San Diego Personal Injury Lawyer - Miscellaneous

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

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

Pacific Law Center Accused of Unethical Activity

Randy Walton — Mon, 26 Nov 2007 01:29:39 GMT

If you listen to Padres games, or watch them on television, you're very familiar with the commercials of the Pacific Law Center. Heck, if you live in San Diego and have eyes or ears you know of this law firm, whose ads can be found all over San Diego County in phone books, newspapers, the radio, and television. Allegations are now surfacing that the law firm was not keeping the promises it makes in its ads.

The San Diego Union Tribune is reporting complaints by lawyers who worked at the Pacific Law Center as well as complaints by former clients of the firm.

Lawyers formerly employed by the firm have alleged in lawsuits and in sworn statements that Pacific Law Center uses unethical practices, such as allowing unlicensed clerks to sign up clients and give out legal advice. Two attorneys sued, claiming that they were fired after objecting to that.
Lawsuits filed by former Pacific Law Center attorneys depict a business where lawyers have caseloads so large that it is difficult for them to provide the kind of representation the firm advertises. Instead, they say, the emphasis is on settling cases as quickly as possible.
The Better Business Bureau, a business ethics and consumer protection agency, downgraded its rating of the firm from satisfactory to neutral after fielding 38 complaints over the past three years.
A judge ruled in June that the firm appeared to be "gouging" local taxpayers by seeking public funds to hire experts in two cases for which the firm already had collected thousands of dollars in fees from the clients.

Managing lawyers at the Pacific Law Center are defending their practice, and insist that they are providing adequate representation.

Robert Arentz, the managing partner, said that clerks act as fact gatherers and that no final agreement is ever signed without a lawyer first being brought in to talk to the clients. Arentz said all clients are told that the people they first speak to are not lawyers.
"We have a lot of attorneys and a lot of clients," Arentz said. "It's easy to find individuals who have individual complaints about their individual situation.

Saying that it has a "lot of attorneys and a lot of clients" doesn't show a lot of confidence in the firm. There are law firms all over the state, and many in San Diego, with far more lawyers than the Pacific Law Center that a free of the allegations made against this firm. It would be one thing if it were just complaints by former clients, but number of complaints by lawyers formerly employed by the firm is staggering.

Court documents, as well as interviews with nearly a dozen lawyers who left the firm but did not sue, describe tactics by "legal assistants" who are not lawyers, who raise clients' expectations about what can be accomplished to get them to hire the firm. "There were a significant number of clients who didn't get what they thought they bought," said Charles Luckman, who worked as a criminal defense lawyer there from March 2004 to August 2006. "The best analogy I can give you is it was a law firm run like a used-car dealership."
Luckman was one of three lawyers who sued after being fired last year. He reached a quick settlement with the firm, as did the other two lawyers.

Originally posted at InjuryBoard by Randy Walton

Families Who Lost Homes in California Wildfires Suing Electric Company

Jenny Albano — Mon, 19 Nov 2007 02:37:50 GMT

Wildfires that ravages Southern California, killed two people, and destroyed more than 1,000 homes was caused by sparking power lines. Now, two families who lost their homes from the fires are suing San Diego Gas & Electric Co., claiming that the utility company failed to clear brush around its power poles and didn't insulate power lines to prevent them from sparking. The plaintiffs are seeking class-action certification.

The company stated that it followed all regulations in maintaining the low-voltage power lines that caused the fires.

According to Stephanie Donovan, spokesperson for SDG&E, "We believe at the time of the fires our power lines were in compliance with all regulations. When we have the kind of extreme conditions we faced here in San Diego at the end of October, it creates a huge hazard for everybody, including the electrical system."

The fire, which blew into the heart of north San Diego from chaparral-covered canyons to the east, merged with a smaller fire also caused by power line sparks.

Originally posted at InjuryBoard by Jenny Albano

Aqua Dot Toys Recalled After Inducing Comas

Randy Walton — Thu, 08 Nov 2007 04:18:40 GMT

A Chinese-made toy called Aqua Dots contains a chemical that converts to a "date rape" drug when ingested. Two children in the United States went into comas after swallowing the toy.

The Aqua Dot toy is a highly-popular toy distributed by Spin Master Toys out of Toronto. The toy can be purchased over the internet and in regular stores, and are arranged into designs then fused together when water is applied.

Scientists say a chemical coating on the beads, when ingested, metabolizes into the so-called date rape drug gamma hydroxy butyrate. When eaten, the compound -- made from common and easily available ingredients -- can induce unconsciousness, seizures, drowsiness, coma and death.
The news jolted the toy industry because Aqua Dots has been one of the few bright stars of the toy selling season, which, along with overall retailing, has gotten off to a sluggish start. The item, which had been heavily advertised, had appeared on many toy experts' list of must-have holiday toys, and toy sellers are now in the midst of canceling advertising and scrambling to figure out how to replace it.

In this mass produced world, where the corporate manta is "produce it cheap, sell it cheap," we've seen the quality of merchandise suffer. But when it involves toys and kids, there is no place to cut corners. I hope these kids recover and I hope these companies are held to account.

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 Law Firm Creates "Helping Handbook" for Fire Victims

Randy Walton — Sat, 03 Nov 2007 17:10:49 GMT

The San Diego office of the Morrison & Foerster law firm has published the "Helping Handbook" for individuals and businesses affected by the 2007 wildfires. The handbook was created to provide victims an overview of legal issues that individuals and small businesses might face in the aftermath of the fires.

You may feel overwhelmed when considering the legal issues you face, and may determine that it would be helpful to have the assistance of an attorney. If you do not have an attorney, legal advice and referrals are available to those in need who have been affected by the wildfires; some of this legal assistance is available at no charge to fire victims. To help you get started, a county-by-county listing of State Bar-certified lawyer referral agencies and several legal aid providers can be found under the heading "Lawyer Referral Services & Legal Aid."

The handbook is available on the law firm website.

Originally posted at InjuryBoard by Randy Walton

San Diego Courts Try to Catch Up

Randy Walton — Mon, 29 Oct 2007 18:18:19 GMT

Because of the fires, which shut down San Diego County courts for a week, our local system of justice will be extra busy for the next few weeks.

Everyday more than 14,000 people visit the ten Superior Court buildings in the county. According to the court's executive director Michael Roddy, it will take about a month for the court's workload to return to normal. The fires brought to a standstill all court business, including all criminal cases and civil lawsuits.

Jurors already serving on a trial should come to court at 9 a.m. Monday morning, unless you've received other instructions from a specific courtroom.
If you received a citation for a criminal or traffic violation and were scheduled to appear in court this week, come to court anytime on or before Nov. 9.
If you were scheduled to make a payment his week, contact the appropriate courthouse to make changes to your payment schedule.
Those involved in an ongoing civil lawsuit are instructed to call the courtroom where the case has been assigned.

For more information, visit the website of the San Diego Superior Court.

Originally posted at InjuryBoard by Randy Walton

Civil Litigation on Tribal Land Very Difficult

Randy Walton — Fri, 12 Oct 2007 18:20:00 GMT

Today's Wall Street Journal online has on the difficulties plaintiffs have suing for personal injury damages that occurred on tribal land. San Diego is surrounded by tribal lands, and with the rapid development of those lands, primarily in the form of casinos and hotels, litigation by non-tribal members for matters that occur on Indian tribal land is on the rise.

In civil matters, it is the tribes that are in control. Many tribes claim some form of sovereign immunity, meaning they can't be sued in state, federal or tribal court. Even when tribes waive these rights, as those with significant commercial interests typically do, litigants are funneled into the tribal justice system.
Of the nation's 560 federally recognized tribes, only 275 have court systems. If the case can even be heard, tribes often sharply limit potential damages. And tribes often have close links to businesses that might be sued -- especially casinos. Such connections would be considered a conflict of interest in a regular U.S. court.

Just because an injury occurred on tribal lands does not mean a plaintiff should give up making a claim. There may be ways around the tribal immunities, or there may be a path to justice though the tribal system itself.

Originally posted at InjuryBoard by Randy Walton

Several Hot Air Balloon Accidents Raise Questions

Randy Walton — Thu, 11 Oct 2007 20:28:22 GMT

Several recent hot-air balloon accidents, including one that killed an Oceanside woman, are raising questions about the safety of this romanticized recreational activity. Here in San Diego, it's not uncommon to see a half a dozen balloons drifting in the North County sunsets during summer and fall.

The owners of Sky Surfer, a local hot air balloon company, told NBC 7/39 that hot-air balloon accidents are very rare. The key to safety is to know that your pilot is very experienced and knowledgeable, and can act quickly in case of an emergency.

"If you're a private pilot who has had 20 hours of flying experience, that's a lot to handle," said Connie Von Zweck, owner of Sky Surfer. "And that's how, in my opinion, things happen in a situation like Albuquerque. You don't hear that around here."
"There's three aspects of safety: equipment, pilot and ground crew," Connie said. Her husband Tiemo added, "I've been flying since the '70s. I have over 3,700 flights. I've never had an accident. It's judgment. It's judgment when to go, when not to go."

In the United States, there are approximately 7,500 hot air balloons in operation, and balloon pilots must have a pilot certificate from the Federal Aviation Administration.

Originally posted at InjuryBoard by Randy Walton

Finalists Announced for Consumer Attorney of the Year

Randy Walton — Wed, 10 Oct 2007 17:22:43 GMT

The Consumer Attorneys of California (CAOC) have announced the finalists for the award of Consumer Attorney of the Year, an award that recognizes a distinguished injury lawyer who has overcome odds to provide justice to victims. This award will recognize one plaintiff's lawyer who has achieved a significant result in a case that was resolved within the 2006/2007 year.

San Diego attorney Denise Asher is the only San Diego lawyer who made the cut. Denise was nominated for a medical malpractice case involving the failure to diagnose invasive squamous cell carcinoma, resulting in fatal spread of cancer and involving a doctor with a checkered Medical Board history. According to the CAOC press release, had the cancer been caught at an early stage, experts said there was a 95 percent chance the 54-year-old man would have recovered. After a four-week trial, a conservative San Diego County Superior Court jury found in favor of the plaintiff, but the amount was significantly reduced because of the 32-year-old Medical Injury Compensation Reform Act (MICRA). Jurors were so upset that their deliberations were ignored that some are now meeting with legislators as part of CAOC's efforts to educate them about the horrendous impact of MICRA.

Denise is a well-known fighter for justice here in San Diego, and we at Walton Barber are pulling for her to win the big prize. She deserves it.

Originally posted at InjuryBoard by Randy Walton