California Accident & Injury Information

After a drunken driving crash left a pregnant woman, her unborn child and a club patron dead, Diamonds Gentlemen’s Club in Chicago reached a $1 million settlement. The husband of April Simmons, who was eight months pregnant at the time of the auto accident, received $800,000 and the family of John Chiariello, a passenger in the car that hit Simmons, received the remainder of the settlement.

In January 2006, after they had gotten drunk and kicked out for vomiting in a bathroom, John Homatas and Chiariello were put into Homatas’ car by a Diamond employee and drove off. Fifteen minutes later they ran head-on into Simmons SUV on Illinois Highway 25.

Diamonds argued that because they do not serve alcohol, they were not responsible for Homatas’ actions. In March, the Illinois Supreme Court ruled that the club had some responsibility for the accident because they allow patrons to bring in their own alcohol. The $1 million that Diamonds settled for was the maximum on their insurance policy.

Homatas was found guilty in 2007 of aggravated DUI and reckless homicide and is now serving a 12-year prison term. He recently settled for $200,000, the maximum on his insurance policy, in a civil court case.

The Georgia Department of Transportation has reached a $600,000 settlement and offered a formal apology to the Heller family, for the wrongful death of Patricia Heller, who was instantly killed when her taxi crashed into a tree off I-85 in 2003.

A healthcare consultant, Patricia Heller had just arrived in Atlanta to meet with her new employers to discuss opening a Boston office. She was heading from Hartsfield-Jackson airport, when her taxi hydroplaned on the rain-slick road and crashed into a tree, killing her instantly.

The wrongful death lawsuit, which was filed by Edward Heller on behalf of his wife, revealed that the city of Atlanta had inspected the vehicle the day before and passed it, despite it having bald tires. The lawsuit also accuses the DOT of negligence, for poor interstate design and allowing the tree to grow so close to the roadway.

After seven years of waiting for the trial, Mr.Heller decided to not appeal the case and negotiated a settlement that included an apology from the DOT. The city of Atlanta has now been dismissed from the case, but the lawsuit will proceed against the estate of the taxi driver, who has since passed, United Express Cab Company and the former city inspector. Mr. Heller is asking for a judgment of more than $11 million in lost earnings, medical expenses and punitive damages.

In personal injury news, Ford Motor Company will pay $21 million to a woman injured in a SUV rollover accident in Riverside County. On March 23, 2007, the plaintiff, Cynthia Castillo, 38, was driving a 1997 Ford Explorer when the tire tread separated and the vehicle veered off the roadway and overturned several times before striking a tree. Castillo suffered serious injuries and became a quadriplegic. She is no longer able to walk and requires the use of a motorized wheelchair.

Castillo brought a lawsuit against Ford Motor Company, tire manufacturer Michelin North America Inc., and tire vendors Jaime Martinez and Alfredo Martinez, who were doing business as Corona Battery & Tire, alleging a design defect in the Ford Explorer. All of the parties, except for Ford, reached settlements prior to trial. Ford initially tried to settle the case for $1.2 million.

At trial, Castillo’s attorney argued that the solid rear axle and placement of the shock explorers on the SUV caused the vehicle to “trap and skate,” resuiting in loss of control as the tire detreaded. Although Ford tried to blame the SUV rollover accident on the high mileage on the vehicle and shocks not being replaced, the age of the tires, and excessive steering, the jury unanimously found Castillo was only 1.5% liable, Corona Battery and Tire was 7% liable, and Ford was $91.5% liable. Castillo will recover $21,343,585.55 from Ford for past and future medical expenses, past and future loss of ability to provide household services, past and future lost earnings, and past and future pain and suffering.

Three people were taken to Inland Empire hospitals after a rollover crash early Sunday, April 26th in the Perris-area community of Nuevo, authorities reported. The accident, which involved a red Chevy Tahoe with Arizona plates, occurred shortly before 3 a.m. on Nuevo Road between Gibson Avenue and Montgomery Avenue. At least one of the three occupants of the vehicle was ejected. Two people were taken to Riverside County Medical Center in Moreno Valley, and a third was taken to Inland Valley Regional Medical Center in Wildomar. The cause of the SUV rollover accident remains under investigation; it is not known if alcohol was a factor in the collision.

Two people died in a head-on collision in Kings County Saturday morning, the CHP reported. The April 10th crash occurred at about 6:30 a.m. on Saturday, April 12th on Highway 41, north of Stratford. The driver, Ruben Lopez, 65 of Visalia, was driving south on Highway 41 when his Chevy Silverado drifted into northbound lanes, and struck a 1997 Pontiac Grand Am vehicle head-on. The 87-year-old man driving the Pontiac and his 63-year-old female passenger, both of Kettleman City, died at the scene of the crash. Lopez was arrested on suspicion of driving under the influence of alcohol and was taken to Community Regional Hospital in Fresno.

APRIL 13, 2010 – One woman died following a head-on collision on Highway 128 Tuesday morning, the Ukiah Daily JournalTwo people were hospitalized Tuesday morning following a collision involving four vehicles in Coachella, authorities reported. The accident occurred on Avenue 52, just east of Van Buren Street, shortly after a.m. April 13th. Two drivers were taken to local hospitals with non-life-threatening injuries. The cause of the crash was not immediately available.

APRIL 7, 2010 – One woman died following a head-on collision on Highway 128 Tuesday morning, the Ukiah Daily Journal reported today. Two other people were injured in the crash. The April 6 accident occurred on State Route 128 near mile marker 6.08, about six miles east of Highway 1, at about 11:25 a.m. According to authorities, the woman who died was driving a 1989 Honda Civic that swerved and struck a 1998 Mercedes head-on. She suffered major injuries in the collision and was flown to Ukiah Valley Medical Center, where she died. The two occupants in the Mercedes, a man and woman from Pasadena, suffered minor injuries. The cause of this Highway 128 head-on collision remains under investigation.

APRIL 6, 2010 – A 93-year-old man was killed Saturday morning in a chain-reaction auto accident in San Mateo County involving five vehicles, authorities reported. The man, Felix Bilbao, of Belmont, was a front-seat passenger in one of the vehicles that struck another vehicle on westbound Ralston Road, near the intersection of Old Country Road at about 11:30 a.m. The collision reportedly caused a pileup accident that involved five vehicles. Bilbao was taken to San Mateo Medical Center where he died of his injuries. No one else was injured in the crash. Police are investigating the cause of the accident.

APRIL 2, 2010 – The Riverside County Sheriff’s Department is asking the public’s help in locating the driver of a maroon or burgundy SUV that struck a young child in Coachella Thursday afternoon. According to KPSP Local News, the Coachella hit-and-run accident occurred in the 86-100 block of Calle Geranio, between Highway 111 and Highway 86. The child was hit at about 4:30 p.m. and rushed to a local hospital, but is expected to survive. Anyone with information may call investigators at (760) 863-8990, or to remain anonymous, call Valley Crimestoppers at (760) 341-STOP.

MARCH 31, 2010 – Two people died Wednesday afternoon in a horrific crash on the Richmond Parkway, police reported. The crash, which happened at about 12:45 p.m. occurred on southbound Richmond Parkway between Gertrude Avenue and North Castro Street. According to reports by CBS 5 News, the pickup truck was travelling northbound on Richmond Parkway when the driver lost control of the vehicle and crossed over the median into southbound traffic. The school bus, which had no children on board, struck the pickup truck and landed on top of it. The bus driver was not injured. The two occupants of the pickup truck died in the accident. The cause of the Contra Costa County accident remains under investigation.