San Diego Injury Lawyer Blog

The Vancouver Canuck's Luc Bourdon, a rising defensive star for the NHL team, was killed earlier today in a motorcycle accident in New Brunswick, Canada.

Bourdon was driving his motorcycle on the road between Lameque and Shippigan, his hometown, when his motorcycle collided with a transport truck.

The NHL, currently in the midst of the Stanley Cup Finals, is deeply saddened. Bourdon was the Canucks' first round draft pick in the 2005 amateur draft and the 10th pick overall. He had helped Canada win World Junior Championships in 2006 and 2007 and was fast becoming a star for the Canucks as a two-way defenseman--one who is skilled both offensively and defensively.

This accident is truly tragic. However, a similar accident involving any other person would be equally tragic. If you or a loved one have been seriously hurt in a motorcycle accident, contact the Jurewitz Law Group. We are experienced in fighting for your rights and obtaining the maximum recovery possible.

Earlier today, both sides of Ortega Highway, a scenic--but notoriously dangerous--road between San Juan Capistrano and Lake Elsinore, were closed due to a major accident involving six cars and a motorcycle.

An ambulance and tow truck were called to the scene to attend to the victims and their vehicles.

Ortega Highway is the scene of many significant, and deadly, crashes as people drive too fast along the curvy road, stare off into the scenery, or cross over into oncoming traffic.

On Tuesday, the windows of the Jurewitz Law Group rattled. It wasn't an earthquake, but it seemed like it was from an explosion. Only later on that afternoon did we discovery that an explosion had occurred at the nearby Downtown San Diego Hilton, injuring 14.

Original thoughts turned to whether the incident was a terrorist attack. Then to whether a boiler in the hotel had exploded. Now it appears that the accident was caused by a natural gas leak inside the hotel.

Of the 14 injured, three were critically injured and were placed into medically induced comas. These workers sustained burns from 20-35 percent of their bodies, including some areas of third degree burns. They were taken to the UCSD Medical Center burn unit for treatment.

Construction accidents can lead to catastrophic injuries, leading either to permanent injuries or death. In those cases, an injured worker or his family needs an experienced group of lawyers to navigate through the Workers' Compensation and Civil systems in order to maximize the recovery that will provide for that worker and his family for the remainder of his life.

If you or a loved one has been involved in a construction accident, please contact the Jurewitz Law Group for a free consultation.

In 2004, in the face of ever increasing insurance premiums, the California passed extensive Workers' Compensation reform. One of the targets of the reforms was to reduce permanent disability payments to workers who had been permanently injured at work.

The result of the reforms was that disability payments to injured workers were slashed by at least 50%, insurance premiums for employers dropped dramatically, and the insurance carriers reported their highest profits in 30 years. The losers were clearly injured employees.

Now, after vetoing proposed permanent disability payment increases the last 2 years, Governor Schwarzenegger now appears willing to increase benefits to injured workers by at least 16%.

Increased benefits are definitely needed. According to the political action group, Voters Injured at Work, Californians are being shortchanged:

According to one group, Voters Injured at Work, people who lose a foot get $28,820, compared with the national average of $80,976. A lost eye fetches $17,714 versus $74,558. And deafness in one ear is worth $5,280, 83% below the national average.

Honestly, an increase of 16% is a good start, but it is not enough. The 2004 Reforms--and some reform was needed to reign in premium costs--went too far and left injured workers without a way to be compensated for life changing injuries. Remember, the Workers' Compensation system exists because more than a century ago, the states took away the right of injured workers to sue their employers and coworkers in civil court for workplace injuries.

If the Workers' Compensation system doesn't provide adequate compensation, injured workers are left without any recourse and assistance.

A recent news story by NBC 7/39 highlights the areas in San Diego where victims are most likely to be bit, the breeds most likely to bite, the months in which dog bites are most likely to occur, and the typical age of victims.

Not surprisingly, the months when dog bites are most likely to occur are warm-weather months, the most prevalent being July, when people are outside with their dogs enjoying the weather.

Also, not surprisingly, the highest number of reported dog bites come from pit bulls. Not surprisingly because the breed is very popular amongst owners who are either irresponsible or do not have the experience to control a very physical breed like a pit bull. However, the #2 breed--Labrador Retrievers--is a surprise. This breed is particularly popular amongst owners with young children and is known for its' great temperament. We suspect the placing is due to the sheer number of the breed in San Diego County. As the news story states, any dog can bite at any time depending on the circumstances.

Our office actually gets more calls for the #4 breed, the chihuahua, than any other breed other than the pit bull. In our experience, the chihuahua is a particularly aggressive breed and will lash out at its' owners and others. There are probably more bites by chihuahuas than the number reported. The saving grace is that, due to the animal's size, the damage does not tend to be as serious or life threatening as when a larger breed bites.

Last, the areas where most dog bites occur and the age of the victims raises a great deal of concern. Most dog bites occur in areas where pit bulls and more menacing dogs are popular. Coupled with the fact that most victims are under 10 years old, and this is a recipe for disaster.

Dog owners must take all steps to protect other members of the public from their animals' aggressive actions. If you or a loved one has been bitten, knocked down, or otherwise injured by a dog, please contact the Jurewitz Law Group for an immediate consultation.

A bus carrying passengers from Southern California to Laughlin, Nevada for a gambling trip overturned Saturday morning, killing one passenger and injuring 22 others. The bus, operated by Royal American Tours and Charters of Glendale, was seen veering across lanes and into the median shortly before the crash.

At the time of publication, CHP officers were still investigating the cause of the accident.

Under California law, bus drivers are held to a heightened standard of care, known as common-carrier duties. As a common carrier for pay, operators must use the "utmost" care with respect to their passengers, must travel at reasonable rates of speeds, follow prescribed routes, and must treat passengers with respect in their personal dealings.

If you, a friend, or family member have been injured while being a bus, train, or trolley passenger, contact the Jurewitz Law Group and discuss the matter with one of our attorneys.

Early on May 17, one person was killed and two others injured in San Diego when the driver lost control of the Oldsmobile he was driving while traveling westbound on I-8. Moments later another vehicle, a Nissan Maxima, crashed into the wreckage.

CHP officers blamed excessive speed as the cause of the accident.

The driver of the Oldsmobile was pronounced dead at the scene. The driver and passenger of the Nissan were transported to the hospital for treatment.

Speed is the primary factor associated with car accidents. Inattentiveness, perhaps due to exhaustion, is another primary factor. Given the time of day the accident occurred, it is not unreasonable to assume that exhaustion also played a factor.

Unfortunate video of an accident that happens more often than you would expect: a vehicle on the highway strikes another vehicle pulled over along the emergency lane.

The officer pulled over on I-80 in Sacramento to assist another driver push his vehicle off the highway after the driver had run out of gas. After the vehicle was pushed over the shoulder, the driver of another vehicle--maybe trying to get around slowed down traffic or just not paying attention--struck the CHP motorcycle.

The officer had to jump over the railing of the bridge to avoid getting hit and had to hang on for dear life to avoid falling 15-20 feet to the street below.

The crash closed I-80 for hours.

This accident should serve as a reminder to anyone who finds themselves in need of assistance on the highway, or who pulls over to the shoulder, that you still need to look out for careless drivers. The Jurewitz Law Group has represented several clients injured in car accidents like this and it is always to amazing to see the degree of carelessness that causes these accidents.

If you or a loved one has been injured in a car accident, contact our lawyers for immediate advice and assistance.

Earlier today, a class action lawsuit was filed in United States District Court in Los Angeles, alleging that State Farm Insurance had unjustly enriched itself by receiving and retaining payments that belonged to its' insureds. According to the complaint, State Farm obtained these payments by violating California law by the "Make Whole Doctrine."

Typically, insurance policies contain provisions which require an insured to reimburse their insurance company for benefits paid by the insurance company if the insured receives money from another source, such as when the insured receives money from a wrongdoer after an accident.

However, the "Make Whole Doctrine" prevents the insurance company from receiving reimbursement from its' insured unless the insured has already been made whole by the other source. In other words, if the other source fails to pay 100% of the insured's damages, the insurance company cannot claim a right to reimbursement.

The claims for reimbursement are very common. The named class representative in this lawsuit had $63.49 wrongfully withheld by State Farm. State Farm processes more than 12 million claims per year. Even if State Farm wrongfully exercised a right of reimbursement in 10% of those case, that would be 1.2 million cases. Multiply that by $63.49 per case and the unjust enrichment obtained by State Farm would be close to $75 million.

And that's the amount that State Farm would have wrongfully profited by in one year alone.

Earlier today, Britney Spears crashed the front of her Mercedes SL into the rear of a red Ford Explorer while driving on the Strip in Los Angeles. Luckily there were no significant injuries.

This is the third notable accident Britney has been involved in. On April 14, it was reported that Ms. Spears rear-ended another vehicle when she failed to realize that the vehicle in front of her came to a stop.

She was also involved in a hit and run accident when she struck a parked car while trying to park her vehicle:

We say this (slightly) jokingly: "Will she spend the money to hire a driver before she kills someone?"

It is very clear that Ms. Spears is an extremely poor driver and is a danger to herself and others. Her license should be revoked. If Ms. Spears was not a celebrity and just a regular driver, she would have already lost her license after being involved in multiple accidents, including a hit and run accident.

We can only hope she stops driving before she does kill someone.

A tractor-trailer truck loaded with Coca-Cola bottles flipped on top of a Honda Civic, injuring the driver of the Civic.

The driver, Eduardo Ibarro, was entrapped in his vehicle with his leg caught under the Civic's dashboard.

Trucking companies and truckers are highly regulated. There are restrictions for the hours that can be driven in a given day and over a 48 hour period. They are regulated in their maintenance and upkeep. They are regulated as to the weight that can be carried.

There is a question why and how this particular truck lost control. If you are involved in a trucking accident, be sure to contact a knowledgeable trucking accident attorney, like the Jurewitz Law Group, who can ask the detailed questions and find out whether the trucking company and truck driver complied with all regulations.

Earlier this year, the United States Supreme Court held in Riegel v. Medtronic that lawsuits based upon state tort law were preempted (barred) by federal law IF the FDA had granted the alleged defective product "pre-market approval" as a medical device.

The protections given to medical device manufacturers in Riegel may be extended to pharmaceutical drug manufacturers when the Supreme Court hears Wyeth v. Levine later this year.

However, Congress is looking at legislatively reversing the Supreme Court's ruling. Beginning tomorrow, hearings will be held in the House Committee on Oversight and Government Reform to discuss the effect of the Riegel decision and the effect an extension in Wyeth may have.

Write your Congressman and Senators and tell them that legislative reform is needed to provide protections to victims of defectively designed medical devices. If a medical product is defective, a manufacturer should not escape liability simply because the FDA signed off on it--perhaps before the actual defect is discovered after long-term human use.

It's no secret that doctors are key proponents of protections from medical malpractice lawsuits. That's understandable. Nobody wants to be sued and nobody wants to pay damages.

Then again, nobody wants to be hurt by their doctor's breach of the standard of care.

However, this story from West Virginia is very interesting. A West Virginia doctor underwent surgery last month only to afterward develop a severe infection, abdominal pain, loss of consciousness, and septic shock. Clearly believing that he had been the victim of his doctors' malpractice, he sued his doctors and hospital.

Now, as Ronald Miller of Miller and Zois' and the Maryland Injury Lawyer Blog points out, this doctor was undoubtedly in favor of medical malpractice protections and damage caps prior to his surgical injury. Is he now?

This illustrates an interesting point about tort reform: most are in favor of tort reform because they don't believe they will be seriously injured by the negligence of another AND they are more concerned about being sued so they wish for the "protections" tort reform provides--even though they cost that same person the protections the legal system provides.

The Orange County DA filed felony charges against Jeffrey Woods, 20, of Huntington Beach last week in connection with the death of Danny "Oatie" Oates, 14. Mr. Woods is being charged with vehicular manslaughter and driving under the influence when he ran his truck into his victim as he was crossing the street on his bicycle.

Woods' conduct, if not mitigated by any other facts, is truly reprehensible and clearly gross negligence. Woods was driving his truck under the influence of alcohol and drugs while trying to score more drugs during a three-day period. Documents filed with the criminal court show that Woods may have even be texting while driving under the influence at the time of the accident. What was so important that he had to text his contact? Woods needed more drugs.

We commend the Orange County DA for pressing charges against Woods and hope that he is prosecuted and sentenced to the fullest extent of the law. Unfortunately, tragic car accidents happen every day due to drunk or inattentive drivers resulting in serious injury or wrongful death. At times like these, victims' families need the help of experienced, aggressive representation to obtain the maximum recovery for their injuries or loss.

If you or a loved one is the victim of a drunk or inattentive driver, call the Jurewitz Law Group as soon as possible to learn about your rights and remedies. We can help find medical treatment and long-term care assistance while we prosecute your case aggressively.

Last week, a man diagnosed with hepatitis A filed a lawsuit against a La Mesa Chipotle restaurant.

The man, Terry Wesley, claims that he became sick on April 24 after eating at the Chipotle restaurant and remains sick to this day.

The lawsuit was filed just as San Diego County health officials reported another hepatitis A case that officials believe may also be linked to the La Mesa restaurant. If that is the case, officials have documented 21 people sickened by food contamination at the restaurant between March 1 and April 22.

Food contamination is a serious problem, particularly common among fast food restaurants and any other restaurant where health preparations are sacrificed in the name of speed and profit. Hepatitis A is a particularly serious disease that attacks the liver and is spread by contamination of food or water through fecal matter.

If you have suffered from food poisoning and incurred a serious infection, such as hepatitis A, please call the Jurewitz Law Group for a free initial consultation. Not only are you entitled to compensation, but your claim draws attention to the poor sanitary conditions at the violating restaurant.

As reported by the Wall Street Journal's Law Blog, former Supreme Court nominee, strict constructionist judge, and tort-reform advocate Robert Bork settled his lawsuit against the Yale Club after he fell while attempting to step onto the dais to speak.

The settlement terms were undisclosed, so little is known about the lawsuit other than those pleadings filed with the Court. However, a review of the complaint filed by Judge Bork's attorneys at Gibson, Dunn & Crutcher--who are typically defense counsel and presumably represented Bork because of his high profile--reveals two absolute truths about the case: (1) Regardless of whether the Yale Club was liable for Judge Bork's injuries, Judge Bork was seriously injured and required significant medical care to address his injuries; and (2) Judge Bork's lawsuit embodies many of the tactics and strategies that Judge Bork decried in his tort reform efforts.

Continue reading "Tort Reform Hypocrite Settles Slip and Fall Lawsuit" »