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As has been reported by a number of media outlets, the beating of Kelly Thomas by officers with the Fullerton Police Department has garnered national attention because of allegations of excessive force.  Five days after the altercation with police officers, Thomas, a 37 year-old homeless man with a history of mental illness, reportedly died from injuries he sustained at the hands of as many as six Fullerton Police officers.  Currently, multiple investigations are under way and witnesses to the incident on July 5th are being sought. 

See the Los Angeles Times article HERE.

Since the videotape of the incident emerged, serious questions have been raised concerning the use of force by Fullerton officers to subdue Thomas, who was apparently unarmed.  Court records indicate Thomas was 5'10" tall and possibly weighed less than 150 pounds at the time of the incident.  In the videotape, witnesses to the beating appear disgusted with the repeated use of a taser to subdue Thomas and the overall use of force on a man who was already on the ground.  Unfortunately, the quality of the video is fairly poor, and the incident appears to have been captured only after a considerable amount of interaction between the police and Thomas had taken place.  However, it remains to be seen what other videos (perhaps one from a dash mounted camera) will surface.  In addition to the video already released, a horrific picture of Thomas' face taken after the incident is circulating, and it would seem the Fullerton Police Department may have a hard time explaining the extent of the injuries sustained. 

Under the law, a police officer may only use a reasonable amount of non-deadly force to effect the arrest of someone suspected of a nonviolent crime.  The determination of reasonableness of the officer's actions must be considered in light of “the totality of the circumstances at the time,” including “the severity of the crime at issue, whether the [person arrested] posed a reasonable threat to the safety of the officer or others, and whether the [arrestee] was actively resisting detention or attempting to escape."  In addition to this, and in the context of a civil rights claim, the initial step in the analysis here must include whether the Fullerton Police officers had "reasonable suspicion" to believe criminal activity was afoot and that Thomas was involved in that activity.  If the initial contact and detention by the police was unlawful, then Thomas may have been deprived of his civil rights in this regard and what followed may have been illegal as well.

Compensation for the victims of police misconduct should be an important concern for all Californians. When an innocent patron is unlawfully detained and/or beaten by the police, without adequate cause, the public entity should be held accountable and compensation paid to the victim or the victim's family. An Orange County false arrest attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you been a victim of an unlawful arrest or use of excessive force at the hands of the police?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

A hit-and-run accident in Huntington Beach left a young woman dead from her injuries early Friday morning.  According to a story in the Huntington Beach Independent, the 24 year-old woman, Oriana Millan, was struck along with her companion, Harlan Coffman, while at the intersection of Brookhurst Street and Atlanta Avenue.  Millan was pronounced dead at the scene, and Coffman was taken to a local hospital with what were described as non-life threatening injuries.  Anyone with further information is asked to please contact the Huntington Beach Police Department, 714-536-5666.

See the Independent story HERE.

In another tragic accident, a female passenger was killed when the reportedly intoxicated driver of the car in which she was riding crashed into a tree and a retaining wall.  According to a story in the Orange County Register, the accident happened when the driver, Justin Drake, was apparently speeding on Malvern westbound near Woods Avenue in the City of Fullerton.  The female passenger was in critical condition at the scene and was transported emergently to the hospital, where she later died of her injuries.  Drake was arrested on suspicion of felony DUI.  Anyone with further information is asked to please contact the Fullerton Police Department, 714-738-6716.

See the Register story HERE.

Both of theses accidents appear to have been the product of careless, if not reckless, driving.  In the first story, the driver left the scene of the collision and then reported to police he thought he had struck an animal in the road.   The flight and the seemingly ridiculous story of running over an animal tend to demonstrate consciousness of guilt.  In the Fullerton accident, the driver apparently exhibited signs of intoxication at the scene and was consequently arrested for felony DUI.  In both instances, these drivers will face not only the prospect of serious criminal charges, but the very real possibility of civil lawsuits for wrongful death, which may include a claim for punitive damages.

Compensation for the victims of automobile accidents caused by a driver’s negligence, should be an important concern for all Californians.  When a driver negligently or recklessly causes a traffic accident and death results, the driver should be held accountable.  An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury cases, including those for wrongful death.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Has a loved one been killed in an automobile accident involving an impaired or reckless driver?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Pursuant to a settlement agreement reported earlier this week, UCLA Health Systems will pay $865,500 because of hospital employees accused of snooping in the medical records of two of celebrities.  According to a news story by KTLA, the complaints cover a period from 2005 to 2009, during which hospital employees were fired for improperly accessing the medical records of dozens of celebrities.  Citing the Los Angeles Times as their source of information, KTLA reported that those celebrities included Britney Spears, Farrah Fawcett and former California First Lady Maria Shriver.

See the KTLA news story HERE.

Under California law, in order to state a cause of action for invasion of privacy, a party must establish (1) a legally protected privacy interest, (2) a reasonable expectation of privacy in the records, (3) a serious invasion of the privacy interest, and (4) damages caused by the invasion of the privacy interest.  In general, medical records are considered highly sensitive materials that fall within the scope of the right to privacy.  However, the constitutional right to privacy is not absolute, and it may be outweighed by supervening concerns.  For example, when the state of California has enough of an interest in discovering the truth in legal proceedings, it may compel disclosure of confidential material.   This sometimes comes up in the context of criminal and child custody proceedings in which a litigant’s medical history or condition is regarded as important to the outcome.  However, as in the case above, when the motivation is “snooping” and is committed by a private individual or entity, there is rarely a defense to the intrusion and the issue becomes one of damages.  With regard to disclosure of medical records, under certain Civil Code Sections (referred to as the Confidentiality of Medical Information Act) nominal damages are recoverable regardless of whether there was actual harm to the patient.

Compensation for the victims of  privacy violations should be an important concern for all Californians.  When an individual or entity discloses private medical information in violation of the law, they should be held civilly responsible.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  The first step in recovering compensation for the victim is to seek appropriate representation.  Mr. Ralph has 20 years years of experience handling personal injury and privacy cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you been the victim of an invasion of privacy?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

An accident that occurred on June 20th in Orange County has left a family devastated and trying desperately to identify the responsible hit-and-run driver.  According to KTLA news, the accident happened while three members of the Argo family were heading northbound on the 405 freeway near Laguna Canyon Road.  At about 12:30 p.m., a black GMC Suburban reportedly ran into the vehicle being driven by 40 year-old Annette Argo, with two of her children on board, causing the Argo vehicle to crash into a ditch.  The SUV driver apparently fled the scene without rendering aid or calling for assistance.  Ava Argo, just 4 years old, suffered severe injuries and was admitted to the intensive care unit  of a local hospital.  Last week, doctors spent nine hours operating on her to fix her jaw, upper palette, eye sockets and nose.  She also underwent a tracheotomy, but it will be another week before doctors can un-wire her jaw.  Ava’s 9 year-old brother, Gaven, suffered a broken clavicle but has been released from the hospital.  Annette sustained very serious injuries to her right leg, and she remains hospitalized.

Ava’s father, Robert O’Connor, and his wife, Erica, are now offering a $10,000.00 reward to anyone who provides information leading to the arrest and conviction of the hit-and-run driver.

See the KTLA news story and photographs HERE.

While the precise circumstances of how the accident occurred were not released in this news story, the actions of the hit-and-run driver would seem to reflect consciousness of guilt.  Why would anyone flee the scene after being involved in such a horrific accident unless they were trying to avoid criminal and civil responsibility?  Simply stated, under California law the flight of a person immediately after the commission of a crime is not sufficient in itself to establish guilt, but it is a fact which, if proved, the jury may consider in deciding a defendant’s guilt or innocence.   Here, evidence of the SUV driver’s flight would seem particularly compelling evidence since he would have had at least two reasons not to leave the scene: (1) to comply with the law requiring he stay, and (2) to render aid to those in the Argo vehicle who could easily have been, and actually were, badly injured.  In the context of a civil case, the hit-and-run driver’s responsibility would not have to be proven beyond a reasonable doubt, but only established by a preponderance of the evidence, that featherweight of evidence tending to prove negligence.

Compensation for the victims of  hit and run accidents should be an important concern for all Californians.  When a driver negligently or intentionally causes a serious injury accident and then flees the scene, they should be held criminally and civilly responsible.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  The first step in recovering compensation for the victim is to seek appropriate representation.  Mr. Ralph has 20 years years of experience handling personal injury and automobile accident cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a hit-and-run automobile accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

After a tire apparently blew out, an SUV carrying eight passengers rolled several times on the eastbound lanes of Highway 60 in Glen Avon yesterday morning.  Citing official CHP sources, the Press Enterprise reported that the majority of the passengers were not properly seatbelted at the time of accident.  The passengers were apparently coming from Los Angeles and heading to a Fourth of July outing at Lake Perris in Riverside County.  The early investigation showed the vehicle, a Mitsubishi Montero, rolled at about 9:45 a.m. after an apparent tire blowout near Pyrite Street.  The vehicle was reportedly carrying three adults and five children.  Two of the children, ages 6 and 14, were pronounced dead at the scene, and the remaining six victims were transported to local hospitals for treatment of injuries ranging from minor to severe.

See the Press Enterprise story HERE.

This tragic accident is still under investigation by the CHP, and it is far too early to identify a definitive cause.  However, it appears witnesses reported a tire on the Montero blew out before the rollover accident.   Assuming this to be true, it will be important for those investigating the accident to determine whether the blowout resulted from striking an object in the road, a product defect in the tire,  inadequate tire pressure or a combination of some or all of these factors.  Additionally, the driver’s reaction to the sudden deflation of the tire will determine whether human error contributed to the severity of the accident.  Important elements of accident reconstruction and human factors will need to be evaluated in order to best determine how and why this horrific accident occurred.

Compensation for victims of accidents caused by a defective product, should be an important concern for all Californians.  When a consumer is injured or killed because of an unsafe product, including a vehicle tire, the manufacturer should be held accountable.  An Orange County product liability lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in an accident involving the failure of a defective product?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

A roll-over accident killed two Nevada women yesterday along Interstate 15 in the Mojave Desert town of Baker.  According to the Press Enterprise, citing official sources, the accident happened at approximately 11:30 a.m. in the town located midway between Barstow and Nevada.  The driver of the SUV involved, 37 year-old Claudia Qeuzada, and the rear seat passenger, 20-year-old Blanca Valenzuela, were pronounced dead at the scene, along the interstate’s southbound lanes near Halloran Springs Road.  Other occupants of the vehicle were hospitalized after the crash.  According to witnesses, it appeared that the right rear tire blew, causing the SUV to veer off the roadway and roll multiple times.  The California Highway Patrol is still investigating the precise cause of the accident.

See the Press Enterprise story HERE.

Assuming that the witness reports are correct and the rear tire blew out just before the accident, it could be that this occurred because of a defect in the manufacture or design of the tire.  If there was a tread separation and blow out, then this accident may have caused, at least in part, by a dangerously defect product.  Other causes of a tire blow out include low air pressure which can cause the sidewall to split or striking an object in the roadway, which can lead to a weakened, bubbled area in the sidewall that will eventually fail.  In addition to these factors, the speed of the vehicle and the reaction of the driver must be taken into account.  Given the severity of this accident and the tragic consequences, it is likely the CHP’s Multidisciplinary Accident Investigation Team (MAIT) will likely due a full investigation, which will include, among other things, a physical evidence analysis and mechanical inspection in order to determine the cause of the accident.

Compensation for victims of accidents caused by a defective product, should be an important concern for all Californians.  When a consumer is injured or killed through no fault of his own because of a product defect, the manufacturer should be held accountable.  An Orange County product liability lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in an accident involving the failure of a defective product?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

Last week, the California Supreme Court reversed a 22.5 million dollar judgment against a defendant company for the negligent driving of their employee.  In that case, the plaintiff, Dawn Renae Diaz, suffered severe, permanent injuries when an out of control vehicle (driven by Karen Tagliaferri) flew over the center line of the roadway and crashed into plaintiff’s car coming the opposite direction.  It was contended that Tagliaferri had been in somewhat of a “road rage” incident with the driver of the company truck, Jose Carcamo.  Diaz argued that Carcamo was negligent in that he caused or contributed to the Tagliaferri vehicle going out of control, by speeding, not checking his mirrors and/or by being in the wrong lane of travel.  The plaintiff further argued that Carcamo’s employer, Sugar Transport of the Northwest, was negligent in their hiring and retention of Carcamo.  As proof of this point, Diaz offered evidence of Carcamo’s questionable employment history and record of poor driving and accidents, even though Sugar Transport conceded at trial they would be vicariously liable for Carcamo’s negligence, if any.  The Supreme Court reversed the judgment, holding that the evidence of poor driving and unrelated employment issues were essentially irrelevant because Sugar Transport had accepted responsibility for Carcamo’s driving at the time of the accident.  The Court went on to hold that the evidence of Carcamo’s prior accidents and other misconduct likely influenced the jury’s decision.

In essence, the Supreme Court apparently felt it was unfair for the Plaintiff in the Diaz case to introduce evidence of Carcamo’s and Sugar Transport’s prior bad acts under the guise of proving a claim for negligent hiring and retention.  The evidence relative to the accident reportedly showed Tagliaferri was speeding when she changed lanes and clipped the front of the Sugar Transport truck, causing her to lose control.  The only theory against Carcamo/Sugar Transport in causing the accident was seemingly weak.  That theory, according to the Court, was unfairly propped up by the offering of very damaging facts relative to Carcamo’s accident history and immigration status.  In California, pursuant to Evidence Code § 1101, evidence of a person’s character or a trait of his or her character (whether in the form of an opinion, evidence of reputation, or evidence of specific instances of his or her conduct) is inadmissible when offered to prove his or her conduct on a specified occasion.  It appears the Supreme Court was of the impression the Plaintiff in the case above had essentially circumvented this rule by alleging and proving an unnecessary theory against Sugar Transport, in light of their willingness to accept responsibility for their employee.

Compensation for the victims of motor vehicle accidents caused by negligent driving or even road rage should be an important concern for all Californians.  When a driver negligently or recklessly operates their vehicle, they should be held accountable for the injuries, damages and devastation they leave behind.  An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family been injured in an automobile accident caused by a negligent or reckless driver?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

Three women were killed early today when the driver of a Wal-Mart tractor-trailer apparently rear-ended a slow moving Nissan pickup truck on the 57 Freeway in Glendora.  Fox news, citing official sources, has reported the accident occurred at about 3 a.m. on the southbound freeway near Auto Center Drive.  The pickup truck was described as having slowed to around 5 miles per hour for some sort of mechanical problem.  The impact was so severe it ruptured the pickup truck’s gas tank, and the vehicle burst into flames with three female passengers still inside.  All of  the victims, ranging in ages from 47 to 62, were pronounced dead at the scene of this horrific tragedy.

See the Fox news story HERE.

The precise cause or causes of this very sad accident will likely be determined by a detailed accident investigation and reconstruction.  Given the time of the accident, it will be important to determine whether the pickup truck had lights operating at the time and whether the Wal-Mart driver was using his headlights.  Skid marks and witness statements will likely aid in determining the speed of the two vehicles just before the collision. 

Another issue that comes to mind in an early morning collision like this is driver fatigue.  According to the U.S. National Highway Traffic Safety Administration (NHTSA), drowsy driving is a serious problem that leads to thousands of automobile crashes each year.  A typical crash related to sleepiness has the following characteristics:

The accident above appears to have a number of these characteristics: the accident was serious, the Wal-Mart driver was alone and the crash occurred on a high speed road.  A detailed, forensic investigation will likely reveal whether this horrific accident was caused by driver fatigue.

Compensation for the victims of truck accidents caused by a driver’s negligence and/or driver fatigue, should be an important concern for all Californians.  When a careless driver negligently or recklessly causes a traffic accident and death results, the driver should be held accountable.  An Orange County wrongful death attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury cases, including those involving fatigued, negligent drivers.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in an automobile accident involving a fatigued or negligent driver?
 

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

A Nevada trucking company vehicle reportedly crashed through crossing gates and into an Amtrak train on Friday, June 24th.  According to news reports, the the train was en route from Chicago to Emeryville, California when the accident occurred in Churchill County, Nevada.  The train was apparently carrying approximately 200 passengers Friday morning when the big rig plowed into one of its cars, killing the driver and five people on the train, as well as injuring about one hundred others.  A driver working for John Davis Trucking Co. of Battle Mountain was at the wheel of the tractor-trailer combination when the accident occurred.

See the Associate Press/MSNBC report HERE.

According to the news reports, the train was traveling at about 78 miles pert hour when the accident happened.  While it may take weeks, if not months, to determine the crash, initial news reports suggest the crossing gates and signals were operating correctly at the time of the collision.  Since the accident occurred at about 11:25 a.m. and visibility was described as clear, it is easy to imagine that driver inattention or fatigue could have caused this accident.  However, it is also possible the driver had some sort of medical condition that prevented him from reacting to the gates and presence of the train in time to avoid the accident.  Obviously, the faster the big rig was traveling the less time the driver would have had to perceive and react to the situation ahead of him.  There was a report that 320 feet of skids were left by the truck at the scene, but it was not clear if those were skids leading up to the point of impact or those from the big rig being dragged some distance by the speeding train.  In any event, it does not appear the Amtrak train would have had sufficient opportunity to avoid this collision, given its speed and the reported conduct of the truck driver.

Compensation for victims of truck driving accidents, caused by a driver’s negligence, should be an important concern for all Californians.  When a driver operates their vehicle carelessly and strikes a another vehicle, especially one carrying a large number of passengers, they should be held accountable.  An Orange County trial lawyer with experience at handling truck accident cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a truck accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

In a recent appellate decision from the California First District Court of Appeals, the court held that an employer could be held liable for retaliatory action taken by co-workers and not the company itself.   In deciding the issue in favor of the alleged victim, the appellate court agreed that an employer may be found to have engaged in an adverse employment action, and thus liable for retaliation, by permitting fellow employees to punish him or her for invoking their rights.  In other words, the court held that an employer may be held liable for coworker retaliatory conduct if the employer knew or should have known of coworker retaliatory conduct and either participated and encouraged the conduct, or failed to take reasonable actions to end the retaliatory conduct. (Kelley v. The Conco Cos. ( 2011) Cal. App. LEXIS 690)

In general, under the law in California, it is an unlawful employment practice for an employer to discharge, expel, or otherwise discriminate against any person because the person has opposed any practices forbidden under the sexual harassment statute, Government Code Section 12940.  Typically, in order to establish a case of retaliation under the Fair Employment and Housing Act (FEHA), a plaintiff must show (1) he or she engaged in a protected activity, (2) the employer subjected the employee to an adverse employment action, and (3) a causal link existed between the protected activity and the employer’s action.  Once an employee establishes this, the employer is required to offer a legitimate, nonretaliatory reason for the adverse employment action.  If the employer produces evidence of a legitimate reason for the adverse employment action, the presumption of retaliation ‘“‘drops out of the picture,’”’ and the burden shifts back to the employee to prove intentional retaliation.  The ruling above focuses on the second prong, the adverse employment action, and it allows the plaintiff to establish the case if the employer was or should have been aware of retaliatory conduct and participated, encouraged or failed failed to stop it.

Compensation for victims of sexual harassment and discrimination should be an important concern for all Californians.  When someone complains of sexual harassment and other employees retaliate, the employer should be held liable if they knew or should have known this was occurring and failed to take remedial action.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury and sexual harassment cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual harassment or discrimination?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

A 75 year-old woman, Emako Mendoza, was reportedly attacked by her neighbor’s pit bulls on Saturday while outside getting her morning newspaper.   According to an ABC news report, Mendoza was taken to Scripps Mercy Hospital in serious condition following the attack.  She apparently suffered injuries to her body, arms and legs.  According to the report, the pit bulls, which belonged to a neighbor, got into the victim’s yard through a hole in the fence.   Mendoza’s husband, James Mendoza, said his wife may lose her leg and may lose an arm.  The dogs have been euthanized.

See the ABC story and photo HERE.

Once again, a pit bull attack takes center stage in the news.  Unfortunately, when such a dog bites someone the injuries are often devastating, especially when compared to other dog attacks.  This breed of dog is known for latching on to its victim and not letting go until flesh and underlying tissue are badly torn.  In the case above, that is apparently what happened, and it remains to be seen whether Mendoza’s limbs can be saved.   Presumably, every effort will be made to save her from an amputation, and doctors may have to perform multiple procedures in order to maintain the viability of the victim’s arm and leg.  No one, especially not an elderly woman simply picking up her morning paper, should have to suffer such a life-altering tragedy through no fault of her own.  The owners of these pit bulls, absent extraordinary circumstances, will likely be held liable for the injuries and damages caused by their animals.

Compensation for the victims of vicious dog attacks should be an important concern for all Californians.  When a victim is attacked and seriously injured, the dog’s owner should be held accountable for all of the injuries and damages sustained.  An Orange County personal injury attorney with experience at handling such dog bite cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling injury cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a dog attack?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

A hit-and-run accident early this morning left a 68 year-old woman with broken legs and in critical condition.   KTLA news has reported that police are searching for the driver of one vehicle who fled the scene on foot.  The accident occurred about 1 a.m. in the 12300 block of Riverside Drive between Whitsett and Laurelgrove Avenues in Los Angeles.  The force of the impact was so great it sent the cars airborne during the crash, before landing in the middle of the roadway.  The victim, who had to be cut out of her Honda Accord, was taken to Cedars Sinai Medical Center for the leg and perhaps neck and spine injuries.  The suspected hit-and-run driver left behind his Ford Fusion, apparently containing identifying information.

See the full KTLA news story HERE.

The hit-and-run driver involved in this collision will likely be apprehended and prosecuted, given the content of the news report.  The Fusion was not reported stolen, and apparently information left behind within the vehicle has given the police with sufficient evidence to identify the driver.  In addition, his flight from the scene is at least some indication of “consciousness of guilt” as far as causing this accident.  An reconstruction of the collision will likely be done, and that should lead to reasonable estimates of speed, direction and point of impact, allowing law enforcement to assign fault.  Of course, the standard of proof the prosecution will have to meet in any criminal case will be different than that in a civil case brought by the victim.  In a personal injury lawsuit, the woman injured would only have to prove that it was more likely than not the hit-and-run driver’s fault, as opposed to having to prove her case beyond a reasonable doubt.

Compensation for the victims of  hit and run accidents should be an important concern for all Californians.  When a driver negligently or intentionally causes a serious injury accident and then flees the scene, they should be held criminally and civilly accountable.  An Orange County personal injury lawyer with experience at handling such cases can make a fair assessment of these claims.  The first step in recovering compensation for the victim is to seek appropriate representation.  Mr. Ralph has 20 years years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a hit-and-run automobile accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

A suspected drunk driver ran into a large group of cyclists this morning, injuring eleven, two critically.  KTLA news reported the early morning accident happened just before 2 a.m. near Culver City, along Jefferson Boulevard at Hetzler Road in Baldwin Village.  The suspect, identified as 27-year old Christine Dahab, reportedly drove into a large group of cyclists, after revving her engine and jumping a curb.  The group of riders, numbering approximately seventy to one hundred, are believed to be part of Midnight Ridazz, who generally ride in a large group every Wednesday night.

See the full KTLA news story and video HERE.

If the issue of intoxication were not enough, there were also witness reports that Dahab may have been using a cell phone at the time of the accident.  This horrible accident is a stark reminder of what carnage a careless or intoxicated driver can do behind the wheel of a two-ton vehicle.  Bicyclists have just as much right to utilize public roadways as the operator of a motor vehicle.  Unfortunately, when a driver acts recklessly behind the wheel of a car the consequences for a cyclist can be devastating.  Had Dahab run her vehicle into another car, the consequences would likely have been much less devastating.

The cause of this particular accident is likely still under investigation, and it remains to be seen what issues of visibility, if any, may play a role in assessing overall responsibility for the accident.  Under the law in California, when a cyclists rides on the street at night, they must have the following equipment:

(1) A lamp emitting a white light that, while the bicycle is in motion, illuminates the highway, sidewalk, or bikeway in front of the bicyclist and is visible from a distance of 300 feet in front and from the sides of the bicycle.
(2) A red reflector on the rear that shall be visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.
(3) A white or yellow reflector on each pedal, shoe, or ankle visible from the front and rear of the bicycle from a distance of 200 feet.
(4) A white or yellow reflector on each side forward of the center of the bicycle, and a white or red reflector on each side to the rear of the center of the bicycle, except that bicycles that are equipped with reflectorized tires on the front and the rear need not be equipped with these side reflectors.

Conceivably, whether the cyclists involved in this accident complied with the law above could be raised as a defense by Dahab.  If she proves to have been grossly intoxicated at the time of the accident, such a defense may not be very compelling.

Compensation for the victims of motor vehicle versus bicycle accidents should be an important concern for all Californians.  When a driver negligently or recklessly operates their vehicle, they should be held accountable for the injuries, damages and devastation they leave behind.  An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family been injured in a bicycle accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

An arrest has been made after one man was killed in a dispute outside the Albatros Mexican restaurant in Lake Forest on June 11th.  The victim,  26-year-old Elvis Kechechian of Mission Viejo, was fatally stabbed outside the restaurant after an altercation began inside.  A second victim was taken to the hospital in critical condition.  KTLA news reported the suspect, Justin Tombleson, has been taken into custody and charged with the murder.  Tombleson appears to have a history of violent crime, going back to 2003, at least according to a search of the Orange County Superior Court website.

See the KTLA story HERE.

Aside from Tombleson’s potential liability for the stabbings, the Albatros restaurant may also have exposure to a civil lawsuit for wrongful death, and for the injuries sustained by the critically injured victim.  Depending on what went on inside the restaurant before the violent altercation outside, the owner of the Albatros could be liable for having been negligent in failing to protect to the two victims.  This liability, if any, will depend on the nature of the altercation inside, the length of time over which it took place and the steps taken, if any, by employees of the Albatros to prevent the death and serious injuries that eventually did occur.

Compensation for the victims of violent crimes that occur on a business owner’s property should be an important concern for all Californians.  When a proprietor invites guests onto their property they should be held accountable if they fail to provide a reasonably safe environment, especially when they can prevent or effectively intervene in a criminal assault.  An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and wrongful death cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

• Have you or a family member been a victim of a violent crime that occurred at a business establishment?Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

A man reportedly was stuck inside a car that had been involved in a two-car, Orange County collision, in the City of Aliso Viejo.  According to a story in the Orange County Register, one of the vehicles struck a pole, which then apparently fell on top of the car.  The collision was reported at 6:26 p.m. on June 10th at the intersection of Aliso Creek Road and Pacific Park Drive.  It was one of several car accidents reported at that intersection during the past week.

See the Register story HERE.

Aliso Creek Road, in Aliso Viejo, has been the location of a number of serious automobile accidents in the past.  By way of example, going back more than 16 years, a horribly tragic auto accident occurred on Aliso Creek Road, just south of its intersection with Windsong.  That two-car collision claimed the lives of 3 teenagers, ages 14, 15 and 16.  The 16 year-old driver lost control of his Ford Mustang in a curve, causing it to slide into opposing traffic lanes where it was struck by an oncoming Camaro.  All three occupants of the Mustang (the male driver and two female passengers) were killed instantly, in one of the most heart wrenching accidents in South Orange County history.  Neither drugs nor alcohol were involved in the happening of that accident.  See the related LA Times article HERE.

Compensation for the victims of automobile accidents caused by a driver’s negligence and/or a dangerous roadway, should be an important concern for all Californians.  When a careless driver negligently or recklessly causes a traffic accident and serious injuries or death result, the driver should be held accountable.  Where a dangerous roadway causes or contributes to the occurrence of an accident, the public entity should be held  liable as well.  An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury cases, including those involving dangerous roadways.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in an automobile accident involving a careless driver or a dangerous roadway?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

A pedestrian was struck and killed this morning in Hollywood, near the busy Hollywood and Highland intersection.  A taxi traveling north on Highland Avenue at about 4:45 a.m. struck a man who was crossing the street north of Hollywood Boulevard, according to the Los Angeles Times and CBS News.  The victim, a man approximately in his 30s to 40s, died at the scene, according to official sources.

See the LA Times story HERE and the CBS news report (with video) HERE.

The news stories above reported that it was dark outside at the time of the accident, and it is unknown what role, if any, lighting played in the happening of this tragic collision.  The intersection of Highland and Hollywood Boulevard was also described as “busy”, and it is not yet known if traffic conditions contributed to the occurrence of the accident.  In all likelihood, the investigation into the tragedy will include a sight-distance analysis as well as a human factors evaluation.  If the pedestrian could be seen in the road for longer than two seconds prior to the impact, then the driver’s attention will be called into question, particularly if his speed was relatively slow.  For example, the amount of time it takes the average driver to perceive and react to a danger is about 1.5 seconds.  Consequently, if a pedestrian is visible in the roadway ahead of a driver for 2 seconds or more then the driver should have time to take evasive action and avoid a collision.

Compensation for pedestrian victims of automobile accidents, caused by a driver’s negligence, should be an important concern for all Californians.  When a driver’s inattention causes him to strike a pedestrian, they should be held accountable.  An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling auto accident and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in a pedestrian versus motor vehicle accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

At about 2:00 a.m. yesterday, a dispute broke out inside the Albatros Mexican Restaurant located on Rockfield in Lake Forest, resulting in the fatal stabbing of a patron.  According to a report by KTLA news, Elvis Kechechian, 26, of Mission Viejo tragically died from his wounds inflicted after the argument got physical outside the restaurant. Another victim was rushed to a local hospital in critical condition.   Kechechian had been coaching ice hockey at Santa Margarita Catholic High School since 2010, according to school officials.  He was described and will be remembered as “compassionate, dedicated, sweet and soft-spoken, Elvis was proud to be part of Santa Margarita’s ice hockey program and enjoyed celebrating the successes of the players and team,” the school’s statement said.

See the KTLA story HERE.

It is currently unknown what exactly transpired inside the Albatros restaurant, but apparently the argument must have been intense as it ultimately resulted an extremely violent altercation just outside.  The attacker, or attackers, would obviously be liable both civilly and criminally for the death and critical injuries inflicted, and at least potentially the restaurant owner/operator could be exposed to civil liability for the damages resulting from this violent altercation.  Under California law, a business proprietor owes a duty to their patrons to take reasonable steps to secure common areas against foreseeable criminal acts of third parties that are likely to occur in the absence of such precautionary measures.  If the place or character of the business, or the proprietor’s past experience, is such that they should reasonably anticipate criminal conduct on the part of third persons, either generally or at some particular time, the business operator may be under a duty to take precautions against it, and to provide a reasonably sufficient number of  employees to afford reasonable protection.  In other words, if a business operator is aware a criminal assault is likely to occur or is occurring on their property they must take reasonable steps to prevent harm to their patrons.  This duty may obligate the business to provide security officers or, at a minimum, notify the police when necessary.  A failure to fulfill this duty is negligence for which the business owner may be held liable.

Compensation for the victims of violent crimes that occur on a business owner’s property should be an important concern for all Californians.  When a proprietor invites guests onto their property they should be held accountable if they fail to provide a reasonably safe environment, especially when they can prevent or effectively intervene in a criminal assault.  An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and wrongful death cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a violent crime that occurred at a business establishment?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

A 33 year-old woman from Chula Vista,  Cheronna Marie Williams,  who underwent a stomach-banding surgery in Tijuana died during the procedure on May 26th.  The San Diego Union Tribune reported that Williams’s family has filed a complaint with the Baja California Attorney General’s Office against Dr. Pedro Kuri, a Tijuana physician with years of experience in Lap-Band surgery who operates at a reputable private hospital.  The Attorney General’s office has launched an investigation into the matter.

See the Tribune story HERE.

The lap band procedure involves the placement of an inflatable device around the top portion of the stomach, via a laparoscope.  Small holes are placed in the patient’s abdomen and through those holes a camera and instruments are passed in order to place the band.  This type of bariatric procedure is used to treat patients with obesity and other, related conditions such as diabetes and hypertension.   This surgery is generally utilized only after less invasive methods of weight loss, such as diet and exercise, have failed.  Unfortunately, some physicians performing the lap band do not always provide the best surgical care, either during the procedure or following its completion.  For example, patients can die from intra-operative complications related to anesthesia, blood loss or post-operative infection.  Before undergoing this procedure, patients should ensure their doctor is well-qualified and the facility at which the surgery is done is well-equipped to handle most medical emergencies.

Compensation for victims of medical malpractice, resulting in serious personal injury or death, should be an important concern for all Californians.  When a physician fails to comply with the standard of care required during or after an invasive procedure, they should be held accountable.  An Orange County medical malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling medical negligence and other personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of medical malpractice occurring during bariatric surgery?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The second of two San Bernardino County deputy sheriffs has been arrested on suspicion of having sex with an underage female Explorer.  According to an article today in the Press Enterprise, the second deputy, Anthony James Benjamin of Beaumont, will be prosecuted on felony criminal charges according to the San Bernardino County District Attorney’s office.  Prosecutors today filed two counts of oral copulation with a person under the age of 18 against the 30-year-old deputy, who is scheduled to be arraigned July 6th in Victorville where he was assigned.  The victim is now 18, but was 17 when the alleged crimes were committed beginning last July, according to the charges.  Deputy Nathan James Gastineau, of Redlands, the other deputy involved, was arrested April 22nd for investigation of committing a lewd act with a 16-year-old girl.

See the Press Enterprise story HERE.

As stated in the first blog in April, the case above has marked similarities to a lawsuit handled by attorney Paul W. Ralph in 2002.  In that case, Doe vs. City of Murrieta  (2002) 102 Cal. App. 4th 899 , two female Explorer Scouts were sexually victimized by a police officer, while on and off duty.  In the Doe case, the City of Murrieta successfully brought before the court a motion for summary judgment, disposing of the case in the City’s favor.  However, Mr. Ralph’s arguments on appeal carried the day, and the trial court’s decision was reversed.  That appellate decision became the law in California.  In the case above, assuming the victimization occurred, the County of San Bernardino would have to prove they were in no way negligent in the supervision of the Explorer Program in order to avoid civil liability to the minor victims.  As for their potential liability, if there was any meaningful indication the sexual misconduct was about to occur or was occurring, and the County failed to take remedial action, they could could be held liable.  In the Doe case the two young girls often went on ride alongs with the officer, called the station frequently and employees at the Murrieta police station thought the girls appear infatuated with the officer.

Compensation for the minor victims of sexual abuse and harassment should be an important concern for all Californians.  When someone in a position of authority, such as a police officer, takes advantage of a child in their charge, those responsible for allowing this to occur should be held accountable.  An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and sexual abuse cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of sexual abuse?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The driver who is the focus of the investigation into the Newport Beach crash in January that left three people dead had antipsychotic drugs in her system, toxicology tests have found.  According to an article in the Orange County Register today, Julie Allen, 27, was behind the wheel of  her car at a high rate of speed with the drugs Olanzapine (marketed as Zyprexa) and Quetiapine (marketed as Seroquel) in her blood when the accident occurred.  Both drugs are typically used to treat bipolar disorder and other mental problems and can cause drowsiness, according to the National Institutes of Health.  The toxicology results also revealed “critical low” levels of sodium and glucose in Allen’s system.  Additionally, there were unusually high levels of the thyroid-stimulating hormone (TSH) which may indicate an under active thyroid gland, something that can cause fatigue and difficulty concentrating or thinking.

See the full Register story HERE.

It is presently unknown which, if any, of these medications or medical conditions caused or contributed to the happening of the accident.  Because Allen was killed, the answer may never be known.  However, what is known is that Allen’s vehicle was traveling very fast when it apparently went out of control and set off a tragic chain of collisions.  The other two victims who perished in this terrible accident were not to blame, nor were any of those injured in the crash.  In any civil case arising from this tragedy , it would have to be shown by a preponderance of the evidence that Allen was negligent in causing or contributing to the happening of the accident.  Given her speed and the fact that her vehicle crossed over the median, it would seem a logical inference Allen was at least careless in the operation of her car.  A more detailed toxicologic evaluation would likely have to be done to determine whether medication or a medical condition played some role.  At this point, any such conclusion would appear to be speculation.

Compensation for the victims of automobile accidents caused by a driver’s negligence, should be an important concern for all Californians.  When an impaired driver negligently or recklessly causes a traffic accident and serious injuries or death result, the driver should be held accountable.  An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury cases, including those for wrongful death.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in an automobile accident involving an impaired driver?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

At about 1:40 a.m. this morning, a man walking on an unlit roadway near Santa Clarita was fatally struck by a motor vehicle.  According to a news report in the Los Angeles Times, the accident occurred on Bouquet Canyon Road near Shadow Valley Lane, when the pedestrian was hit by a southbound 1989 Mercedes Benz traveling about 50 mph.  Citing official sources, the Times reported that the 24 year-old man, whose identity was not yet released, was pronounced dead at the scene of this tragic accident.  A witness described the victim as having been walking south on the road before the collision.  He was apparently wearing dark clothing and there are no street lights in the area when he was struck by the vehicle, being driven by a Saugus man.  The accident is still under investigation, and no citation was issued to the driver.

See the Times story HERE.

From a view of the area of the accident (via Google maps), it appears the collision took place near a mobile home park on a fairly winding part of Bouquet Canyon.  The posted speed limit looks to be 40 miles per hour and the roadway is relatively flat, with no apparent visual obstructions.  Additionally, it looks like there is ample room on the shoulder of the roadway for a pedestrian to safely walk.  It is unknown where the actual impact occurred or why the driver was apparently traveling 10 miles per hour over the posted speed limit.  Responsibility for the accident will likely hinge on a detailed reconstruction, lighting (both headlights and ambient lighting), speed, and perception-reaction time, as well as other principles of a human factors analysis.

Compensation for pedestrian victims of automobile accidents, caused by a driver’s negligence, should be an important concern for all Californians.  When a driver operates their vehicle negligently and strikes a pedestrian, they should be held accountable.  An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in a pedestrian versus motor vehicle accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

Anaheim Regional Medical Center has been fined $50,000 for performing kidney surgery on the wrong side of a patient in July 2009.  The Orange County Register reported the fine resulted from a patient undergoing a kidney stenting procedure (to treat a kidney stone) on the left side when the procedure should have been done on the right.  Reportedly, the patient’s doctor inadvertently identified the left side as problematic when in fact a prior CT scan showed the stone was actually on the right.  Three days after the first surgery, the error was discovered, and the stenting was performed on the correct kidney.

See the full Register story HERE.

In spite of checks and balances in place, hospital errors still occur with alarming frequency.  In the case above, apparently all it took was one error by the attending physician, and the patient ended up undergoing one entirely unnecessary surgical procedure.  Because the nursing staff failed to perform all of the necessary pre-operative work, the mistake was not discovered prior to the wrong surgery being done.  As a consequence, the patient suffered from the effects of an unnecessary, invasive procedure, prolonged pain and additional scarring.

Compensation for victims of medical malpractice, resulting in serious personal injury or death, should be an important concern for all Californians.  When a physician or nurse fails to comply with the standard of care required, they should be held accountable.  An Orange County medical malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling medical negligence and other personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of medical malpractice?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

A 7 year-old girl, Shay Sisson, was attacked and her face mauled by a neighbor’s pitbull in Simi Valley.  According to KTLA News, the attack occurred on April 25th and after weeks of recovery, Shay’s scars are still healing and her medical bills are piling up.  The Sisson family has indicated some of the surgeries that Shay will need in the future are not covered by insurance because they are considered “cosmetic” in nature.  Those interested in helping this little girl and her family can email Brandi Hitt at: Brandi.hitt@ktla.com.

See the KTLA story, photographs and video HERE.

The owners of the pitbull that attacked Shay, absent extraordinary circumstances, are liable for all of the injuries and damages occasioned by the attack.  This includes the cost of future surgery as well as the pain, discomfort and scarring associated with any subsequent procedures.  Any civil claim brought on behalf of Shay, presumably by an adult family member, can only be resolved with the court’s approval, to ensure any such settlement was in the best interests of the child.  However, injuries like those depicted in the KTLA photographs carry a substantial value, and it is unknown whether the neighbor’s homeowner’s insurance would be sufficient to fully compensate Shay for all that she has gone through and will need in the way of further medical care.

Compensation for the victims of serious dog bites should be an important concern for all Californians.  When a victim is attacked and badly injured, the dog’s owner should be held accountable for all of the injuries and damages sustained.  An Orange County personal injury attorney with experience at handling such dog bite cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling injury cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a dog attack?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

Just last week, ABC news reported that Consumer Reports released important information about the claims of health benefits by toning shoe manufacturers.  The television commercials for a variety of toning shoes make it look so easy to get in shape.  However, as more of these shoes are purchased, Consumer Reports medical adviser Dr. Orly Avitzur is hearing more frequently about injuries.  According to the doctor and as reported by ABC news, ”An independent study by the American Council on Exercise found no significant difference between exercising in toning sneakers as compared to regular sneakers.”  Beyond what appears to be inflated claims of health benefits, Consumer Reports Health says if you have any balance or medical problems in your legs and feet, avoid toning shoes.

See the ABC news story HERE and the Consumer Reports article HERE.

According to toning shoe manufacturers, in particular Skechers, these shoes are intended to strengthen muscles, promote weight loss and improve posture.  What the shoe manufacturers and retailers don’t tell consumers is that these shoes are designed to be unstable.  People with weak hips, knees and ankles (especially the elderly) are not warned of the potential for falls or other injuries.  To the contrary, toning shoe manufacturers make no distinction between healthy, active members of the general public and those who are at a heightened risk of injury when wearing toning shoes.  Even after a wealth of information regarding the risks of toning shoes has become available to the manufacturers, companies like Skechers have refused to place warnings on their Shape-ip toning shoes.  The Law Offices of Paul W. Ralph is currently litigating an Orange County lawsuit against Skechers for just this reason.

Compensation for the victims of dangerously defective products, including toning shoes like Skechers Shape-ups, should be an important concern for all Californians.  When an unsafe product, such as a pair of toning shoes, causes severe injuries or death, the manufacturer should be held accountable for the injuries and damages they leave behind.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and product liability cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been injured by toning shoes?

• This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The Orange County Register has reported a very serious automobile accident happened at 1:15 a.m. Sunday when a Mercedes and a Toyota pickup collided at an Irvine intersection.  Reportedly, a 14 year-old passenger in the Mercedes, Ashton Sweet, was one of five injured after the Mercedes-Benz in which she was riding was struck in the early-morning collision.  Three others, including the car’s driver, identified as Mike Ghaemi, were treated at the hospital and released.  Krista Merassa, 15, remains in critical condition according to friends, and Sweet has been described as being brain dead, but on life support until her organs can be donated.  The four girls were apparently on their way home from celebrating the birthday of one of the girls.  The driver of the Toyota, Austin Farley, 26, was arrested on suspicion of drunken driving and was taken to the Orange County Jail.  He is being held in lieu of $100,000 bail, and neither Farley nor his passenger was injured in the collision.

See the Register story and photographs HERE.

While the precise cause of the accident has yet to be determined, a finding that Farley was at fault could result in criminal charges against him for vehicular manslaughter or perhaps even murder. California law provides that aggravated drunk driving can increase a defendant’s liability for a vehicular homicide to a second-degree murder.  In general, California has followed the rule in vehicular homicide cases that when the conduct in question can be characterized as a wanton disregard for life, and the facts demonstrate a subjective awareness of the risk created, malice may be implied.  In those circumstances, a murder charge may be brought.  This so-called implied malice second degree murder is committed  when a person does an act, the natural consequences of which are dangerous to life, which act was deliberately performed by a person who knows that his conduct endangers the life of another and who acts with conscious disregard for life.  Assuming that Farley ran a red light and/or was speeding, he could very well face a second degree murder charge,  Orange County Superior Court records show he has a history of arrests related to his operation of a motor vehicle.

Beyond the criminal charges, Farley could also face a number of lawsuits for personal injury and perhaps wrongful death.  If he was indeed negligent or reckless in causing this horrific accident, Farley would be civilly liable for the injuries and damages that resulted from his conduct.  In the context of a civil case, the plaintiff’s burden is reduced, and the standard to be met is the preponderance of the evidence, as opposed to proof beyond a reasonable doubt.

Compensation for the victims of drunk driving accidents, should be an important concern for all Californians.  When an intoxicated driver negligently or recklessly causes a traffic accident and serious injuries or death result, the driver should be held accountable.  An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury cases, including those for wrongful death.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in an automobile accident involving a drunk driver?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

KTLA news has reported the family of Bryan Stow has filed a lawsuit against the Dodgers organization earlier this week.  The lawsuit alleges that security cutbacks and antiquated facilities at Dodger Stadium contributed to the severity of the injuries Bryan Stow sustained in the attack.  The complaint filed with the court sets forth claims for negligence, premises liability, negligent hiring and intentional infliction of emotional distress.  Since the attack on Stow on March 31st, security has been tightened at Dodger Stadium, and LAPD stepped up its presence at the game, with officers on foot, horseback, bikes and Segways.

See the KTLA news story HERE.

In the civil case filed o n behalf of Bryan Stow, it must be shown by the plaintiff that the Dodgers organization was negligent, not just that the incident took place on Dodger Stadium property.  Evidence relevant to the negligence claim would likely include the history of violent criminal acts on the property, the training and qualifications of the security staff and the security policies and procedures implemented by the Dodgers.  In general, business proprietors (such as the Dodgers) owe a duty to their patrons to maintain their premises in a reasonably safe condition, and this duty includes an obligation to undertake reasonable steps to secure common areas against foreseeable criminal acts of third parties that are likely to occur in the absence of such precautionary measures.  Additionally, even if you assume the amount of security provided to be adequate in a particular situation, then the question becomes whether the security employees acted reasonably under the circumstances.  In the Stow case, the discovery conducted by the parties (the process through which the parties to a lawsuit formally exchange information and evidence) will enable both sides to determine whether the claims are meritorious and if the case should be resolved without the need for a jury trial.

Compensation for the victims of violent crimes that occur on a business owner’s property should be an important concern for all Californians.  When a business proprietor invites guests onto their property they should be held accountable if they fail to provide a reasonably safe environment, especially when they can prevent or effectively intervene in a criminal assault.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and premises liability cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a violent crime that occurred at a business establishment?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

KTLA news has reported a police cruiser, believed to be on its way to a shooting in Inglewood, was involved in a deadly crash early Tuesday.  At about 1:00 a.m. this morning, the Inglewood police vehicle was involved in a collision with a Range Rover at Prairie Avenue and Manchester Boulevard, near the Forum.  According to the report, an unidentified female passenger in the Range Rover was killed in the accident, and two officers were injured.  It is not yet known who was at fault for this tragic automobile accident.

See the KTLA news story HERE.

As for the operation of the Inglewood Police unit, under California law the police are not permitted to drive with impunity from the moment they activate their sirens and flashing lights. Even though the Vehicle Code sets out certain protections for law enforcement officers in the performance of their duties, the law does not relieve the driver of a police vehicle from the duty to drive with due regard for the safety of all persons using the highway.  A police officer operating his vehicle in the line of duty must drive in such a manner as would not impose upon others an unreasonable risk of harm.   Generally speaking, the question is whether the officer acted as a reasonable, prudent emergency driver under all of the circumstances, including that of the emergency.  In the case above, it remains to be seen what caused the tragic accident that took the female passenger’s life, but an analysis of responsibility must take into account the law above.

Compensation for the victims of emergency vehicle accidents, caused by the operator’s negligence, should be an important concern for all Californians.  When a police officer or other public employee negligently causes a traffic accident and serious injuries or death result, the public entity should be held accountable.  An Orange County auto accident attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury cases, including those for wrongful death.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in an automobile accident involving a public employee?

•  Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The Los Angeles Times reported this morning that one of the suspects in the brutal beating of Giants fan Bryan Stow was taken into custody early this morning.  Citing official sources, the Times reported that at about 7 a.m. the Los Angeles Police Department SWAT team descended on an East Hollywood apartment building with a warrant in hand.  According to apartment building manager Maritza Camacho, police, using loudspeakers and with guns drawn, called out to the occupants of Apartment 25.  Arrested inside the apartment was one of the men police suspect in the March 31 beating at Dodger Stadium that left Stow with brain damage.  He remains to this day in critical condition.

See the Los Angeles Times story HERE.

Following the attack on Stow, Dodger Stadium reportedly beefed up security at the stadium to deal with fights that had been breaking out at games in recent years.  In general, a possessor of land who holds it open to the public for business purposes is subject to liability to members of the public for physical harm caused by the accidental, negligent, or intentionally harmful acts of third persons and by the failure of the possessor to exercise reasonable care to  discover that such acts are being done or are likely to be done, or give a warning adequate to enable the visitors to avoid the harm, or otherwise to protect them against it.  Here, Dodger Stadium would be liable if they acted unreasonably in failing to prevent the attack on Stow.  Should such a claim be brought by or on behalf of Stow, a civil jury could be called upon to apportion responsibility between the assailants and Dodger Stadium.  The question might be posed this way:  But for the neglect of Dodger Stadium, would the attack on Stow have occurred?

Compensation for the victims of violent crimes that occur on a business owner’s property should be an important concern for all Californians.  When a business proprietor invites guests onto their property they should be held accountable if they fail to provide a reasonably safe environment, especially when they can prevent or effectively intervene in a criminal assault.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and premises liability cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a violent crime that occurred at a business establishment?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

KTLA news has released a graphic video of an automobile accident involving an SUV and two pedestrians, one of them a small child in a stroller.  The accident reportedly happened in Scottsdale, AZ.  The video shows a woman pushing the stroller through a crosswalk in what appears to be a busy intersection.  As the woman passes a large camper waiting at the limit line, a dark colored SUV proceeds through the crosswalk and runs over the stroller with the toddler in it.  The stroller and little girl are dragged for a number of feet under the vehicle.  In spite of the horrific nature of the accident, the toddler received only scrapes as a result of the impact.  The SUV driver was at first cited by the police, but further review of the videotape revealed his view of the woman and her child was blocked by the camper on his left.

Watch the shocking video HERE.

What this video demonstrates is just how two parties can be involved in a pedestrian versus automobile accident and share the responsibility.  The woman pushing the stroller was running across the street when it should have been apparent cross-traffic had begun to move through intersection.  In fact, in the video it appears at least two vehicles traveled through the crosswalk before the woman ran in front of the oncoming SUV.  From the angle of the video footage, it does not appear the woman slowed or looked to her right before pushing her child in front of the vehicle.  As for the SUV driver, he entered the intersection through the crosswalk without waiting to see why the camper to his left remained stopped.  Furthermore, it appears the woman and the stroller could be seen by the driver for some time prior to the actual impact, and it is puzzling why the SUV operator did not stop in time to avoid the collision.  The SUV continues for a number of feet beyond the point of impact, and this may demonstrate inattention on the part of the driver.

Compensation for pedestrian victims of automobile accidents, caused by a driver’s negligence, should be an important concern for all Californians.  When a driver operates their vehicle carelessly and strikes a pedestrian, they should be held accountable.  An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a pedestrian versus motor vehicle accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The Press Enterprise has reported that an SUV crashed broadside into a car last night at an Ontario intersection, killing a backseat passenger.  Citing official sources, the Enterprise identified the victim as 60 year-old Jose Cortez of Ontario.  The collision reportedly occurred at the intersection of Euclid and Philadelphia Streets at approximately 9:00 p.m.

Citing coroner’s deputies, the Enterprise article described witnesses as having said the driver of a black 1999 Dodge Durango was traveling southbound on Euclid Street to eastbound Philadelphia Street at a high rate of speed and lost control.  The driver of a silver 1996 Honda sedan was westbound on Philadelphia Street when it was struck broadside by the Durango.  According to the article, Ontario police are investigating the case.

See the Enterprise article HERE.

From Google maps, the configuration of the intersection of Euclid and Philadelphia in Ontario is fairly unusual.  There are a large number of travel lanes and completely separated turning lanes on Euclid for north and south traffic.  Those turning lanes appear to be somewhat obscured by bushes and trees, and the configuration as a whole could lead to driver confusion, although it is not known what caused the driver of the Durango to veer out of control.  Assuming the witness statements are correct and the Durango was traveling at a high rate of speed, this could have contributed to a loss of control, especially if the driver was also confused by the intersection itself.

Compensation for the victims of tragic automobile accidents like the one above should be an important concern for all Californians.  When a driver causes an injury or fatal accident, they should be held accountable.  While no amount of money can fairly compensate the family for this devastating loss, monetary compensation is what the civil justice system can offer.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you lost a loved one in an automobile accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

According to an article in the Orange County Register today, an Anaheim man critically injured when an on-duty Los Angeles County sheriff’s detective who had been drinking slammed into his car will receive $4.75 million in settlement of his claim.  The 33 year-old victim, Elias Aldana, has incurred  more than $2.1 million in medical expenses after suffering a traumatic brain injury and severe internal injuries in the June 29, 2008, collision.  A 20 year-old passenger in Aldana’s vehicle, Savanah Kirifi, suffered minor injuries and will receive part of the settlement.

See the Orange County Register story HERE.

Government employees are liable for their tortious conduct just as a private person would be, and through Government Code § 815.2, the California Tort Claims Act expressly makes the doctrine of respondeat superior applicable to public employers.  A public entity (such as the County of Los Angeles here), as the employer, is generally liable for the torts of an employee committed within the scope of employment if the employee is liable. Under § 820(a), except as otherwise provided by statute, a public employee is liable for injury caused by his act or omission to the same extent as a private person.  Notwithstanding certain provisions of the California Vehicle Code, a public entity is liable for injuries proximately caused by negligent acts or omissions in the operation of any motor vehicle by an employee of the public entity, acting within the scope of his or her employment.

Compensation for the victims of automobile accidents caused by public employees acting in the scope of their employment, should be an important concern for all Californians.  When a government driver causes an injury or fatal accident, they and their employer should be held accountable.  An Orange County injury lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in an automobile accident caused by a careless public employee?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

Toning shoe manufacturers are currently under fire because of safety concerns.  For example, claims and lawsuits have been filed around the country alleging the Skechers Shape-ups are dangerous and are not the product claimed.  Shape-Ups are marketed to consumers as being able to promote weight loss, tone muscles and improve posture, but a hefty number of consumers are claiming they were actually injured (some very badly) by these shoes. 

In spite of the firestorm of criticism, Skechers began marketing their Shape-Ups to girls as young as 7 years old.   A Skechers television advertising campaign targets pre-teen girls (not boys) in an apparent effort to convince these children they need to get in shape by wearing the Skechers shoes.  But some experts have come forward to criticize this marketing strategy as going way too far.  Earlier this week, the Today Show ran a segment on the controversy. 

See the NBC Today coverage HERE.

As mentioned in an earlier post, the marketing strategy of Skechers and the safety of their Shape-up shoes are the subject of a lawsuit filed last month in Orange County by the Law Offices of Paul W. Ralph.  That case, apparently the first of its kind in Orange County, is essentially one for products liability and unfair business practices.  That case arises from a fall that occurred when a consumer was wearing Skechers Shape-ups while descending a flight of stairs.  The fall resulted in a very serious ankle fracture for which surgical repair was required.

Compensation for the victims of dangerously defective products, including toning shoes, should be an important concern for all Californians.  When a product is touted as promoting good health, when it is in fact dangerous, the manufacturer and seller should be held accountable for the injuries and damages they cause.  An Orange County injury lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and product liability cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been injured by toning shoes?

• This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The Orange County Register has reported that a 3 year-old girl has succumbed to injuries she sustained in a tragic automobile accident Sunday afternoon in Tustin.  The little girl, Milena Avila, was taken to Western Medical Center in Santa Ana in critical condition after the crash at Edinger Avenue and Kensington Park Drive at 4:40 p.m. Sunday.  According to official sources cited by the Register, Avila was in her car seat at the time of the collision.  In spite of this, she passed away at the hospital approximately 3 hours after the collision.

See the Register story and photographs/video HERE.

From the photographs published by the Register, it appears this was a broadside collision in which a later model Acura TL struck the passenger side of a Honda Accord.  Avila was apparently a passenger in the Accord.  From photographs at the scene and Google maps, the intersection appears to be relatively flat and free of visual obstructions.   Kensington Park Drive actually ends at its intersection with Edinger.  It is unknown whether there were any witnesses to the accident (not riding in one of the two vehicles) or if the investigating police officers have been able to secure statements from the parties involved, in light of the fact they were reportedly injured in this accident as well.

Compensation for the victims of tragic automobile accidents like the one above should be an important concern for all Californians.  When a driver causes an injury or fatal accident, they should be held accountable.  While no amount of money can fairly compensate the family for this devastating loss, monetary compensation is what the civil justice system can offer.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in an automobile accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

According to a KTLA news report, police are searching for a suspect after a fight ended with an officer being assaulted and another victim hospitalized.  The police responded to a fight call around 3:20 a.m. Saturday at the Hacienda Corona Nightclub on Friar Street in North Hollywood.  Witnesses claim the driver and passenger in a white Nissan Maxima were engaged in an altercation before one of them exited the vehicle and the driver ran him over twice.  When police approached the vehicle, the driver charged at officers and later tried to drive off with an officer’s arm inside the window.  The unidentified suspect is wanted for felony hit and run with serious bodily injury, sexual battery on a female and attempted murder of a police officer.

See the full KTLA story HERE.

California law requires that anyone operating a vehicle involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person shall immediately stop the vehicle at the scene of the accident.  Additionally, the driver must give his or her name, current residence address, the names and current residence addresses of any occupant of the driver’s vehicle injured in the accident, the registration number of the vehicle he or she is driving, and the name and current residence address of the owner to the person struck or the driver or occupants of any vehicle collided with, and shall give the information to any traffic or police officer at the scene of the accident.  The driver also shall render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting, any injured person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if that transportation is requested by any injured person.

Compensation for the victims of  hit and run accidents should be an important concern for all Californians.  When a driver negligently or intentionally causes an injury or fatal accident and then flees the scene, they should be held criminally and civilly accountable.  An Orange County personal injury lawyer with experience at handling such cases can make a fair assessment of these claims.  The first step in recovering compensation for the victim is to seek appropriate representation.  Mr. Ralph has 20 years years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a  hit-and-run automobile accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

A number of media outlets are reporting that actress Mia Amber Davis passed away Wednesday, after apparently having had knee surgery on Monday.  According to at least one report quoting surviving family members, Davis died because of a blood clot following that procedure, an arthroscopy.  An arthroscopy is a minimally invasive procedure that generally carries fewer risks than an open surgery.  However, a clot may form (typically in the leg) and then travel to the lungs, resulting in a fatal blockage known as an embolism.

See the tragic story HERE.

In general, an arthroscopy is a common surgical procedure in which the joint is viewed via a small camera. The arthroscopy gives doctors a clear view of the inside of the knee, which allows them to make diagnoses and treat certain problems in the knee joint.   The time for recovery after an arthroscopy is generally shorter when compared to the time required to recover following a traditional, open procedure.  While blood clot formation is a known risk of the arthroscopy, there are certain patients who are generally at a heightened risk of clot formation.  Those at such an increased risk include patients who are older, obese, have a history of clot formation or are taking contraceptive pills.

Read more about arthroscopy at the American Academy of Orthopaedic Surgeons’ website.

While it remains to be seen what, if anything, caused or contributed to the clot formation in Davis, doctors do have the option of prescribing drugs (including aspirin) to reduce the risk of clot formation after surgery.  Additionally, it is unknown whether Davis reported any signs or symptoms of clot formation to her doctor prior to the fatal event.

Post-surgical complications occur even in the absence of medical negligence.  However, when a doctor practices below the standard of care and causes harm or even death, they should be held accountable, and their victims should be compensated.  An Orange County personal injury attorney with experience at handling malpractice cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and medical negligence cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been a victim of  malpractice by a doctor?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

According to a KTLA news story, a hit-and-run driver struck three bicyclists, killing one of them, before being arrested by police at his home in Ventura last night.  KTLA has reported that authorities identified the suspect as 49-year-old Satnam Singh.  In addition to bicyclists, Singh reportedly struck occupied motor vehicles while behind the wheel of his Hummer.  The victim kiled was 20-year-old Nick Haverland.  Singh was reportedly booked on felony drunk driving, hit and run and gross vehicular manslaughter while intoxicated, officials said.

See the KTLA news story and video HERE.

Given his alleged conduct behind the wheel, Singh could be facing significant convictions in criminal court.  For example, in California a conviction of gross vehicular manslaughter while intoxicated can carry a sentence of up to four years in prison.  Beyond the criminal penalties Singh may face, he could also be held civilly liable for the injuries and damages he caused while behind the wheel.  This would include the potential for being found liabile for the wrongful death of Haverland.  An action for wrongful death by the Haverland family could potentially include a claim for puntive damages, in addition to compensation for the loss of the society, care, love and affection of the victim.

Compensation for the victims of  hit and run accidents should be an important concern for all Californians.  When an intoxicated and reckless driver causes an injury or fatal accident and then flees the scene, they should be held criminally and civilly accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury and wrongful death cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a  hit-and-run automobile accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

According to a news story, on Saturday, two men were changing a tire on the shoulder of the San Gabriel River Freeway (605) in Irwindale when they were fatally struck by a Long Beach driver who was trying to avoid another vehicle.  Citing authorities familiar with the investigation, the Long Beach Press Telegram reported that Pedro Pedroza, 43, of Azusa and Ricardo Beltran, 49, of West Covina were changing a tire at about 11 p.m. on the shoulder of the freeway near Arrow Highway, when they were struck by a Ford Taurus driven by a 25-year-old Long Beach man, according to the California Highway Patrol.  Authorities said the man was trying to avoid a tan sedan changing lanes and lost control of his car, striking the two victims, authorities said.  The Taurus also struck a GMC Sierra driven by a 22-year-old Rancho Cucamonga man.  Pedroza died at the scene and Beltran died at a hospital later that night.

See the full story HERE.

It is unfortunate that accidents like this are not at all uncommon.  There have been a number of collisions reported in which a driver, parked or stopped off the roadway, is either injured or killed because of another motorist’s inattention or carelessness.  Sometimes, a careless driver will drift off the roadway because of being tired or as a result of following what they believe are the taillights of a moving vehicle, only to find out after the collision the vehicle they were “following” wasn’t moving.  In the story above, the driver of the Taurus reportedly swerved to avoid another motorist, causing his vehicle to leave the travel lane and strike the two innocent victims.

Compensation for victims of traffic accidents, including those struck while stopped or parked off the roadway, should be an important concern for all Californians.  When a driver operates their vehicle carelessly and strikes a motorist and/or their vehicle on the shoulder, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in an automobile accident that occurred on a freeway shoulder?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

According to news reports, a man suffered life-threatening injuries after he was hit by a van Sunday night as he tried to cross the street.  Police reported the accident happened at about 7 p.m. on Harbor Boulevard, just north of Hazard Avenue.  Santa Ana Police Cmdr. Stephen Colon said the man was walking westbound across the southbound lanes of Harbor when he was struck by a van traveling southbound in the No. 2 lane.  The victim  is still in the hospital.   The driver of the van, reportedly a 55-year-old man from Fountain Valley, remained at the scene.    Anyone who was a witness to the accident was asked to call traffic investigator Wes Hadley at 714-245-8216. http://www.ocregister.com/news/harbor-277926-pedestrian-police.html

Once again, a pedestrian and a motor vehicle have collided on an Orange County roadway, with devastating results.  In this instance, since the accident happened after dark, a number of issues come to mind:

• Was the pedestrian crossing at a corner/cross-walk?
• What color clothes was the pedestrian wearing?
• Were the headlights on the van in operation?
• How fast was the van traveling just before the accident?
• Were drugs or alcohol a factor in this collision?

The answers to these an related questions will determine fault for the accident.  In California, an individual injured in such an accident is entitled to compensation even if they were partially to blame for the incident.  For example, if it is determined the driver of the van was speeding and/or under the influence of alcohol and the pedestrian failed to keep an adequate lookout for oncoming traffic, then fault for the accident might be shared between the two.  In that instance, the driver of the van would likely be responsible for at least 50% of the pedestrians injuries and damages.  It will be very interesting to see what caused this accident and how responsibility is allocated between the two parties.

Compensation for pedestrian victims of traffic accidents, caused by a driver’s negligence, should be an important concern for all Californians.  When a driver operates their vehicle carelessly and strikes a pedestrian, they should be held accountable.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 19 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a pedestrian/intersection accident?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.