Orange County Personal Injury Lawyer - Miscellaneous

Do Not Drink Metromint Flavored Water- It May be Contaminated

Jenny Albano — Sat, 08 Dec 2007 12:59:57 GMT

The California Department of Health announced Wednesday, December 5, that consumers should not drink Metromint Flavored Water because it may be contaminated with Bacillus cereus, which can cause vomiting and diarrhea.

Soma Beverage Co., LLC., in conjunction with the FDA, is recalling all bottles of Metromint flavored water (Peppermint, Spearmint, Orangemint and Lemonmint) with a "Best Before" date before 12/21/2008 and produced at the company's California plant because they may be contaminated with Bacillus cereus. The "Best Before" date is located on the shoulder of the water bottle.

So far there have been no illness reported in California, but there has been one incident in Illinois that is possibly linked to the contaminated product. The water was available in retail stores across the nation and online. The water bottles were distributed in clear plastic 16.9-ounce bottles with a black M marked on the front and the letters "KSA" located in a rectangle on the back of the bottle in the lower right-hand corner.

Illness caused by Bacillus cereus may be either a vomiting or a diarrheal type. The vomiting type is characterized by nausea and vomiting within 30 minutes to six hours after consumption of contaminated foods. Duration of symptoms is generally less than 24 hours. The diarrheal type usually includes onset of abdominal cramps and watery diarrhea six to 15 hours after consumption of contaminated food. Symptoms may last for 24 to 48 hours.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Personal Injury Lawyers Must Think Twice Before Taking on Fire Claim

IB Contributor — Fri, 26 Oct 2007 19:28:53 GMT

This week, I was one of many attorneys who received an e-mail from Richard Alexander, a very accomplished and knowledgeable personal injury attorney in San Jose. The subject of Alexander's e-mail was very relevant especially at this time when the wildfires that have ravaged Southern California are subsiding and people affected by the fire are starting to look for adjusters and attorneys to help file claims and rebuild their lives.

Here's the crux of Alexander's advice to personal injury attorneys. If you don't know much about what it takes to handle a fire claim, don't touch it. Sure, it is natural for us personal injury lawyers to want to go the rescue of those in need. We are natural consumer advocates. But Alexander rightly warns us about the pitfalls that are involved in handling fire claims, especially when we do not have the depth of knowledge, experience or expertise to get into these issues.

Here's his main advice on the matter: "If you don't have experience and clearly do not know how much work it is to process a property damage claim, the last thing anyone should do is take on a fire damage case on a pro bono basis. You are looking at a major tar baby. Don't doubt that for a minute."

If someone came to me about one of these cases, I'd surely get Richard Alexander on my side. Depending upon the cirmstances I'd ask himi to partner it with our firm or refer the case off to him.

To read the complete article, click here.

Originally posted at InjuryBoard by IB Contributor

Charge of Sexual Assault on Children Dropped Against Denver Pastor

IB Contributor — Fri, 14 Sep 2007 15:28:58 GMT

In my March 28, 2007 blog I wrote about Stephen J. Heese, pastor of The Church in South Denver who was accused of assaulting two children more than a decade ago. Wendy Martinez and other staunch supporters of Pastor Heese, have contented that he is innocent of any wrongdoing from the very moment allegations were made against him. May comment about Pastor Heese's supporters at that time was "Who can blame them for being in denial?"

Well, they had good reason to support Pastor Heese. They weren't' in denial, they were right. Wendy Martinez brought an article from RockyMountainNews.com to my attention that states in part:

Jefferson County prosecutors have dismissed charges of sexual assault on children against a Lakewood minister after they concluded they didn't have enough evidence to proceed with a trial. Prosecutors dropped the charges Thursday, Pam Russell, a Jefferson County district attorney spokeswoman, said Monday.

In one sense justice has been done, an innocent man is free. In another sense what irreparable injury has been done to Pastor Heese and his reputation? Or is there a silver lining to this story of how the accusations pulled a community together to support their Pastor? Or maybe the blessing that this seemingly unfortunate event has not yet manifested itself. Hopefully, when that silver lining does make itself known, Wendy Martinez will politely hound me to mention it here in on my blog like should hounded me to write about the charges being dropped.

Good job Wendy! Everyone should be so lucky to have supporters like you.

Originally posted at InjuryBoard by IB Contributor

Judge to Allow Clergy Sex-Abuse Trials to Move Forward

Chrissie Cole — Mon, 27 Aug 2007 17:57:06 GMT

On Friday, a federal bankruptcy judge ruled that 42 clergy abuse cases pending against the Roman Catholic Diocese, of San Diego, be released for civil trial to allow the people who suffered abuse as children to get their day in court.

In February, the diocese sought bankruptcy protection to avoid the progression of 127 lawsuits, but it was dismissed because the judge ruled the victims have a constitutional right to a jury trial.

"The victims are very encouraged," said a lawyer for a group of claimants. "And they are very grateful that the court has the wisdom to grasp the gamesmanship the victims have been subjected to for years by the diocese."

She repeated that the diocese's $95 million settlement proposal was far below the state average for such abuse claims. Attorneys of the plaintiffs are looking for a settlement of about $200 million.

While the victims and their attorneys are encouraged by the judge's ruling, an attorney for the victims committee, is concerned that the judge must take a step of formally removing the stays that were placed on 42 cases after the diocese filed bankruptcy. The judge's ruling is expected on December 6th.

Originally posted at InjuryBoard by Chrissie Cole

Victims of Minneapolis Bridge Collapse Deserve Justice and Answers

IB Contributor — Wed, 08 Aug 2007 19:34:17 GMT

Four people are dead. Eight people are still missing. There are still no answers and there won't be for a while. I'm referring, of course, to the horrible Minneapolis bridge collapse last week that occurred at rush hour traffic. It's almost a miracle that the death toll was not higher considering the magnitude of the incident and the volume of traffic that was on the bridge at the time.

It was a horrible tragedy for the families who lost loved ones and for the injured survivors. But was this incident completely unforeseen? Did it shock or surprise senior-level officials at the Minnesota Department of Transportation? Probably not. Because, according to an investigative article in the Minneapolis Star Tribune,

officials already knew that the structural deficiencies in the 35W Bridge that collapsed Aug. 1 were so serious that they considered bolting steel plates to the bridge's supports to prevent cracking in fatigued metal.

The paper reports that the issue of bridge's safety was contentious within the agency as engineers debated about what the best way was to fix the problem. Unfortunately, the weak bridge didn't wait. To make matters worse, just when the agency started inspecting the bridge, it was interrupted right by some unrelated work that was being done on the bridge's concrete driving surface.

I'm sure the state's transportation officials are going to have to answer some very tough questions in the following months, as they should. They've known that the bridge has been structurally deficient since 1990 and they've done nothing about it! I cannot imagine how frustrating and heart-breaking that piece of information must be for the families of those who have lost loved ones and are still looking for their loved ones in the concrete wreckage.

The decaying of our infrastructure isn't exclusive to Minneapolis or someplace that doesn't affect us here in Orange County. According to the Orange County Register article, two dozen bridges in Orange County have been flagged as "structurally deficient" by the U.S. Department of Transportation's national bridge Inventory. There's more. Sixteen of those bridges have ratings equal to or worse that the Minneapolis bridge.

Before its collapse, the Minneapolis Bridge scored 50 out of 100 on its sufficiency rating, a scale that shows how quickly the bridge needs to be replaced. A score of 80 or lower qualifies a bridge for the federal Highway Bridge Replacement and Rehabilitation Program. According to the Register article, every 10th bridge in Orange County scored 80 or lower.

Are you starting to think about the Orange Country bridges that you frequently cross? I am.

I suggest that anyone who has lost a family member, been injured physically or financially by Minneapolis bridge failure contact reputable Minneapolis attorneys who are experts in personal injury law. If you do not know one, fill out the "Ask An Attorney" form to the right and you'll be contact by one.

By holding wrongdoers accountable, be they individuals, corporations or governmental agencies for their failures, a message is sent to everyone similarly situated to do their jobs in a timely fashion for the benefit of all of us or face the consequences. Minneapolis certainly has the time and resources to make 35W Bridge a priority this week, to bad it wasn't a priority two weeks ago.

Minneapolis is paying the price but I'll bet that governmental agencies responsible for bridge safety all across America are scrabbling around this week and other disasters will be prevented due to Minneapolis' loss.

Let's learn from this lesson. Compensate the victims. And hold the wrongdoers accountable.

For more information on this subject matter, please review our section on the Minneapolis Bridge Collapse.

Originally posted at InjuryBoard by IB Contributor

State Supreme Court Reinstates Fraud Claims Against Milwaukee Archdiocese

IB Contributor — Wed, 11 Jul 2007 13:01:32 GMT

Clergy abuse victims win a court victory.

The Wisconsin Supreme Court in a landmark decision, ruled that victims of sexual abuse in the hands of priests may be able to file fraud claims against the Archdiocese of Milwaukee, although the court said victims cannot sue for negligence because the three-year statute of limitations had run out on several cases.

Advocates and plaintiffs' attorneys said they were pleased with the state high court's decision because it will give victims a chance they never had to hold accountable both the perpetrators and the diocese, which sheltered and protected them against prosecution. The statute of limitations in fraud claims is six years and the court said the clock would only start ticking from the moment the plaintiff becomes aware of the fraud.

The cases the court was looking at involved four victims. Three were abused by Siegfried Widera between 1973 and 1976 and one other victim was an altar boy molested by Franklyn Becker. Victims and their attorneys say that the diocese committed fraud in both these cases because church officials not only denied to parishioners that the priests had committed offenses against children and that they were a danger to other children, but eventually sent them both to other parishes here in California where they abused more children.

It is extremely difficult for victims to come forward and tell their stories. To start with, these were young boys who were in a vulnerable situation. They were abused by a person whom they looked up to, trusted and held in high reverence. It is not surprising that they came forward as adults. That's very common. But unfortunately, there are time limitations to file these lawsuits. The legal system waits for no one. I can also understand some of the attorneys' bittersweet feelings on this ruling because although the decision is to be welcomed, it is tougher to prove fraud than it is to prove negligence.

But I sure am glad that the courts opened a window despite closing a door for these hurt victims. Now, they at least have some form of opportunity to find justice and make the Catholic Church pay for their callous disregard for the welfare of their parishioners. To knowingly protect a person who has committed a despicable crime against numerous children is inexcusable and it is despicable. It really makes you wonder how holy and Christ-like these men are! Any apology from the Catholic Church will be too late and too weak for any of these victims to accept, in my opinion.

We have seen that clegy abuse happens all over the place - be it a church, temple or synagogue. As long as we have perverted men of cloth who take advantage of their unique situation, this problem will be ongoing. If you or a loved one has been a victim of clergy abuse, call me, John Bisnar. We offer a free and completely confidential consultation where we can help you examine your legal options. Just remember that it wasn't your fault.

Originally posted at InjuryBoard by IB Contributor

More Women Are Sexually Abused By Priests Than Boys Are

IB Contributor — Mon, 09 Jul 2007 23:25:48 GMT

Clergy Abuse - Priest Abuse of Adult Women

Rarely do abuse victims want their story splashed in the media for everyone to read. Peggy Warren is different. Peggy wants everyone to know what happened to her, the betrayal, the seduction, the manipulation and the abuse of power that she suffered, as an adult, at the hands of a Catholic priest. She wants other women who have suffered physiological and sexual abuse at that hands of clergyman to know they are not alone, to have resources and to have a place to speak out.

You can read Peggy's and her husband's story of the havoc wrecked on their family by Nicholas Voelker, a Catholic priest, on their website (http://www.educatingtoendabuse.com/index.html). She also shares her research that indicates that the majority of victims of clergy sexual abuse are women, not young boys.

If you want to investigate taking action against a clergyman for sexual abuse or other despicable conduct, contact us for a free, totally confidential consultation.

We represent clergy sexual abuse survivors without any upfront expense to our client. All of our fees and costs are paid out of the eventual recovery.

Originally posted at InjuryBoard by IB Contributor

Time For A Great New American Enterprise

IB Contributor — Sat, 07 Jul 2007 13:59:06 GMT

Time for this nation to take a clearly leading role in energy efficiency.

The United States Senate has proposed a bill that would require automakers to increase fuel economy over 40% to 35 miles per gallon. The new regulation, if passed by the House, would apply to all sized vehicles-cars, trucks, and SUVs.

One of the major concerns by consumers is that their choice of 'size' will be impacted by the bill, but according to David Friedman, director of the clean vehicles program at the Union of Concerned Scientists, he "......would expect them [cars] to look a lot like they do today, the same size, the same acceleration and the same or even better safety." Friedman added that he believes the cars will "......have better technology, better engines, more efficient transmissions and stronger aluminum bodies", but they may cost more.

The proposed legislation seeks to research ways to improve the use of lithium-ion batteries, like the kind used in laptop computers, but if the cars are plugged into electric sockets will the costs in electricity eclipse the savings in gas? Some studies suggest that averaging the cost of fuel and electricity could bring the cost down to the equivalent of $1/gallon.

While automakers are balking and lobbying hard against the fuel economy provision in the Senate bill as proposed, because they believe they will be unable to change the mix of cars available to the buying public in the showrooms of 2020, thirteen years from now, Eric Ridenour, Chief Operating Office at Chrysler Group indicates that right now 3 out of 4 vehicles are built on truck frames and the company will have to decide whether or not to keep selling some of its larger vehicles in light of the proposed regulations. Ridenour clearly believes that the larger family-sized vehicles will be the ones most at risk, and that in the end vehicles will be lighter and smaller.

What's with the American auto industries' "can't do" attitude? They fight every safety and fuel economy piece of legislation that comes along. Their lobbying and political power is so great that they scare politicians into mediocrity.

The American auto industry apparently would rather sell us keyless entry to our cars, satellite radio, navigation systems and hands free telephone systems than increase fuel economy and accident survivability.

Do you ever hear the Japanese or German auto makers complaining about safety and fuel economy regulations? I haven't. They seem to be ahead of the game in developing smarter, safer and more efficient automobiles. Maybe that is why they are making tons of money while the American auto makers are all losing money and looking for government help to compete with their foreign counterparts.

In a speech to a joint session of Congress on May 25, 1961, President John F. Kennedy said in part, "Now it is time to take longer strides--time for a great new American enterprise--time for this nation to take a clearly leading role in space achievement, which in many ways may hold the key to our future on earth."

President Kennedy then went on to commit the United States to achieve, before the decade was out, "... landing a man on the moon and returning him safely to the earth. No single space project in this period will be more impressive to mankind, or more important for the long-range exploration of space; and none will be so difficult or expensive to accomplish."

As a nation we marshaled our resources and talents and accomplished a mission many thought impossible. Wouldn't it be easier to increase fuel economy in our personal vehicles by 500% within nine years than it was to "...land a man on the moon and return him safely to the earth...?" What would 100 mile per gallon vehicles do for our fuel consumption, fuel prices, dependency on foreign oil, balance of payments and air pollution? What value to American industry would such technology have in our competing in the global market place? What advantages would there be to mankind and our future generations to make quantum leaps in energy efficiency?

Isn't it time "...to take longer strides - time for a great new American enterprise - time for this nation to take a clearly leading role..." in energy efficiency for the betterment of our nation and mankind as a whole?

Originally posted at InjuryBoard by IB Contributor

Don't Let A Water Accident Ruin Your Summer Fun!

IB Contributor — Tue, 03 Jul 2007 15:29:51 GMT

According to the Centers for Disease Control and Prevention, in 2004 there were 3308 unintentional, fatal drownings - equaling an average of 9 lives lost per day. These statistics do not account for the 676 drownings in boat-related deaths.

For every child under 14 who drowns 5 others are treated at hospitals, some with severe brain damage.

Men lead in so many of life's statistics, and they can be risk-takers, so perhaps it is not surprising that of the unintentional, fatal drownings 76% were men. While in self-report studies men consistently reported more swimming ability than women, the hard numbers show that as men age they are more at risk of drowning in natural water settings, especially where alcohol is present.

Another group at risk seems more intuitive, as unintentional fatal drownings are the second leading cause of death in children ages 1-14. Surprisingly, most of the young pool drowning victims had only been out of sight for less than 5 minutes.

The CDC just touted National Safe Boating Week in March, seeking to inform the public and make them aware of boating dangers. In 2005, 3,451 persons were reported injured and 697 died in boating incidents. Among those who drowned, 87% were not wearing life jackets. The North American Safe Boating Campaign wants to raise awareness and ensure that every person on a boat is wearing a life jacket. Fittingly enough this years boating campaign was entitled, just 'Wear it!'.

Additionally, responsible 'fun in the sun' activities require you to be good to your skin! Skin cancer can devastate your life. While many people like to get a head start on their summer tan by burning a couple of times medical experts say that after burning only 5 times your risk of skin cancer doubles. Be sure to use a good sun screen; stay out of direct sun if possible during the hours of 10-4, as the sun's damaging rays are more potent during these hours. See your family doctor or dermatologist at least once a year for a complete body examination. Melanoma, the most deadly form of skin cancer has been known to kill a person who did not notice a mole between their toes or behind their ear. Your skin is the largest organ in your body-take care of it!

Here are some Drowning Prevention Tips for your fun, sun and water recreational outings:

Pool Safty - Preventing Swimming Pool Drowning

Learn how to swim
Swim with a buddy
Always have a sober, focused adult supervising children when they swim. That adult should have no other focus, including talking on a cell phone; mowing the lawn; or involving themselves in any other activity that would distract them.
It goes without saying that no one should drink alcohol before engaging in any water activities, including: swimming; boating; and water skiing as alcohol impairs judgment.
Learn CPR! Paramedics are great, but you might save a life while waiting for them if you just learn.
Never rely on 'pool noodles' and other similar water wing devices to keep your child safe. None of these devices have been designed or planned to be primary water safety protection.
Immediately remove ALL water toys when the day in the pool is finished, as this will help to prevent a curious child from going in to get their favorite toy.
NATURAL WATER SAFETY

Know the weather! In the water is no place to be when lightening and strong winds show up to rain on your parade.
JUST WEAR IT! Your U.S. Coast Guard-approved safety jacket please.........
Know, and heed warning flags on beaches
Watch for signs of rip currents and undercurrents...if caught in a rip current, swim parallel to the beach until out of the current then head for shore

Finally, have a healthy respect for water! At times it can look as smooth as glass, but you will never what lurks, just under the surface! Be safe. Be responsible and have fun in the sun!

Originally posted at InjuryBoard by IB Contributor

4-year-old Orange County girl drowns in backyard pool

IB Contributor — Sat, 23 Jun 2007 09:53:38 GMT

Eighteen Orange County children have drowned this year.

It was a crowded pool at a birthday party in a Villa Park home. It was a perfect day for a party - warm and sunny. There were plenty of kids in the pool and even more adults standing around the pool watching them. But not one of those kids or adults noticed 4-year-old Aurora Pruitt of Moreno Valley slip underwater and drown in the shallow end of the pool, according to an article in The Orange County Register.

The article states that there were as many as 15 children in the pool ranging in age from 3 to 16 years old. According to the report, five adults were watching the children. They made the horrible discovery at lunch time when all the children got out of the pool except for little Aurora. A parent who saw her at the bottom of the shallow end of the pool, pulled her out and tried to resuscitate her, but didn't succeed. Paramedics rushed her first to Chapman Medical Center and later to Children's Hospital of Orange County in Orange, where she died just after 9 p.m. Tuesday.

According to the Orange County Sheriff's Department, 18 children under the age of 18 have drowned in Orange County since January and nine of those children who drowned were under 13 years of age.

These are truly alarming numbers for Orange County. Drowning is the leading cause of death for young children in Orange County and California where backyard pools are the norm rather than the exception. Pools are a great resource and a pool parties are a great activity for the summer. But they can also be a liability. If a child drowns in your backyard pool under your watch, you could be held liable.

In this case, it seems as if adults were watching the children in the pool, but the pool was just too crowded and no one was in charge of pool safety. Also remember, it takes but a few minutes for a child to silently slip underwater and become unconscious. These drownings or near-drownings, if they don't result in death, could result in severe brain damage. Do not let this happen to your children or any child under your watch.

Here are some tips to prevent pool drowning and promote safety at your pool party from the American Red Cross' Web site:

Make sure that parents or caretakers of all invited guests are aware that the party is a pool party.
If possible, have a lifeguard on duty.
If not hiring a lifeguard, identify or appoint responsible adults to supervise the pool when it is being used. These individuals must understand and accept responsibility for monitoring the pool and should be trained in CPR, first aid and water safety.
Establish rules for safety such as prohibiting all dives into shallow water; walking - no running on the deck; not permitting glass in the pool area
Do not serve alcoholic beverages to guests who are or will be participating in water activities.
Maintain cleanliness of water. Water should be chemically treated and tested regularly.
Check with the homeowner's insurance company to determine the limits of coverage. Additional coverage for the event may be required.

Our home has have a rockscape pool with swim through, waterfalls and jumping rocks. We have parties that include many children, some who can not swim. We have two parties a year speciallically for the children of our law firm team members. Since I am very aware of the number of back yard pool drownings of children each year and that a homeowner is nearly strictly liable for a home pool drowning, we are constantly aware and vigilent when we have guests.

Our pool rules include at least one parent of each non-swimmer child must at least have their feet in the water while their child is in the water (we have a beach entry to the pool). Another rule is that there is always one parent at a time that is assigned as the "life guard" to watch the entire pool. Our "life guard" walks the edges of the pool (it is free formed boulders in a jungle setting) while on duty as a way to keep the "life guard" focused on pool safety rather than socializing. Many times we have pairs of "life guards", usually mothers who walk the pool together, watching the children and chatting.

After reading about the Villa Park drowning I am considering actually hiring a life guard for pool parties rather than counting on parents.

For more information on this subject, please refer to our section on Property Owners' Liability.

Originally posted at InjuryBoard by IB Contributor