Wrongful Death

UCLA MEDICAL CENTER & CEDARS-SINAI MEDICAL CENTER PATIENTS’ FOUND IN “IMMEDIATE JEOPARDY” AFTER MEDICAL SCOPE SUPERBUG OUTBREAK

May 20, 2016 | by Robert Walch

California State Health Inspectors from the Department of Public Health in 2015 found two leading California hospitals in violation of numerous safety requirements that appeared to put their patients in “immediate jeopardy”. The violations were found at the Ronald Reagan UCLA Medical Center on March 4, 2015 and also at the Cedars-Sinai Medical Center just 21 days later. The state of California launched these investigations right after the notorious “superbug” outbreak reported last year that centered around hard to clean medical scopes that reportedly resulted in serious illnesses and some incidences of wrongful death in California.

At the UCLA Medical Center the state of California reportedly declared “Immediate Jeopardy” which meant that lives were at imminent risk after finding contaminated water and a tinted liquid cleaner dispenser that was used to prepare colonoscopes and other medical devices for patients.

At the Cedars-Sinai Medical Center the state of California again issued its very rare “Immediate Jeopardy” ruling when it reportedly found “a widespread pattern of potential ineffective sterilization and storage of surgical instruments” as well as disinfection of medical scopes.

Woman Killed in Los Angeles Hit and Run Pedestrian Accident

March 4, 2016 | by Robert Walch

Early Thursday morning, a 64 year old Hispanic woman was killed when she was hit by a Ford Explorer in a tragic Los Angeles wrongful death hit and run accident. According to KTLA5 News, which has a picture of the Explorer on its website, the driver of the SUV first struck a school bus. After this crash, the driver tried to flee the scene by driving over the sidewalk, where the woman was hit by the SUV.

After striking and killing the woman, the driver of the Explorer then fled the scene and has not yet been located by authorities. The Los Angeles City Council is offering a $50,000 reward for information that brings the driver of the Explorer to justice. This offer is through the Hit and Run Reward Program Trust Fund.

New Measures Will Soon Be Implemented to Help Prevent Santa Monica Pedestrian Accidents

March 3, 2016 | by Robert Walch

According to LAist, the City of Santa Monica will be putting in eleven pedestrian scrambles to help make the streets safer and attempt to prevent Santa Monica pedestrian accidents. Because of the amount of foot traffic in downtown Santa Monica, we hope that these measures will help prevent accidents and help move traffic along at a more efficient pace.

The pedestrian scrambles function by stopping all cars in all directions at the designated intersections so that pedestrians can cross in all directions, including diagonally across an intersection. With cars stopped in all directions, this should lead to fewer people getting hit by a car in Santa Monica.

Also, because drivers will not have to wait for pedestrians to cross when making turns, this should help cause less traffic congestion on the streets of downtown Santa Monica. The counter argument would be that since there must be a significant time after each traffic cycle where all vehicles are stopped, this could cause certain traffic backlogs.

CarMax Salesman Killed During Test Drive in Ontario Wrongful Death Crash

February 25, 2016 | by Robert Walch

A salesman for CarMax, Warren Smale, was killed on Tuesday in an Ontario car accident. The car accident occurred when Smale was the passenger of a Chevrolet Corvette that was being driven by Alex Demetro. According to ABC11 News, Ontario Police are confirming that Mr. Demetro was driving at a high rate of speed when he crashed into a tree, tragically killing Mr. Smale.

Mr. Demetro was allegedly under the influence of drugs at the time of the car accident in Ontario, California. He has been arrested for gross vehicular manslaughter, for the death of Warren Smale.

Carmax is the largest used car retailer in the United States, with approximately 150 locations throughout the country. The driver of the vehicle on the test drive, Alex Demetro, was also allegedly driving with a suspended license.

There are many civil and criminal legal ramifications for a tragic car accident wrongful death such as this one. Criminally, the driver will likely be charged and may face significant jail time for the death of Mr. Smale. Civilly, the heirs of Mr. Smale will likely make a claim for wrongful death damages. Assuming that Mr. Smale was an employee of CarMax, there may also be a worker’s compensation claim.

Police Looking for Driver Who Killed Pedestrian in Santa Ana Accident

December 3, 2015 | by Robert Walch

The Santa Ana Police Department is looking for the driver of a vehicle that struck and killed a man on Sunday. The Santa Ana pedestrian accident occurred in the early hours of Sunday morning on W. 1st Street. According to KTLA5 News, witnesses reported seeing a newer blue Honda Accord (approximately 2013-2015), with tinted windows, that apparently sped up after the accident.

The victim of this Santa Ana accident was Jorge Luis Lopez-Lobato, who was found on the center median. He was 35 years old and rescuers were not able to do anything to revive him. The investigating police offer said that Mr. Lobato was not in a crosswalk and was crossing near the middle of the block. The officer pointed out that if the driver of the vehicle had stopped, there may be no criminal charges for the accident.

However, because the driver of this car fled the scene, there will potentially be vehicular manslaughter charges if and when the driver is located by police. Police also said that the vehicle’s driver’s side mirror was knocked off and there should be damage to the front of the car from the impact.

If anyone has any information about this accident, they should call Orange County Crime Stoppers at 1-855-TIP-OCCS.

Bicyclist Killed in Los Angeles County Big Rig Truck Accident

October 28, 2015 | by Robert Walch

In a tragic and freak wrongful death accident yesterday, a big rig truck carrying a shipping container apparently struck a bridge, causing the container to fall off of the truck and crush and kill a nearby bicyclist. This wrongful death truck accident occurred close to where Carson borders Long Beach, in Los Angeles County, California.

According to the Los Angeles Times, the LA County Fire Department said that the truck collided with a railroad bridge, which knocked the shipping container off of the truck. LAist.com is reporting that the bicyclist was riding on the sidewalk when he was hit and crushed by the container.

LAist has verified the identity of the deceased bicyclist as Robert Castorena, a resident of the City of Long Beach, California. Mr. Castorena was 51 years old.

We highly recommend that Mr. Castorena’s family members immediately contact a Los Angeles wrongful death lawyer who is experienced in proving wrongful death damages. Here, the liability, or fault for the accident, most likely is on the trucking company, as the truck should not have been operating in an area with bridges low enough to knock the container off of the truck.

PEDESTRIAN KILLED, OTHERS INJURED BY SHERIFF’S PATROL CAR IN WEST HOLLYWOOD, LOS ANGELES

October 19, 2015 | by Robert Walch

Los Angeles County Deputy Sheriffs responding to a domestic violence call, reportedly with lights and siren on, clipped another vehicle, bounced onto the sidewalk and hit two (2) male pedestrians walking on the sidewalk on the 8800 block of Santa Monica Boulevard. The momentum of the police vehicle was so powerful that the sheriff’s vehicle continued moving until it struck a light pole and a tree.

The Sheriff’s Department reported that the two (2) involved pedestrians were taken to the hospital where tragically one died. The second involved pedestrian reportedly suffered very serious, but not life threatening, injuries.

There were two (2) deputies in the sheriff’s vehicle who, according to the Los Angeles Times, also were seriously injured, one of whom actually had to be extricated from his damaged vehicle by firefighters. The identities of the two (2) sheriff deputies were not immediately released.

To try to avoid an obvious conflict of interest, this pedestrian accident is being investigated by the California Highway Patrol (CHP). As a result of this accident and the following investigation by the CHP, Santa Monica Boulevard between San Vicente Boulevard and Hancock Avenue was closed to allow investigators to gather evidence.

The family of the deceased man should contact a California wrongful death lawyer right away for a free consultation.

Thousand Oaks Pedestrian Accident Kills Local Man

September 2, 2015 | by Robert Walch

A possible wrongful death accident in Thousand Oaks claimed the life of a man by the name of Marc Piaskowsky, a resident of Thousand Oaks, California. Mr. Piaskowsky was killed on Monday when he was hit by a car while crossing the street. The Thousand Oaks pedestrian accident occurred when Mr. Piaskowsky was crossing from La Paloma Circle to Avenida de los Arboles.

According to The Thousand Oaks Acorn, Mr. Piaskowsky was not crossing the street in a crosswalk, however there was a tunnel and a crosswalk nearby. It is not yet known why Mr. Piaskowsky was not using either the tunnel or crosswalk, if that information proves to be correct.

Investigators from the Thousand Oaks Police Department are investigating what factors contributed to this man getting hit by the car. If it is shown that the driver of the Lexus was operating her mobile phone, speeding, intoxicated or otherwise negligent, the family of the deceased may bring a Thousand Oaks wrongful death claim against the driver. The claim would be made with the driver’s liability insurance coverage.

San Clemente Man Killed in Agoura Hills Accident

August 4, 2015 | by Robert Walch

An Agoura Hills accident on Friday has resulted in the death of Eric Stein, a thirty-six year old man from San Clemente, California. According to the Agoura Hills Patch, Stein was driving on Mulholland Highway, near Kana Dume Road, in Agoura, California, when his vehicle was struck by a Los Angeles County Fire Department vehicle that was in route to a brush fire.

Apparently, Mr. Stein was slowing down to make a left turn when the Fire Department truck, which was carrying female inmates, tried to cross over the center line to pass Mr. Stein, thereby striking the driver’s side of Stein’s Ford Fusion, as it was in the process of making a left turn.

According to the California Highway Patrol, the Fire Department vehicle was driving with its lights and sirens activated. If correct, it is not currently known why Mr. Stein apparently did not hear or see the vehicle approaching and pull over to the right side of the road. However, it must be noted that we have seen emergency personnel claim that they had their lights and sirens activated prior to an accident, when in fact witnesses have said that the emergency vehicle did not in fact have lights and sirens activated.

6 People Killed in California Apartment Balcony Collapse

June 16, 2015 | by Robert Walch

6 people died today and others suffered serious injuries when an apartment balcony they were on collapsed. The apartment balcony collapse accident happened in Berkeley, California, and the victims appear to be Irish citizens in California on short term work visas (J-1).

According to cnn.com, this tragic incident happened at the Library Gardens Apartment. In addition to the six people who were reportedly killed in this accident, at least another seven people have serious injuries for which they have been hospitalized.

It is not yet clear exactly what caused this balcony to collapse, but reports suggested the entire balcony tore away from the building, from the 4th floor. Berkeley police reported that the incident occurred between 12 and 1am this morning.

There are many legal ramifications for a tragic incident such as this one. First, the heirs of the wrongful death victims should file California wrongful death claims against the apartment complex. In addition, the severely injured guests or residents of the apartment may make personal injury claims against the apartment complex.