Miscellaneous Personal Injury

Small Plane Crashes into Yorba Linda Home, Killing 5

February 25, 2019 | by Robert Walch

On the afternoon of Super Bowl Sunday, a small plane crashed into a Yorba Linda home sending debris throughout the neighborhood. The pilot was killed in the crash, as well as four people in the Yorba Linda home. The victims—Roy Anderson, 85, and his wife, Dahlia Leber Anderson, 68, as well as their two visiting relatives, Stacie Leber, 48, of Corona and Donald Elliott, 58, of Norco—were killed when the plane crashed into the home, immediately setting the home on fire.

The Los Angeles Times reported that the Cessna plane flown by 75-year-old Antonio Pastini of Nevada took off from Fullerton airport around 1:35 p.m. It had only flown about 10 miles and gained about 7,800 feet of elevation when witnesses saw the plane falling out of the sky. The plane broke apart as it fell, losing its tail, wings, and engine. Debris from the plane hit approximately 16 homes. According to the report, “a piece of the plane’s engine knocked down a pillar on the front porch and torpedoed through a first-floor window, flying through two rooms before landing in a bathroom.” Additionally, pieces of the exhaust pipe went through a window, melting the carpet, and a propeller landed in their driveway.

Investigators with the Federal Aviation Administration and the National Transportation Safety Board started investigating the crash the next day. Because the plane broke apart midair, they do not suspect it was intentional. However, they will be trying to determine what caused this tragic accident.

Tesla Drivers Filmed Sleeping While Car Continues Driving on Autopilot

February 14, 2019 | by Robert Walch

In the last month, several videos have surfaced on the internet showing Telsa drivers sleeping while their car continues driving in its semi-autonomous Autopilot mode. According to a Fox News report, just this week a video was posted showing a driver near Las Vegas with his head rested back and eyes closed—his Tesla speeds up and slows down apparently on its own.

A video from a few days earlier shows a driver on a Southern California highway, also with his eyes closed. The person who filmed this Tesla and driver said he “observed the car riding along by itself for miles.” Although no one was harmed in these incidents, misuse of Autopilot systems continues to be a safety concern.

After an incident in December, Telsa actually responded—a driver was cited for drunk driving when police officers spotted his car driving while he was passed out in the driver’s seat. The officers followed his car, pulled in front of it, and slowed down to trigger the Autopilot to slow down and stop to avoid a collision. Although this worked, police officers wondered why the Autopilot did not deactivate on its own when sensors in the steering wheel detected the driver removed his hands from the wheel. Typically, the system is supposed to flash and sound a warning when a driver removes their hands. Tesla responded to the situation and said they were going to be “looking into what happened.”

Electric Scooters—Easy Transportation with the Potential for Serious Personal Injuries

February 1, 2019 | by Robert Walch

Recently, Electric Scooters have popped up all over Southern California cities as an easy means of transportation and a way to avoid getting stuck in heavy traffic. Many cities, including Los Angeles, have been engaged in “scooter wars” with the largest scooter companies over the idea of having thousands of scooters dropped along on city streets and sidewalks. Many cities have limited the number of scooters, but only a few have ban them entirely.

Last year, The Washington Post reported, that as scooter use increased in major cities across the United States, so did trips to the emergency room for scooter-related injuries, many of these injuries being very serious. Injuries from scooter accidents can include “broken noses, wrists and shoulders, facial lacerations and fractures, as well as the kind of blunt head trauma that can leave brains permanently damaged.” In addition to injury risks, if a scooter rider is hit by a car, death can be a risk.

Recently, a man riding an electric scooter was killed after he was hit by a car in Chula Vista. According to KRON 4 News, the driver of the car stayed at the scene to cooperate with police and investigators have not yet determined who was at fault in the accident. If it is determined that the driver was at fault in hitting the scooter rider, family members of the scooter driver can bring a wrongful death claim on behalf of the victim against the driver.

5 Tips for Staying Safe in the New Year

January 7, 2019 | by Robert Walch

It’s now 2019! The holiday season is winding down, and day-to-day routines are back in action. The New Year brings new hopes, and certainly the hope of avoiding injury is at the top of the list.

In 2018, accidental injury became the number 3 cause of death of the first time in United States history. The National Safety Council reported that “an American is accidentally injured every second and killed every three minutes by a preventable event.” These preventable events include accidents from vehicle crashes to falls. Luckily, these injuries are preventable and by taking certain precautions you can put you and your family on a path toward a safer year.

Below are five ways to avoid some of the most common injuries and stay safe in 2019:

Amusement Park Holiday Season Begins—What to do if You Get Hurt

September 22, 2018 | by Robert Walch

Although it’s only September, amusement parks in Southern California have already started celebrating the holiday season. Parks like Disneyland, Universal Studios, and Knott’s Berry Farm are currently decked out in Halloween décor and urging guests to come experience the spooky charm. Halloween festivities will be followed by Thanksgiving and Christmas celebrations at the park.

With the added attraction of seeing the park decorated and experiencing the holiday charm, more and more people are visiting the parks. While amusement parks can be a lot of fun, is also true that amusement parks can be locations that result in personal injuries or wrongful deaths. Continue Reading

First Death Caused by Romaine Lettuce E. Coli Outbreak Reported in California

May 5, 2018 | by Robert Walch

Last month, an E. Coli outbreak linked to romaine lettuce occurred across the nation. The Center for Disease Control and Prevention reported that over 120 people have gotten sick in 25 different states. NBC News reported that “at least 52 people have been hospitalized, including 14 with kidney failure, which is an unusually high number of hospitalizations.” Sadly, the first death caused by the E. coli contaminated lettuce was also reported last week in California.

The contaminated lettuce has been traced back to lettuce grown in Yuma, Arizona. Yuma, Arizona reportedly provides most of the romaine lettuce for the United States during the winter months. While their growing season ended at the beginning of April, and likely no one is eating the contaminated lettuce now, the number of cases could still rise as people recognize and report their illnesses as E. coli poisoning. Continue Reading

Five People Hospitalized after Los Angeles Apartment Balcony Collapses

March 30, 2018 | by Robert Walch

Four adults and a child were injured when a second-floor balcony collapsed in South Los Angeles accident. The balcony collapse occurred around 5:20 pm at a fourplex near the 4600 block of South Wall Street.

According to NBC4 News, 10 people were evaluated for injuries after the collapse. Ultimately, three women, one man, and a young girl were taken to the hospital for treatment. Their injuries were reported to be moderate and, luckily, were not considered life threatening. Continue Reading

Fan Injured by Player’s Family At Los Angeles Rams Game

January 17, 2018 | by Robert Walch

Henry Romero, a die-hard Los Angeles Rams fan, never expected that watching the Rams playoff game would involve him getting hurt. ABC 7 News reported that the trouble began after the game when Romero took his daughter down to see the players and take pictures. They were asked to leave because, apparently, they were in the Rams family section. When an unknown lady sitting in the section yelled at them, “words were exchanged,” and then suddenly, Romero was attacked right in front of his daughter. Romero recounted, “I felt three big men hitting me. Hit me in the head, back of the neck, and in my face.” Romero’s young daughter was also hit in the process.

Ultimately, Romero suffered a fractured eye socket and stitches in his forehead. The Los Angeles Rams did comment stating, “We are aware of an incident following our game and we are working with authorities to determine exactly what happened.” Continue Reading

When Bullets Fall From the Sky: Negligent Los Angeles Injury

January 1, 2018 | by Robert Walch

There were more than fireworks falling from the sky in one South Los Angeles neighborhood on New Year’s Eve. ABC 7 News reported that amid the celebrations that night, a gunman fired a shot into the air, and the falling bullet struck nine-year-old Christopher Montoya. While Montoya is expected to make a full recovery, the individual who shot the gun is liable for causing his injuries, even if that person was not aiming at Montoya, or never even intended to hit him, or anyone else. Although this may seem like a “freak accident,” the individual shooter can still be liable for the injuries and damages he caused under the legal doctrine of negligence. Montoya can file a personal injury suit against the shooter, based on the shooter’s negligence.

Negligence:

Simply put, the doctrine of negligence means that we as humans, have a duty not to take actions that could hurt other humans. If we do take actions that cause harm, we are liable for that harm we caused, even if it was unintentional.

$3M Personal Injury Award for Los Angeles High-schooler Molested by her Teacher

December 15, 2017 | by Robert Walch

On December 14, 2017, a teenage girl, who was molested by her Los Altos High School teacher over three years ago, finally got some closure. U.S. News reported that a California jury awarded her “nearly $3 million in damages” in her personal injury lawsuit. The teen filed a personal injury suit because, as a result of the molestation, she now suffers from depression and post-traumatic stress. U.S. News stated that the suit named as defendants both her teacher, David Park, who had served time in prison for the criminal charges, as well as the Hacienda La Puente Unified School District, located just east of Los Angeles. The school district commented that “the verdict mostly blames Park but serves as a reminder that it must be vigilant in protecting students.” While certainly nothing can take away what this young girl experienced, she now can move forward with both closure and some form of compensation.

In this case, the young girl brought this personal injury claim not only against her abuser, Mr. Park, but also the school district. Legally, both can be held liable for the harm that befell the young girl. While Mr. Park’s fault is obvious, the Hacienda La Puente Unified School District can also be named as a defendant in the case because they not only have responsibility over the teacher who is an employee of the district, but the District also has a responsibility to protect their students from harm. There is also an economic benefit for naming the school district—they have more money to provide compensation for the student’s injuries.