Early Sunday morning, two construction workers were hit and killed by drunk drivers on the northbound 405 Freeway in Torrance.   According to KTLA news, citing official sources, the two cars entered a closed portion of the 405 freeway and collided with each other.  The vehicles then spun into the construction zone and struck the two construction workers, killing the two innocent victims.  The two workers, Ramon Lopez, 56, of Chino Hills, and Ricardo Zamora, 58, of Winchester, had been retained for the job through CalTrans.  

See the KTLA news story and video HERE.

Also on Sunday, a 42-year-old was reportedly killed by a DUI driver while pushing his bicycle in Lytle Creek.  The victim, Dondi Allen Quimby, was walking with a woman shortly before 1 a.m.  The alleged DUI driver,  twenty-year-old Matthew Harry Eldridge of Rancho Cucamonga, was arrested at 2:05 a.m. and booked for investigation of felony drunken driving and vehicular manslaughter.  According to the Press Enterprise, citing a CHP source, the area of Lytle Creek Road has a narrow shoulder and is very dark.

See the Press Enterprise story HERE.

In the first accident, it is almost incomprehensible that two drunk drivers would manage to crash into one another and then cause a multi-fatality accident involving two pedestrians.  If that were not enough, a third driver, also reportedly intoxicated, struck a pedestrian pushing a bicycle and killed him.  All three of these drivers will likely be facing wrongful death lawsuits by the families of Lopez, Zamora and Quimby.  Under California law, the surviving family members have the right to be compensated for the loss of the society, care, comfort, love, affection and support of their deceased relatives, if the deaths occurred because of negligence or during the commission of an unlawful act.  Assuming that Gomez, Casenta and/or Eldridge are convicted of felonies in relation to the happening of these collisions, any suit for wrongful death would necessarily receive priority trial setting preference by the court.  

Compensation for the victims of fatal automobile accidents caused by an intoxicated driver should be an important concern for all Californians.  When an intoxicated driver causes a tragic accident like the ones above, the responsible parties should be held accountable.  An Orange County wrongful death lawyer with experience at handling traffic collision cases can make a fair assessment of these claims.  Mr. Ralph has more than 21 years of experience handling Orange County personal injury cases, including those involving DUI drivers.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you lost a family member because of an intoxicated 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.

On Monday afternoon, a 5-year-old boy suffered serious facial injuries after being attacked by a neighbor's dog.  The incident apparently happened at about 1:45 p.m. when the boy was at a neighbor's house in the 1800 block of West Elm Avenue.  According to the Orange County Register, police arrived at the scene to find the boy had sustained "significant facial injuries."  The dog, reportedly a Labrador retriever mix, had no history of aggressive behavior, but was immediately euthanized by Orange County Animal Control.  

See the Orange County Register article HERE.

What this incident seems to demonstrate is that just about any breed of dog is capable of biting.  While we do not know the precise mix, Labrador retrievers are generally regarded as "kind" and "pleasant" dogs, and it seems surprising this attack occurred.  However, even a seemingly docile animal can attack with little to no provocation.  Under California law, the owner of a dog that bites is strictly liable for the injuries and damages the victim sustains, regardless of whether the dog has a aggressive propensity.  Because of this statute, most homeowner's insurance policies provide coverage for the dog owner, unless the particular breed of dog is excluded under the policy.  More and more, policies are being written to exclude more notorious breeds such as Pit Bulls and Rottweilers. 

Compensation for the victims of dog attacks should be an important concern for all Californians.  When an innocent victim, particularly a small child, is bitten and seriously injured by a dog, the dog's owner(s) should be held accountable for all of the injuries and damages suffered by the victim and their family.   An Orange County dog bite attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 21 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 member been the 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.

 In a decision handed down on May 31st, the California First District Court of Appeals decided in favor of a customer who had slipped and fallen in a Safeway store, in spite of the fact the lower court had thrown the case out.  According to the Court's decision, the fact that the aisle where the accident happened may not have been inspected for a period of 20 minutes raised an inference there may have been negligence.  Even though the store had a custom and practice of regularly inspecting the sales floor, the facts of the case revealed this may not have been done for a period of 20 minutes before the customer fell, because of water from an unknown source on the floor.   The case had been dismissed on a motion by Safeway, essentially arguing that they had neither actual nor constructive knowledge of the water on the floor.  The appellate court reversed.

What this case demonstrates is something critically important under California premises liability law.  Before liability can be imposed on a business, in the case above a grocery store, it must be shown that the defendant had actual or constructive notice of the presence of a "dangerous condition", such as water on a tile floor.   The essence of a constructive notice claim is that the condition existed for such a length of time that it could and should have been discovered upon reasonable inspection.  What the court held in the case above was that the definition of reasonable inspection is nowhere precisely set forth in the law (either by statute or case law) so it should be left to the sound discretion of a jury to determine.  In short, this case is a reminder that the burden is often on the retailer or other business owner to prove a lack of notice.  The burden on the injured party is sometimes limited to showing the existence of the dangerous condition and that it was the cause or a contributing factor in the happening of an accident.

Compensation for the victims of slip and fall accidents, caused by a retailer's negligence in not regularly inspecting their sales floor, should be an important concern for all Californians. When a business patron is injured because regular and frequent measures were not taken by a business owner to keep the property safe, the owner should be held accountable and compensation paid to the victim.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 21 years of experience handling slip and fall cases, including just this type.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a slip and fall at a business that could have been prevented?

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 the criminal case arising from the tragic beating of Bryan Stow at Dodger Stadium, testimony of Stow's friend revealed a great deal had transpired between Stow and his eventual assailants before the nearly fatal attack.  According to KTLA news, Stow's friend, Corey Maciel, testified at the preliminary hearing for the two suspects that Stow and his friends had endured hours of heckling and thrown food inside the stadium.  Even after this occurred, Stow's group was further taunted in the parking and loud words were exchanged before the final, vicious attack.  The two suspects, Marvin Norwood and Louie Sanchez, are now facing a number of serious felony charges.

See the KTLA news story and video HERE.

As a general principle, there is no duty for anyone to act to protect others from the misconduct or criminal acts of third parties.  However, such a duty may be present if there exists a “special relationship” between the parties.  Courts have found such a special relationship in cases involving the relationship between business proprietors such as shopping centers, restaurants, and bars, and their tenants, patrons, or invitees.  Where the special relationship duty exists the business owner must 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.  In the Stow case, the Dodger security staff had a duty to protect patrons from foreseeable misconduct and criminal acts.  Since the Dodger security staff knew or reasonably should have known what was happening, their duty likely included an obligation to take reasonable, relatively simple, and minimally burdensome steps to attempt to avert that danger.  If Stow and his friends had been escorted to their vehicle by security or those causing a disturbance had been arrested for disturbing the peace, would the assault on Stow have occurred?  It seems likely it would not have happened.

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 owner's patron is attacked on their property they should be held accountable if they failed to provide a reasonably safe environment, especially when they can prevent or effectively intervene in a criminal assault.   An Orange County personal injury lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 21 years of experience handling personal injury and premises 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 a victim of a violent crime that occurred at a place of business?

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 toddler living in Norco was attacked by the family pit bull yesterday, May 28th.  According to the Press Enterprise story, the young girl was fortunate in that she escaped any major bite wounds.  The 19-month-old girl apparently got out of the house and into the back yard when a babysitter opened a sliding glass door to air out the house.  The dog was reportedly dragging the little girl through the yard when the babysitter looked outside.  The toddler was taken to the hospital with what appears to have been moderate injuries, and the dog was quarantined by Animal Control, which is standard procedure in such instances.

See the Press Enterprise story HERE.

Just about one week before the incident above, on May 20th, a 54-year-old woman was attacked just outside her Garden Grove home by a pit bull mix.  The dog, belonging to a neighborhood resident, attacked the woman's 7-week-old puppy and, when the owner attempted to intervene, she was viciously attacked.  Neighbors made numerous attempts to end the attack, but were only successful after sticks and a garden hose initially failed.  The puppy was treated for very serious wounds at a local animal hospital, and the owner likewise received emergency medical treatment at Garden Grove Hospital for wounds to both hands, as well as one arm and her torso.  The Orange County dog bite victim has since retained the Law Offices of Paul W. Ralph to represent her interests in the case.

Compensation for the victims of dog attacks should be an important concern for all Californians.   When an innocent victim is bitten and seriously injured by a vicious dog, the dog’s owner should be held accountable for all of the injuries and damages suffered by the victim and their family.  An Orange County dog bite 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 member been the victim of a pit bull 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.

The Federal Trade Commission announced last week that Skechers had agreed to pay a $40,000,000.00 fine for making representations in their advertising that simply were not true.  For many people seeking a healthier lifestyle or trying to lose weight, the advertisements seemed almost too good to be true - wear Skechers Shape-ups footwear and watch the pounds melt away.  According to a CCN story, at a news conference last Wednesday, the FTC said the shoemaker's claims weren't true and alleged Skechers violated federal law by misleading consumers, consisting of "unfounded claims that Shape-ups would help people lose weight, and strengthen and tone their buttocks, legs and abdominal muscles."

See the CNN news story HERE.

Skechers Shape-ups have been touted as being able to:

1. Promote weight loss,
2. Tone muscles,
3. Improve posture,
4. Reduce stress on knees and ankles,
5. Strengthen and firm the back muscles,
6. Tighten abdominal muscles,
7. Improve blood circulation,
8. Firm leg muscles,
9. Tone and firm thigh muscles,
10. Relieve muscle tension and fatigue, and
11. Allow the wearer to get in shape without setting foot in a gym.

Moved by such claims, consumers purchased the Shape-ups with very high expectations, and they sometimes did not only fail to see the results promised, but they were injured as well.  The Shape-ups shoes are actually designed to be unstable, and this makes them potentially dangerous, especially for those with knee or ankle instability issues.  Older consumers , who are prone to falls in general, can be exposed to an even greater risk of falls and serious injuries because of the shoe instability.  In spite of this, Skechers marketed their well-hyped shoes to everyone, including those at a heightened risk for falls.  Those injured because of being misled and never warned, have the right to bring a products liability action to recover compensation for their injuries and damages.

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 products liability 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.  His office filed the first Orange County lawsuit against Skechers, and he can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been injured by Skechers Shape-ups or some other 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.

Reports of tainted restaurant food are splashed in the mass media from time to time and those reports always raise the issue of food safety in this "fast food" world.  Once the problem has been brought to light and remedial action taken, there is again a lack of public interest.  But if you are the victim of tainted food and have been personally injured, you should know your rights and what steps you should take to protect those rights.

According to the Centers for Disease Control and Prevention, each year, 1 in 6 Americans (or 48 million people) gets sick from and 3,000 die of foodborne diseases.  (See the CDC's official website)  The prevalence of this problem is likely unsettling to anyone reading those numbers.  Putting aside the large scale outbreaks caused by manufacturing or processing negligence, there are often isolated incidents in which a consumer is harmed by tainted food.  For example, there have been reports ranging from large bones being left in a chicken enchilada to a condom being found in clam chowder.  When food is tainted, those selling it to the public may be liable for all of the resulting injuries and damages.

Under California law, if the injury-producing substance is natural to the preparation of the food served, it can be said that it was reasonably expected by its very nature, and the seller may only be liable if negligence in the preparation can be shown.  However, if the injury-causing substance is foreign to the food served, then the seller may be strictly (automatically) liable for the incident.  In those circumstances, the judge or jury will decide whether the substance (1) could be reasonably expected by the average consumer and (2) if it rendered the food unfit or defective.  Because the precise nature of the defect is important in the determination of liability, it is imperative that the victim document the event as best they can, with photographs and by maintaining any uneaten portion of the food.  Additionally, it is important to report the tainted food to the seller and the appropriate health agency as soon as possible.

Compensation for the victims of dangerously defective products, including tainted food, should be an important concern for all Californians.  When an unsafe product, such as dangerous food, causes severe injuries or death, the seller should be held accountable for the injuries and damages they have caused.  An Orange County product liability 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 tainted food?

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 42-year-old woman was killed on Friday night in accident involving a suspected drunk driver.  According to KTLA news, the driver of a Chevrolet Corvette, 39-year-old John Rice, crashed his car into a SUV, ejecting the woman and causing her fatal injuries.  KTLA is reporting Rice could face drunk driving charges, if not something more serious.  The accident happened at about 7:15 p.m. on Alondra Boulevard near McNab Avenue.   The woman's 20-year-old daughter and young grandchild who were also in the SUV were taken to a local hospital for treatment of non-life threatening injuries.  Rice and his father, who was also in the Corvette, were taken to the hospital where Rice remained until at least Saturday.  Rice has yet to be charged with any crime.

See the KTLA new story HERE.

According to the Centers for Disease Control and Prevention, just about one third of all fatal automobile accidents happening in this country involve an impaired driver.  This amounts to approximately 30 people every single day who die in such accidents.  In 2009, for example, nearly 11,000 people in this country died in automobile accidents involving an alcohol-impaired driver.  Assuming Rice was indeed impaired at the time of the accident above, with a presumptive blood alcohol reading of .08% or greater, this tragic accident would then become part of these statistics.  The death of any innocent victim on the roadway is tragic, but it becomes infuriating when it is caused by the senseless act of drinking and driving.  The lives of those injured and the family of the woman killed have been changed forever.  One way we can as a society go about preventing accidents like this in the future is to hold those responsible both criminally and civilly liable for the death and devastation they leave behind.

Compensation for the victims of automobile accidents caused by a drunk or otherwise impaired driver is an important concern for all Californians.  When a driver operates their vehicle while under the influence of alcohol or drugs and causes a serious or fatal accident, they should be held accountable.  An Orange County personal injury attorney 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 DUI and impaired driver accident cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in a drunk driving 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 traffic collision this morning on the westbound 91 freeway overturned a Hyundai Sonata and injured a female passenger in the car.  According to a story in the Orange County Register, the accident was reported at 7:40 a.m., just west of North State College Boulevard.  Citing official sources, the Register story indicated that witnesses said a Toyota 4Runner made an unsafe lane change into the carpool lane and sideswiped the Sonata, causing it to overturn and come to rest near the retaining wall.  The other three vehicles damaged at about the same were possibly involved in a chain-reaction collision arising from the rollover.  

See the Orange County Register story and photographs HERE.

Last night, at about 7:30 p.m., a female pedestrian was critically injured when she was struck during a hit-and-run accident in Orange County.  According to the KTLA news story, the incident occurred on Bolsa Avenue, just west of Beach Boulevard, in the City of Westminster.  Police are still looking for two men who fled the scene after crashing the stolen SUV, a white Lexis.  The woman was struck on the sidewalk near a bus stop, and apparently the men in the Lexis fled on foot. The paramedics rushed the woman to UC Irvine Medical Center where she was listed in critical but stable condition.

See the KTLA story and photos HERE.

Automobile accidents like the ones above are unfortunately all too common.  Aside from issues of fault and recovery from the injuries sustained, nearly all cases of this type are impacted dramatically by the insurance policies, or lack thereof, of the parties involved.  For example, when the owner of a vehicle is injured in an accident, but he or she had no insurance on their car at the time, they are not entitled under California law to recover compensation for their pain and suffering.  Generally, the only valid claim they possess against the at-fault party is one for the economic losses sustained, medical expenses and lost wages.  Another scenario that is often present when an automobile accident occurs is a case in which the only applicable policy limits are inadequate to fully compensate the injured party for all of the injuries and damages sustained.  For example, in a recent accident in Orange County, a young driver turned left into the path of an oncoming vehicle occupied by three women, one of whom was very badly injured.  The worst injured passenger sustained an open (compound) fracture of the right arm for which surgery had to be performed.  The medical expenses related to the surgery totaled more than $60,000.00, but the young driver's policy had a $25,000.00 limit.  In the absence of other applicable insurance or the young driver having substantial personal assets (which was not the case), the badly injured passenger will unfortunately go without full compensation.

Compensation for the victims of automobile accidents caused by a careless or reckless driver should be an important concern for all Californians. When a party without fault is badly injured, the at-fault driver should each be held accountable for the injuries and damages they cause. An Orange County personal 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 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 seriously 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.

 KTLA news has reported that a mentally ill woman in Bellflower was struck in the face with a fist or elbow by a Los Angeles County Deputy Sheriff.  According to the news report, and related video footage, the woman,  42-year-old Julie Nelson, was allegedly causing a disturbance aboard a bus on Monday when the incident occurred.  While Nelson's version differs from that of the Sheriff's Department, the video clearly shows Nelson had her hands down (held by the deputy) at the time she is hit in the face by the deputy.  The incident is being investigated by the Sheriff's Department, and Sheriff Lee Baca has been quoted as calling the video "disturbing."  Nelson reportedly has a history of mental illness and violent behavior in the past.

See the KTLA news story and cell phone video HERE.

Analyzing a case like the one above to determine whether the amount of force used was reasonable is often very difficult, even when a video of the incident exists.  A police officer attempting to make an arrest is justified in using as much force as appears reasonably necessary to enable them in safety to themselves to compel submission to the process of the law.  With regard to the suspect's legal obligations, the law in California is clear: "If a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain from using force or any weapon to resist such arrest."  (California Penal Code § 834a)  In the videotape of the arrest above, it appears the officer has Nelson's hands pinned at her sides in the moments before the blow is struck.   It is not clear, however, what had transpired before the cell phone camera was activated and if Nelson had physically (at least to that point) resisted arrest.  Assuming that she had, the law still does not permit a police officer to strike a blow to a suspect's face if the threat or resistance has passed.   It will be interesting to see just what will come of Nelson's claim of excessive force.

Compensation for the victims of excessive force by the police should be an important concern for all Californians.  When a member of the public is subjected to police brutality, the police department should be held accountable and compensation paid to the victim or the victim's family. An Orange County police misconduct 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 member been a victim of excessive police force?

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 35-year-old bicyclist was killed on Saturday evening in a tragic accident with an Orange County Transportation Authority bus.  The victim, 35 year-old Romeo Jimenez-Zavaleta, was pronounced dead just after 6 p.m. at Mission Hospital Regional Medical Center, according to an article in the Orange County Register,  Citing official sources, the Register reported the collision occurred at the intersection of Paseo de Valencia and Alicia Parkway in the City of Laguna Hills.  Jimeniz-Zavaleta was apparently riding his bike across Alicia Parkway when he was hit by the bus making a right turn from Valencia.

See the Orange County Register article HERE.

Tragic accidents like the one above are unfortunately all too common.  When a bicyclist and a motor vehicle collide, the consequences are often profound and serious injuries are almost inescapable.  This is particularly true when the motor vehicle is a bus.  From a Google maps view of the intersection, there does not appear to be anything particularly unusual about the intersection configuration or the view a southbound, right-turning driver would have from Valencia to Alicia Parkway.  With regard to responsibility for the accident, it will have to be determined whether the bus driver turned on a red or a green light and whether Jimeniz-Zavaleta could be seen in advance of the driver executing the turn.  While it would appear the bicyclist was perhaps riding on the wrong side of the street for his direction of travel, this would not excuse the bus driver from observing the potential for an accident and taking steps to avoid it.

Compensation for victims of automobile versus bicycle collisions, caused by a negligent driver, should be an important concern for all Californians. When a driver operates their vehicle in an unlawful or reckless manner and causes a serious or fatal accident, they should be held accountable.  An Orange County bicycle accident attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has over 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 or killed in an automobile versus bicycle collision caused by another’s unlawful or negligent driving?

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 tragic automobile accident in Covina early Monday morning has left a teenage girl dead from the injuries she sustained.  According to a news report by KTLA, one of two young girls hospitalized after they were hit by a car near Gladstone High School succumbed to her injuries while at County USC Medical Center.  The accident happened at 6:44 a.m. at Lark Ellen Avenue and Tudor Street, an intersection some residents say needs a traffic light.  The girls, about 14 years old, were apparently struck while in a crosswalk on Lark Ellen by a 2007 Honda Civic traveling at about 30 miles per hour southbound on the street.  The other young girl is still in critical condition.

See the KTLA news story HERE.

From a Google maps view of the intersection, it appears the roadway is relatively flat and the view of drivers unobstructed on Lark Ellen.  However, there is no traffic light on any of the four corners, and it looks as though vehicles could reach a relatively high rate of speed while traveling through that intersection.  In addition to the lack of a traffic control signal, there is most likely an element of driver inattention in this case.  Depending on the precise area of impact, it is hard to imagine the girls could not be seen in the crosswalk for some distance prior to the point of impact.  Assuming the Honda was traveling 30 miles per hour, there should have been ample time to see two pedestrians and avoid a collision, particularly when those pedestrians would have been visible from more than one hundred feet away, given the roadway is straight and flat.  At just one hundred feet, a driver traveling at 30 miles per hour has more than 2 full seconds to perceive the potential collision and react to avoid it.

Compensation for the victims of automobile accidents caused by careless drivers and/or dangerous roadways should be an important concern for all Californians. When a driver operates their vehicle in such a manner to cause or contribute to the happening of a serious or fatal accident, they should be held accountable.  Likewise, when a dangerous roadway contributes to the occurrence of a motor vehicle accident, 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 more than 20 years of experience handling Orange County automobile accident cases, including those involving wrongful death. He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in a motor vehicle accident caused by a negligent driver and/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.

Finally, the Orange County Coroner's Office has completed its report on the death of Kelly Thomas, the mentally ill homeless man who died after a violent confrontation with officers from the Fullerton Police Department.  According to a KTLA news story, the findings of the Coroner have been turned over to the Orange County District Attorney's Office for consideration.  Reportedly, a news conference is scheduled for tomorrow during which District Attorney Tony Rackauckas is expected to discuss what, if any, charges will be filed against the officers involved in the controversial arrest.  

See the full KTLA news story HERE.

Medical records previously released show Thomas was originally taken from the scene of the incident to St. Jude Hospital in Fullerton.  However, because his heart stopped, and he required a higher level of care for that and other reasons, he was emergently transported to UCI Medical Center.  By the time he arrived there, Thomas' pulse rate was very high, and his blood pressure dangerously low.  He was exhibiting seizure activity, and one pupil was unreactive.  For all intents and purposes, he was severely brain injured and the likelihood of any meaningful recovery was grim.  The assessment of the emergency room physician was that Thomas had suffered blunt trauma, facial fractures, prolonged oxygen deprivation, facial lacerations, and shock, among other things.  Also of note was the presence of a taser dart in the left chest area, suggesting a taser had been deployed by one of the Fullerton officers in violation of industry recommended guidelines.  From the records released to date, it seems likely the Coroner's Office will conclude the cause of Thomas's death was homicide.

The extent of the beating Thomas received at the hands of the Fullerton Police is almost impossible to understand.  With reports that at least six officers were present during the arrest, one has to wonder why so much trauma to the face and head would be necessary to control this rather diminutive man.  The purpose of an arrest is to secure a subject's presence in court before a judge, not to punish.  Police officers are generally taught to use the least amount of force reasonably necessary to control a subject and take him into custody.  In the Thomas case, he was reportedly being taken into custody for auto burglary, a property, nonviolent crime.  The amount of force used on Thomas, as evidenced by the injuries documented in his medical records, would seem well beyond justification.  Ideally, the Thomas family will see justice in both the civil and criminal courts.

Compensation for the victims of police misconduct should be an important concern for all Californians. When someone is beaten excessively by the police, the police department should be held accountable and compensation paid to the victim or the victim's family. An Orange County police misconduct 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 member been a victim of an unlawful arrest or excessive use 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.

In general, a business owner who holds their property open to the public for entry is subject to liability to members of the public while they are upon the property.  Such a business proprietor may be responsible for physical harm caused by the accidental, negligent, or intentionally harmful acts of third persons.  What the law in California requires is that the business owner exercise reasonable care to discover that such acts are being done or are likely to be done and then take measures to prevent injury or give patrons a warning adequate to enable the visitors to avoid the harm, or otherwise to protect themselves against it.   Absent doing these things, a business can be held liable in civil court.

In the context of a criminal assault taking place on business property, the victim often has no meaningful recourse against the actual perpetrator since that person will likely have little to no assets with which to satisfy a civil judgment for damages.  If a business has "set the stage" for an assault to take place or does nothing meaningful to prevent it, the law allows recovery against the business owner.  Perhaps the most common example is where a bar or restaurant allows an unruly and potentially violent customer to remain on their premises, even after a fight has begun or is inevitable.  In those circumstances, the restaurant or bar owner may be liable for the injuries sustained by an innocent victim.  One major obstacle presented by these cases is the need to prove the criminal activity would not have occurred or successful intervention could have been accomplished.  An experienced trial attorney is often able to establish this by garnering important witness testimony and perhaps securing the assistance of a security expert.

Have you or a loved one been seriously injured during an assault taking place on business property?

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 personal 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.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

A driver traveling westbound on Rosecrans Avenue in Gardena struck a pedestrian crossing the street on Sunday night.  According to KTLA news, the pedestrian, a woman who has yet to be identified, was hit by a grey, 4-door  Honda Civic that did not stop.  The victim was taken to a local hospital following the accident, but she later succumbed to her injuries.  The accident happened around 9 p.m. Saturday night on Rosecrans, between Budlong and Normandie avenues.

The vehicle involved may have front end damage and the driver's door is missing.  The Civic is believed to have been occupied by two passengers at the time of the accident.  The police have asked that anyone with information call them at (310) 217-6183 or (310) 217-6135.

See the KTLA news story and video HERE.

This type of accident is both tragic and frustrating.  The driver of the Civic had an obligation, regardless of fault, to stop at the scene of the accident and render assistance to the pedestrian.  It is entirely possible that if the driver had complied with their legal obligation, the pedestrian might have survived.  Under California law, the driver of a car involved in a collision must 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 recklessly 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 legal representation.  Mr. Ralph has more than 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 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 young pregnant woman was found dead in her Pacifica home Thursday afternoon from an apparent attack by a pit bull.  According to a report by KTLA news, the victim, 32 year-old Darla Norpa, was found unresponsive by her husband who arrived home from work at around noon.  One of the family's two pit bulls was near Norpa's body, covered in blood.  The second dog was discovered cowering in a corner of the home.  When emergency personnel arrived on scene the bloodied dog, Gunner, approached them in the front yard and was then shot three times by officers.   According to a spokesperson for the Peninsula Human Society, he had not seen anything like this in his 13 years with the society.

See the full KTLA story and photograph HERE.

The above story is a stark reminder of the danger posed by vicious dogs, especially when they possess the power and the bite of a pit bull.  This particular breed is notorious for causing serious injuries and death because of its aggression and propensity for locking on to its victims during an attack.  In fact, pit bulls have been involved in more fatal human attacks than any other breed of dog.  

As for dog bites in general, according to the Centers for Disease Control,  aggressive dogs pose a significant health and safety issue:

• About 4.5 million people are bitten by dogs each year.
• Almost one in five of those who are bitten :a total of 885,000: require medical attention for dog bite-related injuries.
• In 2006, more than 31,000 people underwent reconstructive surgery as a result of being bitten by dogs.

See the official CDC website.

Compensation for the victims of vicious dog attacks should be an important concern for all Californians. When a victim is attacked and seriously injured or killed, 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 Riverside Transit Agency bus slammed into stopped traffic Wednesday morning on southbound Interstate 15 in Temecula.  According to a story in the Press Enterprise, the commuter bus slammed into backed-up traffic on a stretch of highway notorious for congestion and a high rate of accidents.  The chain reaction crash involved a total of five vehicles, and it sent a total of seven people to local hospitals, including the driver of the bus, whose right leg was almost completely severed..

The Enterprise report indicates the accident happened about 7:50 a.m. yesterday when the RTA bus carrying five passengers rammed into the back of a white box truck that was stopped at the end of a line of cars waiting to exit the freeway at Winchester Road.  The bus driver is suspected of failing to notice the traffic ahead had come to a stop.  According to the news report, citing information from Caltrans, the area of this accident is notorious for backed up traffic and accidents.  The Winchester Road exit is often where traffic is at a stand still for considerable periods of time during the day.  While these facts make this accident less than surprising to local residents, nothing absolves the bus driver from using due care when transporting passengers.

See the Press Enterprise story and photographs HERE.

Under California law, generally bus owners and operators must “use the utmost care and diligence for their passenger’s safe carriage, must provide everything necessary for the purpose, and must exercise to that end a reasonable degree of skill.” Bus companies and public entities operating bus lines are known in the law as “common carriers”.  When they undertake the business of transporting the general public they bind themselves to carry safely those whom they take into their vehicles, and owe both a duty of utmost care and the vigilance of a very cautious person towards their passengers.  Such carriers are responsible for any, even the slightest, negligence and are required to do all that human care, vigilance, and foresight reasonably can do under all the circumstances.

Compensation for the victims of bus accidents, caused by another’s negligence, should be an important concern for all Californians. When a bus operator or other driver operates their vehicle in a careless or reckless manner, they should be held accountable.  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 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 bus accident caused by neglect?

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.

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.

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.

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.

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.

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.

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.

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.

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.

KTLA news has reported  that the search is on for the driver of a SUV that struck and killed a 6 year-old girl in South Los Angeles.  The victim, Kemberly Arrue, was playing with a ball near her home in the 600 block of West 49th Place around 10:00 p.m. yesterday when the ball rolled into the street.  Arrue was struck by a dark-colored SUV, but the driver never stopped.  The Los Angeles Police Department is asking for the public's help in identifying and locating the driver.   The only description of the vehicle is that it was dark colored and likely has front-end damage.

See the KTLA news story and photograph HERE.

This tragic accident is one that pulls at the heart strings.  It is shocking to think of a driver being so callous as to hit a little girl, 6 years of age, and not even stop to help.  From the Google Earth view of the neighborhood, the street is narrow and there are only single family homes nearby.  It would not appear to have been difficult to identify the girl's home and her family, after the accident.  While  little more than speculation at this point, it seems a logical inference the driver was in the process of doing something illegal behind the wheel of the SUV (either speeding or driving while intoxicated) at the time of the accident.  In fact, the driver's flight from the scene may even be used in court as evidence of "consciousness of guilt."

Compensation for victims of fatal hit and run accidents should be an important concern for all Californians.  When a driver negligently causes an accident and then flees the scene, 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 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 versus motorcycle 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 Orange County Register reported  a fatal motorcycle accident occurred this morning on the 91 freeway in Anaheim.  The collision reportedly happened at about 7:45 a.m. this morning just east of North Imperial Highway, when the motorcyclist apparently ran into a silver BMW.  The impact caused the motorcycle rider to fall hard and, in spite of being rushed to Western Medical Center, he died of his injuries at the hospital.

See the Register story and photographs HERE.

The details of how this tragic accident occurred are not yet known.  From photographs taken at the scene, it appears the rider was wearing a helmet as one can be seen on the ground next to where his bike came to rest.  Motorcycle safety has been and is currently a major concern for the National Transportation Safety Board.  From 1997–2008, the number of motorcycle fatalities increased 150 percent, an increase that far exceeds that of any other form of transportation.  Although the number of motorcycle fatalities decreased in 2009, the number of motorcycle fatalities in any recent year has been more than double the number of deaths the same year from accidents in aviation, rail, marine, and pipeline combined.

In 2009, more than 4,400 motorcyclists died in crashes, and motorcycle fatalities accounted for 13 percent of all motor vehicle crash fatalities. Although rising motorcycle use may partly explain this trend, increases in fatalities have outpaced increases in activity measures, such as motorcycle registrations and vehicle miles traveled.

According to the National Highway Traffic Safety Administration (NHTSA), head injury is a leading cause of death in motorcycle crashes.   The use of a safety helmet, one that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218, is the “single critical factor in the prevention [and] reduction of head injury."  The above information and even greater detailed can be examined at the official NTSB website.

Compensation for victims of motorcycle traffic accidents, should be an important concern for all Californians.  When a driver negligently causes an accident with a motorcyclist, 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 versus motorcycle 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.

KTLA news reported today that a man accused in a fatal hit-and-run Friday night was caught after he drove his damaged car through a DUI checkpoint.  The suspect, Isidro Peralta, 25, was stopped at a checkpoint near Avenue J and Genoa in Lancaster around 11:30 p.m.   Deputies spotted blood, a shattered window and other front end damage to his 1996 Ford Mustang.  After retracing Peralta's route, deputies found the body of a 50-year-old man at the intersection of 10th Street West and Avenue J-8.  Peralta was arrested on suspicion of gross vehicular manslaughter, felony hit-and-run and felony driving under the influence.

See the KTLA news story HERE.

While the accident is still under investigation, it appears there is strong evidence to believe Peralta was responsible for causing this victim's death while under the influence and behind the wheel of a car.  California Vehicle Code Section 23153 provides in part:

(a) It is unlawful for any person, while under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle and concurrently do any act forbidden by law, or neglect any duty imposed by law in driving the vehicle, which act or neglect proximately causes bodily injury to any person other than the driver.

As for vehicular manslaughter charge, California Penal Code Section 192 provides that a death caused while the defendant is in the commission of an unlawful act while behind the wheel, resulting in death, may be charged with vehicular manslaughter.  In the case referenced above, Peralta's blood alcohol level will be an important fact in establishing any criminal case brought against him for vehicular manslaughter.  Likewise, in a civil case, these same facts will be important in determining whether Peralta was at least negligent in the operation of his vehicle.  Since the KTLA story makes no mention of witnesses to the accident, the driver could defend himself by arguing, while he may have been intoxicated, the accident was not actually caused by his neglect.  Without witnesses, this could prove to be a difficult civil case for the victim's family and they would likely need the expert testimony of an accident reconstruction expert and an expert in toxicology/human factors.

Compensation for victims of fatal automobile accidents, caused by reckless or intoxicated drivers, should be an important concern for all Californians.  When a driver operates their vehicle while under the influence and causes a fatal accident, they 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 years of experience handling personal injury cases, including those arising from fatal automobile accidents.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Has a loved one been the victim of a  fatal motor vehicle accident caused by an intoxicated 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.

The Orange County Register reported yesterday that an Anaheim Hills doctor accused of sexually molesting patients during exams was stripped of his medical license.  The California Medical Board revoked the license of Dr. David Hung Do, 40, after five female Kaiser Permanente patients alleged that he examined them inappropriately between 2006 and 2008.  In September, he pleaded not guilty to four counts of sexual battery.  Medical board documents conclude that Do engaged in sexual misconduct with three of the patients.  He was terminated from Kaiser and later arrested by police.  The criminal case has yet to be resolved.

See the Register story and photo HERE.

The Medical Board concluded the allegations against Dr. Do were established by "clear and convincing evidence."  His testimony before the Medical Board was described as "deliberately evasive" at times and that of at least one of his three victims was described as "plausible, direct, restrained and without evasion."  Not surprisingly, Dr. Do's conduct was found to have committed repeated acts of sexual misconduct and gross negligence, necessitating revocation of his license.  See the Medical Board Decision HERE.

Unfortunately, a small number of physicians have in the past and will in the future take advantage of their patients, like Dr. Do.  When this occurs, the patient has the right to pursue a civil action in court in order to receive compensation for the emotional and any physical injuries sustained.  To their credit, most of the women victimized by Dr. Do came forward and reported the incidents to Kaiser and to the authorities.  Several victims pursued civil claims and/or lawsuits against the doctor as well.  Three of those have been reported by the Medical Board as resolved.

Compensation for victims of sexual abuse and harassment committed by physicians should be an important concern for all Californians.  When a doctor engages in sexual misconduct they should be held accountable, and their victims should be compensated.  An Orange County malpractice 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 assault 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 by a physician?

• 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 story in the Press Enterprise, a San Bernardino Superior Court judge ruled today that two men will be tried on charges of vehicular manslaughter in the death of a professional bicyclist in Highland.  Patrick Roraff and Brett Morin, both 19, each face a single count of manslaughter in the death of Jorge Alvarado in April 2010.  After a preliminary hearing, Judge John Martinruled that there was sufficient evidence for the two defendants to be tried on the charges.  Authorities contend Roraff and Marin were traveling about 70 mph on Greenspot Road, a narrow rural road, when Roraff attempted to pass Morin.  Roraff apparently lost control, spun across lanes and struck Alvarado, a 27-year-old Ontario resident and member of the Bahati Racing Team.

See the Enterprise story HERE.

In the case above, the two defendants have been charged in relation to Alvarado's death not because they intended to kill him, but because they were driving recklessly such that a serious or fatal accident was the probable result.  Under the California Penal Code, if a death occurs while the defendant is "driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence"  the driver may be convicted of vehicular manslaughter.  The offense which constitutes the "unlawful act" need not be an inherently dangerous misdemeanor or infraction, but it must be dangerous under the circumstances of its commission.  Here, Morin and Roraff were traveling approximately 70 miles per hour on a narrow, rural road.  Regardless of whether the two defendants are convicted of a crime, their speeding and loss of control are reflective of at least simple negligence for which they would be held liable in a civil, wrongful death case.

Compensation for victims of serious injury of fatal automobile collisions, caused by a criminally negligent driver, should be an important concern for all Californians.  When a driver operates their vehicle in an unlawful or reckless manner and causes a serious or fatal accident, they should be held accountable.  An Orange County auto accident 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 those involving serious automobile accidents.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in a motor vehicle collision caused by another’s unlawful or negligent driving?

• 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.

SKECHERS Shape-ups, like other toning shoes, have recently come under fire because of safety concerns.  These unstable shoes have reportedly been linked to a number of serious fall accidents, resulting in very severe injuries.  In spite of the inherently unstable design, these shoes are sold by SKECHERS USA, Inc., without any meaningful warning.

Beyond the lack of warning, consumers are enticed to buy these fairly expensive shoes by some rather bold advertising claims.  The ad campaign by SKECHERS includes claims that their Shape-up shoes can:

(1)  Promote weight loss, (2)  Tone muscles, (3)  Improve posture, (4)  Reduce stress on knees and ankles, (5)  Strengthen and firm the back muscles, (6)  Tighten abdominal muscles, (7)  Improve blood circulation, (8)  Firm leg muscles, (9)  Tone and firm thigh muscles, (10)  Relieve muscle tension and fatigue, and (11)   Allow the wearer to get in shape without setting foot in a gym.

Just this week, the Law Offices of Paul W. Ralph filed perhaps the first products liability lawsuit in Orange County against SKECHERS because of an accident believed to have been caused by the Shape-up shoes.  In addition to claims for product liability, it is alleged in that case that SKECHERS has engaged in unfair business practices in making essentially unsubstantiated claims regarding the benefits of these shoes and in marketing the Shape-ups to the elderly, without adequate warnings.

Compensation for the victims of dangerously defective products, including toning shoes, should be an important concern for all Californians.  When a product, such as toning shoes, causes severe injuries or death, the manufacturer should be held accountable for the injuries and damages they leave behind.  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 Los Angeles Times reported today that an Orange County teacher has been charged with having a sexual relationship with a 17-year-old boy.  Gay Davidson-Shepard, currently a teacher at Mesa View Middle School in Huntington Beach, and her husband, Daniel Alma Shepard, are both charged with multiple felony counts, including oral copulation of a minor, sodomy of a person under 18 and contributing to the delinquency of a minor.  Shepard, formerly a teacher at Westminster High School, is also accused of taking photographs of the sexual acts and asking the student to email him nude pictures of himself.

The district attorney's office is seeking other potential victims in the case and asks anyone with information to contact Det. Michael Nguyen at (714) 548-3742 or Investigator Lou Gutierrez at (714) 347-8794.

See the LA Times story HERE.

The investigation into the alleged crimes is not yet complete, and it will interesting to see what misconduct, if any, occurred while either of the Shepards was on duty teaching.  Assuming it can be shown the school district knew, or reasonably should have known, the victimization was about to occur or was occurring then the district may be held civilly liable for the any injuries and damages sustained by the victim.  If the district had actual or constructive knowledge of the potential for abuse and failed to take steps to prevent these sex crimes from occurring, then the district could be held liable.  Under California law, a school district is not automatically liable when their teachers commit sex crimes against students.  It must be shown the district was somehow negligent.

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 takes advantage of a child in their charge, those responsible for allowing this to occur 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 of experience handling personal injury and sexual assault 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.

According to KTLA news, two women have been charged after a video showing a brutal attack on a teenage girl at a Baltimore-area McDonald's restaurant surfaced on the internet Friday.  Citing the Baltimore Sun, KTLA reported the police have charged a 14-year-old girl as a juvenile, and charges are pending for her 18-year-old accomplice.  The attack apparently occurred on April 18th at the 6300 Kenwood McDonald’s location.   The Sun also also reported that State’s Attorney Scott D. Shellenberger says the attack may be classified as a hate crime because the attackers were both black, and the victim white.

See the KTLA news story and video HERE.

In the video, McDonald's employees can be seen making what appears to be a half-hearted attempt to intervene in the assault.  The vicious attack goes on and on before finally ending only after an elderly woman gets involved and the victim appears to go into convulsions.  Under California law, a property owner has an obligation to provide a reasonably safe environment for their patrons.  This duty requires the property owner and their employees to intervene when a third party criminal assault is imminent or is taking place within the business.  If it can be shown the business owner failed to take the steps required by law and such intervention would have prevented or lessened the injuries and damages sustained, the victim may possess a valid cause of action.  In such cases, it is often necessary to offer the testimony of an expert in private security/law enforcement to address the issue of causation.

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 place of business?

• 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 story in the Los Angeles Times, the Los Angeles County Board of Supervisors agreed yesterday to pay $900,000 to settle a lawsuit by a sheriff's deputy who alleged that his boss sexually harassed him and threatened him with violence.  The victim, Deputy Robert Lyznick, claimed that his supervisor,  Sgt. Charles Dery, threatened him with violence for rebuffing sexual advances.  Dery has claimed the allegations were fabricated, although he did resign from the Sheriff's Department in 2008 after the agency launched an internal affairs investigation into Lyznick's accusations.

See the full LA Times story HERE.

Under California law, in the context of sex discrimination, prohibited harassment includes verbal, physical, and visual harassment, as well as unwanted sexual advances.  In this regard, verbal harassment may include epithets, derogatory comments, or slurs on the basis of sex; physical harassment may include assault, impeding or blocking movement, or any physical interference with normal work or movement, when directed at an individual on the basis of sex; and visual harassment may include derogatory posters, cartoons, or drawings on the basis of sex.  In the case above, the harasser was alleged to have made sexual advances and allegedly touched his victim.  According to the news story, Dery admitted in an interview only to occasionally telling jokes of a sexual nature, but he denied any other wrongdoing.

Compensation for victims of sexual harassment and discrimination should be an important concern for all Californians.  When a supervisor sexually harasses a subordinate, the harasser and the employer 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 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.

According to a KTLA news story, a pedestrian was killed after being hit by a vehicle and then dragged in Walnut Park.  The accident happened around 1 a.m. Monday at the intersection of Pacific Boulevard and California Street.  Citing official police sources, KTLA reported an SUV heading eastbound on California Street ran a stop sign, striking a pedestrian.  The vehicle then dragged the pedestrian a short distance before it hit a tree and then a wall, flipping over on its side in a parking lot.  Tragically, the pedestrian, identified only as a man in his 30s, was killed.  The driver of the SUV, a 23-year-old man, was booked on suspicion of DUI and manslaughter, according to the California Highway Patrol.  This fatal accident is now under investigation.

See the KTLA story and photos HERE.

In the case above, California law provides specific rights to the victim of a felony offense when they pursue compensation for their injuries and damages in a civil court.  For a civil damage action against a defendant based on conduct that has resulted in the defendant's conviction of a felony offense, the Legislature has eased the plaintiff's burdens by waiving filing fees (Government Code, § 70611), giving those actions calendar preference (Code Civil Procedure, § 37), and allowing a prevailing plaintiff to recover attorney fees (C.C.P., § 1021.4).  In this case, the family of the pedestrian will be entitled to the benefit of these California statutes if the driver is convicted of a felony in relation to the accident.  In that wrongful death case, the family will be entitled to recover damages for the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.

Compensation for the family of victims killed in an automobile accident, caused by a driver who causes the death in the commission of a felony, should be an important concern for all Californians.  When a driver operates their vehicle in an extremely reckless manner or while under the influence of drugs or alcohol and causes a fatal accident, they 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 years of experience handling personal injury cases, including those involving wrongful death.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Has a loved one been lost in an accident caused by a driver committing a felony?

• 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 Orange County Register has reported today that four people died and two others were injured when a pickup truck slammed into a tree at about 1:00 a.m. this morning.  The truck, a Chevrolet Colorado, was found wrapped around the tree with the roof smashed down to the doors and beer cans strewn about, said Capt. Paul Schifando of La Habra Fire Station 193.  Reportedly, the truck was speeding down Walnut Avenue in La Habra when the driver, David Huizar, Jr., 22, lost control, slid slide ways and then wrapped the truck around the three-story tree.  Four people were pronounced dead at the scene – the driver, Huizar; Jimmy Gonzales, 22, of Buena Park; Paul Romero, 25 of Fullerton; and Delora Bravo, 22 of La Habra.  Two women, Destiney Mendoza, 25, of La Habra, and Rochelle Romero, 21, of La Habra, were critically injured in the accident and were taken to UCI Medical Center, according to official sources.  Toxicology results are pending to determine if in fact alcohol was a cause of the accident.

See the Register story and photos HERE.

Given the presence of beer cans at the scene, the age of the driver and the speed of the truck before it struck the tree, it seems likely alcohol played at least some role in the happening of this horribly tragic accident.  Assuming that Huizar was intoxicated and/or speeding before he lost control of the vehicle, those injured and the family members of the deceased victims possess valid claims against Huizar's estate and the insurance policy (if any) on the Colorado.  Monetary compensation can certainly do very little for the injured and the families who must now deal with the aftermath of this accident.  However, accountability is very important in our system of civil justice and, likewise, monetary compensation is the best we have to offer innocent victims.  Unfortunately, we cannot turn back time and undo the harm that has been done and will remain forever.

Compensation for victims of serious injury or fatal automobile accidents, caused by reckless or intoxicated drivers of any age, should be an important concern for all Californians.  When a driver operates their vehicle in a careless or reckless manner and causes a serious accident, they 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 years of experience handling personal injury cases, including those involving fatal automobile accidents.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a serious or fatal motor vehicle accident caused by another’s negligence?

• 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, the autopsy of a woman who died after undergoing lap band surgery revealed that she died as a result of "suboptimal care".  Citing official sources, KTLA reported that the victim, Tamara Walter, 52, underwent the lap band surgery on December 22, 2010, at the Wilshire Beverly Hills Surgery Center.   During the procedure, Walters coded and was rushed to Cedars-Sinai Medical Center where she was eventually removed from life support the day after Christmas.  The coroner's report placed the blame on the anesthesiologist, identified by the Walter's family as Marina Del Rey physician Dr. Daniel Shin.  According to state medical records, Shin's medical license was under review at the time of the surgery for assaulting a process server with a meat cleaver.

See the full KTLA story HERE.

In general, during surgery it is the responsibility of the anesthesiologist to ensure the patient's vital signs remain stable and to make the surgeon aware of any significant downturn in the patient's condition.  What breach of the standard of care Dr. Shin committed, if any, will have to proven in court, assuming a civil lawsuit for wrongful death is filed.  In a civil case, the plaintiff (in this case Walter's family) must prove the defendant breached the standard of care for a specialist under the same or similar circumstances and that such negligence was the cause of Walter's death.  In order to prove that negligence was the legal cause of a patient's death in a medical malpractice action, it must be shown by competent expert testimony that the neglect was the cause of death to a reasonable medical probability.  Essentially, this standard is met if the expert testifies the malpractice was more likely than not the cause of death.

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, they should be held accountable.  An Orange County malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling wrongful death 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.

KTLA news is reporting today that the Dodgers are looking for ways to improve fan safety in the wake of the Brian Stow beating on opening day.  For example, half-price beer will no longer be sold during baseball games at Dodgers Stadium, presumably in an effort to reduce the number of intoxicated and unruly fans at the park.  Dodgers owner Frank McCourt also agreed to create a computer mapping and crime tracking system for the stadium similar to the one the LAPD uses to monitor crime patterns and hotspots throughout Los Angeles.  LAPD Chief Charlie Beck promised to dramatically increase police presence at games as well.

See the full KTLA story HERE.

Dodger Stadium has long had a reputation for having inadequate and/or heavy-handed security.  A number of videotapes on You Tube depict Dodger Security Department employees using what appears to be excessive or unnecessary force.  Currently, Mr. Ralph's office is representing a Dodger Stadium patron who was thrown violently to the ground and handcuffed after he allegedly "pushed" a member of the security staff.  The patron denies making any physical contact with the security employee, and, even though the Los Angeles Police Department was called to the scene, the patron was not taken into police custody nor was he ever charged with any crime.  Interestingly, the paperwork completed by the security staff banishing the patron from the park indicates he was told to leave the park for using profanity, not assaulting a security employee.  The civil lawsuit against Dodger Stadium is currently set for trial in April of 2012.

Compensation for the victims of security misconduct should be an important concern for all Californians.  When an innocent patron is assaulted and/or arrested by private security, the business owner should be held accountable and compensation paid to the victim.  An Orange County security misconduct 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 just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you been a victim of an unlawful arrest by security?

• 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 story in the Orange County Register, a man police suspect of driving under the influence of alcohol injured three people after destroying a bus bench, crossing all lanes of 17th Street and striking another vehicle Friday night.  Citing authorities, the Register reported the man was driving a Dodge Caravan in a Rite Aid parking lot about 8 p.m. when he went over a curb, through a city bus bench, across both lanes of 17th Street near Orange Avenue and into the parking lot of a 7-Eleven store on the other side of the street. The Dodge struck a pickup truck in the 7-Eleven parking lot, injuring all three occupants.  The pickup driver injured a leg, while two other occupants were taken to a hospital complaining of back pain.  Police have not yet decided whether the unidentified suspect will be arrested on drunk driving charges.

See the Register story and photographs HERE.

Assuming the driver of the Dodge was under the influence of alcohol or a controlled substance, he may be liable not only for the injuries and property damage he caused, but he may also be liable for punitive damages and attorney's fees.  Under California law, in an action for damages against a defendant based upon that defendant's commission of a felony offense for which that defendant has been convicted, the court may, upon motion, award reasonable attorney's fees to a prevailing plaintiff against the defendant who has been convicted of the felony.  (California Code of Civil Procedure § 1021.4) Additionally, when someone willfully consumes alcoholic beverages to the point of intoxication, knowing that he thereafter must operate a motor vehicle, thereby combining sharply impaired physical and mental faculties with a vehicle capable of great force and speed, they may be found to have exhibited a conscious disregard of the safety of others, justifying an award of punitive damages.  California courts have permitted such a recovery whether or not the driver had a prior history of drunk driving incidents.  The allowance of punitive damages in such cases is considered appropriate because of another reason, namely, to deter similar future conduct, the "incalculable cost" of which is well documented.

Compensation for victims of automobile accidents, caused by an intoxicated driver's recklessness, should be an important concern for all Californians.  When an impaired driver operates their vehicle when they know or reasonably should know of the potential consequences, they 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 years of experience handling personal injury cases, including those involving drunk driving accidents.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured in a drunk driving 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.

Late Thursday night, a speeding SUV slammed into a light pole at a high rate of speed, killing two women and critically injuring two other adults.  The Press Enterprise reported that a child in the vehicle, restrained in a car seat, was left unscathed in the accident occurring at unscathed, in the crash occurring at Indio Boulevard and the Monroe Street access road.  Among those reportedly killed in the collision was Andrea Arias Chavez, 36 years-old, of Coachella, according to Riverside County coroner's officials.  According to the article, the critically injured are a man and a woman.  The accident was reported by police officers who were in the neighborhood investigating a burglary alarm call when they heard the crash.

See the Enterprise story HERE.

While the exact cause of this tragic accident is still under investigation, it seems a logical inference that excessive speed may have played a role in the crash.  The vehicle was described as having been "wrapped around a light pole", and to accomplish that would likely take a significant amount of speed.  Because of the severity of the accident and the death of two people, a detailed investigation will likely be completed, including a full accident reconstruction.  In accidents such as this, the reconstruction will probably involve skid mark and metal deformation analysis, a roadway assessment (to determine if the configuration/maintenance of the roadway was a contributing factor) and the gathering of eyewitness accounts, assuming there were any.  The tragic collision reportedly happened at about 11:30 p.m. so investigators will likely interview witnesses to determine what the vehicle occupants had been doing in the hours prior to the collision.  It goes without saying, a forensic analysis of the driver's blood-alcohol content and/or testing to determine what drugs, if any, were found in the driver's system will be performed.

Compensation for the victims of motor vehicle accidents resulting in serious injury and/or death should be an important concern for all Californians.  When a driver negligently operates their vehicle, they should be held accountable for the injuries, damages and devastation 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 nearly 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 family been injured in a 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.

The Press Enterprise reported today that a 5-year-old girl died at approximately 3:00 p.m. on Tuesday after being injured in a two-vehicle collision in Mead Valley.   Janet Gomez, of Perris, died at 3:08 p.m. at Riverside County Regional Medical Center in Moreno Valley, about 45 minutes after the collision at Kinney and Haines streets, the coroner's office said in a news release.  Janet was a passenger in one of two vehicles, reported to be a Jeep and a small sedan. Citing Fire Department sources, the Enterprise reported five other people were injured, two suffering moderate injuries, and three with minor injuries.

See the story HERE.

In an unrelated incident, a 40-year-old Hesperia man died last night after a motorcycle crash in Colton.  Citing San Bernardino County coroner's officials, the Enterprise reported the accident occurred at 5:09 p.m. Tuesday.  The motorcycle rider, John Steven Lang, was riding a 2002 Yamaha north along Iowa Street south of the Interstate-215 on-ramp when he collided with a 1997 Ford utility truck traveling in the same direction.  According to the article, the investigating police officer has apparently concluded Lang was passing on the right when he collided with the front end of the Ford utility truck.  The victim died at  5:58 p.m. at Loma Linda University Medical Center.

See the story HERE.

The above accidents are still under investigation, and it is unknown what will be determined as the primary cause of these two tragic collisions.  Since both accidents happened during daylight hours, lighting was apparently not an issue.  However, the accident involving Lang may involve a visibility issue in that the truck driver apparently did not see Lang in time to avoid the collision.  With regard to Lang's apparent passing on the right, the California Vehicle Code does contain the following relevant provision:

§ 21755.  Passing on right safely (a) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting that movement in safety. In no event shall that movement be made by driving off the paved or main-traveled portion of the roadway...

Here, it is unknown why and under what circumstances Lang reportedly attempted to pass the utility truck and whether that turning maneuver was reasonably safe.  Accident reconstruction, based on photographs, debris location, roadway marks and eyewitness accounts, will likely solve this tragic puzzle.

With regard to the accident in Mead Valley, involving little Janet Gomez, the primary cause and any related, contributing factors remain to be seen.  However, whenever a child of this age, 5 years, is the only one killed in an automobile collision the use of appropriate seating is to be considered.  In California, Vehicle Code § 27360 requires (with certain exceptions) the use of a child passenger restraint system or safety belt if the child is less than 6 years old or weighs less than 60 pounds.  It is highly likely the investigating agency looking into the Gomez accident will consider this an important factor in determining whether this tragedy could have been avoided.

Compensation for victims of automobile accidents, caused by a driver’s negligence, should be an important concern for all Californians.  The same holds true for the victim's families.  When a driver operates their vehicle carelessly a fatal accident, they 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 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 lost a loved one  in a 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 Los Angeles Times reported today that a female patient has alleged she was sexually assaulted by a hospital worker at St. Joseph Hospital in Orange.  According to the article, the patient was in the Emergency Department on March 8th when the incident took place.  The next day, the woman told hospital officials that a patient care technician had assaulted her.   Officials at the hospital then reported the incident to police, who have not yet interviewed the subject employee, a department spokesman said.  An official with the state Department of Public Health said the agency also has opened an investigation but declined to provide further details.

See the story HERE.

Putting aside for the moment the criminal culpability of the alleged perpetrator, the victim may also have the right to compensation against not only the perpetrator but the hospital as well.  However, under California law, a hospital generally has not civil liability for the sexual misconduct committed by their employees, unless the hospital was aware of  a prior, similar incident involving the same patient care technician or for some other reason the assault was foreseeable, and there was a failure to take appropriate, preventative measures.  For example, if the worker had a history of sexual harassment of females employees but was still permitted to treat female patients without adequate supervision, then the hospital may be liable.  Additionally, if on March 8th (but prior to the incident) the hospital was made aware of conduct (such as salacious comments, etc.)  directed at the victim but failed to take action, St. Joseph may be held liable.

Compensation for victims of sexual abuse and harassment occurring in a hospital or health care setting, should be an important concern for all Californians.  When a hospital or other medical facility allows their employee to commit sexual misconduct, when they knew or should have known it could happen, 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 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 a victim of sexual abuse in a hospital or health care setting?

• 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 the Associated Press, a tour bus reportedly carrying 31 passengers crashed today on the outskirts of New York City and killed 14 people.  The driver has indicated he was trying to avoid a swerving big rig when he lost control and crashed.   The Associated Press, citing police sources, has reported the bus was essentially cut open from end to end after crashing into a roadway sign.  As many as 20 passengers were treated at area hospitals.  Eight are listed in serious condition.  Some of the passengers aboard the bus were apparently asleep during their early morning trip from the Mohegon Sun casino in Connecticut to New York.  The crash happened at 5:35 a.m. on the outskirts of New York City, in the suburb of Hawthorne.

See the full story HERE.

Under California law, generally bus owners and operators must “use the utmost care and diligence for their passenger’s safe carriage, must provide everything necessary for the purpose, and must exercise to that end a reasonable degree of skill.”  Bus companies and public entities operating bus lines are known in the law as “common carriers”.  When they undertake the business of transporting the general public they bind themselves to carry safely those whom they take into their vehicles, and owe both a duty of utmost care and the vigilance of a very cautious person towards their passengers. Such carriers are responsible for any, even the slightest, negligence and are required to do all that human care, vigilance, and foresight reasonably can do under all the circumstances.

Compensation for the victims of bus accidents, caused by another’s negligence, should be an important concern for all Californians.  When a bus operator or other driver operates their vehicle in a careless or reckless manner, 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 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 bus accident caused by neglect?

• 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 Associated Press reported today that a 9-year-old boy and a Time Warner cable employee have been honored for their quick actions after a pit bull attacked a 3-month-old baby inside an upstate New York home last month. The Saugerties Town Board on Wednesday presented awards to Skyler Sprague and 33-year-old Dave Dargan for their bravery during the attack at the home of the woman babysitting the infant, Jordan Bonelli.  A pit bull belonging to the babysitter's son attacked the babysitter as she held the infant just as Dargan arrived for a routine call. Dargan jumped on the dog and held it down while Skyler called 911.  Police soon arrived and fatally shot the dog.

Jordan was hospitalized for serious bite wounds, but his mother told the Daily Freeman of Kingston that her son is expected to make a full recovery. See the full story HERE.

If this attack had occurred here in California, the owner of the pit bull would be strictly liable for the injuries sustained by little Jordan.  California's dog bite statute, Civil Code Section 3342, has been recognized as imposing a duty of care on every dog owner to prevent his or her dog from biting persons in a public place or lawfully in a private place.  Under the statute, the owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.  Simply stated, the statute is designed “to prevent dogs from becoming a hazard to the community” by holding dog owners to such a standard of care, and assigning strict liability for its breach.

Compensation for the victims of serious or fatal dog bites is an important concern for all Californians.  When a victim is attacked and badly injured or even killed, the dog’s owner should be held accountable for any injuries and damages suffered.  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 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 bite?

• 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 report, the kidney transplant program at USC University Hospital was voluntarily shut down last month after it was discovered a patient had received the wrong kidney.  Fortunately, the donor kidney was from a patient who was at least a suitable match for the recipient, and there does not appear to have been any adverse consequences to the patient.   The hospital described the mistake as the result of a processing error.  The mix-up apparently occurred after two kidneys, from separate donors, arrived at the transplant center around the same time on January 29th.  The hospital has been conducting a review of clinical procedures and safeguards since shutting down, and the review is expected to be complete shortly. The hospital will consider resuming transplants at that time.

Read more HERE.

What the case above demonstrates is the type of problem commonly scene in hospitals throughout Southern California.  Here in Orange County for example, there have been reported incidents of patients having the wrong procedure and others who have had surgical implements left inside them.  For example, in one instance, a kidney transplant patient in Orange County was scheduled to have a 19 cm plastic stent removed from his abdomen during a post-operative visit to his surgeon's office.  However, in spite of documentation that the stent was indeed removed, it was found in the patient roughly 6 years later when it had become encrusted, causing a serious infection and related cardiac event. In yet another recent case, a young girl was scheduled to have a surgical procedure performed on her top lip (gum line), but the surgeon inadvertently performed the surgery on her tongue.  The young girl thereafter underwent the correct procedure approximately one month later.

Compensation for victims of medical neglect, should be an important concern for all Californians.  When a physician is not qualified to perform a procedure or for some owther reason performs surgery negligently, 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 a victim of medical neglect?

• 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 report in the Orange County Register, a 50-year-old man was struck and killed in Fountain Valley while crossing Brookhurst Street on Wednesday night.  The man was either walking or pedaling his bike across Brookhurst at Niagara River Avenue, when he was hit by a Volkswagen Beetle traveling northbound on the roadway just before 6:30 p.m.  The man was reportedly thrown about 50 feet, and was pronounced dead at the scene.  The driver of the Volkswagen was taken to a nearby hospital with what were described as minor injuries.  According to the report, investigators say it was dark at the time of the collision, and the man didn't have lights on his bicycle.

See the full story HERE.

The investigation into the accident is not yet complete and the fine details have yet to be reported.  However, examination of the scene of the accident and any physical evidence remaining will be important in determining responsibility for this Orange County pedestrian accident.  Assuming it was dark outside, then a question is raised as to whether the driver of the Volkswagen had an opportunity (given her speed and that of the pedestrian) to avoid the accident.  Assuming the victim was walking his bicycle and he was well into the street, the question becomes one of time and distance.  The driver of the automobile, if traveling at a safe speed, should have time to see, perceive and react to the pedestrian in the roadway in sufficient time to avoid the accident.  This analysis changes if the victim was pedaling his bicycle with any meaningful speed as his sudden appearance in the road might absolve the driver of some, if not all, of the fault for this auto accident.

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 personal 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.

An assistant coach from Moreno Valley and his family were killed in a traffic accident on Saturday, February 12th.  Ryan Villalpando, 32-year-old assistant football coach, was killed in a crash on the 15 Freeway along with his 29-year-old wife Veronica, their 4-year-old son Mateo and infant, Bella Rose.

The collision, which happened around 12:35 p.m. Saturday in Ontario, involved three tractor-trailers, a U-Haul truck, and two passenger vehicles, south of Jurupa Avenue.  Villalpando's car was reportedly sandwiched between two tractor-trailers and was completely engulfed in flames when firefighters arrived on scene.

See the full story HERE: 

The responsibility for this horrific accident will likely be determined by accident reconstruction experts.  Based on the physical evidence and photographs taken at the scene (as well as eyewitness accounts), investigators will have to piece together the accident sequence.  The analysis of an accident like this often requires examination of the mechanical components of the vehicles involved to determine whether a defect caused or contributed to the happening of the accident.  Skid marks, metal deformation and paint transfers will likely play some role in determining how and why the collision occurred.

Compensation for victims of chain reaction traffic accidents, should be an important concern for all Californians.  When a driver operates their vehicle carelessly and causes an accident with a number of other vehicles, 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 a chain reaction 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 report in the Orange County Register, a bicyclist was seriously injured after being struck by a bus Wednesday evening in Fullerton.  Citing police sources, the Register reported a man on a mountain bike was attempting to cross Euclid Street and was struck by a small Orange County Transportation Authority bus traveling northbound on the roadway at Laguna Road about 5:10 p.m., Fullerton police Sgt. Andrew Goodrich said.  Based on the initial investigation, police believe the bicyclist rode down a bike loop right before crossing Euclid, Goodrich said.  

He apparently crossed against a red light, Goodrich said. The bicyclist was airlifted to a local hospital because of the severity of his injuries.  The victim is believed to be in his 60s and police sources indicated he was in critical condition following the accident.  Authorities are asking anyone who witnessed the collision to call investigator Brandon Clyde at 714-738-6812 or the front desk of the Fullerton police station at 714-738-6715.

See the full story and photos HERE.

This accident is one that will almost certainly require the opinion of an accident reconstruction expert in order to establish fault, which may well be apportioned between the bicyclist and the driver of the bus.  Depending on the speed of the bicycle and that of the bus, it may well be that the bus driver should have been able to see the bicyclist in time to avoid an accident.  That amount of time necessary to avoid an accident, at least in these situations, is generally referred to as "perception-reaction" time.  In general, that span of time is often described 1.5 seconds.   In the case above, the accident occurred before dusk in a relatively open, flat area of roadway.

Compensation for victims of traffic accidents, including those struck while on a bicycle, should be an important concern for all Californians.  When a driver operates their vehicle carelessly and strikes a bicyclist, 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 a automobile versus 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.

In a story reported in the Orange County Register, two people were killed after a 21-year-old man suspected of driving under the influence crashed into another vehicle while driving the wrong way on the eastbound 91 in Anaheim.  Citing sources with the coroner's office, the Register reported that Vanessa Cease, 24, of Long Beach and Alan Reyes, 26, of Diamond Bar were pronounced dead at the scene of the crash, said coroner officials.  According to CHP officer Denise Quesada, Anthony Louis Fragoso, 21, of South Gate, driving a 1996 Mercedes, was traveling westbound on the eastbound 91 car-pool lane about 12:50 a.m.  As he approached the Harbor off-ramp, he collided head-on with the 2006 Toyota Scion that Reyes was driving, Quesada said.  Reyes and Cease, his passenger, were pronounced dead at the scene, according to the CHP spokesperson.

Fragoso suffered major injuries and was taken to UCI Medical center in critical condition where he was arrested on suspicion of DUI, Quesada said.  See the full story and photographs at http://www.ocregister.com/news/quesada-284734-dead-driving.html

Based on the facts reported, there is little to no doubt Fragoso would be liable for the deaths of Reyes and Cease.  In California, their surviving family members may bring an action for the loss of the familial relationship caused by this tragic accident.  Under the law, Fragoso's wrong-way driving and/or driving while intoxicated amounted to statutory violations, and in any civil case this would be proof of "negligence per se".

Compensation for the victims of motor vehicle accidents should be an important concern for all Californians.  When a driver negligently, or while intoxicated, operates their vehicle, they should be held accountable for the injuries, damages and devastation they leave behind after an accident.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has nearly 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 by a 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.

According to news reports, at least two people were killed and several others injured in a traffic collision that shut down the 210 Freeway on Thursday night.  Emergency personnel responded to the scene at about 6 p.m., and the incident reportedly occurred in the eastbound lanes at Mountain Avenue.  At least nine vehicles and a tractor-trailer combination were involved in the fiery collision.

One person was apparently declared dead at the scene of the accident, prompting call and response by the San Bernardino County Coroner’s Office.   The cab of the big rig was completely blackened by fire, and several other vehicles were also destroyed by fire.  The cause of the accident is still under investigation, and initial reports seem to rule out the possibility of drugs or alcohol being a factor. http://www.dailybulletin.com/rss/ci_16653819?source=rss

When horrific collisions like this occur on California freeways, it is a reminder to all of us who get behind the wheel that nothing should be taken for granted.  Through no fault of a driver, a cascade of unfortunate circumstances can unfold in just a second, causing serious, permanent injury and even death.  While negligence likely played a role in the happening of this accident, it was probably the fault of no more than one or two of the drivers involved.  Consequently, in all likelihood there are at least seven innocent victims in this tragedy, not to mention their friends and families who will have to deal with the aftermath.   While perfect justice cannot be achieved (since we cannot undo all of the harm and loss of life), it is important that the victims in a situation like this are compensated and the responsible party or parties held accountable.  Our civil justice system is premised on these ideas compensation and accountability, intended to bring about a fundamental fairness necessary to maintain the civility we have all come to expect.

Compensation for victims of auto/truck accidents, caused by someone’s negligence, should be an important concern for all Californians.  When a driver operates their vehicle recklessly and/or recklessly and causes a serious traffic collision and injuries or death, 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 involved in a freeway collision caused by another’s neglect?

• 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 night, another bar fight resulted in serious injuries to an apparently innocent victim.  Outside of the Lucky John's bar in Fullerton, following an altercation inside the bar, a patron was stabbed and had to be taken to a nearby hospital for emergency treatment of his wounds.  A 31 year-old male was arrested on felony charges for assault with a deadly weapon.  The knife apparently used in the crime was recovered from the parking lot.  The Fullerton Police Department (714-738-6800) is still looking for the second suspect, described as a male about 5'9", with a shaved head.

The law as it relates to an assault occurring on a business owner's property is complex, but it does provide for victim compensation when the business owner could have done something to prevent the injuries from occurring.  California law generally requires a business operator to use reasonable care to protect their guests from another person's harmful conduct on their property if the owner can reasonably anticipate such conduct.  The critical issue in these cases is generally whether the business proprietor knew or reasonably should have known of the dangerous propensity of the attacker before the incident occurred.  Also, putting aside the individual assailant, sometimes liability will be found where the nature or location of the business is inherently dangerous and little to no security was provided.  The next step in the legal analysis is to identify the criminal conduct that could have been prevented had the business taken the proper measures and what injuries would have been avoided.

Compensation for the victims of violent crimes is an important concern for all Californians.  When a business invites guests onto their property they should be held accountable if they fail to provide a reasonably safe environment.  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.  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 occurring within a business?

• 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.

Get valuable information from a professional personal injury attorney regarding auto & bus accident injury, medical malpractice, dog bite injury and from many other topics discussed here. You are welcome to leave a comment on any of our blog posts.