San Diego Personal Injury Lawyer Blog

UNION TRIBUNE STAFF WRITERS Tanya Manners and Steve Schmidt reported that 17-year-old BreAnna Erickson died as a result of a auto accident on May 28, 2010. She was a passenger in a Acura Legend, which was traveling northbound on Saber Springs Parkway. Authorities said the vehicle was speeding around a curve when it crossed into oncoming traffic and hit a box truck. Rescuers used the jaws of life to extract BreAnna from the back seat, but she was pronounced dead at the scene. The driver and four other passengers were transported by ambulance to local hospitals. Residents near the crash site said the spot has long been a neighborhood concern as speeding is a chronic problem on the two lane section of the parkway which has a long sweeping bend. "It can get extremely bad" said Ron Leos, a 15-year-old resident. "I can see how the car lost control, coming around. I didn't know these kids, but it's so unfortunate."

Our condolences go out to BreAnna's family and friends. We also wish a speedy recovery to the other occupants of the vehicle.

Applicable California Law

I would refer you to my previous blog posts for the applicable law on wrongful death and survivor actions. The fact that the accident resulted in a wrongful death and multiple potential claims for personal injury requires a close analysis of the potential parties responsible for the accident. The driver of the Acura would be the obvious choice to blame for the accident since they were speeding however, does the driver or the owner of the vehicle have adequate coverage to resolve all potential claims? The nature and extent of the other occupants' injuries are unknown, but any time there is a wrongful death claim, concerns of the amount of available coverage is generally paramount. Looking at all factors contributing to the cause of the incident requires looking beyond the obvious. The fact that the location of the accident is of concern to nearby neighbors is an indication that there have been other serious accidents at the location before. This could be an indication that the design and or the maintenance of the roadway could have contributed to causing the accident. City, County or State agencies could be potentially responsible for causing the incident and provide additional resources to help adequately compensate the injured or their families. When public or government agencies have potential liability special reporting requirements need to be strictly complied with, please see my previous posts on this issue.

Auto accidents resulting in the wrongful death of a loved one or causes serious injury, is devastating to the injured and their families. Complicated issues relating to causation, liability or damages requires expert analysis and or opinion. Recognizing these issues and knowing which experts to consult with, is only one of the benefits of talking to an experienced personal injury attorney.

The Journal of the American Academy of Orthopedic Surgeons published the results of a study on new developments in the management of spinal cord injuries (SCI). The eventual cure will involve the use of expertise in different fields, according to Dr. Ranjan Gupta, MD, professor of orthopaedic surgery, anatomy and neurobiology and biomedical engineering at the University of California, Irvine.

• Each year, approximately 12,000 men and women sustain and survive spinal cord injuries, and about 259,000 Americans currently live with a long-lasting SCI.
• Although traditionally associated primarily with young adults, today the average age of SCI patients has risen to 40.2 years.
• Automobile crashes are the most common cause of SCI, and males are most often affected, comprising almost 81 percent of all SCI patients.

Dr. Gupta stated that newer therapeutic approaches such as, stem cell therapy and novel drug formulations, are the most promising for SCI victims. "Yet, spinal cord injuries are especially difficult to treat because they involve more than a direct injury to the spine," noted Dr. Gupta. "The primary mode of an SCI involves changes to the patient's anatomy that occur as the result of the actual traumatic event. Secondary injuries may occur as a result of how the body responds to the primary injury, usually by producing scar tissue that can make treatment problematic." The research, development, and use of new drugs and cellular transplantation in the treatment of the secondary injuries are the most promising. "Yet, to maximize the chances for recovery after SCI, early surgical intervention is essential," he stated. Clinical trials with animals involving pharmacological intervention and the fact that the FDA is being more receptive to cellular transplantation trials, form the foundation for future human trials.

Spine injuries resulting from auto accidents,motorcycle accidents, construction accidents and other traumatic accidents can be life changing. Prompt medical treatment can have a dramatic effect on the ultimate outcome in resolving injuries and minimizing any residual effects. However, research leading to new approaches in the management and treatment of spine injuries and brain injuries are extremely important. Contacting an experienced personal injury attorney if you have been seriously injured is equally important.

According to a new study in the Journal of the American Medical Association (JAMA) major depression following traumatic brain injury (TBI) is the leading and most disabling cause of psychiatric injury, regardless of degree and severity of the trauma. Despite the high incidents of major depression following TBI, it is often not treated, resulting in poor quality of life for victims. Of the 1,080 TBI patients admitted to a Seattle trauma center, 599 participated in the study between June 2001 and March 2005 were followed for 12 months. Participants, who were primarily men injured in auto accidents, exhibited signs of major depression eight times greater than that which would be expected in the general population.

According to Dr. Jesse R. Fann from the University of Washington School of Medicine and one of the studies' principle researchers, "less than half of the people who were found to have major depression received any treatment during the first year", despite the fact that major depression during the first year was associated with poor quality of life and ability to function. Treatment for TBI generally focuses on the injury and its effect on a person's ability to think clearly. The researchers wanted to determine the frequency of severe major depression following a major traumatic brain injury and its affect on recovery. Excluding participants who were depressed at the time of injury, 49 percent of the remaining participants experienced "new" major depression. Researchers suspect that these estimates are "conservative" and underestimate the problem.

Victims who sustain traumatic brain injury in auto accidents, motorcycle accidents, or other accidents often do not appreciate the nature and extent of their injuries. Far too often they delay in getting the medical treatment they need and deserve, which may result in complications that could have potential devastating effects on their lives. Recognizing these and other complex issues is one of the many benefits of contacting an experienced personal injury attorney.

San Diego 10 News reported that 11 students were injured in a bus accident at the Golden Acorn Casino on the Campo Indian Reservation on 5/18/10. The fifth grade students from Yuma, Arizona stopped at the casino for a break on their way to the San Diego Zoo, when the bus hit a light pole propelling them out of there seats and injuring several students. According to Mike Mahler of Cal Fire, the children were taken to Sharp Grossmont Hospital and Alvarado Hospital to be examined. Although the accident is still under investigation, reports say the bus driver was turning and did not see the pole.

Applicable California Law

The parents, as the injured children's representatives, would have potential claims against both the driver of the bus as well as the company who employed the driver, assuming the driver did not work for the school district, which owned the bus. The school district could be liable, if the bus driver was one of their employees, and claims would need to be filed with the appropriate agencies in compliance with local Arizonian laws. As a general rule, the place where an accident occurs is where any potential law suites should be filed. Since the incident took place on an Indian Reservation, and the U.S. government recognizes Indian Tribes as sovereign nations, their tribal laws would govern the policies and procedures for resolving any law suites. However, in Southern California the cases would be adjudicated by the Intertribal Court of Southern California if a tribal member or the casino was partially responsible for the accident. If all the parties to the law suit reside in Arizona, then the action could be brought in that jurisdiction.

A simple trip to the zoo resulted in an accident causing personal injury. A brief moment of inattention or distraction can result in injury or death. Auto accidents, pedestrian accidents or any accident involving a large vehicle, such as a bus accidents, can cause injuries. If you or someone you know has been injured in a bus accident, talking to an experienced personal injury attorney can help resolve complicated issues

THE ASSOCIATED PRESS reported that a Sacramento County jury awarded $29.1 million dollars in a case involving the death Frances Tanner, a 79-year-old Stockton woman. The jury awarded $28 million in punitive damages and $1.1 million in compensatory damages against Colonial Healthcare and its' partner, Horizon West Healthcare Inc., for Tanner's 2005 death caused by elder abuse. Ed Dudensing the attorney representing Tanner's daughter, Elizabeth Pao and her estate said "the jury made the award they did because they rejected the way Horizon West did business." According to Tanner's daughter, her mother was suffering from dementia when she moved into the home and subsequently suffered a broken hip in a fall and died from an infected bedsore. The jury heard evidence of chronic understaffing, poor medical documentation, and other acts on neglect. Additional evidence of the companies' finances and business practices led to the punitive damage award.

Our condolences go out to the friends and family of Mrs. Tanner.

Applicable California Law

My prior blog posts detail the law related to wrongful death cases and I would invite you to review them for the applicable law. California Civil Code Section 3294 determines when punitive damages can be awarded. As applied to employers, punitive damages based on the conduct of an employee may be awarded in various situations such as where the employer :

• Had advanced knowledge that the employee was unfit an employed him or her with conscious disregard of the rights or safety of others
• Authorized or ratified the bad conduct; or
• Commits one or more acts of oppression; or
• Commits fraud, such as a "cover up" or lying about events;
• Engages in one or more malicious acts

If the employer is a corporation then the claim of "conscious disregard " must be the act of "an officer, director, or managing agent" of the corporation having the power to influence corporate policy. Punitive damages are awarded in limited situations and are designed to act as a deterrent by punishing the wrongdoers. It is clear that in this particular case, the jury was trying to send a clear message to the corporations and their employees.

Cases involving Nursing Home Negligence are becoming increasingly prevalent. As large corporations who operate them focus more on profits and less on providing services, the danger to nursing home and assisted living residents increases. This is further aggravated by insurance companies reducing reimbursement for services, which results in the hiring of poorly screened, under qualified employees, and under staffed facilities. It is crucial that family and friends are vigilant in monitoring nursing home residents. If a loved one or some one you know, shows any signs of neglect or abuse while living at a nursing home, contact a experienced personal injury attorney.

Scientists at the 2010 Annual Meeting of the American Roentgen Ray Society, held in San Diego, unveiled a new technique for scanning spine injuries. The scan, which is called CT spine reformatting, could eliminate the need for x-rays, lower radiation exposure, and provide a more economical way of evaluating spine injuries to the mid and low back regions.

Studies conducted at the University Of Calgary's Foothills Medical Center with patients who had reformatting CT scans and x-rays of the same parts of the spine, showed that x-rays were less accurate than the scans. According to Viesha Clure, lead author of the study, "the x-rays provide no additional information, and in fact, some of these fractures were not seen on the x-rays." The new technique makes diagnosis and treatment of spine injuries more precise and effective.

Development of safer, more cost effective and accurate techniques for evaluating traumatic spine injuries is crucial for victims of personal injury. In far to many cases when injuries are not properly diagnosed and treated, resolution of injuries is prolonged and can lead to permanent residual effects. Some of the most common causes of spine injuries arise from auto accidents, motorcycle accident or slip and fall accidents to name a few. Receiving prompt medical treatment using the latest technology can have a great influence on the outcome of serious injuries. Knowing about cutting edge technology and treatment options is one of the many benefits of talking to an experienced personal injury attorney.

SAN DIEGO NEWS NETWORK reported that 60-year-old Martin Davidoff of Riverside county was severely injured with burns over most of his body resulting from a motorcycle crash on State Route 76 near Pala on May 2, 2010. According to the California Highway Patrol, Davidoff was riding his motorcycle eastbound, at around 1:30 p.m., when he rear-ended a pickup truck, which was stopped in traffic. The impact caused the motorcycles gas tank to rupture and spill gas on the road and Mr. Davidoff, subsequently a fire ignited the fuel, covering him in flames. Passers-by pulled him from the wreckage and a Pala tribal police officer, who was in the area, put the flames out with a fire extinguisher. Davidoff was airlifted to UCSD Medical Center in serious condition.

We wish Mr. Davidoff a full and speedy recovery from his injuries.

Applicable California Law

Since the driver of the pickup truck did not complain of injuries at the scene, her physical condition is unknown at this time. It is unclear as to what caused Davidoff to rear-end the pickup truck as the CHP in Oceanside is still looking for witnesses. However, the fact that the gas tank failed would lead to suspicion of a possible defect. To evaluate the merits of a potential product liability claim, a thorough investigation of the accident scene, the vehicles involved, as well as the motorcycle, must be conducted. Expert opinion would be required to determine if the motorcycle, any of its' component parts, or possibly its' design was defective. If, after a comprehensive analysis, it is determined that the motorcycle was defective Mr. Davidoff could pursue a claim for damages. His rear-ending the pickup could have been a contributing factor, which could affect the value of his claims.

Serious and sometimes catastrophic injuries are common in cases involving motorcycle accidents. Taking prompt action in gathering, preserving, and analyzing evidence is critical to being able to prove liability, causation, and damages. In far too many instances evidence is lost, destroyed, or otherwise becomes unavailable, making it hard or impossible to prove your case. This is true in most accidents resulting in serious injuries such as auto accidents, bike accidents, truck accidents and, in particular, accidents involving product liability. Talking to an experienced personal injury attorney can make the difference in preserving your options.

San Diego Reader reporter Dorian Hargrove's story chronicles the events of Dorian, a traumatic brain injury survivor, and his family following his September 22 accident. The story focuses on a young San Diego man, whose life took a devastating turn of events one late afternoon when he decided to take his dog for a walk while riding his skate board. His dog was pulling him down a street past a construction site where water mains were being replaced, when the wheels of his skateboard hit a crack. The board stopped but he was launched into the air and hit the right side of his forehead on the pavement. Since there was no blood or signs of injury when a neighbor came to his aide, Dorian refused any help at first, but was transported to Scripps Memorial Hospital by the Fire Department. A CT scan revealed bleeding and bruising of the frontal lobes of his brain requiring him to be put into an induced coma. In the days to follow doctors had to remove parts of his skull to alleviate the pressure on his brain, which continued to swell, he also developed two cases of pneumonia and other complications almost causing his death.

Our thoughts and prayers go out to Dorian, his wife Aimee, and the rest of his family.

Applicable California Law

There are no details as to who was doing the construction, the City, the County or an independent contractor. If the condition causing Dorian's fall was caused by the construction, a timely notice of claim must be filed with the government agency doing the construction, or whoever hired the contractor that was doing the work. If an independent contractor caused the harm, negligent hiring or supervision by the public entity must be established (Government Code 851.4). The independent contractor would also be liable for any negligence causing injury or other damages. If a condition of the property where Dorian was injured contribute to causing his injury, the owner could also be held responsible if they knew or should have known of the defective condition. However, the fact that Dorian chose to have his dog pull him by it's leash and was not wearing a helmet, will have a great effect on the value of his claim as being contributing factors in causing his injuries.

Like Dorian, many times people do not appreciate the nature and extent of their injuries and delay in getting medical treatment, which can be life threatening. Serious and devastating injuries can happen at any time and usually when least expected. Dorian's story is a compelling example of how one's life can change in an instant. Knowing the available resources, who should be held accountable, and complying with time deadlines is beyond most people's knowledge. If you or a loved one has sustained a traumatic brain injury or any serious injury due to construction site negligence, premises liability, auto accident, or other wrongful conduct contact an experienced personal injury attorney.