San Diego Personal Injury Lawyer Blog

San Diego News 10 reported that 18-year-old Junethea Centeno, a student at Palomar College, was fatally injured on April 12, 2011. The auto accident happened around 3 a.m. when Junethea was driving northbound on I-15 near Felicita Road, lost control of her Honda Civic, and struck the corner of an unmarked and unprotected concrete barrier. Her father June Centeno, a Navy corpsman, was quoted as saying, "If she only hit the side of the road where the barrier is, the car could have slid down, versus hitting the end of a barrier. If things were set up the way they should be, they could have softened the impact. She'd be alive today." Junethea's boyfriend, Jon Mata, who came to the accident scene shortly after the crash, said that there were no cones, drums, reflectors, or other safety measures taken by construction crews, which might have saved her life.

Our deepest sympathy goes out to the Centeno family and friends.

Applicable California Law

The Centeno family will have potential wrongful death claims against Caltrans, any contractors, and or subcontractors responsible for the condition of the highway that caused Junethea's death (see my prior Blog post on California Wrongful Death Law). In order to present any claims, a notice of claim must be filed with the appropriate government agency (see my prior Blog post on the Government Claims Statute). However, it is not clear why Junethea lost control of her vehicle in the first instance. If her conduct contributed to her death, then any claims would be reduced proportionately.

A young life tragically lost due to the failure to take appropriate safety measures. Auto accidents on the highway usually result in serious injuries or wrongful death. Knowing the deadlines that need to be addressed, claims that need to be made, and who is entitled to compensation, are some of the benefits of consulting with a personal injury attorney.

NORTH COUNTY TIMES Reporter Morgan Cook reported that 56-year-old, Manuel Moreno of Valley Center, died on July 27, 2010 while working at his job at Evergreen Nursery in Oceanside. According to Oceanside police officer Ernie Thibodeaux a co-worker found Moreno trapped in a conveyor belt of a soil-filtering machine. The accident happened between 8:15 a.m. and 9:00 a.m. when he allegedly slipped while jumping from the machine to a tractor he had been using. Apparently his arm got caught between the conveyer belt and a wheel of the machine, causing him to be pulled forward and trapping him against the machine until he stopped breathing. He was dead when officers arrived at the scene shortly after the incident was reported. He is survived by his daughter, son, and other family members.

Our condolences go out to the Moreno family and friends.

Applicable California Law

It is not clear exactly how Moreno's arm got caught in the machine. However, if the machine did not have safety devices such as guard rails, or an emergency shut off mechanism, there could be a potential products liability claim. Products Liability claims are based on various legal theories including negligence, strict liability, or breach of warranty of fitness. They can arise out of design defects, manufacturing defects, or marketing defects such as inadequate/failure to warn off dangers. All parties in the chain of distribution from the manufacturer to distributers, to name a few, can be held liable. In this particular instance, a thorough investigation of the accident, including a scene investigation by an accident reconstruction/ human factors expert and mechanical engineer who is familiar with these types of machines, would be required to evaluate the merits of any claims. I would refer you to my prior Blog posts relating to the law on survivor action, wrongful death claims and how workers compensation law would apply.

Tragedy can strike at any time resulting in serious injury or wrongful death. Work related accidents arising out of auto accidents, truck accidents, construction accidents, or other job related injuries can be devastating. Having your case promptly reviewed by an experienced personal injury attorney is critical.

SANTA BARBARA INDEPENDENT reporter, Tyler Hayden, reported that Verizon has agreed to settle a wrongful death law suite for $7 million for the death of 49-year-old, Jose Vega, a Santa Barbara Housing Authority employee. The law suite arose out of a September 23, 2009 accident involving Mark Selander, a Verizon employee, who was driving a Verizon truck the wrong way on Highway 101 when he hit Vegas minivan head-on. Mr. Selander was suffering from a diabetic reaction when he got on the highway causing a six car accident. Verizon had knowledge of Selander's "condition" but failed to do anything about it. He was also sleep deprived after working the graveyard shift when the accident occurred.

Applicable California law

Mr. Vega's heirs, his wife Reyna, children and grandchildren will share in the settlement proceeds. Please see my prior Blog post on wrongful death law. Under a legal concept sometimes referred to as "respondeat superior" (Latin for "Let the superior answer",) an employer is legally responsible for the actions of its employees. However, this rule only applies if the employee is acting within the course and scope of employment. In other words, the employer will generally be liable if the employee was doing his or her job, carrying out company business, or otherwise acting on the employer's behalf when the incident took place. The purpose of this rule is fairly simple: To hold employers responsible for the costs of doing business, including the costs of employee carelessness or misconduct. If the injury caused by the employee is simply one of the risks of the business, the employer will have to bear the responsibility. In this case Verizon allowed Selander to continue to drive their trucks despite their knowledge of prior diabetic reaction incidents. Depending on the circumstances, Verizon could have been subject to punitive damages.

The loss of a husband, father, or grandfather is devastating. A settlement or jury award in any wrongful death case is merely an attempt at compensating the injured for a loss that is impossible to adequately compensate. The loss of a loved one in a auto accident, truck accident or work accident requires the counsel of 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.

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.

Researchers at the University Of California San Diego and other research facilities around the world are exploring the benefits in the use of folic acid in treating brain and spinal cord injuries. It is well known that pregnant woman who do not consume enough folic acid (vitamin B9), have a higher risk of giving birth to babies with neural tube defects such as congenital deformities involving the development of the spinal cord and brain. Researchers at the University of Wisconsin, Madison have collected significant data suggesting that the use of folic acid might be beneficial in treating spinal cord and brain injuries. Folic acid was also found to promote healing and nerve cell regeneration following injury in rodents. Commentary by researchers at Universitatsmedizin Berlin, Germany indicate that the study data provides a rational for testing folic acid supplements on patients with spinal cord and brain trauma.

Hope For The Future.

Cutting edge and progressive research such as the use of supplements and other therapies including stem cell, are vital in promoting alternative treatment for brain injury and spinal cord injury victims. Individuals who have sustained serious injuries often have limited treatment options and have life long challenges, which impact their quality of life.

I have seen many people over the years who have sustained brain and spinal cord injuries in auto accidents, motorcycle accidents, construction accidents, or from a slip and fall accident.The development of new treatments provides hope for the future. An experienced personal injury attorney can be a great resource in dealing with serious injuries.