San Diego Injury Lawyer Blog

We've written twice now about Oklahoma's current tort reform efforts led by Republican Senate President Pro Tem Tom Glenn Coffee (R--Oklahoma City), a former medical malpractice defense lawyer. You can read more here and here.

One of the big myths leading the Oklahoma tort reform movement and tort reform in general is that without tort reform, doctors will flee to other jurisdictions with tort reform. The argument goes that with tort reform, medical malpractice insurance rates go down and attract doctors--while high insurance rates drive doctors away.

The problem is that the data does not support the myth. That is the case again in Oklahoma. According to this Edmond, OK news story, the number of Oklahoma doctors is increasing even while the tort reform movement is claiming they are fleeing. In addition, the doctor owned medical malpractice insurance carrier, Physicians Liability Insurance Company, is in the best financial shape in it's three decade long existence. The company is posting record profits and will be the clear winner if the Oklahoma tort reform bill passes limiting injured medical patient's right to be compensated for injuries caused by their professionally negligent doctors.

Like any political issue, it is always important to look and investigate the real data underlying the tort reform movement. Is there a real reason to substantially limit injury victim's right to justice? If so, what is the purported benefit? And, last, is that benefit worth the cost? In almost all cases, the answer to these tort reform questions is "No".

If you or any of your loved ones has been injured or killed due to medical malpractice, contact San Diego medical malpractice lawyer Ross Jurewitz and the San Diego personal injury attorneys at the Jurewitz Law Group at 619-233-5020. You may also contact these San Diego injury lawyers online here.

Recently, an Ontario, Canadian court held that parties to a civil lawsuit must disclose social media posts and information during discovery--even if the user believed the post was made privately to his "network".

We look at the ruling and whether California judges will require the same disclosure from San Diego injury victims. You can read our article, posted here.

Clayton Hasbrook, an Oklahoma City personal injury lawyer with the law firm Hasbrook & Hasbrook, recently cited our blog and our post about the Oklahoma Tort Reform bill.

Given that he represents the very people this bill will affect, Clayton has some strong opinions about the bill. You can read his opinions in his post: "Oklahoma tort reform makes its way out to CA".

The best way to avoid a San Diego motorcycle accident is simple: Motorcyclists need to make sure that they are visible to car and truck drivers.

There are several easy ways to do that. They are:

First of all, remember that San Diego drivers tend to have a difficult time spotting motorcyclists and reacting in time. Therefore, making sure that your headlight works and is on day and nights is imperative to staying visible.

In order to be even more visible, increase the reflection of light and use reflective decal strips on your clothing and motorcycle.

Make sure to be aware of blind spots that cars and trucks have and try not to stay in those blind spots for a long period of time.

When braking, flash your brake lights a few times to catch a driver's attention and make it a point to let them know that you are slowing down.

Last but not least, if a San Diego driver does not see you, don't be afraid to use your horn.

All of these safety precautions are easy to reach and will keep you much safer on our San Diego roads. For more useful information for motorcyclists, visit the Motorcycle Safety Foundation's library.

If you or anyone you know has ever been injured on a San Diego motorcycle accident, please contact your San Diego motorcycle lawyer Ross Jurewitz and the other San Diego personal injury attorneys at the Jurewitz Law Group at 619-233-5020. You can also contact these San Diego injury lawyers online here.

When cars driven by drunk drivers strike pedestrians in San Diego County, the result is never good. Unfortunately that was the case again this past Sunday, March 22, when Ester Quinette Monroe, 28, of Spring Valley, was struck by a suspected drunk driver as she walked on Broadway between C and D Streets in Chula Vista. You can read more about this Chula Vista car accident here in this SignOnSanDiego.com story.

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The 2 a.m. Chula Vista pedestrian accident caused Monroe to be rushed to the hospital where she passed away. The 26-year-old female car driver was arrested of driving under the influence.

Continue reading "Pedestrian Struck by Car, Killed in Chula Vista Accident" »

Earlier today, 7-time Tour De France Champion Lance Armstrong fell during the first stage of Spain's Vuelta Castilla y Leon. As a result of the fall, he was rushed to the hospital and treated for a broken collarbone. You can read Lance's statement about the crash here.

I wish Lance a speedy recovery and hope this injury will not effect his chances of winning another Tour this summer. Lance has been not only a champion bicycle racer but also a friend of our San Diego personal injury lawyer, Ross Jurewitz. Lance was kind enough to send a personal gift and message to Mr. Jurewitz's mother-in-law after she was diagnosed with ovarian cancer.

We wish you the best, Lance.

A San Diego bicycle accident took place at the intersection of Genesee Avenue and Linda Vista Road on Friday, March 20, shortly after 3:30 p.m. in the Linda Vista area of San Diego. A car hit the bike rider, leaving him severely injured and forcing the closure of the intersection.

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The San Diego Police Department reported that the bicyclist was taken by San Diego paramedics to a hospital for treatment. An investigation was started after the San Diego bicycle accident.

Continue reading "San Diego Bicycle Accident Causes Serious Injury" »

About a month ago, we wrote about the emerging and ongoing efforts by Oklahoma Republican legislators and former medical malpractice defense attorney and Oklahoma Senate President Pro Tem Glenn Coffee (R-Oklahoma City) to initiate a new batch of tort reform measures. In our post, we argued that the Oklahoma tort reform plan does not go far enough because it does not require doctors to take substantive positions regarding their own negligence. You can read our entire post here.

However, the Oklahoma tort reform measure keeps growing additional reform measures--all of which hurt Oklahomans and are being sold to the public as a way to prevent "greedy plaintiffs' lawyers" from profiting from "frivolous lawsuits". Never mind the fact that the job of barring frivolous plaintiffs from recovering is the role of the insurance defense lawyer and judge, not the Oklahoma legislature. You can read more about the Oklahoma tort reform effort in this Seattle Times news story.

The most recent Oklahoma tort reform attacks include special class action rules for lawsuits brought against tobacco companies, a cap on non-economic damages (also known as "pain and suffering") at $300,000, expert certification before a lawsuit can proceed, and requiring consumers to "opt in" rather than "opt out" of class action litigation.

One of the more egregious tort reform measures interferes with an injury accident victim's ability to find a lawyer by placing compensation restrictions on that attorney. Contingency fees, meaning fees which are only collected upon a successful completion of litigation, are capped at 33 percent of the first $1 million dollars recovered under the proposed measure. For higher awards, the contingency fee award is limited at 20 percent.

Continue reading "Oklahoma Tort Reform: An Unfounded and Misguided Attack on Injury Accident Victims" »

Like many San Diegans, our office has enjoyed embracing the emerging social networks such as Facebook, Twitter, and even MySpace (although we do not use MySpace any more for a variety of reasons). In fact, part of our office's outreach to our clients, San Diego, and injured people throughout the United States has been the creation and growth of our social networking presence (you can befriend us on Facebook, follow us on Twitter, or join our LinkedIn network).

However, the casual ease of posting updates on social network sites can also be harmful. For the last several years, particularly in employment law cases, defense attorneys and investigators have culled plaintiff's social network sites looking for any inconsistent statements, damaging or embarrassing information, inappropriate photos (you know, those drunken party photos you had to share with everyone), and statements about the lawsuit to sabotage the plaintiff's case at trial.

This trend has now become widespread and defense attorneys, investigators, and insurance adjustors regularly farm injured people's social network pages for material to harm them at trial.

First, to the extent that a person making an injury claim is lying or exaggerating to obtain a monetary settlement or to boost the value of their claim, they deserve to be caught and their case destroyed. We have no tolerance for untruthful plaintiffs in our office. If we find that a client has lied to our office, we immediately inform them that we cannot represent them anymore and they should find another attorney. So, for example, if a client tells everyone he can no longer play basketball following a car accident and then posts basketball photographs taken after the accident on their Facebook page, that client deserves to get caught.

However, the above example is not typical. Most people and injured people are honest. Most people do not try to game the system by lying or exaggerating. Nevertheless, the insurance companies will try to take statements and photographs from social network sites to make jurors doubt the injured person's honesty and trustworthiness. While this "square peg, round hole" approach may seem ridiculous and irrelevant, jurors naturally suspicious of personal injury plaintiffs may find these items sufficient to bar recovery.

Continue reading "What You Say on Facebook, Twitter, and MySpace Can Ruin Your San Diego Personal Injury Case" »

A 7 year-old-boy was hit by a Volvo station wagon driven by a 59 year-old-woman at about 5:20 p.m. on March 18 in the Carmel Valley area of San Diego. The boy was skateboarding in the parking lot of an apartment complex when he was hit by the car. The boy slid under the car and broke several of his bones including a broken pelvis, fibula, and tibia. The woman was not hurt. You can read more in this 10news.com story.

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When driving through a neighborhood or a residential area, San Diego car drivers must make sure to drive slowly and pay attention to any children that might be playing in the area. Many times, children will be more enthralled in whatever game they are playing than in whether cars are driving by or not. Therefore, it is up to us as San Diego car drivers to be cautious and aware of children playing.

Continue reading "San Diego Boy Hit by Car and Seriously Injured in Carmel Valley" »

The Daily Point of Orange County reported last Thursday, March 12 that the California State Senate is reviewing a new bill that would allow California and San Diego authorities to treat boating under the influence in our San Diego waters just like they would treat driving under the influence on our San Diego roads. If passed, the bill would allow San Diego and California authorities to suspend boaters' licenses if caught boating under the influence. You can learn more in this Daily Pilot story.

The California BUI bill was introduced by California State Senator John Benoit that represents Senate District 37, just north of San Diego County. Senator Benoit's bill will give the DMV the power to treat a BUI just as they would treat a DUI. Previously, the DMV had the power to do just that but last year, a court of appeals verdict deemed that they did not have the power to do so.

San Diego harbor officials and officials in other California counties would like to see the bill passed. They believe that even though boating is a recreational activity, there are still many responsibilities that a boater has. According to the California Department of Boating and Waterways there were 55 boating accident fatalities in 2007, half of which happened in Southern California. Also, about 20 of the 55 victims were intoxicated.

If you or a fellow boater are ever injured or killed in a San Diego boating accident, please call the San Diego boat accident attorneys at the Jurewitz Law Group at 619-233-5020 or contact them online here.

On March 17, just before 7:30 a.m., an 82-year-old San Diego pedestrian was struck crossing Kramer Street in the Linda Vista area of San Diego. 21-year-old eastbound driver said that at the time of the car accident the sun was in her eyes and did not see the pedestrian crossing. The San Diego Police Department reported that the pedestrian, who was in the crosswalk when he was hit, was taken to the hospital for treatment of "very critical", possibly life threatening, injuries. You can learn more in this San Diego Fox 6 story.

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When driving during the day, especially during sunrise and sunset, San Diego drivers should make sure to wear sunglasses. They will not only protect the eyes from UV rays but they will make the glare less powerful and give them more visibility, making them safer drivers.

If you or someone you know has ever been injured or killed while walking across the street, please contact the San Diego pedestrian accident attorneys at the Jurewitz Law Group at 619-233-5020 or contact them online.

Yesterday morning, a San Diego pedestrian walking just east of I-5 near Balboa Park was hit by a San Diego Unified School District bus, suffering minor injuries. You can learn more in this 10news.com story.

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The bus crash happened at around 8:30 a.m. at the intersection of Hawthorn and Albatross streets. The California Highway Patrol reported that none of the 42 bus passengers were hurt. However, no other facts have been reported.

The bus driver's actions will hopefully be investigated soon and if the pedestrian needs any further medical care, he should be provided with monies to take care of his medical and lost expenses for the bus driver's carelessness.

If you or someone you know has been injured or killed while crossing the street please contact the San Diego pedestrian accident attorneys at the Jurewitz Law Group at 619-233-5020 or contact them online here.

Arthur Newman has been charged with misdemeanor vehicular manslaughter for causing a San Diego bicycle accident back in January when his car ran into Water Joller, an experienced Rancho Bernardo bicyclist. According to a Gina Coburn, a spokeswoman for the San Diego City Attorney's Office, the 55-year-old Newman faces a year in San Diego County jail if he is found guilty. You can read more in this North County Times story.

San Diego police Detective John Leterrie said that on January 6, Newman was driving a black BMW on Sabre Springs Parkway when he veered into the bicycle lane and hit Joller, 55. The bicyclist was thrown from his bicycle and San Diego medics were not able to save him.

Newman did wait at the scene and after a crash reconstruction was only accused of simple negligence instead of gross negligence. Simple negligence means that he was not found to have been distracted nor under the influence. Newman may have just briefly taken his eyes off the road. Felony vehicle manslaughter is charged when the driver is acting in an obviously risky way.

Newman is expected to appear in San Diego Superior Court for arraignment of April 24. He has also been charged with driving in a bicycle lane.

The fact that Newman waited at the scene and took responsibility is something to be admired given that he had gravely injured Joller. Also, it should be taken into account and credit should be given to Newman for not acting irresponsibly while driving. However, a 55-year-old bicyclist was killed because of Newman's brief carelessness, and so, Newman should face some sort of punishment.

If you or someone you know from the San Diego bicycling community has been injured or killed in a bicycle accident please contact the San Diego bicycle attorneys at the Jurewitz Law Group at 619-233-5020 or contact them online here.

On March 12, a man driving a black Volkswagen Jetta caused a serious San Diego car accident after he ran a red light on Seventh Avenue and collided with a San Diego MTS bus that was eastbound on Broadway. The driver of the Jetta initially denied running the red light but after several witnesses reported otherwise, the investigating San Diego Police officers concluded that he indeed ran the light. You can read more in this San Diego Reader article.

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Seven San Diego MTS bus passengers and the driver of the Jetta were taken to the hospital after officials from the San Diego Police Department, the San Diego Fire Department, and other San Diego medical services came to the scene.

Continue reading "Car Crashes into MTS Bus in Downtown San Diego" »

On Thursday, March 12, at about 5 p.m., a 19-year-old teenage drunk driver was heading southbound on North Indiana Avenue in the North San Diego County city of Vista. The teen failed to stop before the turn, which caused the car to hit the curb and blow a tire out. The car then accelerated and crashed into the Vista Clock Tower. According to this story, right after the car crash, the driver took off leaving his 16-year-old injured passenger behind.

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San Diego Sheriff's Deputy Laura Hurtado said that the passenger, riding in the front seat, suffered a cut lip and burns from the deployed air bag.

The drunk driver was arrested a short distance away and was taken to the hospital where he was treated for injuries on his forehead. The teen driver has been booked on charges of driving under the influence, felony hit-and-run, and child endangerment.

Continue reading "Vista Drunk Driving Suspect Arrested After Car Accident and Abandoning Injured Passenger" »

On Friday, March 6, at approximately 6:30 a.m., a motorcyclist was riding west on Barnett Avenue in the Midway neighborhood of San Diego when a car changed lanes striking the motorcycle with its driver's side door. The motorcycle rider ended up pinned under the car and was later taken to UC San Diego Medical Center after emergency personnel responded to the car accident.

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San Diego authorities did not release much information about the motorcyclist. More information about the motorcycle accident can be found here.

As car drivers, we need to remember to use our mirrors every single time we change lanes. Many people forget that motorcyclists and bicycle riders share the road as well. Also, car drivers should remember that motorcyclists and bicyclists are more difficult to see, which is why we need to make sure to use not only our mirrors, but look over our shoulders as well when changing lanes.

Continue reading "Motorcycle Rider Seriously Injured in San Diego Motorcycle Accident" »

Most of the time, when San Diego workers are injured on the job, worker's compensation should cover the costs of the injury. It usually does not matter whether the worker is at fault for the injury or if the injury is caused by an unsafe condition on the site. Even if a San Diego worker at work is clumsy or stops paying attention while operating on a machine, worker's compensation will most likely cover the costs of the injury. Carelessness and even recklessness are not enough to prevent compensation for a San Diego injured employee.

Worker's compensation may be denied to San Diego workers when they self-inflict injuries, while committing a crime, or if they hurt themselves while violating a company policy such as drinking on the job. However, if none of these situations are true and a San Diegan is hurt on the job, they are entitled to rights and financial pay-offs for the costs.

In addition, if a San Diego laborer is injured while on the job due to the negligence or carelessness of an employee or agent of another company (one other than his employer), then he may have a civil workplace accident claim against the other company for its' employee's negligence.

Continue reading "Workers' Compensation Coverage is Still Effective for San Diego Workplace Accidents Even When Worker is at Fault" »

Yesterday we posted a story about an unidentified pedestrian killed in Ramona car crash. Our post can be found here.That pedestrian turned out to be Jens Roger Noet, a 34-year-old man, or, according to 10 news, a "transient." Noet was headed down Main Street between Fifth and Sixth Streets in Ramona on Wednesday when he was fatally struck by a semi-truck.

This information was brought to our attention through 10 news and our hats off to them for providing the story (found here), which helps remind San Diego residents about being cautious when walking next to a street and also when driving. However, it is very unnerving to see that they have the audacity to tag him, not once. but twice as a "transient." Jens Roger Noet was just killed by a truck driver and instead of writing a tactful article about the events they instead belittle him.

As stated yesterday, if the Jurewitz Law Group was asked to represent the pedestrian's family, our lawyers would work diligently to discover the facts about the accident and give Noet, a member of our community, the respect he deserves.

Continue reading "Jens Roger Noet Identified as Man Killed in Ramona Pedestrian Accident" »

A San Diego jury awarded the widow of a motorcycle rider and his two children $4.9 million after he was struck on a motorcycle by a truck driver. After the verdict was read, the judge--as is typical--polled the jurors for their votes. However, the judge forgot to get the answers from one juror to two of the 13 questions asked during the polling process.

The juror did agree with the other jurors that the truck driver was negligent and caused the trucking accident. However the judge forgot to ask him if he agreed with the other jurors on the apportionment of damages. The jury verdict found to the truck driver to be 80% responsible for causing the accident but also found the motorcycle rider to be 20% responsible.

On appeal by the insurance defense counsel for the truck driver, the judge's mistake led to a reversal of the verdict by the Fourth District Court of Appeals. The Court of appeals held, in part, that:

...the trial court erred in accepting the juror declarations to inquire into and resolve the results of the jury's decision making process, and also when it made a credibility determination that Santana could not effectively have voted other than 80/20 at any relevant time.

The Keeners, the family of the motorcyclist, have appealed to the California Supreme Court to reinstate the jury verdict.

The entire Court of Appeal opinion can be read here.

Continue reading "San Diego Wrongful Death Verdict to be Reviewed by California Supreme Court" »

An unidentified pedestrian, in the Ramona section of San Diego, was killed after being hit by in a semi-truck accident Wednesday morning while crossing the street.

The accident happened just after 2:30 a.m. when the driver of the truck was heading west on Main Street at the intersection with 7th Street. According to the driver, the pedestrian appeared to come out of nowhere and appeared in front of the truck. The truck driver stopped after the impact and found the man’s body pinned under the truck.

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Both lanes of Main Street were closed until 5 a.m. while the California Highway Patrol investigated the accident. At the time of publishing this entry, the cause of the accident was still under investigation.

If our office was approached by the pedestrian's family, we would first have to determine what happened that early morning. We would hire a professional accident investigator and private investigator to track down witnesses and to document the facts of the accident, including sight lines for the truck driver, the traffic controls available at the intersection, and obtaining witness statements. If the pedestrian was in the crosswalk, had the right of way, or even if the driver was not paying attention while he was driving, the pedestrian's family might have a strong case for their wrongful death claim.

Continue reading "Ramona Pedestrian Killed After Being Hit by Truck" »

It's that time of year again. Spring is coming and the weather is starting to get warmer. That means more time at the ocean, on the water, or in Mission Bay enjoying San Diego's boating experience. We are truly blessed in San Diego to enjoy some of the best outdoor boating recreational areas in which to spend a day on a motorboat, driving a jet-ski, or sailing a sailboat.

Unfortunately, many disregard their safety and the safety of others while trying to enjoy a day boating on the water. As a result, San Diego experiences a large number of fatal boating accidents. Most of these accidents cold have been avoided.

To help prevent careless accidents, try following these tips:

1. Take a boating safety course

2. Ensure that everyone on the boat is seated securely while the boat is moving

3. Check the weather and ocean reports before going boating

4. If you operating the boat, please do not consume alcohol. Drinking while boating is just as dangerous as drinking while driving.

Dr. Wayne Funk, a longtime psychiatrist in El Cajon, is fighting to keep his medical license after being accused of medical malpractice by the Medical Board of California. The 87-year-old doctor is thought to have been collecting powerful surplus pain killers and sedatives, such as Oxycodone, Diazepam, Lorazepam and Temazepam, from his patients and then redistributing them to other patients as a means of making them cheaper.

Funk, licensed in California since 1954, was subject to an investigation started a year ago by the Medical Board of California and the U.S. Drug Enforcement Agency. According to the accusation filed in the Administrative Law Court, “the investigators observed a counter with numerous sample medications and a basket containing prescription bottles, including controlled substances, which were returned by patients.”

The University of Kansas school of medicine graduate is also being accused of prescribing the anti-anxiety drug, Xanax, to a patient over a two month period without any proper reviews or examinations. The patient had to later seek medical attention from another doctor for detoxification.

During the investigation, Funk surrendered his DEA certificate to dispense controlled substances but denies any wrongdoing. No hearing date has been set.

Continue reading "El Cajon Psychiatrist, Dr. Wayne Funk, Accused of Collecting And Dispensing Surplus Medication Pills to Patients" »

Early Saturday morning, an unlicensed driver struck and killed a pedestrian, Mohamed Abdirahman Husien, while he was crossing the street in San Diego. The car accident occurred along University Avenue, near Winona Avenue, in the City Heights neighborhood of San Diego. Husien was on his way to morning prayer services at a nearby mosque. The news source for this post can be found here.

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San Diego Police officers said that Husien was crossing the street against a red light when a Honda sedan hit him. The driver said that he did not see Husein crossing in the darkness. Also, right after the crash, the driver went home, picked up his wife, and returned to the scene to explain what had happened. This is illegal in California--you cannot leave the scene of a California car accident where someone is killed and you must call the police.

Husien was taken to Scripps Mercy Hospital in Hillcrest where he passed away.

The intersection of University Avenue and Winona Avenue was closed to motorists until about 9:30 a.m. while the San Diego Police Department investigated the car crash. San Diego Police officers said that they do not know whether the driver will face charges or not, even though he was illegally driving without a driver's license.

Unfortunately, it is not uncommon for the police and district attorney not to charge an unlicensed driver involved in a serious accident where some facts suggest that the unlicensed driver may not be at-fault for causing the car wreck. According to the news story, it seems Husein may have been at-fault for crossing against a red stop light. Then again, that fact may not be true since the only witness identified in the story is the unlicensed driver. Obviously, it is a very self-serving statement.

Continue reading "Pedestrian Mohamed Abdirahman Husien Struck By Car And Killed On Way to Services in San Diego" »