California investigators believe that nursing home negligence may have caused the death of an 83-year-old man, who died from head injuries that were not properly assessed or treated by nursing home staff. According to an Associated Press news report, Lakewood Manor North in Los Angeles received an AA citation – the most severe that the California Department of Public Health issues. The negligence, according to officials, involved a patient who had slipped, fallen and suffered a head injury while trying to move from his bed to a wheelchair in 2007. The resulting head injury was not properly assessed or treated, investigators say. The man ended up dying four days after he fell.
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Articles Posted in Wrongful Death
Torrance Car Accident Victim’s Family Pleads for Fair Investigation
Earlier this week, we posted “Will The Driver That Killed My Husband Ever Be Held Accountable?” written by our client, Deborah Reichle, who lost her husband, David Reichle, in a horrific car versus pedestrian accident on a Torrance street right outside their friends’ home in Torrance, Thanksgiving morning 2008. David suffered severe brain injury and died five days after the jeep driven by Sara Sherbin struck him. But even as she is dealing with pain, grief and financial instability in the wake of her husband’s death, Deborah is also dealing with shoddy car accident investigationby the Torrance Police Department, which may help Sherbin walk away from this entire episode as if nothing happened. And that is just plain wrong!
Here’s what happened. Sherbin drove down a very wide and quiet residential street. She claimed later that she didn’t see David getting out of his car and turning to talk to a friend on the sidewalk. Sherbin plowed through David and didn’t even stop after she hit him. Instead, she over-corrected and shot across the street before she came to a stop two houses away. Deborah believes Sherbin was driving recklessly that day and had counted on the Torrance Police Department to perform an unbiased investigation and come out with the truth.
But Deborah Reichle has been sorely disappointed. The investigating officer’s report was missing key witness statements thereby diminishing Sherbin’s liability. In fact, the report even suggests that David may have been at fault for exiting his van although he was fully out of the van and in plain view of Sherbin as she drove down the street. All Sherbin got was a minor traffic citation. She has not been charged and no charges are pending.
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Bicyclist Killed in Hemet Truck versus Bicycle Accident
Jacob Jack Martinez, 24, of Hemet, was killed in a bicycle accident on December 28, 2008 after a suspected drunk driver ran a red light and struck him. According to this news article in The Desert Sun, Keokialii Young, 21, was driving a pickup west on Florida Avenue when he ran a red light on Buena Vista Street and hit Martinez, who was riding his bike across the street in a marked crosswalk. Young then drove off the road into a planter. Martinez was taken to a local hospital where he died of his fatal injuries. Young was arrested on suspicion of driving under the influence of alcohol and on manslaughter charges. The eyewitness to this tragic accident was an on duty Hemet police officer.
My heart goes out to the family of Jacob Martinez for their heartbreaking loss. I offer my deepest condolences to them.
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Texting Huntington Beach DUI Driver Pleads Not Guilty
A 20-year-old Huntington Beach college student accused of being under the influence of drugs and texting when he struck and killed 14-year-old Danny Oates has plead not guilty. Jeffrey Woods has been charged with vehicular manslaughter while intoxicated and driving under the influence, according to a news article in The Orange County Register.
Woods was reportedly texting and negotiating a drug deal Aug. 29, when he crashed his pickup truck into Danny at the intersection of Indianapolis and Everglades Lane, an intersection considered to be unsafe by many long-time residents in the neighborhood. Danny was on his bicycle riding to his school. Our firm is representing Danny’s parents in a civil case against those responsible for Danny’s death.
On July 1, a new California law will go into effect banning hand-held cell phone use for adults and banning all cell-phone and texting for teen drivers. However, this new law does not prohibit adults from texting. There is no question that texting should have been part of the ban and Woods’ negligent behavior shows us why texting should have been included in the text of the new law.
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Caterer Hit by Truck and Killed in Redondo Beach Accident
A 22-year-old caterer died after she was hit by a delivery van when she was preparing food for a large party in Redondo Beach. According to an article in the Daily Breeze, the woman was working in the loading dock of a power plant when a woman delivering speakers to the party, backed up the van and hit her, the newspaper reported.
Officials told the Breeze that the driver, a 62-year-old Ojai woman hit the gas pedal instead of the brake. The victim, who has not yet been identified, suffered severe internal and head injuries. She was pronounced dead in an area hospital.
There is no doubt that the van driver and her employer are responsible for the accident and injuries caused because this woman was clearly on the job at the time of the incident; making a delivery at the party. When a company’s employee causes an accident or injury, it is most likely that the employer will be legally held responsible for the actions of the employee who was “going about the employer’s business” at the time.
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Settlement Talks to Begin in Boston Tunnel Wrongful Death Lawsuit
When I read this, the first thing that came to my mind was this could absolutely happen on any California’s freeway, with the amount of new construction we have going on here all the time. The news is that settlement talks are about to begin in Boston between the family of a motorist killed about a year ago by failing panels in the Big Dig, Boston’s central artery and tunnel project, and attorneys for the companies that designed and built the project. The sticker price for the construction project was$14.7 billion, the costliest project in the history of this country.
According to an article in the Boston Globe a wrongful death lawsuit was brought by the family of Milena Del Valle, a 39-year-old woman who was killed July 10, 2006, when several concrete ceiling panels fell from the Interstate 90 connector tunnel as she and her husband drove toward Boston’s Logan Airport. The lawsuit, which seeks unspecified damages, names the Turnpike Authority and companies connected with the design and construction of the project.
Inspectors who checked out the tunnel after the accident believe that the bolts that were holding the ceiling panels in place came loose because of failures in the epoxy resin that is meant to glue them in place, the article said. After the accident, repairs were made throughout that tunnel system and concrete panels were supported with more bolts and brackets. Massachusetts Attorney General Martha Coakley has said she will decide by the end of this month if her office will pursue criminal charges against the companies named in the wrongful death lawsuit.
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Wrongful Death Lawsuit is Filed by Family of Bridge Construction Worker
The family of a 45-year-old man to plunged to his death from the Santa Margarita Parkway Bridge while working on it, has filed a wrongful death lawsuit against the city, county and state, according to an article in The Orange County Register. Gregory Wolters of Mission Viejo died when he was attempting to cross the bridge. Officials believe he may have thought there was a solid median between the roads and dropped 100 feet down, the article said.
Wolters worked for Econolite Traffic Engineering and Maintenance Inc., a company contracted by the city to work on traffic control equipment. He is survived by his wife, Kellie, and two daughters, ages 13 and 14. The family alleges in the lawsuit that the bridge was “designed negligently” with poor lighting and weak railings and that it does not conform to highway safety standards. The plaintiffs’ attorney also told the Register that there were no cautionary signs posted on the bridge or additional lighting. The report states that this was the second accidental death on that bridge since 2005.
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Wrongful Death Lawsuit – Third For Singer/Actress
Singer and actress, Brandy Norwood, has been slapped with a third wrongful-death lawsuit stemming from a Dec. 30 freeway crash on the 405 Freeway in Los Angeles that resulted in the death of 38-year-old wife and mother and caused major injuries to several other motorists, according to a news report on E Online.
Awatef Aboudihaj died after the actress rear-ended the woman onto oncoming traffic. Two lawsuits have been filed against Brandy so far – the first one by the victim’s parents and the second, by the victim’s parents on behalf of her two children who were also present in the vehicle during the accident. According to court documents, the children have suffered “permanent damage” as a result of the crash.
Now, Aboudihaj’s husband is getting in on the legal action, filing suit last week in Los Angeles Superior Court against the actress and other motorists involved in the accident.
The lawsuit specifically names the entertainer and Mallory Ham, the 50-year-old who broadsided Aboudihaj’s car while attempting to dodge another vehicle that had careened into her lane. The plaintiff, Maroune Hdidou, says up to 25 unidentified other drivers may have been involved, according to the E Online report.
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