San Diego Woman Raped After MySpace Meeting

December 4, 2018 Injury Lawyer San Diego 0

Two San Diego men, Brian Shippee, and Robert Melgoza, plead not guilty in San Diego Superior Court Friday for the alleged assault and battery and rape of a San Diego woman after a “MySpace Meetup” went horribly wrong. Another man, Vincent Barnett, Jr. was also involved and is currently being held in Arizona pending extradition to San Diego.

In May 2008, the victim agreed to meet Barnett at Palomar College and accompany him to a party. Reportedly, the two were friends through the social networking site, MySpace, and agreed to a meeting or “meetup”.

Prosecutors say that Barnett, and his companion Shippee, picked the woman up in their car. However, instead of taking her to the party, the two men took the woman to meet with a third man, Melgoza, at a camper. Allegedly, the three men then sexually assaulted the woman.

We are absolutely disgusted by this behavior and hopes that all three men are prosecuted to the fullest extent of the law. It is also a strong reminder that people should take every precaution if they are going to engage in “meetups” with people they do not know or have never met before.

This Holiday Season, Think Toy Safety

December 4, 2018 Injury Lawyer San Diego 0

There are few things more fun during the holiday season than watching a child’s eyes light up when he or she receives a prized new toy. For those who buy toys, though, it’s important to keep safety in mind.

It is recommended that shoppers keep in mind the Consumer Product Safety Commission (CPSC) safety guidelines for children’s toys in order to prevent defective toy injuries to the best of your abilities.

Products and toys designed for use by children are meant to be fun and safe playthings that delight children of various ages without presenting hazards that products for adults often would. Although such products are held to high standards by government agencies, they are often subject to defects that slip past safety tests. When such dangers are present in a children’s product, they can easily cause serious and even deadly injuries.

Accidents caused by defective children’s products are devastating for both the child and his or her family. Injuries caused by toy defects can require extensive hospital stays, multiple surgeries, physical therapy, and other financially taxing procedures to ensure a steady recovery, and some children’s lives may never be the same. While it’s important to get money from negligent manufacturers to cover such expenses, a family often finds closure as well and may even help prevent others from suffering a similar fate. The families of those injured by such products have the right to seek financial compensation for their child’s injuries and related financial costs. The San Diego child injury lawyers understand the distress of any child injury accident and are committed to protecting the rights of consumers throughout their case and helping the child receive what he or she needs to get better.

Child Product Regulations and Law

In order to combat the serious dangers of defective products, the United States Federal Government passed the Consumer Product Safety Improvement Act in 2008. Under the act, the Consumer Product Safety Commission (CPSC) was given further funding and new, stricter regulations were placed on manufacturers concerning lead content and metal jewelry. Specifically relating to children’s products, stricter regulations were imposed on cribs and pacifiers; small parts; and baby bouncers, walkers, and jumpers. As such, manufacturers who violate such rules face legal penalties and are more susceptible to lawsuits concerning their unsafe products.

Types of Child Product Defects

Product defects typically fall into one of three categories. These types of defects are:

  • Design Defects – This type of defect is due to how a product is conceived and what elements are decided by the company to be part of the product. Because the design is faulty, all products within the line are affected by the defect.
  • Manufacturing Defects – These defects occur in the actual creation of the product. Due to a variety of reasons, some or all of the products are created with a flaw because of how it was manufactured.
  • Warning Defects – This happens when the warning on a product fails to properly inform consumers of the dangers of the product, or a warning is completely absent on a potentially dangerous product.

Common Child Product Hazards

While there are many types of defects that could be potentially hazardous to children using a product, there are some defects that are commonly hazardous and often lead to serious and fatal injuries. These child product hazards include:

  • Choking Hazards – Children can easily choke on any object that is small enough to put in their mouths. Small toys, such as balls and balloons or toys with smaller pieces that are either loose or could come off, present a serious danger for small children.
  • Suffocation Hazards – If products such as clothing or cribs contain materials that can become trapped over a child’s face and block their breathing, there is a great chance of a suffocation incident occurring.
  • Falling Hazards – Products such as high chairs or cribs that do not properly restrain children or tip over easily can result in children falling and being injured.
  • Fire Hazards – If a product does not meet flame resistance standards, it puts children at risk of burn injuries. Often, costumes and other clothing that is not flame retardant can easily catch fire and severely harm the child wearing it.
What Can a Product Liability Claim Do?

A product liability claim enables consumers that have been harmed by a dangerous or defective product to hold the negligent party responsible, such as the manufacturer, designer, or distributor, for the harm caused while also obtaining compensation for any of their losses. Manufacturers of any product are obligated to produce an item that is safe and free of harmful defects, but when a manufacturer is negligent, the safety of innocent consumers, including the youngest ones, may be put in danger.

An essential part of knowing if you have a valid product liability claim is understanding how the actual defect occurred. A product may be defective in its design, which is when a mistake or flaw in the design makes the product dangerous when used as intended. A defect may also come as a result of the manufacturing process, and other defects may involve such issues as inadequate or missing warning labels or instructions which may cause injury or harm the user.

Assistance to Help Your Child Recover

As a consumer, you have the legal right to pursue compensation from anyone responsible for the dangerous product when it has caused you undue harm or injury. Product liability law empowers consumers to hold negligent manufacturers or any other liable party responsible for the harm caused, so it is imperative to build a strong case in order to get successful results. If your child has been harmed by a defective or unsafe toy, documentation such as receipts and or written statements by anyone who witnessed the accident may be essential to your case. A qualified attorney can also help by proving negligence and showing that the sole cause of your child’s injuries was the product defect.

Compensation can be given for economic as well as non-economic damages associated with the injury accident, such as medical expenses and the pain and suffering your family endured as a result of the incident. Compensation can make a significant difference in how well your child is able to recover, so filing a claim may be one of the best decisions you can make for your family.

Helping Families Move Forward

The child injury lawyers in San Diego understand how traumatic it is when the child you love is injured, especially when it is a child’s product that you should be able to trust that was the cause. Our legal team has dedicated our careers to helping those injured as a result of another’s negligence and, as such, we have the resources, skills, and passion needed to fight for justice for your family. Manufacturers may have well-funded attorneys on their side who may do everything in their power to dodge liability for your child’s injuries, which is why you should have the best legal representation to preserve your rights and get the money your child needs to recover.

Finding a San Diego Defective Child Product Lawyer

Child product manufacturers are called on to have a high level of quality and safety precautions, but they do not always follow these guidelines. The San Diego defective product attorneys are dedicated to not only winning compensation for injured children and their families, but finding justice in holding negligent companies responsible for the injuries they caused. Contact us today for further details on how our law team can help you find compensation for your losses.

Metrolink Train Accident Kills Car Driver

December 4, 2018 Injury Lawyer San Diego 0

An unidentified man in his 70s was killed in a fatal Los Angeles train accident that occurred on November 29, 2010, around 9:35 a.m. at Francisquito Avenue, approximately 116 miles from San Diego. Sherita Coffelt of Metrolink said that train number 304 was heading from Union Station in Downtown Los Angeles to San Bernardino when it struck the elderly man’s car, killing him.

The elderly motorist was pronounced dead at the accident scene by the authorities. Two passengers in the train also suffered injuries in this train accident and were transported to a nearby hospital for treatment.

From the present facts, it is unclear as to how this train accident occurred. Did the train driver ignore a red signal? Was he distracted that he did not notice the victim’s car? At the same time was it the elderly person’s failure to observe safety signals? Was he unable to calculate the distance between his car and approaching train? If negligent operation by the train conductor caused this train accident, then the train conductor and his employer might be legally required to compensate the elderly person’s family for the cost of funeral expenses, loss of love and companionship, and other related damages. The deceased’s family would be well-advised to consult with an experienced Los Angeles personal injury lawyer who will advise them about their legal rights and options.

Elderly Motorist Injured In Lake Elsinore Bus Accident

December 4, 2018 Injury Lawyer San Diego 0

Margaret Birch, 75, suffered serious injuries in a serious Lake Elsinore car accident that occurred on November 29, 2010, around 3:00 p.m. According to California Highway Patrol Officer Ron Thatcher, Birch pulled her minivan in front of a school bus when the collision occurred. The impact of the car crash was so strong that Birch’s car was pinned under the school bus.

Fortunately, all the 51 school students who were traveling in the bus escaped unhurt. Birch was immediately transported to Inland Valley Regional Medical Center in Wildomar to receive treatment for her leg injuries.

This accident is a good illustration of one of the main rules of the road: always watch out for traffic before entering an intersection or roadway. If you do not look for cross-traffic, you can possibly violate another motorist’s right of way and cause an accident. Even worse, that motorist may be driving a larger vehicle—such as a school bus—placing you and your passengers in danger of serious injury or even death.

We sincerely hope and pray that Birch did not suffer any life-threatening injuries in this bus accident.

Paralyzed San Diego Rollover Car Accident Victim Beats Ford Motor Co….Again (x6)

December 1, 2018 Injury Lawyer San Diego 0

We’ve written before about Benetta Buell-Wilson’s ongoing fight with Ford Motor Company regarding her record-breaking $369 million trial court verdict after her Ford Explorer rolled over on Interstate 8 (I-8), which left her paralyzed due to a crushed spine (Crippled San Diego Injury Victim Beats Ford Motor Co.; Record San Diego Roll-Over Verdict to be Reviewed).

Well, Buell-Wilson won again and this time it is final. Ms. Buell-Wilson has been fighting since she was injured earlier this decade and for the last five years since a San Diego jury awarded her $369 million, including $27.6 million in compensatory damages and nearly $340 million in punitive damages. After several appeals, including a reduction of the total verdict to $82 million, the United States Supreme Court finally ended this legal ordeal by failing to accept Ford Motor Company’s appeal. Ford will now be forced to pay Buell-Wilson the $82 million verdict.

In June 2002, Buell-Wilson was severely injured and paralyzed while she was driving on I-8 near Tavern Road in Alpine in East San Diego County. The San Diego County auto accident occurred when she swerved to avoid an object on the freeway, causing her vehicle to roll over several times and come to rest on its’ roof. Buell-Wilson alleged that the design of the Ford Explorer because it was unstable and had a weak roof, particularly at its’ “C pillar” behind the front seat and in front of the rear seat.

Congratulations to Buell-Wilson and her husband. It takes a great deal of determination and courage to fight a multi-billion dollar company like Ford to get the compensation one deserves and to punish Ford for its’ knowing failure to make a safe vehicle. We hope they now have peace.

2 Bicyclists Struck in Separate Car Crashes

November 30, 2018 Injury Lawyer San Diego 0

Two cyclists, a 10-year-old girl and a 23-year-old woman, are recovering from injuries they sustained after being hit by vehicles in two different auto accidents in San Diego.

The 10-year-old girl was riding eastbound on Catalina Boulevard at about 7:20 a.m. Tuesday when a 2011 Chevy van turned the corner on Wilcoz and hit her at the intersection. Despite what most people think, the young girl knows how to ride and was doing it safely. She competes in triathlons for kids and was riding in front of her dad, who was training with her. Her father barely avoided the collision.
The girl was taken to the hospital for a fractured leg and collar bone.

The 23-year-old woman sustained non-life-threatening facial fractures when a Hyundai SUV tried to pass her on the 4900 block of College Avenue, near Cresita Drive, at about 5:30 p.m. on Tuesday. The 55 year-old SUV driver was obviously in too much of a hurry to wait until it was safe to pass.

Both drivers’ negligent driving caused these bicycle accidents, and they may be held liable for the damages, including medical bills, loss of income, etc. The victims’ family should immediately seek counsel with a San Diego County bike collision attorney to learn about how to get the compensation they need to cover these expenses.

San Diego Motorcycle Accident Lawyer Reveals the Top 5 Most Common California Motorcycle Accidents

November 29, 2018 Injury Lawyer San Diego 0

What are the top 5 types of California motorcycle accidents? How should motorcycle riders avoid them? San Diego, CA motorcycle accident attorney reveals these answers.

Do You Know the Top 5 Most Common Types of Motorcycle Accidents in California? We’ll Tell You How to Avoid Them…

Riding a motorcycle safely in California requires skill and judgment on the part of the rider. It is a fun way to get transport oneself across the state’s roads and freeways–one of the reasons why so many Californians ride their bikes. However, we all know that riding a motorcycle can be dangerous and there are several common accidents which happen daily on California’s roads from San Diego to San Francisco.

In California, the most common types of motorcycle accidents are:

  • Accidents that happen on bends in country roads
  • Crashes that happen at intersections
  • Wrecks that occur while overtaking slower vehicles
  • Loss of control while riding
  • Poor road surface conditions

Here are examples of these types of accidents and how to avoid them:

Bends in Country Roads

Most motorcycle riders are not experienced riding on country roads. They grew up riding on city and town roads. However, country roads need a special sort of skill, knowledge, and ability, particularly around bends.

Bends on country roads can be smooth and even and open up once you turn into the bend. Other bends tighten up dramatically and make the rider realize that they took the turn at too high a rate of speed only after entering the bend. That leads to a major problem and increases the likelihood that the rider will lose control.

When taking a bend on a country road, pay attention to visual clues such as lines of trees, path of telephone poles, and roadside bushes that will give you an indication of the severity of the bend. Always make sure to take a safer path by entering the bend slower than one would expect is safe and allowing the motorcycle to accelerate through the bend when they have greater room to maneuver.

Accidents at Intersections


This is the most common motorcycle accident in urban areas and usually happens when drivers of cross traffic don’t pay attention. They fail to give way or stop and pull out in front of the motorcyclist forcing him to lay the bike down or collide broadside with the motorcyclist in a “t-bone accident”. Most of these accidents happen at T-intersections with the vehicle trying to make a turn onto the main road or trying to pull out of a parking lot.

Drivers of cars usually have a difficult time judging the speed of an oncoming motorcycle and thereby underestimate the time of arrival at the intersection. Always remember that in a crash between a motorcycle and a car, the bike will end up with the worst of it no matter who is at fault. Therefore, if you are approaching an intersection or riding in the far right lane of traffic, always look out for motorists who may not see you and pull out into the flow of traffic.

Crashes While Passing Slower Traffic

Passing slower traffic, particularly on two-lane roads when one passes in the oncoming lane of traffic, is a test of skill and judgment as well as the motorcycle’s acceleration. If you are not used to riding the particular motorcycle, be extra cautious. Take time to learn how the bike reacts to acceleration and braking in different gears before passing.

It is generally not a good idea to pass when approaching bends, intersections, pedestrian crossings, hills or dips in the road, and while crossing double yellow lines.

Loss of Control


Losing control of your motorcycle is by definition dangerous. Losing control usually happens when the motorcyclist is following too close or the vehicle behind the motorcycle is following too close. To protect yourself, always make sure there is a buffer in front and in back of your bike and you can see all the traffic in front of you so that sudden stops won’t catch you off guard.

Poor Road Surface Conditions


Adjusting to changing road conditions is always a challenge. A variety of road conditions require different riding skills and experience to avoid losing control. These conditions include poor weather conditions, fuel spills, mud, manhole covers, and painted road markings.

Keep a lookout for these road conditions and any road signs warning of danger ahead. Also look out for construction zones where loose gravel and debris gather. Always make sure your tires are in good condition and pressurized correctly. Your life often rests on your tires. When you encounter possible dangers, be sure to allow yourself more space and time to react.

For all of the possible motorcycle accidents, the best cure is skill and experience riding your bike.

If you or a loved one has been injured in a California motorcycle accident, the skilled and aggressive San Diego, CA motorcycle accident lawyers are available to discuss your rights and provide a free consultation.

Pedestrian Struck, Another Killed Crossing El Cajon

November 28, 2018 Injury Lawyer San Diego 0

25-year-old Melissa N. Ferreira was killed in a tragic car wreck that occurred on November 19, 2011, around 2 a.m. in front of the El Cajon Grand Bar on Main Street. According to El Cajon police officers, a man and woman were struck by a Mitsubishi Montero going westbound in front of the bar.

Ferreira suffered fatal blunt force trauma and was pronounced dead at the accident scene. The male pedestrian suffered non-life threatening injuries and was immediately taken to nearby hospital for treatment.

The SUV’s driver stopped immediately following the crash and was cooperating with investigators. Our thoughts and prayers go out to the family and friends of the deceased pedestrian. From the available information, it is unclear what led to this serious pedestrian accident. The accident is still under investigation. Alcohol and drugs were not a factor.

The deceased’s family members should immediately seek counsel from an experienced San Diego County car crash lawyer who would educate them about their legal rights and help them obtain compensation to cover the burial and burial costs, loss of anticipated earnings, and other accident-related damages. The injured pedestrian may also file a personal injury claim to obtain compensation to cover treatment, medical and hospital costs.

Our law office sends our condolences to Ferreira’s family and hope that the injuries suffered by the other pedestrian heal soon.

Fatal Oxnard Truck Accident Kills Young Boy

November 28, 2018 Injury Lawyer San Diego 0

6-year-old Anthony Martinez was killed in a tragic pickup-truck wreck that occurred on November 24, 2011, around 4:20 p.m. at the 1300 block of W. Olive Street. According to Cmdr. Tom Chronister, Martinez was riding his bike along the sidewalk, entered the street, and was struck 50-year-old Jesus Calderon Ruvalcaba.

Martinez suffered fatal injuries and was pronounced dead at the accident scene. From the available information, it is unclear what led to this serious truck wreck. Was the driver speeding? If it is found that the truck driver was driving negligently or recklessly, then he might be held liable for the young boy’s death.

Meanwhile, the injured juvenile’s family members should immediately seek counsel from an experienced Ventura County bicycle accident lawyer who would educate them about their legal rights. This lawyer may also help young boy’s parents obtain compensation to cover treatment, medical and hospital costs.

Our personal injury law office sends sincere condolences to the young boy’s parents.

Perhaps the Most Important Appellate Court Case for California Personal Injury Clients

November 28, 2018 Injury Lawyer San Diego 0

On November 23, 2009, the Court of Appeal, Fourth Appellate District of California (which includes much of San Diego and Orange County) handed down an opinion which helped injured Californians seeking full compensation for injuries caused by others. The opinion, Howell v. Hamilton Meats & Provisions, Inc., declined to follow the insurance industry’s argument that injured people can only collect monies for the reduced amount of their medical bills negotiated by their health insurance companies. The Court upheld the “collateral source rule” that a negligent person must pay for all the harm they caused–including the full amount of medical bills charged by the health care providers–and cannot obtain the benefit obtained by the injured person’s health insurance (the “collateral source”, i.e., a source of payment other than the negligent person.

The Howell case involved a car vs. truck accident where San Diego County resident Rebecca Howell was hit by a commercial truck owned by Hamilton Meats and driven by their employee. As a result of the auto wreck, Ms. Howell was admitted to the hospital and received subsequent treatment from her doctors in the total amount of over $189,000 which included a fusion of the vertebrae in her neck. At trial, Hamilton Meats admitted liability for causing the accident but disputed the amount of damages that Ms. Hamilton was seeking for compensation (this is very typical). After the trial, the Vista, CA jury awarded Ms. Howell nearly $690,000, including her $189,000 in medical bills.

After the rial, Hamilton Meat’s attorneys sought to reduce the amount of the verdict by arguing that the true amount of the medical bills was $59,000 and not $189,000 after her doctors agreed to accept reduced payments from Ms. Howell’s health insurance carrier. Typically, doctors will agree to a reduced payment from a health insurance company so that the total amount paid for care is not the face value of the bill. They do this for a variety of reasons, including having the benefit of being an approved doctor (and receiving a pipeline of patients) and receiving “in-kind” benefits such as equipment and supplies.

The trial court granted the reduction under a line of cases commonly known as Hanif/Nishihama. During the last five years, the insurance companies have convinced the trial courts that this line of cases allowed for post-trial reductions in jury verdicts despite the fact that the collateral source rule clearly stated that injured people can collect the full amount of their medical bills. The collateral source rule had been California law for nearly 40 years before the Howell decision was handed down earlier this week.

The Appellate Court decision reversed the Hanif/Nishihama rulings and clearly states that the collateral source rule is California law.

This is perhaps the most important ruling in favor of injured Californians in the last 5 or 10 years. The insurance companies had used Hanif/Nishihama to ratchet down settlement offers and to reduce jury verdicts. Now, with Howell, injury victims who had the foresight to obtain health insurance prior to their accident will not find themselves penalized for doing so in court.

Read the whole opinion.

We want to salute and thank the San Diego, CA personal injury lawyers who fought for this victory.