Hiring the Right Personal Injury Lawyer

by Rachel Smith on May 3, 2012

Image Credit: DaKohlmeyer via Flickr Commons

Four years and nine months have passed and Manuel Vega is still waiting for the promised documents. He blames the lawyers, on both sides, for the lengthy wait. At the center of the debate is the release of documents detailing the activities of and disciplinary actions against priests charged with molesting children.

Manuel Vega was in the courtroom when the Los Angeles Archdiocese agreed to pay clergy abuse victims a landmark $660-million settlement. The bailiff had to whisk some of the victims out to make room for all the high-fiving lawyers filing in for their payday, he says.

“Some were even chest-bumping,” recalls the retired police officer. “To me, it looked like a frat party.”

Vega, who says he was molested as a boy by a priest in Oxnard, went along with the settlement only because his attorneys assured him the church would turn over confidential personnel files that would reveal the truth about priest abusers, and those who shielded them, including Cardinal Roger M. Mahony. Four years and nine months later, Mahony is retired, but not a single page from the files has seen the light of day.

Complaints about the delay have become a litany trotted out every year, along with accusations the church is stonewalling to protect its own, and Mahony’s, legacy. What’s different about Vega’s complaint is that he blames not only the church but his own lawyers.

“They took the money and ran,” he says. LA Times, 28 April 2012.

The article reinforces the importance of hiring personal injury lawyers you can trust to handle your case appropriately, even after the settlement is received. If you’re in the Torrance or San Diego area, and you’re in need of an ethical personal injury lawyer, we’re here to help. You can submit a free case evaluation in the sidebar to the right, or use our free guide How To Find A Personal Injury Lawyer.

Supreme Court Says Baca Can Be Held Liable

by Rachel Smith on May 1, 2012

The United States Supreme Court has refused to protect Los Angeles County Sheriff Lee Baca from a lawsuit filed by Dion Starr, a LA County inmate, who was stabbed almost two dozen times be a fellow inmate. The court upheld a previous ruling by the U.S. 9th Circuit Court of Appeals which stated that “Baca could be sued for “deliberate indifference” to the inmate’s rights since he was aware of jailhouse violence and had failed to take action to stop it.”

Read the complete article: U.S. Supreme Court refuses to shield Baca from inmate lawsuit.

Boy Scouts of America Contests Release of Documents in Sex Abuse Case

by Rachel Smith on April 27, 2012

Lawyers for the Boy Scouts of America are contesting a judge’s order for the release of 20 years of private documents. The order is a result of a negligence lawsuit brought against the BSA by a former scout. He has claimed that “a local Scout executive tried to talk the boy’s mother out of reporting the crime to police and cites that as an example of a longstanding effort to conceal widespread abuse in Scouting.” His lawyer believes personnel files will reveal systematic coverups of abuse.

The order comes after failed mediation attempts.

“The confidentiality of the files encourages prompt reporting of questionable behavior, removes the fear of retaliation and ensures reporters, victims and their families the privacy they deserve,” spokesman Deron Smith said Thursday.

In a writ filed this week with the California 2nd District Court of Appeal, the Scouts seek to reverse a ruling by Santa Barbara County Superior Court Judge Donna Geck, who in January ordered all files dating to 1991 turned over to the boy’s lawyers but not made public. She has since set a May 9 deadline to do that. LA Times, 27 April 2012.

The BSA has been plagued with allegations of sexual abuse and coverup over the past few years. Read more about the issue on the LA Times website.

Mother and Daughter To Stand Trial for Deadly Pit Bull Attack

by Rachel Smith on April 26, 2012

Emako Mendoza (via the LA Times)

A judge has ordered a mother and daughter to stand trial for involuntary manslaughter. The charges came after pit bulls owned by Alba Cornelio, 40, and Carla Cornelio, 20, broke through a fence and attacked 75-year-old Emako Mendoza while she was picking up her morning newspaper.

Mendoza died after undergoing several surgeries, including partial leg and arm amputations.

See all of our news coverage on Emako Mendoza.

LAPD Changes Investigation Policies After Officer Caused Crashes Increase

by Rachel Smith on April 25, 2012

The Los Angeles Police Department has changed policies regarding crashes involving officers after a Los Angeles Times investigation revealed that officers caused 1,250 in a three-year period, two of which resulted in loss of life.

Under the terms of the revamped policy, any time an officer is involved in a traffic accident in which someone is killed or injured badly enough to require hospitalization, a team of detectives and officers trained in crash reconstruction will go to the scene immediately.

The team will preserve skid marks and other physical evidence needed to reconstruct the crash and will interview witnesses and compel the officers involved to give their account of what happened, Cmdr. Michael Williams told the Los Angeles Police Commission at the oversight board’s weekly meeting.

Until now, LAPD officers involved in crashes had not been required to speak with investigators, while witness interviews were conducted by regular officers who failed to ask pertinent questions, Williams said. Also, crucial physical evidence was often compromised because accident scenes were not secured, he said.

He added that crash investigations have suffered from a lack of continuity and expertise because investigations are typically started by the department’s crash experts and then reassigned to detectives who are not required to have experience with traffic accidents. Going forward, the crash response teams will handle the investigations from start to finish.

Calling driving “one of the most dangerous things that our officers do,” Chief Charlie Beck said the new rules were a much-needed change. “It’s not just about money, although money is important. It is about officer safety and the safety of the public,” he said. LA Times, 14 Mar 2012.

One deadly accident occurred after a police officer traveling at excessive speeds on city streets without using his sirens or lights broadsided another car, killing the 25-year-old driver of the second car. The family of the victim received $5 million from the city in a settlement.

Officials hope the changes in policy will increase public safety and officer safety by allowing investigators to quickly determine causes for crashes, implement changes to driving protocols, and prevent further lawsuits against the department. For more details of the policy changes, please read the full article on the LA Times website.

Tracing Lettuce Contamination

by Rachel Smith on April 23, 2012

Credit: Adam Cole for NPR

NPR has published an article about the recent lettuce contaminations at Dole Foods and other producers, similar to the recent LA Times article we wrote about this issue on the blog. The author visited Earthbound Farm, a major lettuce producer in the Salinas Valley area, to talk with inspectors about microbe contamination of lettuce products.

Earthbound Farm sells bags of ready-to-eat organic greens by the tens of millions. Six years ago, it was the central figure in a national food safety scare.

It sold some spinach that carried a deadly microbe: E. coli O157:H7. The spinach went all over the country. It made at least 200 people sick. Three people died.

“I was at the center of the investigation and really took it very hard,” says Daniels. “It was just a real tough time to go through, and something that I don’t ever want to go through again.”

But making sure it never happens again is really hard because, despite an intensive investigation, no one knows exactly what caused it to happen the first time. “There was no smoking gun, if you will,” says Daniels.

Investigators found E. coli bacteria that matched the microbes that were making people sick on a ranch that was one of Earthbound’s suppliers. But those bacteria were in animal feces a mile from the spinach field, Daniels says, “with no clear indication of what caused the contamination from a mile away to get into the spinach field itself.” NPR, 19 Apr 2012.

The article goes on to talk about the many ways they are trying to reduce contamination in produce fields. It’s an interesting profile of the measures being taken by companies to prevent further issues.

 

Family of Young Man Files $120 Million Lawsuit Against LAPD

by Rachel Smith on April 20, 2012

Mourners leave the funeral of Abdul Arian. Credit: AP Photo/Reed Saxon

The family of a 19-year-old man shot by police after a high-speed chase has filed a wrongful death suit against the Los Angeles Police Department. Abdul Arian was shot at 90 times after a high speed chase. Civilians were near the suspect as he was being shot, as shown on a video tape taken by a NBC LA helicopter (WARNING: Graphic).

During the chase, Arian called 911, and according to a partial transcript of the call released by the LAPD, he claimed to have a gun and made threats to the police.

“I have been arrested before for possession of destructive devices, I’m not afraid of the cops,” he told the dispatcher. “If they pull their guns, I’m going to have to pull my gun out on them.”

The dispatcher, according to the release, pleaded for Arian to surrender, saying “I don’t want you to hurt yourself.”

Arian responded with expletives and warned that the police are “going to get hurt.”

Police did not recover a gun from the scene.

After cutting across lanes, Arian stopped, jumped out of his car and began running on the freeway. Facing police while back-stepping, he extended both arms with clasped hands, a gesture captured on video by a KTLA-TV news helicopter.

But as Arian headed toward the shoulder of the freeway in the vicinity of a vehicle that had pulled over, he turned again and assumed what police called a “shooting stance.” He appeared to wield a weapon. His uncle believed it was a cellphone. Sources familiar with the investigation who were not authorized to speak publicly confirmed that it was a cellphone. LA Times, 13 Apr 2012.

Our condolences to the Arian family.

Investigators Following Leads in USC Student Murders

by Rachel Smith on April 19, 2012

Credit: Mark Boster/Los Angeles Times

A week after the tragic shooting of two USC students, investigators still have no suspect, despite a $200,000 reward for the arrest of the shooter. The murders occurred on April 11th. Ming Qu and Ying Wu, both from China, were sitting in a parked car talking when a shooter approached the vehicle and shot into the driver’s side.

The electronic engineering students were sitting in a 2003 BMW around 1 a.m. last Wednesday when a gunman came up and shot two or three times into the driver’s side. The two had been chatting, with the car double parked. Property belonging to the two students was missing, leading investigators to suspect that robbery may have been the motive for the crime. Three neighbors heard the gunshots and called 911. Shortly after the shooting, a witness saw a person in dark clothing running from the scene, according to Deputy Chief Pat Gannon.

Gannon said a dark-colored car, possibly an American model, pulled away right after the shots were fired. After reviewing surveillance footage from the video cameras in the area, the LAPD has identified 75 vehicles that fit the description of the dark car. Gannon said detectives are chasing down the ownership of each of the vehicles.

The students had been studying before the attack. Qu drove Wu to the house where she was renting a room. He parked in front of the home, while Wu went briefly inside to change her clothes. She went back outside and the two continued talking in the car. After the shooting, Qu attempted to run for hel, but collapsed on a nearby porch with a gunshot wound to the head, Gannon said. Wu was found slumped over inside the vehicle. LA Times, 16 Apr 2012.

The victims are being remembered in a memorial service at 6 pm this evening at USC’s Shrine Auditorium. Our hearts go out to the victims’ loved ones here in the States and in China.

 

Jury Finds Virginia Tech Negligent And Awards $8 Million to Victims’ Families

by Rachel Smith on April 18, 2012

Ambulances wait on the Virginia Tech campus in Blacksburg, Va., Monday, April 16, 2007. (AP Photo/Collegiate Times)

A jury has found Virginia Tech negligent and awarded $8 million to the families of two victims of the 2007 shooting rampage that left 32 dead. The families of Erin Peterson and Julia Pryde sued for wrongful death, claiming that Virginia Tech “failed to notify students early enough following the discovery of two shooting victims at West Ambler Johnston dormitory.”

The two students were the first victims of Seung-Hui Cho, who went on to kill 30 more people at Norris Hall — home to the Engineering Science and Mechanics Department — after chaining the doors closed. He also wounded 17 people before killing himself.

While the jury awards the families $4 million each, an attorney for the state has asked the judge to reduce the verdict to $100,000 per claim. State law limits awards to $100,000, though the judge approved a request by an attorney for the family to file a motion on the matter.

The university does not believe the evidence presented during the trial showed there was an increased danger on campus, Owczarski, the university spokesman, said.

Since the massacre, the school has beefed up its communications, using methods that include e-mail notices; telephone, cellular phone and text messages; classroom electronic message signs; posters; university website notices; campus loudspeakers and desktop alerts.

In addition, the safety phones in the campus and local community are connected to the campus 911 emergency operator and residential buildings are accessible only through a key card. Door alarms sound, alerting police, if an exterior door is propped open in a residence hall. CNN, 15 March 2012.

The university disagrees with the verdict, and has pledged to review all options available to them.

UC Davis Administrators and Police Made “Critically Flawed” Decisions

by Rachel Smith on April 17, 2012

Image Credit: Wayne Tilcock for The Davis Enterprise

A UC-Davis task force has concluded that administrators and campus police made “critically flawed decisions” during the November 2001 protests that resulted in a campus police officer spraying down students with pepper spray. They released their findings last week.

The report, released Wednesday, said Lt. John Pike’s decision to use pepper spray on seated protesters was “not authorized by policy.” They also said there were multiple instances of other campus police officers, who were unnamed in the report, that were able to calmly walk arrestees through the crowd to a patrol car without the use of force.

“There is little factual basis supporting Lt. Pike’s belief that he was trapped by the protesters or that his officers were prevented from leaving the Quad,” the report stated. “Further, there is little evidence that any protesters attempted to use violence against the police.”

They added that the administration, including Katehi, “share responsibility for many of the decisions discussed and criticized in this report.”

The task force also revealed that the type of pepper spray used was not an “authorized weapon of use” by UCPD. Huffington Post, 11 April 2012

Several of the students have already filed lawsuits accusing the school of violating their constitutional right to free speech.

6-Year-Old Boy Killed After Being Pulled Into Wood Chipper

by Rachel Smith on April 16, 2012

Image Credit: Dana Jensen/The Day

Hundreds of mourners attended the funeral of a 6-year-old-boy after he was killed while helping his father insert branches into a wood chipper.

Jeffrey Bourgeois was putting a branch in the chipper at about 8:45 a.m. when it yanked him into the machine after his father momentarily turned his back, said Lt. J. Paul Vance, a state police spokesman. The accident happened at a home in Salem, a town of about 4,000 people nearly 30 miles southeast of Hartford.

Vance said the accident was so terrible that grief counselors were called to the scene.

“The little guy was apparently trying to help his dad,” Vance said. “It’s a very tragic and difficult scene for everybody.”

Salem First Selectman Kevin Lynden called Tuesday “a very, very sad day for our Salem residents. This was a Salem family, very good family in town, a well-known family. Our hearts and prayers go out to them.” Fox News, 10 April 2012.

Jeffrey was a first-grade student who loved running and was a member of the Boy Scouts. He is survived by his parents and two siblings.

The accident shook the town from all sides of life. In these types of incidents, counseling is a major course of action needing to be taken and the town of Salem has done just that for the family and for the kids and staff of the school the little boy attended.

A heartfelt condolence to the family for such a loss.

Beware of Bold Claims

by Rachel Smith on April 12, 2012

“The Internet has become a useful tool for finding lawyers, but be careful not to get too caught up in the bold claims that many lawyers make on their websites. Look for specific facts which demonstrate the lawyer’s track record of success. Also, beware of websites that “rate” lawyers from around the country. Typically, these ratings are based on how much material the lawyer contributes to the website, not on any assessment of the lawyer’s actual competence.”

from our free guide, How To Find A Personal Injury Lawyer

Delay In Sheri Sangji Criminal Trial

by Rachel Smith on April 11, 2012

Family Photo

Ongoing plea negotiations in the Sheri Sangji case have caused a third delay in the arraignment of UCLA professor Patrick Harran and the UC Board of Regents.  Judge Shelly Torrealba granted the delay. The new arraignment date is June 7th.

Harran and the Board of Regents are accused of “willfully violating occupational health and safety standards.” Sangji’s sister, Naveen Sangji, expressed disappointment at the delay, saying “It has already been four months since the charges were filed, and we would like to see the matter proceed.”

Read more about the Sheri Sangji case by clicking here.

Information source: LA Times, 11 April 2012.

NTSB Recommends Changes After Reno National Championship Crash

by Rachel Smith on April 10, 2012

Credit: Ward Howes / Associated Press

The National Transportation Safety Board has recommended seven recommendations to the Reno Air Racing Association after a September 2011 crash that killed the pilot of a small aircraft and ten spectators.

The National Transportation Safety Board called on the Reno Air Racing Assn. to review its 8.4-mile course to determine if the risk to spectators can be reduced during races of powerful piston-driven aircraft in the unlimited class. Many of them are World War II-era fighters capable of exceeding 500 mph.

NTSB officials recommended pre-race inspections, testing and engineering evaluations to ensure that unlimited-class aircraft can withstand the stresses of high-speed competition. They also called on the racing association to provide training so pilots can better cope with high G-forces that can incapacitate them.

Investigators further recommended safety barriers for spectator and pit areas and that the Federal Aviation Administration review its air race guidelines. The distance between the crowd and race course exceeded the FAA’s minimum requirement of 500 feet during the event, but NTSB officials were concerned that more distance might be necessary because of the race’s high speeds. LA Times, 10 Apr 2012.

The crash occurred during the 2011 Reno National Championship Air Races in Nevada. Officials have stated that a broken elevator trim tab caused a loss of control resulting in the pilot losing consciousness. The plane crashed within a few seconds of the incident. The pilot had not tested the aircraft prior to the race.

Family of Stabbing Victim Sues LA Unified School District

by Rachel Smith on April 5, 2012

Image credit: Family Photo

Family members of Cindi Santana, a South East End High School student stabbed to death by her ex-boyfriend, have filed a lawsuit against the Los Angeles Unified School District and school principal Maria Sotomayor alleging “wrongful death, negligence and intentional infliction of emotional distress.” They are seeking unspecified damages.

The attack occurred on school grounds. Abraham Lopez, the attacker, approached Santana and started a confrontation. He then started choking her and stabbed her repeatedly. A fellow student and school dean attempted to stop the attack and were also stabbed.

According to the suit, Meza and her late daughter met with Sotomayor shortly before the attack to discuss alleged threats Lopez made against her.

They also told the principal that Lopez was about to be released from jail for making the menacing statements and that the girl was worried about what might happen to her, according to the complaint.

Sotomayor and the LAUSD promised them Cindi would be safe, according to the plaintiffs.

In reality, (they) did nothing to protect Santana while (she) was attending school…,” the suit alleges. “Sadly, (their) actions and omissions led to Cindi’s death.”

Los Angeles Unified School District Superintendent John Deasy said in October that Meza notified Sotomayor about Lopez’s alleged threats and that campus security officials were on the lookout for him. Lynwood Patch, 29 Mar 2012.

Santana’s death has brought a great deal of attention to the issue of teen dating violence in Los Angeles area schools. Middle school students recently celebrated Denim Day, keeping Cindi in mind as they distributed information to prevent sexual violence.

7 Killed At Oakland University After Gunman Attacks Students

by Rachel Smith on April 3, 2012

Gary Reyes / San Jose Mercury News

A recently expelled student of Oikos University in Oakland has killed several students attending class at the university. One L. Goh, 43, entered a classroom and opened fire, killing six female students. He later gunned down and killed a man in the parking lot, stealing his car to leave the scene of the crime.

Five people died at the scene Monday morning. Two others died after being transported to hospitals. Three injured suffered non-life-threatening injuries, police said, and Watson told The Times on Tuesday that one of injured victims had been released from the hospital.

Goh was arrested Monday afternoon a few miles away from Oikos, in front of a Safeway supermarket in Alameda.

With only a few hundred students, Oikos University fills a particular and unusual niche, enrolling a heavily Korean student body and offering classes only in Bible study, nursing and music, according to its website. Larry Reid, who is Oakland’s City Council president and represents the district where the college is located, said he had been unaware of the school’s existence until its low profile was shattered Monday by the shootings, which earned the school a sudden, nightmarish notoriety.
“Today there are a number of individuals who lost their lives to senseless violence,” Reid said. “It’s just another sad day in my city.”

The violence will go down as among California’s worst shooting rampages. Last year, a gunman opened fire at a Seal Beach hair salon, killing nine people. In 1984, James Huberty killed 21 people at a McDonald’s in San Ysidro. In 1976, a former Marine opened fire at the Cal State Fullerton library, killing seven people. LA Times, 2 April 2012.

Investigators suspect that Goh was targeting a female administrator. It is unknown if she was responsible for expelling him from the university.

Our condolences to the families and friends of the victims.

Jury Awards $4 Million to Parents of Victim

by Rachel Smith on April 2, 2012

On April 22nd, 2010, Samantha Schultz, an active Marine, lost control of her vehicle on a flooded section of Camino del Rey in Bonsall, where the road travels alongside a golf course. Her car struck a utility pole, causing catastrophic injuries to Samantha. She died the next day as a result of her injuries.

Not long after the crash, Samantha’s parents, Keith Schultz and Tobie Deala, retained our firm to represent them in a wrongful death lawsuit. After an investigation, Booth & Koskoff filed suit against the County of San Diego, the utility company responsible for placing the telephone poll adjacent to the road, and the owner of the golf course. During discovery, we learned that the county of San Diego had been aware of flooding on that section of Camino del Rey for several years prior to the crash and had been arguing with the owner of the golf course over who was responsible for fixing the road.

During the trial, lawyers representing the county argued that there were several contributing factors, including Samantha’s excessive speed (60 MPH in a 50 MPH zone) and her emotional turmoil resulting from a recent breakup and medical procedure earlier that day. They used five experts to support their defense: a traffic engineer, accident reconstructionist, hydroplaning expert, a hydrologist, and a psychiatrist.

After nine days of trial and two days of deliberation, the jury returned a verdict of $4,000,000 in favor of Samantha’s parents. They determined that responsibility was split between the county of San Diego (80%), the golf course owner (10%), and Samantha (10%). The award was for non-economic damages for ”loss of love, companionship, comfort, care, assistance, protection, affection, society and moral support.”

You can read more about this case on our website.

Man Arrested for Videotaping Victims In Gas Station Bathroom

by Rachel Smith on March 22, 2012

Booking Photo

A 19-year-old man man has been arrested for videotaping fellow patrons of a Cypress College bathroom. He later confessed to committing the same crime up to 15 times in various Cypress College men’s restrooms.

Authorities say the victim of the Tuesday taping entered a stall just after 3 p.m. and saw a hand come underneath the partition and point a cellphone camera at him in while he remained undressed.

Cypress Police Officer Paulo Morales said the victim then shouted at 19-year-old Johnny Nguyen of Stanton, left his own stall and detained Nguyen until authorities arrived.

“Information found on the camera indicates he videotaped at least two other victims on the same day,” Morales said. LA Times, 12 Mar 2012.

Nguyen was charged with one misdemeanor charge of disorderly conduct. He faces up to a year in jail. If you believe you have been a victim, please call the Cypress Police Department at 714-229-6631.

Drunk Driver Receives 12 Years For Death of Grandmother and Grandson

by Rachel Smith on March 16, 2012

A drunk driver who caused the deaths of a grandmother and her grandson received 12-years in prison after pleading guilty to two counts of gross vehicular manslaughter while intoxicated. Justin Foulds, 39, received the maximum sentence possible. The accident occurred on the afternoon of December 9th, 2011. Celia Torres, 73, was stopped in traffic on Route 125 with her grandson, David Gonzalez, 16. Foulds rear ended the Nissan Pathfinder causing a fire. Foulds admitted at the scene to consuming beer and whiskey. He had a blood alcohol content of 0.26, three times the legal limit.

For more information on the accident, please see our archive.

PG&E Settles for $70 Million After Gas Line Explosion

by Rachel Smith on March 14, 2012

Credit: Don Bartletti for Los Angeles Times

Pacific Gas & Electric Company has settled $70 million to the city of San Bruno as they continue to recover from the 2010 pipeline explosion. Eight people were killed and dozens more injured in the explosion on Sep. 9, 2010. More than 35 homes were destroyed. The National Transportation Safety Board (NTSB) stated in a 2011 report at the conclusion of their investigation that the company had made “baffling mistakes” and “lax oversight…led to the explosion.” They also stated that it took 95 minutes to shut off the gas after the explosion.

In a joint statement released Monday, the company said the money will go to support the community’s efforts to recover.

“The community of San Bruno has suffered through a terrible tragedy and we understand that this accident will affect this community forever,” PG&E President Chris Johns said in a statement. “We committed the night of the tragedy and continue to commit that we will help the victims and the community heal and rebuild.”

The settlement calls for PG&E to pay the city within 30 days, and the release said that the city will establish a separate “not-for-profit public purpose entity” to manage and distribute the funds. 7 March 2012, Los Angeles Times.

This is not the first legal battle PG&E has faced. The company settled for over $315 million in the Mojave Dessert towns immortalized in the movie Erin Brockovich.

 

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