Month: February 2018

Judge to Review Verdict in San Juan Capistrano Bicycle Accident

February 5, 2018 Injury Lawyer San Diego 0

This Friday, a judge will review a $8.3 million verdict against the City of San Juan Capistrano awarded to a 14-year-old boy, Trenten Miller, who lost his leg during a bicycle accident.

The judgment was to be finalized last month. However, San Juan Capistrano decided to file an objection to the jury findings and overturn the verdict. Superior Court Judge Thierry Colaw set a hearing to hear the City of San Juan Capistrano’s motion this Friday.

In December, an Orange County jury found that the City of San Juan Capistrano liable to Miller because the City created a dangerous condition at an intersection. Miller was the passenger on his friend Scott Agostini’s dirt bike. Overgrown vegetation in the median of the intersection made it difficult for Miller and Agostini to see oncoming traffic as they attempted to cross the intersection of San Juan Creek Road and Paseo Christina.

The jury ruled in favor of the bicyclists, ruling the City of San Juan Capistrano to pay Miller $7.1 million and $1.1 million to Agostini. The verdict was reached three years after the bicycle accident and after Miller unsuccessfully attempted to settle the suit in mediation. Prior to the jury’s verdict, the City of San Juan Capistrano’s only offer was $1 million, which Miller rejected.

California Medical Board Allows Doctor to Keep License After Aiding Illegal Abortions

February 4, 2018 Injury Lawyer San Diego 0

The California Medical Board permitted a doctor to keep his license after committing medical malpractice by aiding an unlicensed doctor perform illegal abortions. Dr. Mohammad Bararsani, who runs a cash-only abortion business at his Women’s Care Center on Crenshaw Boulevard in Torrance, California, was also charged with seven other cases of negligence and incompetence. Associates of Dr. Barasani have committed medical malpractice by performing abortions in San Diego without a medical license.

The charges against Dr. Bararsani arise from his actions to help Edgar Ruiz perform illegal abortions.

This is not the first time Dr. Barasani has worked with people performing illegal abortions. Bararsani, a 1964 graduate of Tehran University School of Medicine, has worked with Edgar Ruiz, a doctor licensed in Nicaragua. He has also worked with Bertha Bugarin who is awaiting sentencing for posing as a doctor and performing illegal abortions in both Los Angeles and San Diego counties.

For whatever reason, the California Medical Board decided to allow Dr. Barasani to keep his medical license after performing some minor probation tasks. For his probation, he must complete an education course, a medical records class, and is prohibited from supervising physician’s assistants.

Although the topic of abortions is usually a lightning rod topic, it is important to remember that it is a medical procedure. It is also a medical procedure that presents risks of infertility, infection, and even death. Quite honestly, it is amazing that the California Medical Board did not do more to protect Californians—and San Diegans—from his practice of using unlicensed doctors to perform abortions on low-income women.

San Diego Consumers Have New Tool to Fight Car Title Fraud

February 4, 2018 Injury Lawyer San Diego 0

The US Department of Justice launched an online database available to all government agencies and to consumers to help detect automobile title fraud, theft, and other crimes involving cars.

The new database, called The National Motor Vehicle Title Information System (NMVTIS, editor: Great acronym, guys!), launched on January 30, 2009 and is available to consumers through several fee-for-service websites. Consumers can use the system to verify and exchange title and brand data as well as look up vehicle histories, including odometer data.

The launch of NMVTIS occurred only after three public interest groups–Public Citizen, Consumers for Auto Reliability and Safety (CARS, editor: Much better acronym.), and Consumer Action, sued the federal government seeking an order from the Court to force the government to implement NMVTIS as Congress had instructed 16 years ago.

While the database is not complete right now–less than two-thirds of all cars are listed–it is a step in the right direction to help prevent consumer fraud.

If you experience fraud in the purchase of a car, or if you buy a new vehicle that does not work properly, call our lawyers to learn about your rights.

San Diego Trolley Accident Injures Two Passengers

February 4, 2018 Injury Lawyer San Diego 0

Two light rail passengers were injured in a San Diego trolley accident as their trolley slammed into a postal vehicle at Park Boulevard and G Street in East Village in San Diego. This auto vs. train accident took place around 11:30 a.m. on February 3, 2010.

Though no one lost their life, two passengers, a 40-year old man who uses wheelchairs and a woman in her 40s, were taken to Scripps Mercy Hospital and Kaiser Hospital, respectively. The man was treated for major trauma and the woman sustained minor injuries. Police are still investigating the cause of the crash.

Trolley accidents in Downtown San Diego are not unknown. Light rail drivers are known to enter intersections on the tail end of the yellow light, thereby causing traffic snarls and blocking intersections.

San Diego Assault and Battery Takes Life of 22-Year Old Man

February 3, 2018 Injury Lawyer San Diego 0

An argument over a taxicab resulted in the death of a 22-year old man named LaDonte Collins, on February 2, 2010, in the 7000 block of El Cajon Boulevard in San Diego. This unfortunate San Diego assault and battery took place in the early morning hours around 4:30 a.m. in the parking lot of the Ace Budget Motel.

The fatal assault appears to have been resulted from a quarrel between the victim and another man who both wanted to hire a taxi that had just arrived to pick up a fare outside the College Area motel. The quarrel heated up and ended with the other man, whose name was not immediately available, stabbing Collins and severely wounding him. Collins was taken to Sharp Memorial Hospital, where he was declared dead an hour later. The suspect was later turned over to the homicide detectives.

Incidents like these tend to leave us shocked and angry. How unjust and inhuman is it to take away a life in a fit of rage?! Our office wishes to convey our sincere prayers and condolences to the family and friends of LaDonte Collins in such difficult times.

San Diego Salmonella Food Poisoning Tied to Unlicensed Texas Plant

February 3, 2018 Injury Lawyer San Diego 0

San Diego residents suffering from food poisoning due to salmonella in their peanut butter products appear to be the victim of a Texas processing plant that went unlicensed and uninspected for years.

The Plainview, Texas plant for Peanut Corporation of America was never inspected until it came under investigation by the FDA.
Inspectors have not found any trace of salmonella at the plant but have determined that the plant had been operating without a license and without inspection for years.

Unfortunately, this is a common occurrence. The company’s sister plant in Blakely, Georgia revealed roaches, mold, and numerous positive tests for salmonella.

We hope that federal and state health inspectors do their job now that this outbreak has spread nationwide and shut these plants and Peanut Corporation of America down. If you have been exposed to salmonella food poisoning, please immediately go see a doctor and receive urgent health care. Our office is available at any time after you’ve received health care. Please contact us and speak to a lawyer about your food poisoning injury.

Los Angeles Judge Rules Against Car Owners in Defective Seatbelt Lawsuit

February 2, 2018 Injury Lawyer San Diego 0

On Thursday, a Los Angeles Superior Court Judge ruled that a seatbelt manufactured by Takata Corp. of Japan was safe and met federal safety standards. The ruling ended a lawsuit brought by car owners who had claimed that the TK-52 seatbelt–installed in approximately 4 million cars in California–was improperly tested and subject to its’ buckle opening during collisions.

Lawyers for the car owners vowed to appeal.

None of the car owners claimed that any of the seatbelts were actually defective. Nor did they claim that they had been injured by the seatbelts. The allegation was that the seatbelt would fail in the future.

Other class-action lawsuits against Takata had been previously dismissed in other lawsuits.

Fatal Vista Pedestrian Accident Suspect Turns Himself In

February 2, 2018 Injury Lawyer San Diego 0

Providing fresh insight into the teen skateboarder killed by in a Vista hit and run car accident, a 92-year old man has turned himself into authorities saying that he might be the careless driver. A vigil was held in memory of 15-year old Lucas Giaconelli, who lost his life in when a car struck and killed him as he was skateboarding along Thobodo Road in Vista in North San Diego County.

It was during the vigil itself that the 92-year old suspect came forward asking why the vigil was taking place. The deputy with the San Diego Sheriff’s Department explained about the Vista pedestrian accident. When the deputy was finished, the man said he had been driving on the street around the time of the accident and thought he had hit a small animal. The man’s car was then examined and the damage was found to be consistent with the fatal auto accident.

It has to be said that, though we are all concerned with the way young people drive, though also has to be given to the danger posed by senior citizens driving when they perhaps should not. Clearly, due to their age, they can sometimes cause serious threats to fellow drivers and pedestrians. In some cases, such as in this accident, their carelessness and inability to react quickly can even cause death.

California Supreme Court Rules San Diego Consumers Cannot Bring “Preemptive” Lawsuits

February 2, 2018 Injury Lawyer San Diego 0

Last week the California Supreme Court ruled that California consumers cannot bring “preemptive” lawsuits–lawsuits that are brought to stop an injury before the injury actually occurs–for violation of state consumer law.

The Court ruled that only people who have suffered an actual injury can bring suit under the California Consumer Legal Remedies Act.

The ruling came in a case named Meyer v. Sprint Spectrum LP.

What does this mean for San Diegans? It means that even if it is all but certain that you will lose money or suffer some other type of injury from a business’s conduct, you cannot sue to prevent that injury. You must first suffer the injury, then you can sue.

In the case, consumers brought suit against Sprint to prevent Sprint from charging them early termination fees and to change the arbitration provisions contained in the phone service contracts. However, because the consumers had not yet incurred the early termination fees, the Court ruled that they could not bring suit.

Vista Skateboarder Dies in Hit and Run San Diego County Auto Accident

February 1, 2018 Injury Lawyer San Diego 0

A 15-year old Vista boy was killed by a hit and run driver in a tragic Vista car accident while he was skateboarding on Thibodo Road east of Edna Way. The teenager, identified as Lucas Giaconelli, was a freshman at Rancho Buena Vista High School.

This tragic accident happened on Friday, January 29,2010, around 7 p.m., when Lucas was struck from behind by a high-speed 1990 Toyota Camry while he was skateboarding with his friends. Lucas was knocked down to the street and was taken to an Escondido hospital where he succumbed to his injuries within an hour of arrival. The suspected driver was said to be driving a white model of Camry with tinted windows. It is believed to have a broken headlight and front-end damage, reported Sheriff’s Deputies.

Serious pedestrian accidents like these tend to shake our trust and faith in humanity. How cruel is it to leave anyone, most of all a child, gravely injured and bleeding on the road? The entire Vista community is shocked and grieving! Our office wishes to convey our sincere prayers and condolences to the family and friends of Lucas Giaconelli in such heartbreaking times. We hope for the accused to be caught soon.