California Injury Lawyer Blog

In personal injury news, after a three-week trial and two days of deliberation, a jury in Barstow has awarded $32.2 million to a 17-year-old boy who was left quadriplegic after he jumped from a moving pickup truck and struck his head on the pavement on Highway 127 in 2003. The family of Dillon Elkins will receive 80% of the award, as the jury found the driver 80% at fault, and Dillon 20% at fault.

According to the LA Times, back in 2003, Dillon Elkins (who was 10 at the time) and another 10-year-old boy approached a football player, Robert Murchison, who was 18 at the time, and asked for a ride. Murchison alleged he said no, because the cab of the truck was full, and that Dillon and the other boy got into the cab of the truck on their own.

In court documents, Dillon's attorney contended that Murchison told the two young boys that if he saw a cop, he would yell or honk, and they should jump out. On northbound CA-127, Murchison saw a CHP vehicle going in the opposite direction, and reportedly told the boys to jump.

Dillon's mother was told at the hospital that he might mot make it through the night. He remained in a coma for three weeks. He sustained a massive traumatic brain injury that left him unable to talk, walk or eat anything except through a feeding tube.

Continue reading "Barstow Jury Awards $32 Million to Baker Boy Left Quadriplegic After 2003 Accident " »

A crash in Nevada County Saturday morning left three people injured, the Union reported Monday. The June 5th accident occurred at about 10:45 a.m. on Highway 20 above Nevada City.

According to news reports, a 62-year-old Washington woman was driving westbound on Hwy 20 in a Hyundai Accent, when for unknown reasons, she lost control of her vehicle. The CHP reported that her car spun out into eastbound traffic, into the path of a Toyota Camry driven by a 77-year-old Penn Valley man. The driver of the Camry reportedly attempted to swerve but was unable to avoid the collision. The Hyundai went off the road and took down a street sign.

The driver of the Hyundai was airlifted to Sutter Roseville Medical Center with a traumatic brain injury and blunt force trauma to the chest. The driver of the Camry and his passenger, an 80-year-old Penn Valley woman, were taken to Sierra Nevada Memorial hospital with moderate injuries. We hope that all three of the victims make a full and fast recovery from their injuries.

Continue reading "Three Injured in Head-On Crash on Highway 20 in Nevada County " »

In personal injury lawsuit news, on May 29th, a jury in Yolo County awarded a 63-year-old man $1.5 million for injuries he suffered in a truck accident on October 2, 2004. According to the Daily Democrat, plaintiff Michial Jacobs was driving his pickup truck pulling a trailer on I-505 north of Highway 16 when the driver of a big rig truck behind him fell asleep at the wheel.

The big-rig, loaded with 40,000 pounds of sugar, rear-ended Jacobs' pickup truck and trailer at about 55 mph. Jacobs reportedly suffered a concussion, fractured a left rib, and an injury to his mid back which resulted in chronic back pain. He has not been able to return to work as a carpenter since the accident.

The truck driver was employed with Washington state-based companies Pacific Transportation Services and Ernie Newland. The Daily Democrat reported that the plaintiff offered to settle on June 20, 2007, for the insurance policy limits. As a result of the defendants' refusal to accept that offer, the plaintiff is entitled to an additional $442,000 in interest plus all costs. The jury's award is the largest known verdict for a single person's injury in Yolo County.

Continue reading "Yolo County Jury Awards $1.5 Million to Man Injured in Interstate 505 Truck Accident " »

In personal injury news, a lawsuit has been filed after a 44-year-old man suffered catastrophic injuries in a fall from a zipline ride at a Scout-O-Rama event at Kelly Park in San Jose on May 9, 2009.

The victim, Linden Feldman, a software engineer and former Eagle Scout, was told he was safely hooked on to the zipline ride and jumped from the tower, yelling "Geronimo." His 10-year-old son and 9-year-old daughter witnessed his terrifying, almost instant 25 foot fall to the ground. The injuries he sustained in the fall left him in a coma for a week with a traumatic brain injury, a collapsed lung, respiratory failure surgery required to remove portions of his bowel.

Court documents allege that the Boy Scout leader did not know that he had to shackle riders to the safety ring on the harness. Instead, he attached riders to a thin piece of nylon cloth. The method was strong enough to hold small children, but was not strong enough to hold Feldman, the first adult to ride the zipline. The suit was filed in Santa Clara County Superior Court against the Boy Scouts of America and the Santa Clara County Council of Boy Scouts.

Continue reading "Boy Scouts of America Sued Over Scout-O-Rama Zipline Accident " »

Yesterday, after a 15-day trial, a Pomona Superior Court jury awarded $12 million to a woman who suffered a traumatic brain injury after being shot with an airgun at a family member's home in El Monte on September 4, 2007. The woman, Jessica Ramirez, was conscious after being shot in the head and was able to walk into Greater El Monte Community Medical Center on her own.

After going to the hospital following the airgun incident, Ramirez remained at the El Monte hospital for five hours until she was flown to Huntington hospital in Pasadena and rushed into surgery. At the trial, the neurosurgeon that operated on the woman at Huntington Hospital testified that he was certain she would have had a better outcome if he had been able to operate sooner. Another medical expert testified that "earlier surgery would have allowed Jessica Ramirez to care for herself and live independently," the San Gabriel Valley Tribune reported.

The family of Jessica Ramirez, represented by a southern California medical malpractice attorney who is also a medical doctor, brought the suit against AHMC Healthcare, Inc., which owns Greater El Monte Community Hospital. According to the suit, the negligence of Greater El Monte Community Hospital allowed bleeding and pressure on Jessica Ramirez's brain to cause permanent damage. Because of the brain damage, she now is in a "minimally conscious" persistent vegetative state in a nursing home, and requires 24-hour care.

Hospital officials said in a written statement they would appeal the verdict.

Continue reading "Pomona Superior Court Jury Awards $12 Million to Brain Injury Victim " »

A Fresno man was taken to Community Regional Medical Center with life-threatening head injuries after he was struck by a vehicle in central Fresno on Tuesday night. The hit and run pedestrian accident occurred at about 6:45 p.m. Tuesday, on E. Belmont Avenue and North First Street. Fresno Action News reported the 30-year-old man was thrown about fifty feet following the impact. The driver of the vehicle that struck him did not stay at the scene. Fresno Police said they found the suspect's vehicle several blocks away, but did not find the driver.

Please keep the victim in your prayers as he has suffered very serious injuries. We hope that he makes a full and speedy recovery, and that the driver is located quickly or turns himself or herself in.

Leaving the scene of an accident is against the law. Under the California vehicle code, any accident that involves injury or death mandates that the driver must stop. When a driver leaves the scene of an accident causing property damage, injury or death, the incident is called a hit and run. Often, the party leaving the scene is the at-fault party, but not always. A hit and run can be either a criminal misdemeanor or felony, depending on the seriousness of accident and extent of injuries. The family of the man injured in this accident would be well-advised to consult with a Fresno pedestrian accident attorney for more information about the man's legal rights to compensation. If the driver is not located, the injured man may be able to obtain monetary damages for his injuries from his own insurance policy, if he has one.

Continue reading "Fresno Man Critically Injured in Hit and Run Pedestrian Accident " »

Under a new law proposed last week in Sacramento, children hitting the slopes would have to take a helmet along. The bill, introduced by California Sen. Leland Yee, would require children under 18 to wear a helmet.

The California Ski Industry Association has already pledged his support. Most major resorts recommend already recommend all skiers and snowboarders to wear helmets.

Not all lawmakers support the bill, however. Republican Tom Harman told the LA Times the bill raises the question of how far government should go in protecting people from themselves. The bill is still weeks away from discussion in Sacramento.

Studies show that wearing helmets can greatly reduce the risk of serious brain injuries in children ages 15 and under. Today's ski helmets are inexpensive, warm, comfortable and effective. They provide an extra degree of protection, and seriously reduce the risk of permanent brain damage in a collision with another skiier, tree, or other fixed object.

A 16-year-old San Jose High Academy student is in critical condition after colliding with another player during a Thanksgiving Day football game, a San Jose Unified School District spokeswoman said. Matthew Blea went down during the game after a legal helmet-to-helmet hit, got up, went to the sideline and collapsed. Paramedics took him to Santa Clara Valley Medical Center, where he underwent surgery. Blea suffered a traumatic brain injury.

This latest high school incident is only the latest of dozens of head injuries in football every single week, from games in youth football leagues to college to the National Football League (NFL). Head injuries cause major damage, and concussions are more than just a bump on the head. Damage from a head injury can last a lifetime. Even with better technology in helmets and rule adjustments, head injuries are still happening. Blea was wearing a Riddell "Revolution" helmet, arguably considered to be the best helmet for high school players.

More and more retired football players are now speaking up about the troubling affects of their injuries, while more and more current players are suffering concussions during games. Football leagues from high school leagues to the NFL are increasingly under scrutiny for the serious affects of these head injuries.

Congress even called a hearing on the subject of head injuries in football last month, in which NFL commissioner Roger Goodell was questioned about a link between multiple head injuries in NFL players with brain diseases and disorders such as Alzheimer's and dementia. Both Roger Goodell and NFL Players Association leader DeMaurice Smith agreed to turn over players' medical records to the House Judiciary Committee. Michigan Democrat John Conyers said he also wants information on head injuries from the NCAA and high schools. One man, Dick Benson, tearfully told the committee about his 17-year-old son's death from a head injury following helmet-to-helmet hit during a 2002 high school game. Benson said changes need to be made to reduce physical contact, especially helmet-to-helmet hits.

Continue reading "San Jose High School Football Player Critically Injured in Thanksgiving Day Football Game " »

The wife of an Illinois man filed a lawsuit against Indian Lakes Resort (near Chicago) after her husband suffered a severe traumatic brain injury after he was thrown from a golf cart an employee of the resort was driving. In the summer of 2008, Todd R. Bergfors was riding in a golf cart driven by an employee when the driver took a sharp turn, ejecting Bergfors from the cart. Last month, Bergfor's doctor's reported he was in a coma and had a "very poor prognosis for recovery."

Traumatic brain injuries (TBIs) are complex injuries that can cause permanent disability and emotional and financial devastation to victims and their families. An estimated 5 million Americans suffer some sort of brain injury. Brain injuries are the leading cause of death for persons under 45. When another person or party is at fault for an injury, the injured party and their family can sue the responsible party for medical expenses, pain and suffering, and lost earnings.

Continue reading "Lawsuit Filed After Man Suffered Traumatic Brain Injury in Golf Cart Fall " »

A suit against big box store Target has been settled for $7 million dollars, CBS News reported October 5th. Claire Putman, 80, of Des Plaines, Il, suffered a brain injury as a result of being struck in the head by a defective automatic door at a Target store in Rosemont (northwest of Chicago).

According to documents filed in court, Putman had just walked into the Target Store on Mannheim Road when the door malfunctioned and knocked her onto the ground. Putman was then struck again by the door as it continued to open and close.

Along with Target, the manufacturer of the door, Besam USA, was also a named defendant in the lawsuit.

Putman's attorneys argued that Target was negligent by failing to inspect and maintain the automatic doors and did not follow recommended safety guidelines. Additionally, Putman's attorneys argued that Besam did not provide an effective way of turning off the doors and alerting store employees that the door was malfunctioning.

Putman's settled the suit for $7 million. As a result of her injuries, Putman had to move into a nursing home.

Continue reading "Elderly Woman Injured by Automatic Door at Target Settles Lawsuit for $7 Million " »