Stockton Injury Lawyer Blog

In what is being reported as the largest medical malpractice verdict in Wyoming state history, a jury has just awarded a man and his wife $9 million as the result of emergency room negligence. The medical malpractice case arose out of the actions taken by ER physicians and staff after a 51-year-old oil field worker suffered injuries in a truck accident. The man was driving down an icy road when his truck slid off the pavement, rolled over several times and landed upside down. He was immobilized by emergency medical workers who placed him on a backboard and fit him with a neck brace to prevent further damage.

If you have suffered injuries in any type of accident, after you've obtained the medical assistance necessary, it is important to speak with an experienced Stockton personal injury lawyer to protect your rights and determine your next steps. In many circumstances, it may be possible to obtain compensation for your harm.

In this situation, the treatment the accident victim received - or failed to receive - led to further injuries. Once the truck driver arrived at the hospital, the ER physician ordered X-rays and CT scans of the patient's head, spine and facial bones but not of his neck - despite his complaining of neck pain and was released without a cervical collar. Four days later he returned to the hospital with extreme shoulder and neck pain, along with weakness in his arm. Tests revealed he had a broken neck requiring emergency surgery. As the result of the failed diagnosis, the man is in extreme pain, unable to work and primarily confined to home due to his disability. Based on evidence introduced at trial, the jury determined the hospital had been negligent in failing to take neck x-rays.

Continue reading "Record Setting Medical Malpractice Verdict" »

California news reports that a negligence lawsuit has been filed by a group of consumers against the Skechers company based on its "Shape Up Shoes." The negligence lawsuit alleges that both fraud and negligence stemming from claims by the shoemakers that wearing the shoes serves as a workout. In addition to claims of fraud, the lawsuit also alleges that the several individuals were seriously injured as the result of wearing the shoes.

If you have suffered any personal injuries, it is important to consult with an experienced Stockton personal injury attorney to discuss your case and determined your next steps. In many situations it may be possible to recover compensation for your injuries.

Here Skechers ads claim, "With Shape-ups, you can finally get in shape without going to the gym." The advertisments also assert that Skechers' patented design changes the way a person walks, utilizing different muscles and firming them up. According to the lawsuit rather than helping people get in shape, shoe owners suffered serious injuries such as torn tendons and ligaments, torn cartilage and hip fractures. Wearing the shoes also caused people to fall and injure themselves.

Additionally it is unknown whether any safety tests were performed before this dangerous product was placed on the market. As noted by representatives of the injured parties "the public, when they purchase the product, has the right to assume the product is safe."

Continue reading "Customers Sue Skechers Based On Negligence, Fraud" »

A tragic drunk driving accident has claimed the life of a 64-year-old Stockton man. The man was crossing the street when he was struck and killed by a 29-year-old mother suspected of driving under the influence. He was walking just east of an intersection and cross-walk on New Year's Eve when the pedestrian accident occurred. According to reports, the woman had her four children in the car at the time of the car crash. She has been cited with vehicular manslaughter while intoxicated, driving under the influence and child abuse and endangerment.

Despite increased public awareness about the dangers of drunk driving, drunk driving accidents continue to plague California's roadways. In fact, in California and throughout the United States, driver intoxication is the leading cause of auto accidents. On New Year's Eve alone, 11 San Joaquin County drivers were charged with driving under the influence.

If you or a loved on has suffered serious personal injuries or a family member has been killed in a drunk driving auto accident, it is important to contact an experienced Stockton drunk driving accident attorney to answer your personal injury questions and discuss your next steps.

While in many situations drunk drivers may face criminal charges arising out of their reckless conduct, where personal injuries and wrongful death occur, it is possible to obtain compensation from the driver for the harm incurred as the result of the accident.

Continue reading "Drunk Driving Suspected In Fatal Stockton Car Accident" »

According to a recent survey of driving dangers reported in the San Jose Mercury News, people listed distracted driving as the second most problematic driving behavior, followed by drunk driving. 18 percent of all those surveyed believe distracted driving - talking on your cell phone and texting - is the biggest danger on California roadways. The only category considered dangerous by more people is speeding and aggressive driving, at 22 percent.

Although this statistic may come as a surprise to some, it does not to California Highway Patrol officers who see far too many car accidents as the result of distracted driving. As stated by one CHP officer "Oftentimes we see drivers weaving in and out of lances or driving on the shoulders. We stop to investigate what we may think is a possible DUI driver only to find out it was someone talking on the phone, hands-free or not."

When car accidents occur for whatever reason - as the result of road rage, texting and driving or drunk driving, the potential for serious injuries and even death is great. If you or a loved one has been in a car accident speaking with an experienced Stockton injury lawyer is an important first step to protect your rights and answer your car accident questions.

Even though distracted driving has been outlawed by the California legislature an Alameda County Sheriff comments, "I see drivers on their cellphones every day. It's as if the laws don't even exist...With all of the innovative tools out there for hands-free use, I am at a loss to why people don't use them." In fact, the CHP has written close to 475,000 tickets to drivers who have violated the hands-free law since going into effect in 2008.

Continue reading "More People Frightened Of Distracted Driving Than Drunk Driving" »

A recent survey conducted by an insurance company tries to answer the question, "Which states have the worst drivers?" The worst driver survey collected data from three different sources - the National Highway Transportation Safety Administration (NHTSA), which reviews driving fatalities, including car accidents, Mothers Against Drunk Driving (MADD), which compiles statistics concerning drunk driving and drunk driving accidents, and the American Motorists Association, which tabulates number of tickets received.

On the whole, California performed fairly well. Overall, it ranked as #36 in terms of having the worst drivers. Although room for improvement exists, California drivers had fewer citations and accidents than average. Further, California ranked quite well for not having "careless" drivers. In fact, California ranked in the top ten for the most careful drivers. Careless driving includes distracted driving such as texting while driving.

Distracted driving remains one of the top reasons for predicting bad driving and is to blame for causing traffic accidents and fatalities. NHTSA warns, "distracted driving is a serious life-threatening practice and we will not rest until we stop it ... The message is simple - Put It Down! If you have been injured in a car accident or a loved one has been killed in a car accident due to distracted driving, speak to a knowledgeable Stockton personal injury lawyer at once to determine your rights and help you obtain the compensation you deserve.

Continue reading "California Ranks High For Having Good Drivers, Including Lower Driving Fatalities " »

A Petaluma woman has sued a California nursing home for negligence surrounding the treatment of her mother while in the care of the facility. According to the nursing home negligence complaint filed on behalf of Elizabeth Walter, the 80-year-old woman suffered from malnutrition, infections and dehydration as the result of neglect, negligence and fraud at a Petaluma nursing home as well as by the home health care agency providing her care.

The complaint alleges that the woman suffered a broken hip while Accentcare Home Health of California was providing her in-home care. Walter was subsequently moved to Petaluma Health and Rehabilitation for daily care. While there, she was allegedly denied "appropriate care and treatment that included food, hydration, wound care, monitoring and assessment." When admitted to the hospital a month later, Walter's condition had worsened.

If you believe a loved one has been subjected to nursing home negligence, a Stockton injury lawyer can help. An experienced negligence attorney can work with a family to help ensure a loved one receives the care he or she deserves and fight to obtain compensation for any harm incurred.

Continue reading "Nursing Home Negligence Alleged In Walter v. Petaluma Health and Rehabilitation " »

Stockton news reports that a nine-year-old girl was killed in a pedestrian accident as she was crossing street. The Stockton girl suffered head trauma and burn injuries after being struck by a van. She was taken to the University of California, Davis, Medical Center in Sacramento for treatment.

If you have suffered serious personal injuries as the result of any California accident, including car accidents or pedestrian accidents, it is important to speak to an experienced Stockton injury attorney to answer your personal injury questions and determine your next steps.

Reports indicate that the girl was crossing the street and in the crosswalk with other people when she was struck by a Chevrolet Astro van headed west. A CHP Officer noted "The driver was driving toward the sun, and this shows that sometimes your blind spot doesn't have to be on the sides or behind you; it can be in front of you."

Although it is unknown whether the young girl in the crosswalk was walking or riding her motorized scooter at the time of the accident, the bike caught fire when hit by the van. The fire subsequently burned her arms, legs and chest. The girl was in stable condition when she was flown to the Sacramento trauma center.

Police are investigating whether the woman who was driving the van was speeding or ran a red light. Alcohol doesn't appear to be a factor.

Continue reading "Car Accident Injures Nine-Year-Old Stockton Girl In Crosswalk" »

A recently filed wrongful case examines the responsibility of a bar in the death of a 21-year-old Paso Robles man, Bryan Brady. In Brady v. Pappy McGregor's Pub & Grill, the parents of a man struck and killed by a train have sued the bar for negligence. In California, a wrongful death case may be filed where the careless, reckless or intentional acts of another person or corporation cause the death of another. In these situations, the families and children of the person killed may be entitled to recover damages for their loss. Although the type of compensation available varies, it may include medical costs, loss of love and companionship, funeral and burial expenses and in some instances, punitive damages. A knowledgeable California wrongful death lawyer can provide you crucial advice and help you determine your next steps.

Wrongful death lawsuits can occur in almost any area of personal injury, including car accidents, medical malpractice and workplace accidents. Here, Brady was killed after celebrating his 21st birthday at the Crooked Kilt - a downtown Paso Robles business. Byran was served drinks by the bar employees after he was drunk, violating company policy. A patron of the bar then knocked Bryan unconscious in front of the bar. Bryan allegedly remained unconscious for three to five minutes "in obvious need of medical attention." He was then reportedly carried away from the bar by unknown patrons in an unconscious state and "unable to care for himself and see to his own safety." He was later found dead on a section of train tracks behind the Crooked Kilt after being struck by a freight train.

The parents allege that the bar employees were negligent for several reasons, including serving Bryan alcohol in violation of company policy and failing to call 911 after Bryan needed medical attention. The parents also assert that a "special relationship" exists between business owners and patrons that "imposes a duty of reasonable care" to help those in need of medical attention.

Continue reading "Wrongful Death Case Filed Against Paso Robles Bar in Brady v. Pappy McGregor's " »

In a case that has garnered national attention, the Sacramento Superior Court has determined that a $14.5 million wrongful death lawsuit may proceed. At issue is a violent attack that occurred in an Oak Park group home. In 2008, a conservator made the decision to place a paranoid schizophrenic with a 20-year history of violence in the home. Months later, the man hit an employee over the head with a wooden chair, fatally injuring her. He also violently attacked the woman's husband, leaving him with serious brain injuries.

Most recently, Sacramento County has claimed that the county is entitled to immunity from the civil lawsuit, but Superior Court Judge Rudolph Loncke rejected this argument, stating that either a jury or an appellate court must make the decision whether the county and the conservator had a duty to warn the group home operators.

Under California negligence law, a "duty of care" exists where an individual is required to follow a certain standard of reasonable care when acting in a way that might foreseeably harm others. Where a duty of care exists, a person or entity may be found negligent if they breach that duty of care and harm occurs. In some instances, a duty is already established by case law or statutory law.

The question of negligence is complicated and may be the foundation of many different types of personal injury and wrongful death lawsuits. From car accidents, to premises liability, to product liability - determining whether another person or entity is negligent is key to allowing you to recover for your injuries. An experienced Stockton personal injury attorney can evaluate your claim and determine your next steps.

Continue reading "Sacramento Wrongful Death Lawsuit Raises Question Of Duty In Sibarani v. Sacramento" »

According to the San Francisco Examiner, the family of a 23-year-old woman killed in a fatal Muni bus accident in August plans to file a personal injury lawsuit this week. Emily Dunn died in the pedestrian accident after a Muni shuttle bus hit her while crossing the street. Reports indicate that the bus driver was driving on the wrong side of the street.

If you or a loved one has been injured in an accident, it is important to speak to an experienced California accident law firm promptly to protect your rights and determine your next steps. A knowledgeable Stockton personal injury lawyer can provide critical advice concerning your personal injury questions and what to do after an accident.

Unfortunately pedestrian accidents are far too common. The National Highway Traffic Safety Association (NHTSA) estimates that nearly 80,000 pedestrians are struck each year by motor vehicles resulting in serious injuries. Nearly 5,000 of these accidents result in wrongful death. Many times, these accidents occur where the pedestrian has the right-of-way, is crossing at a cross-walk and obeying all traffic signals. An accident may occur because of driver negligence, such as where a driver is distracted, is speeding or has drinking. Other times, an accident occurs due to a condition of the road itself - such as where the design of the sidewalk is unsafe, debris blocks safe passage, defective roadway design or poor property maintenance.

Continue reading "Personal Injury Lawsuit To Be Filed Against Muni In Death Of San Francisco Woman" »

A recent case out of the Ninth Circuit, which includes California, examined the duty of a cruise ship to warn passengers of dangerous conditions. In Samuels v. Holland American Line - USA Inc, et al. an injured passenger sued the cruise ship line Holland American. The passenger asserted that the cruise line had a duty to warn him of the dangers conditions that he might encounter swimming on the Pacific Ocean side of Lover's Beach located in Mexico's Baja peninsula.

In many situations, if you suffer injuries as the result of the carelessness or recklessness or others, you may be able to recover compensation such as medical expenses, lost wages, pain and suffering and in some cases punitive damages. If you have suffered any personal injury it is important to speak to a Stockton personal injury attorney immediately to discuss your options and determine your next steps.

Here a passenger of Holland American Line, Gerald E. Samuels, was seriously injured while on a seven-day cruise. While the cruise ship was anchored in Cabo San Lucas, Samuels and his family visited nearby Lover's Beach and began to play in the waves. Samuels had asked several Holland staff members regarding the safety of swimming at Lover's Beach and had been assured that it was safe to visit.

After initially swimming in the Sea of Cortez, Samuels then proceeded to swim on the Pacific Ocean side of the beach. According to his observations, the waves weren't particularly rough. However, as soon as Samuels entered the ocean he remembered feeling a "tremendous pull up and back and then being upside down." Samuels struck his head on the ocean floor and sustained severe neurological damage. He was carried ashore by bystanders and is now classified as a "high-functioning quadriplegic."

Samuels subsequently sued the cruise line alleging a failure to warn of the dangerous conditions, specifically that the cruise ship's staff should have warned him of the dangers of swimming on the Pacific Ocean side of the back and that had he been warned he would not have entered the ocean.

Continue reading "Ninth Circuit Reviews Failure To Warn In Samuels v. Holland " »

The Sacramento Bee reports that a crane collapsed at a small Sacramento area amusement park. Two workers were injured in the accident. Safety officials have been called to investigate the workplace accident.

If you have been injured in any type of accident - such as an amusement park accident or workplace accident - it is important to speak to a knowledgeable Stockton personal injury lawyer to discuss the incident and protect your right to obtain compensation.

Here, two workers were working on the towering Scandia Screamer ride when the crane they were on, as well as part of the ride, fell over. The accident left two park employees dangling by safety harnesses, badly injuring one. The crane operator - who was not a park employee - also suffered personal injuries.

Where workplace accidents occur, many issues of liability arise. In some instances, those injured may file worker's compensation claims against their employer, regardless of fault. In these situations, workers are paid a percentage of their salary to cover disability payments. Employers are shielded from civil lawsuits, but the payments workers receive are often too low to fully cover medical bills and other expenses. In other situations, it may be possible to file a civil lawsuit against a third party - such as a contractor who was on the work site or a manufacturer of faulty equipment - in order to obtain adequate payment. In a third party lawsuit you may be able to recover pain and suffering, medical expenses, future damages and enjoyment of life.

Continue reading "Amusement Park Accident Under Investigation" »

According to Los Angeles News, two fatal car accidents occurred this past weekend on the dangerous Angeles Crest Highway. As of today's date, there have been 5 total fatalities on this road since it was recently reopened. If you have been injured or lost a loved one in a California car collision, contact an experienced Stockton personal injury lawyer immediately to discuss your options and protect your future.

In one instance, a woman driving a blue Honda left the road near the Coldwater Campground. It is unknown whether there were any other occupants in the vehicle. She died as the result of personal injuries sustained in the accident.

This latest fatality raises questions of safety and roadway design. The stretch of road in question - a steep winding route through the San Gabriel Mountains - has just been reopened. The road was closed for repair from January 2010 to June as the result of damage caused by heavy rain that washed debris from the surrounding hillsides. In addition to these recent incidences, three other fatal accidents have occurred on this stretch of roadway.

Often - many factors contribute to car accidents and serious injuries. Driver error, including reckless or careless conduct, including drunk or distracted driving, are often contributing factors to car accidents. However, in some cases it is the design of a roadway itself that is the cause of an accident. A roadway may be considered negligently constructed where its design fails to provide motorists enough time to react or it is unreasonably dangerous. Examples of negligent design include:

• Lack of or improper notice of changing traffic patterns
• Insufficient signage or notice of road conditions - such as dangerous turns or construction zones
• Defective barriers
• Inadequate maintenance

Continue reading "High Number Of Fatal Car Accidents On Popular California Highway Raises Safety Concerns" »

With summertime parties and carnival season in high gear, a recent article in USA Today raises an important question. How safe are carnival rides and backyard rental items such as inflatable bounce houses? The answer it turns out, depends on what state you live in. However, even in the states with the most oversight - such as California - accidents occur and injuries happen.

In these instances, it is critical to contact an experienced Stockton personal injury lawyer to determine your next steps. As the article explains, when accidents occur, they may be a result of a variety of factors, such as a safety failure by the manufacturer, errors in installation and failure to properly supervise their use.

Reports indicate that at least 50 children have been injured so far this year in amusement park rides. Last year, 2 children died in carnival accidents. Demonstrating just how dangerous inflatable rides can be, this past June a video captured a strong wind up-ending three inflatable rides, sending them into a crowd and injuring 13 people.

Potential injuries from amusement park rides and backyard inflatables include head and neck injuries, traumatic brain injuries, back injuries, broken bones and cuts and bruises. In the worst cases, dangerous rides have even resulted in wrongful deaths.

Under California law, where an accident occurs on a person's home or property, or at a place of business such as an amusement park, the injured party may bring a premises liability lawsuit. A premises liability lawsuit occurs where an owner or operator of the premises fails to keep their property in a reasonably safe condition or fails to adequately warn of dangerous conditions which the owner or operator knows about, or should have known about. In some situations it may also be possible to bring a product liability lawsuit where an accident occurs as the result of a design defect or manufacturing defect. An experienced Stockton personal injury lawyer familar with premises liability lawsuits and product liability cases would be able to evaluate the circumstances and determine the type of claims available to you.

Continue reading "Carnival Ride Accidents - How Safe Are California Carnival Rides And Backyard Bounce Houses?" »

According to the Los Angeles Times, a Stockton nursing home was fined $100,000 after a resident died. An investigation into Creekside Care Center found that inadequate care led to the death of a woman.

The investigation conducted by the California Department of Public Health found that staff at the nursing home failed to adequately treat an elderly wheel chair bound patient who mysteriously suffered a left thighbone break. The woman subsequently suffered cardio-distress and died in the emergency room.

If you have a loved one in a nursing home, and believe that they are not being treated properly, a Stockton personal injury lawyer may be able to help.

When we place our elders in nursing homes, it is often because they cannot care for themselves. We expect that they will be cared for by the nursing home staff. When staff fails to adequately care for patients - such as treating illness and injuries - or neglects or abuses patients, it is considered a form of medical negligence.

Continue reading "Stockton Nursing Home Fined $100,000 After Patient Death" »