike's, Pathmark, Rastellis Fine Foods, Roma, Sam's Choice Backyard Gourmet, and Sand Castle. Also look for a prited establishment number "Est. 9748."

Consumers should also use a thermometer to make sure ground beef is cooked to a safe temperature of 160 degrees Fahrenheit.

For a full list of recalled products, visit the FDA's Food Safety and Inspection Service website. Topps has also set up a toll free hotline at (888) 734-0451.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Randy Walton