TECATE – A 31-year-old San Diego woman tragically died Sunday after a collision on the 94 Freeway, CBS 8 News reported. The woman was riding a motorcycle eastbound on the 94 when she was cut off by a Ford F-150 truck making a left turn from Emery Road onto westbound 94. The CHP said the female motorcyclist, who was wearing full safety gear, had no time to swerve out of the path of the pickup and collided with the driver’s side of the vehicle. The driver of the Ford -150 suffered only minor injuries from the broken glass. The CHP is investigating the cause of the fatal crash. The collision was reported at 12:20 p.m. on March 3, 2013. According to the CHP, it did not appear that drugs or alcohol were a factor in the collision.
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CONTRA COSTA COUNTY – A 54-year-old Walnut Creek, CA man accused of fatally striking a Santa Barbara math teacher last September has pleaded not guilty in Contra Costa County Superior Court, Mercury News reported. The defendant, Hossein Tabrizi, was allegedly under the influence of the anti-anxiety medication Lorazepam when he allowed his pickup truck to go onto a sidewalk and strike 52-year-old Sherry Hicks, and her 24-year-old daughter-in-law, Sheng Hahn. According to the news report, just prior to the accident, Tabrizi had been seen passed out behind the wheel at a downtown stoplight. A concerned citizen shook him awake, and he continued on his way. He was pulled over by police and released after passing a field sobriety test. The fatal crash that killed Sherry Hicks occurred just a few moments later.
SAN DIEGO – Last month, a San Diego jury awarded $120,000 to a woman who was bit by a pit bull at a party. In 2009, the victim attended a house party in the defendant’s home. After a noise complaint by neighbors, the party was brought inside. The woman went to smoke in what she thought was another room, but accidentally entered the garage, where she was attacked by the defendant’s pit bull. She suffered injuries to her lip and chin requiring plastic surgery. Four and a half hours after the attack, the plaintiff’s blood alcohol level was .189 at the hospital emergency room. At trial, the defendants contended that the plaintiff was contributorily negligent and her injuries resulted from the fact that she opened the wrong door due to her level of intoxication. The jury found no contributory negligence on the part of the plaintiff despite her level of intoxication at the time.
Two survivors of the Super Bowl Sunday tour bus crash in Yucaipa have filed a lawsuit, the Long Beach Press Telegram reported February 22nd. The two individuals, Pamela Morales, and her mother Guillermina Morales, filed the complaint in San Bernardino Superior Court on Friday morning. The complaint alleged that the bus companies involved were negligent and failed to properly maintain their vehicles. Seven people died in the crash including Fred Frichardson, 72, the driver of a pickup truck that was struck head-on by the bus after it went out of control. There were 38 passengers on the bus, which had gone from Tijuana to Big Bear Lake, and was making it’s way back to Mexico when the driver lost control of the bus at about 6:30 p.m. on Highway 38, northeast of Bryant Street. Guillermina Morales suffered a fractured leg, pelvis and arm in the crash.
ORANGE COUNTY – In December, an Orange County jury awarded $59,742 to a 25-year-old man who was struck by an SUV in 2010 in a Newport Beach crosswalk. The victim suffered a fractured cheekbone, broken teeth, and assorted scrapes and bruises. Prior to trial, the defendant offered $5,000 to the plaintiff. The jury found the plaintiff was 30% negligent. After reduction for contributory negligence, the plaintiff received $41,819.00
PHILADELPHIA – A wrongful death lawsuit was filed last week by the family of a Claymont, Delaware man who died in May 2012 after being crushed by a roll of newsprint about to be unloaded from a train car at the printing plant for the Philadelphia Inquirer and Daily News. Defendants in the suit include Arcellor-Mittal, the Great Northern Paper Co., and Philadelphia Media Network and Philadelphia Newspapers, former owners of The Inquirer and the Philadelphia Daily News. According to the suit, Jefferson Troester, 43, an assistant engineer with Arcellor-Mittal Railways, Inc. was opening the doors of a rail car when two rolls of 4-foot by 4-foot newsprint fell out, each weighing approximately 1,500 pounds. One of the rolls landed on Troester. The roll was so heavy that getting it off of Troester’s body took several hours. The lawsuit alleged that the defendants failed to secure the newsprint rolls in the train, causing them to move around during transport. The suit also alleged that there was no procedure in place for safely opening the doors.
LAS VEGAS – Last week a father filed a wrongful death lawsuit following his 7-year-old son’s death on November 30, 2012. In the days leading up to Roderic “RJ” Arrington’s death, officials at his school reported suspicions of abuse to county child welfare personnel. According to the lawsuit, school officials had observed “extensive scarring” on RJ’s back. RJ had allegedly told school officials that when he got in trouble, his mom and her boyfriend would hit him with a broom handle, TV cord, belt or spatula. The boy’s mother and her boyfriend have been charged with murder and two counts of child abuse. They are named as defendants in the lawsuit, along with the state of Nevada, state Division of Child and Family Services, Clark County, Clark County Department of Family Services, Clark County Child Protective Services and the Clark County School District.
FLORIDA — A wrongful death settlement has been reached over the 2009 death of a mentally handicapped man who died after he was repeatedly pepper sprayed in a Florida jail, Naples News reported. The victim, Nicholas Christie, was reportedly stripped naked and pepper sprayed 10 times over the course of 43 hours. The 7-figure settlement came as the case was scheduled to head to trial next month.
The Medtronic INFUSE Bone Graft uses a genetically engineered protein to help fuse damaged vertebrae and was deemed “revolutionary” when launched in 2002. The bone graft offered doctors an alternative to more traditional forms of treatment for patients suffering from degenerative disc disease, but the medical device was (and is) only approved for use in the lower back region. Allegedly, this did not stop Medtronic from marketing the INFUSE Bone Graft as a form of treatment for injuries of the cervical spine (neck region). It is important to note that it is illegal for a medical device manufacturer to market a product for purposes other than approved by the U.S. Food and Drug Administration (FDA). Complications Associated with Off-label Use of the Medtronic INFUSE Bone Graft In 2008, the FDA warned physicians of the dangers associated with the “off-label” use of the INFUSE Bone Graft. (The term “off-label” is commonly used to describe the use of a drug or medical device for purposes other than approved by the FDA.) The FDA warned physicians that use of the bone graft in the cervical spine could cause life threatening complications, including compression of the airway and neurological structures of the neck, severe dysphagia (difficult swallowing), and swelling of the neck, throat, mouth, and shoulders. If not treated promptly, these complications could result in the death of [...] Read more »
SAN DIEGO – A woman and her daughter who owned two pit bulls involved in catastrophic attack in 2011 were both convicted yesterday if involuntary manslaughter and two counts each of owning a mischievous animal that caused death, the Union Tribune reported. On June 18, 2011, 75-year-old Emako Mendoza was mauled by two female pit bulls in her own front yard in Paradise Hills. Emako had walked outside to pick up the newspaper around 6:30 a.m. when she was brutally mauled by the two dogs who had squeezed through a hole in the front yard. Her injuries were so severe that her leg had to be amputated below the knee and her arm was amputated below the elbow. She underwent eight surgeries and eventually had to have her right leg amputated as well. Emako was readmitted to the hospital on December 23, 2011, and died the next day. She was 76. The owners of the dogs, Alba Cornelio, 39, and Carla Cornelio, 19, bred and sold puppies, and had previously faced other criminal charges including serious bodily injury from a mischievous animal, failure to provide public protection from dogs, owning or having custody of a dangerous animal/dog causing injury and failure to restrain a dog. The same two dogs that attacked Emako Mendoza in June 2011 attacked a neighbor’s poodle puppy on Christmas Day in [...] Read more »