San Diego Personal Injury Lawyer

Scaffolding Company To Blame For Deadly Collapse

Chrissie Cole — Wed, 25 Feb 2009 03:39:00 GMT

Paramount Scaffold Inc. is to blame for the fatal collapse of a temporary walkway cover in downtown San Diego that killed one man and injured at least 14 others in August 2008.

The cover collapsed under the weight of overloaded scaffolding materials, reports The San Diego Union-Tribune.

The company has been fined $10,120 for two state safety regulation violations.

The walkway cover, made mostly of wood, was intended to shield pedestrians from any falling debris as they walked by the construction site located at Imperial Avenue at 15 Street.

Among the dozen pedestrians and transients trapped below the collapsed cover was Tyrone Allen, 49. He was made a quadriplegic and died earlier this month from injuries he suffered in the collapse.

Allen's widow and three adult children previously filed a negligence lawsuit against the property owner, the general contractor on the project and Paramount Scaffold. The family plans to amend the lawsuit in the near future to claim wrongful death, according to the Union-Tribune.

Originally posted at InjuryBoard by Chrissie Cole

Sailor Killed In Motorcycle Accident Near San Diego

Chrissie Cole — Thu, 21 Aug 2008 23:24:00 GMT

A sailor, 27, was hit by a car and killed Monday after losing control of his motorcycle on a road just north of San Diego, local authorities report.

Construction Mechanic 2nd Class (SCW) Bertillus Mark, assigned to Beach Master Unit 1, died in the accident east of Escondido, Calif., about 5:50 p.m., according to the San Diego County Medical Examiner’s Office.

Mark lost control of the motorcycle and crossed the double yellow line and collided with a car. Rescue responding to the scene were unable to revive him. The driver of the car was uninjured.

Mark, enlisted in the Navy in 2002 and joined BMU-1 in December 2007. He previously served with Naval Mobile Construction Battalion 74 in Port Hueneme, Calif.; Explosive Ordnance Disposal Unit 3 in Coronado; and dock landing ship Mount Vernon in San Diego.

His military awards include the Iraq Campaign Medal with FMF device and Sea Service Deployment Ribbon.

As of 2008 there are over 1.1 million licensed motorcycle operators in the state of California. Statistics show motorcycle fatalities continue to surge with 564 total killed in California last year, compared to 363 in 2004.

Originally posted at InjuryBoard by Chrissie Cole

Medical Helicopter Accidents on the Rise

Walton Barber, LLP — Mon, 30 Jun 2008 19:48:38 GMT

The National Transportation Safety Board has expressed concern about a rash of accidents involving medical aircraft. Last weekend two medical helicopters collided in Arizona , killing six people, and severely injuring a nurse.

While we have always dealt with the occasional accident involving medical aircraft, we are in the midst of what is being described as a disturbing trend. There have been an increasing number of these types of accidents since the 1990s, and already this year there have been nine accidents involving emergency medical aircraft, causing the death of 16 people.

Why the increase? Experts believe it's caused by a number of factors, including the closing of emergency rooms in rural areas, an aging population, and simply the increase in numbers of medical helicopters, which have nearly doubled in the last ten years.

Walton Barber LLP is a San Diego County law firm representing individuals and families throughout San Diego County in matters involving personal injury, wrongful death, nursing home abuse and neglect, and real estate litigation.

Originally posted at InjuryBoard by Walton Barber, LLP

Commercial Truck Accidents Cause Injury in Separate Accidents

Walton Barber, LLP — Tue, 17 Jun 2008 10:55:58 GMT

One person was killed and three injured yesterday in separate accidents involving commercial trucks. In North County, a 45-year-old La Mesa man died when his car crashed into the back of a contractor’s truck that was parked in the median of I-5 near Camp Pendleton. In the Kearny Mesa area, three people were injured when their car slammed into the back of a slow moving semi-tractor trailer. One of the passengers suffered serious injury.

Commercial trucks are an invaluable part of this nation's economy, but with the benefits comes the drawbacks. The Department of Transportation statistics report that in 2005 there were almost 5000 fatalities arising from commercial truck accidents. Research shows, however, that in more than 80% of those accidents it was not the truck driver's fault.

Originally posted at InjuryBoard by Walton Barber, LLP

Drunk Drivers Take Toll on Passengers

Walton Barber, LLP — Thu, 12 Jun 2008 13:47:18 GMT

In two recent car accidents, the passengers in cars being driven by individuals under the influence of alcohol suffered more harm than the drunk driver.

In the Bay Ho area of San Diego, a drunk driver crashed into a parked car. His passenger suffered a broken neck and a torn ear, but the driver suffered only bumps and bruises.

In another accident last week, well know surfer Milton Willis was reported to be driving while intoxicated, and lost control of his speeding car in Del Mar, crashing into a parked car and a palm tree. Willis’s passenger, Bradley James Dillahunty, was killed on impact.

This seems to be an unfair reality when it comes to passengers in the cars of drunk drivers. The driver seems to survive will less injuries than those of the passengers. The passengers and their families need to know that even though they are in the car with an intoxicated driver, it is still the driver’s responsibility to operate the car safely. The driver is, and will be, liable for any injury to the passenger.

Originally posted at InjuryBoard by Walton Barber, LLP

San Diego Hotel Blast Under Investigation

Walton Barber, LLP — Wed, 21 May 2008 12:21:24 GMT

The explosion at the San Diego Bayfront Hilton that injured 13 workers is still under investigation. Investigators from California Occupational Safety and Health Administration have been sifting through the mangled debris to try to find out what exactly occurred, but no conclusion have been reached.

Fire investigators have said the explosion occurred when flames from a water heater ignited natural gas that was leaking on the building's fifth floor. Employees from the Farwest Insulating Contracting company were fireproofing a mechanical room moments before the blast. The company who installed the plumbing and gas lines at the hotel was Sherwood Mechanical Inc. of Poway.

Three of the injured workers remain in critical condition at UCSD Medical Center, the serious injured has burns over 40 percent of h is body. Doctors say the men will be in intensive care for several weeks.

Walton Barber LLP handled a similar case a few years ago when three workers were seriously injured by an explosion after a hot water heater ignited a leaking propane tank. Walton Barber filed a lawsuit against the propane company who installed the tanks, and received a substantial settlement on behalf of its client.

Originally posted at InjuryBoard by Walton Barber, LLP

Big Rig Truck Crashes Through Backyard Fence Killing Man Cleaning Pool

Walton Barber, LLP — Tue, 15 Apr 2008 14:11:00 GMT

The driver of a big rig truck crashed through the backyard fence of an El Cajon home on Monday, killing the homeowner who was cleaning his pool. His 2-year-old daughter was standing nearby but avoided injury.

According to reports, the commercial truck traveling westbound on Dehesa Road when the driver of a minivan ran a red light on northbound Granite Hills driver and collided with the truck. The collision caused the truck to strike two other vehicles before plowing through the backyard fence.

The victim, Kevin Vicary, was cleaning his backyard pool at the time with his daughter nearby and his wife inside the home. He was reported to have been knocked into the pool by the truck, which also plunged into the water, spilling 80 gallons of diesel fuel into the water.

Questions remain as to exactly what happened, and why the big rig was unable to stop before hitting the back yard fence.

In addition to his wife and daughter, Mr. Vicary leaves behind two other children.

Originally posted at InjuryBoard by Walton Barber, LLP

Been Treated Like Dirt by Allstate Insurance? Now We Know Why.

Walton Barber, LLP — Thu, 10 Apr 2008 16:10:37 GMT

Allstate Insurance has been telling its customers for years they are in "good hands." Little did they know that those hands were inside “boxing gloves."

This stunning article in the Herald Tribune is a must read for anyone who has Allstate Insurance. Last week Allstate Insurance posted online 150,000 pages of documents that reveal a national strategy on Allstate's part to force customers to accept lowball settlements or face years of litigation in court.

The documents describe a two-pronged strategy.

"First, the company evaluates claims with a computer program called “Goliath” designed to reduce payouts by as much as 20 percent of what the company once paid for the same injuries.

Second, Allstate pushes policyholders to accept quick settlements without the help of lawyers. Policyholders who try to fight for more money face Allstate attorneys coached to refuse to negotiate and to drag out litigation.

The approach often forces car accident victims to take what Allstate offers right away or spend years in court while their bills go unpaid -- a strategy Allstate spelled out in guidelines for claims adjusters that “force the claimant and attorney to think about the obstacles they must overcome ..."

Allstate wanted to change the culture of how claims are made. It knew that most lawyers will take a one-third fee, and that cases that are prolonged in litigation, thus more costly, would ruin the economics of hiring a lawyer. Conversely, lawyers who know litigating small cases for a long period of time for a small fee is not worth the effort and over time will quit taking those cases. The result is that people with legitimate claims, who are properly insured, are denied full justice because Allstate has a corporate policy to increase profits.

"The insurance company saw reduced payouts as a way to increase profits. Early on, consultants promised that driving down the "fair market value" of soft-tissue injuries, such as a fractured spine, chronic pain or limited mobility would generate profits "shareholders will notice." Combined with similar changes to Allstate's home insurance and collision programs, they predicted, the yearly gain could reach $1.1 billion."'

Get this, in a PowerPoint presentation, Allstate executives were advised to convince policy holders that they didn't need lawyers, and then target those who hired lawyers by delaying the payment of claims or forcing protracted litigation. According the article, Allstate wanted to "send a message to the market." Those who don't play the new game will get "boxing glove" treatment.

If you own Allstate stock, then all this low-balling, arm-twisting, and delaying of legitimate claimants probably doesn't bother you - Allstate's profits are up. If you're a claimant who is dealing with Allstate, well now you know why you’re being treated like dirt.

Originally posted at InjuryBoard by Walton Barber, LLP

Battle Against Bedsores Requires Teamwork

Walton Barber, LLP — Tue, 19 Feb 2008 23:42:24 GMT

New research shows that preventing and treating pressure ulcers in the nursing home setting requires a team approach, involving nurses, laundry workers, cafeteria and maintenance workers, and even the cosmeticians.

Large bedsores are a sight to behold. The larger ones - Stage III and IV - can result in a wound so deep that you can see the bone. Wounds like this can be very painful and can lead to serious and lethal infections, such as the one that killed Christopher Reeves.

It is estimated that a least two million Americans suffer from bedsores every year, most caused by poor nutrition, dehydration, immobility, and/or incontinence. A new study, however, suggests that using a team approach to the battle against pressure ulcers can greatly reduce the numbers.

In a study of a collaborative program involving 52 nursing homes around the country, The Journal of the American Geriatrics Society reported last August that team efforts had reduced the number of severe pressure ulcers acquired in-house by 69 percent.
"Preventing pressure ulcers is a 24/7/365 kind of job," said Jeff West, a clinical reviewer at Qualis Health in Seattle, who helped to set up the collaborative in 2003. "It's not as if one person can get it all done. And if it fails just a little bit, just during the weekends, for instance, you're not going to get the results. It takes tremendous consistency."

Nursing homes are enlisting every department that can help play a role. The laundry workers look for ill-fitting clothes, the kitchen staff boost nutrition of those at risk, even the hair salon can help by repositioning the resident if sitting for too long.

According to West, the changes need to become hard-wired into the organization. "A lot of places do well when they have a lot of support," he said. "But it's hard to keep that momentum going. That's the real challenge."

Originally posted at InjuryBoard by Walton Barber, LLP

Over 2000 Dog Bites in San Diego County Last Year

Walton Barber, LLP — Thu, 31 Jan 2008 18:41:52 GMT

Walton Barber recently represented an elderly woman who was attacked by two bulldogs while walking in her condominium complex. It was a terrible scene. She was knocked down by the dogs, who were able to bite deep into her arms, breaking one of them, before neighbors were able to come to her rescue.

In that case, the local San Diego County Department of Animal Control got involved, and after an investigation adjudicated the dogs as "dangerous." This was a total shock to the owners, who, like the ownes in all our dog bite cases, testified that their dogs were not vicious, and had never exhibited any behavior before the attack that we indicate the dogs would commit such a vicious offense.

The "dangerous" label imposed by the County place a number of restrictions on the owners if they wanted to keep the animals, including a requirement that the dogs are muzzled at all times when taken off the property. In this recent case, the owners felt the risk was too high and chose to have the dogs euthanized. It was a sad story all around.

According to the statistics there are a lot of irresponsible dog owners in San Diego County. According to the Animal Control there were 2,277 dog bites last year, but the actual numbers could be double that as most bites occur on people who know the dog's owner personally and don't file a report. Despite the large number of bites, only 17 were euthanized because of dangerous behavior.

The Animal Control offers the following dog safety tips:
Do not approach or play with an unfamiliar dog.
Do not run from a dog or scream. Remain motionless.
If knocked over by a dog, roll into a ball, lie still and cover head and face.
Do not disturb a dog that is sleeping, eating or caring for puppies.
Disregard stereotypes about dangerous breeds; the county's dangerous dogs list include Chihuahuas and golden retrievers.

Originally posted at InjuryBoard by Walton Barber, LLP