The Legal File Cabinet
California Personal Injury Cases
2010 Teenager Dies in Bizarre Religious Ritual
On or about July 6, 2010, a 16 year old parishioner attending services at defendants CHURCH was negligently, willfully, wantonly, carelessly, recklessly and tortiously given medication by the defendants prefatory to a religious ritual fast which medication contained bee pollen and certain other chemical compounds which were toxic and poisonous to the teenager who suffered respiratory and cardiac arrest and failure, and subsequently died within four (4) hours of consuming the medication.
The defendants' were fully aware that said capsulated products 8 contained toxic and poisonous substances and knew of the risk of death, but proceeded to give the teenager the medicine anyway.
The teenager's mother sued for pecuniary damages for her grief, mental anguish, sorrow, physical pain, lost probable support, lost moral support, lost companionship, lost society, lost comfort, and mental and physical pain and suffering.
2008 Toyota Camry Unintented Acceleration Leads to Car Crash, Wrongful Death
A 77 year old Orange County woman was killed in an auto accident on August 15, 2008 when she lost control of the vehicle she was driving which was a Toyota Camry. A wrongful death law suit was filed against Toyota Motor Corporation, claiming The SUBJECT VEHICLE was unreasonably unsafe and defective as specified above due to its known tendency for unintended and uncontrollable acceleration while in ordinary and expected use.
Plaintiff sued for personal injuries and wrongful death damages.
2007 Chevrolet Tahoe Seatback Failure Results in Traumatic Brain Injury
On or about October 18, 2007 at approximately 1:25 p.m.a passenger riding in the front seat of a Chevy Tahoe was killed when the Tahoe was rear-ended by a 2002 Ford Explorer pushing the Chevy Tahoe into a second impact with a 2001 BMW X-5. As a result of the initial rear impact, and due to defects inherent in the Tahoe, the passenger's seat back broke and collapsed rearward.This in turn caused the passenger's body to submarine out from under her seatbelt restraints, to ramp over her seat, and to strike her head in the rear compartment of the SUV, thereby legally causing serious injuries and damages, including multiple skull fractures and permanent brain injury and seizures to the victim as well as emotional distress and and loss of consortium to the victim's family
The victim's family filed a wrongful death law suit against General Motors Corporation for strict product liability, negligent product liability, negligence, and negligent infliction of emotional distress.
2006 Toyota Tacoma Seat Belt Failure Leads to Wrongful Death
On or about May 11, 2009, a female passenger riding in a 2006 toyota Tacoma died from fatal injuries after the driver, traveling on Coyote Hills Drive near its intersection with Foxwood Drive in Fullerton, lost control of the Tacoma, left the roadway and entered an embankment area, striking a tree, inverting and ejecting the passenger who died at the scene. The passenger was properly retrained in the vehicle and therefore should not have been ejected.
The victim's family filed a law suit against Toyota Motor Corporation for strict products liability and negligent product liability.
2005 Dodge Ram Rollover Results In Roof Crush, Cause Fatal Injuries
On or about August 15, 2007, at approximately 5:55 P.M., the the properly belted driver of a 2005 Dodge Ram was killed when the vehivle rolled over. She was traveling westbound on Interstate 40, outside the city of Navajo in Apache County, Arizona, at highway speeds, when the Dodge Ram veered off the roadway toward the left and into the median. The vehicle quickly veered toward the right and back onto the roadway crossing both westbound lanes as it began to skid in a counter clockwise direction. The vehicle began to rollover finally coming to rest upside down, facing in a southeast direction, partially on the right westbound lane and the emergency lane.
As the vehicle rolled, the roof crushed, causing severe and fatal injuries to the victim.
The family of the victim filed a wrongful death law suit against Chrysler Corporation for strict product liability, negligence(product liability), negligence, and negligent infliction of emotional distress.
2005 Toyota Corolla Defective Auto Parts Lead To Violent Accident, Catastrophic Injury
On or about April 14, 2007, the properly restrained driver of a 2005 Toyota Corolla, traveling northbound on Brea Blvd. just south of Tonner Canyon Rd. in Orange County, lost control of the Corolla due to the defects inherent in the vehicle, and the vehicle drifted across the southbound lane and collided head-on with another vehicle ejecting the driver through the right front door. Due to the defective seat belt restraints, seat backs, window systems, and/or door latches gave way, precipitating driver to be ejected from the vehicle, thereby causing severe personal injuries and trauma including traumatic brain injury (TBI), epidural hematoma, subarachnoid hemorrhage, multiple skull lacerations, skull fractures, right femur fracture, left ankle fracture, left humeral fracture, and right pulmonary contusion.
The victim filed a law suit against Toyota Motor Corporation for personal injury damages including strict product liability, negligence(product liability) and negligence.
2004 Jeep Cherokee Defective Seat Back Causes Traumatic Brain Injury
On or about June 9, 2007, at approximately 1:19 a.m., a passenger in the rear seat of a 2004 Jeep Cherokee, which was stopped in the number three lane of southbound Interstate 238 in Hayward, California, was severly injured. The passenger was wearing her available seatbelt and shoulder restraint at all relevant times. While stopped, the Jeep was rear ended by a 2000 Chevrolet Silverado. When the Jeep was rear ended, passenger's seat broke and collapsed rearward, permitting passenger's body to submarine backward and underneath her seatbelt and to ramp over her seat, causing passenger's head to strike the interior of the Jeep. This blow to passenger's head caused her to suffer severe injuries including, but not limited to, permanent brain damage.
The victim has filed a personal injury law suit against Chrysler LLC for strict product liability, negligent product liability, and fraudulent concealment.
2003 Ford Expedition Tire Defect Causes Rollover, Leads to Roof Crush And Catastrophic Head Injury
On or about August 1, 2007, at approximately 3:45 p.m., on Interstate 15 Southbound just north of Micro Ditch, in San Bernardino county, the driver of a Ford Expedition was within the legal speed limit when the left rear tire tread fully separated from the tire which caused the vehicle to initially veer left, causing driver to lose control of the SUV and as a result caused the SUV to roll. As a result of the roll of the vehicle the roof crushed inward toward the vehicle's occupants, causing driver to suffer severe and permanent crushing head and spinal injuries.
As a further result of the roll of the vehicle, five other passengers in the SUV, were ejected from the vehicle, sustaining major injuries including major laceration injuries.
The victims filed a law suit against Ford Motor Company for personal injuries; strict product liability, negligent product liability, negligence, negligent infliction of emotional distress, and breach of express and implied warranties.
2003 Ford F250 Super Duty Pickup Truck Rolls Over Due To Unstable Steering System, Results In Severe Injuries, Wrongful Death
On or about June 23, 2007, at 3:00 p.m. the driver of a 2003 Ford F250 was pulling a 5th wheel within the legal speed limit. The driver and a passenger in the right front seat were properly belted, when the Ford F250 lost control as a result of the defective and unsafe steering system of the truck, which caused the whole truck to shake severely and uncontrollably such that the driver had no control over the truck's movement over on to the oncoming traffic lanes. As a result the truck rolled over causing the roof to crush the driver and passenger. The driver suffered sever and permanent personal injuries and the passenger died due to due to severe head and internal injuries.
The family of the victims filed a law suit against Ford Motor Company for wrongful death and personal injuries; strict product liability, negligent product liability, negligent maintenance and repair, and negligent infliction of emotional distress.
2001 Subaru Forester Defective Auto Parts Lead To Wrongful Death
On or about October 27, 2006, a properly restrained driver of a 2001 Subaru Forester was traveling west on Interstate I-40 in San Bernardino County. The female driver was traveling at highway speeds when the Forester quickly veered onto the south paved shoulder, rotated in a clockwise manner, swerved north across both westbound lanes off the roadway onto the desert area and rolled over a minimum of two full times. The driver's seatbelt broke causing her to be ejected from the vehicle, causing fatal injuries. The minor, her daughter was seriously injured.
The victim's family filed a wrongful death suit against Subaru of America, Inc. for strict product liability, negligence(product liability), and negligent infliction of emotional distress.
2000 Nissan Frontier Defective Seat Back Causes Spinal and Head Injuries
On or about October 21, 2006, a female driver sustained catastrophic injuries, permanently rendering her a paraplegic when the 2000 Nissan Frontier she was driving was rear ended at a stop light in Pasadena. The driver's seat back failed causing her to submarine backwards out of her seat belt which in turn caused her head to strike the back seat of the car, causing catastrophic and permanent spinal and head injuries.
The victim filed a law suit against Nissan Motor Company for damages for strict product liability, negligent product liability, and negligence and negligent entrustment.
1999 Toyota Camry Collision Results In Severe Personal Injury
On or about June 12, 2009,the female driver of a 1999 Toyota Camry and a passenger, her husband, were both properly restrained in their seat belts. They were turning left at a traffic signal From Hermosa Ave. to Harbor Blvd. in Fullerton when they were struck on the driver's side by a 1993 For Explorer. The driver's side of the Toyota was crushed, causing severe and permanently disabling personal injuries.
Her husband, the passenger and witness to his wife's injuries suffered extreme and serious emotional distress upon seeing his wife's injuries.
The victims filed a law suit against Toyota Motor Corporation for damages for strict product liability,negligent product liability, and negligent infliction of emotional distress.
1998 Ford Ranger Tire Defect Causes Rollover, Leads To Catastrophic Injury and Wrongful Death
On September 9, 2008, the passenger of a 1998 Ford Ranger pickup being driven at the legal speed on westbound Arizone State Route 68 in Mohaje County, Arizona was killed due to a defective tire which blew out suddenly causing the vehicle to roll over.
The mother of the victim filed a wrongful death law suit against Ford Motor Company for strict product liability: defect tire, negligence defective tire, breach of express and implied warranties, strict product liability: defect vehicle, negligence: defective vehicle, breach of implied warranty re: defective vehicle.
1993 Honda Accord Tire Defect and Truck Driver's Negligence Cause Wrongful Death
On August 15, 2007, the driver of a 1993 Honda Accord was traveling eastbound on Interstate 10 in San Bernardino County when sudden tire failure caused her to lose control of the vehicle which slammed into a tractor trailor truck that was parked illegally in the emergency lane. The driver of the Honda Accord suffered fatal injuries.
The family of the victim filed a wrongful death law suit against Deepwater Transport Enterprises, Inc., the trucking company and it's employee, driver Donnie Hardison.
1991 Ford Ranger Rollover Results In Wrongful Death
On April 25, 2009, the male driver of a 1991 Ford Ranger was traveling at a legal speed on Interstate 10 in Riverside County when one of the tires on the vehicle experienced severe tread separation. As a result the truck rolled over, ejecting the driver who died at the scene.
The family of the victim filed a wrongful death law suit against Ford Motor Company and Bridgestone Americas Tire Operations, LLC for strict product liability, negligence(product liability), and breach of express and implied warranties.
1998 Dodge Caravan Tire Defect, Gasoline Leak Leads to Fire Resulting In Catastrophic Injury
On or about October 18, 2009, Four occupants of a 1998 Dodge Caravan suffered disfiguring burn injuries after the driver lost control due to sudden tire failure and a defective fuel system. The vehicle was traveling on Interstate 5 in Orange County near Irvien when the incident happened. the driver the 5th occupant of the vehicle suffered minor injuries.
The victims filed a personal injury law suit against Chrysler Group, LLC for strict product liability, negligent product liability, negligent infliction of emotional distress, and loss of consortium.
Pepsi Defective Product Causes Personal Injury
On July 9, 2008, a Pepsi consumer suffered severe damage to her left eye after a pepsi can she attempted to open exploded causing a piece of metal to separate from the can and fly at high velocity directly into the victim's eyeball then out again. The victim suffered traumatic globe rupture, extensive corneal laceration, lens destruction, corectopia, traumatic cataract, uveal prolapse, vitreous prolapse, and corneoscleral rupture which resulted in 100% loss of vision in her left eye.
The victim filed a personal injury law suit against Pepsico, Inc., The Pepsi Bottling Group, Inc., Ball Corporation, New Albertson's Inc. for personal injury for continued extensive necessary medical diagnosis and treatment procedures, the costs associated and ongoing severe pain and mental suffering.
Del Taco Negligent Construction Causes Wrongful Death
On March 12, 2008 a wheelchair-bound woman was seriously injured on the wheelchair ramp at Del Taco on Enchanted Way in Simi Valley. There were no handrails along the wheelchair ramp and the area was dimly lit causing a visual trap for the victim's son who was pushing the wheelchair. The victim's son was unable to judge the height difference between the curb and the level of the parking lot due to the dim light and lack of handrails and he thought the space was significantly smaller than it actually was. As a result, the victim's son pushed the wheelchair over the lip of the wheelchair ramp rather than down its incline and lost control of the chair because of the sudden fall of the chair, spilling his mother onto her head on the asphalt surface of the parking lot causing her the injuries which required treatment and eventually resulted in her death.
The victim's son filed a wrongful death law suit against Five K, Inc. MDM Construction, Inc., City of Simi Valley, Mark Anflick for negligent construction, negligent issuance of approvals for final occupancy and operations of business.
Mountain View California Dangerous Roadway Causes Personal Injury
On January 9, 2008, a Mountain View City worker suffered severe, permanent and disabling physical and mental injuries after he was pinned between his truck and a car that veered out of control on the road he was working on. The victim was lawfully standing and working on the roadway in a place authorized for such use, i.e. just behind a lawfully parked pickup truck that he was engaged in loading at the edge of the roadway, well out of the lane of travel for vehicles.
The Mountain View City worker filed a personla injury law suit against the city for dangerous condition of public property.
Three Car Collision Results in Wrongful Death of a Young Woman
On or about February 13, 2009, one woman was killed and several others were seriously injured in a 3 car pile up on California State Route 60 in Los Angeles County. Kimberly Anne Downes was driving to work in her 2002 Hyundai Santa Fe within the speed limit on SR-60 in Diamond Bar when, for unknown reasons, she swerved to the left, striking the center concrete median wall and overturning in the HOV lane. Shortly thereafter, Holly Ann Lee, driving a 2007 Toyota Yaris, struck Downes' Hyundai. Downes was at that time standing outside of her Hyundai, close to the collision of the two vehicles. Immediately following this collision, Victoriana Vazquez, driving a 2003 Jeep Liberty, struck Downes, who may have been thrown into the eastbound lanes of SR-60, fatally injuring Downes.
The parents of the deceased filed a law suit against the other drivers for wreckless and unsafe driving and against the California Department of transportation. Suit alleges Caltrans failed to provide safe lighting on a high-occupancy vehicle (HOV) lane resulting in a dangerous condition.
Dangerous Road Conditions, Negligent Driver Cause Trolley To Collide With Student On Bicycle
In February 2008, Julie Farris, an Azusa Pacific student in Azusa, California, was hit by a school-funded trolley while biking on campus. As a direct and legal result of the accident the victim sustained serious and permanent physical injuries, including but not limited to severe brain injury, and as a legal result of those injuries, has incurred and will incur in the future, the expense of medical treatment to treat those injuries; has lost and will lose in the future income from work and/or the full or partial ability to work; and other special damages.
The victim filed a personal injury law suit against the City of Asuza, the County of Los Angeles, Azusa Pacific University, and Oscar Armando Galan for personal injuries caused by dangerous condition of public property, motor vehicle negligence, and negligence.
Los Angeles School Negligence Causes Student Severe Personal Injury
on January 30, 2008, at approximately 9:45 a.m. in the woodworking classroom/shop at Paul Revere Charter Middle School, in Los Angeles, California, direct teacher or other appropriate supervision could not be provided. As a result of such negligence, a student was using a power tool at the time of the incident without adequate instruction or supervision and cut off two of his fingers. Had such care for the safety of student and other students, including proper and adequate training, management, and supervision been provided, or had proper limitations on the use of the power tools and equipment been implemented before the time of the incident, student would not have been injured as alleged herein. The student's injuries have resulted in great mental, physical and emotional pain and suffering, disfigurement, permanent partial and total disability, physical impairment, loss of enjoyment of life, and other general damages.
The family of the victim, a minor, filed a personl injury law suit against the Los Angeles Unified School District, and teacher for negligence.
Dangerous Walkway Conditions Lead To Severe Personal Injury
on July 26, 2009, the walkway through the tunnel and beyond, toward the Linda Lane parking area, and the curbs along the edge, were completely covered with 8 to 10 inches of seaweed, sand and other debris, to the point where the edges of the walkway and the adjacent curbs could not be distinguished. Janice Silva, accompanied by her husband, was walking in this area from the beach toward the parking area when the material under her left foot suddenly gave way and caused her foot to sink and become trapped even though her forward bodily motion continued, which caused her leg bones to break. The injuries to Janice Silva caused her to suffer severe bodily injury, past and future physical and mental pain and suffering, past and future other noneconomic losses, past and future economic losses.
The victim and the victim's husband filed a personal injury law suit against the City of San Clemente for damages for dangerous condition of public property.
Negligent Employees Make Coffee At Unsafe Tempratures, Causes Severe Burns To Young Girl
On or about March 13, 2010, a teenager, lawfully came into possession of a hot beverage purchased for valuable consideration, at which time she was caused to sustain severe burns to her person, due to exposure to said beverage when the liquid beverage contacted her skin, causing second and third degree burns to large portions of her torso, pelvis and legs requiring medical treatment.
The victim's family filed a personal injury law suit agianst Cafe U.S., 850 C Cafe and Bakery for negligence, negligent infliction of emotional distress due to sustained general and special damages to the victim, including, but not limited to, severe and disfiguring burns, severe emotional distress, past and future economic losses.
Funeral Home Employees Neglect Contract Cause Emotional Pain And Suffering
On May 17,2010, in San Bernardino County, Donna Lynch, entered into a written contact for cremation of her husband,Denne Warren Lynch. Under the terms ofthe contact the cremation of the deceased was to be witnessed by the family. Ms. Donna Lynch paid an additional $100.00 dollars to witness the cremation. On May 24, 2010, Denne Warren Lynch was cremated without the cremation being witnessed by the family as required under the contact.
Donna Lynch filed a personal injury law suit against Bobbit Memorial Chapel Inland for negligent misrepresentation, fraud, and intentional infliction; the Empire Crematory, Arrowhead of Emotional Distress Aftercare, Angel Salvatierra, and Armando Gracia for fraud and intentional infliction.
Intoxicated Police Officers Sexually And Physically Assualt Woman, Leads to Personal Injury and Emotional Distress
On or about April 2010, Erin Ruiz, was assaulted and raped at gunpoint by Defendant, Anthony Nicholas Orban, a Westminster police officer with the assistance of Jeff Thomas Jelinek, a correctional officer for the state of California. After a full day of heavy drinking of alcoholic beverages while armed with their police and state issued guns, Orban and Jelinek while in an extreme state of intoxication, set out to stalk women in the Ontario Mills Mall parking lot, on the late afternoon of April 2010. At that time and place, Orban and Jelinek spotted Erin Ruiz walking through the parking lot to her vehicle. They approached Ruiz and Orban pulled out his police issued gun and pointed it at her. Jelinek stood watch and made sure that Orban could complete the task at hand without being noticed by the public. Orban then proceeded to force victim at gunpoint into her vehicle and demanded that she drive with him to a different parking lot. When they arrived at a parking lot in Fontana, California, Orban forced victim to completely disrobe and proceeded to assault and rape her at gunpoint for over an hour. In addition Orban took photos of sexually explicit acts he forced Ruiz to perform upon him and with him. He then sent text messages of the photographs to Jelinek, along with self congratulatory written statements. The victim, Erin Ruiz suffered extreme physical and emotional trauma as a result.
The victim filed a law suit against Anthony Nicholas Orban and Jeff Thomas Jelinek as well as the City of Westminster and the State of California.
Parachute Defect Causes Severe Ground Impact, Leads To Catastrophic Injuries
On July 5, 2009, in Riverside County, Sang Bong Kim, made a flight and parachute jump from an aircraft owned, operated, leased, borrowed, and/or under the control of Skydive Elsinore and Lawrence E. Noggle. Due to improper packing of the parachute and defects to the parachute, it did not deploy properly and Sang Bong Kim struck the ground at high speed and without the benefit of the parachute. As a result Sang Bong Kim suffered serious and permanent injuries.
Sang Bong Kim filed a lawsuit against Skydive Elsinore, Lawrence E. Noggle, Performance Designs, Inc., SSK Industries, Inc., and Airtec Pneumatics, Inc. for negligence, strict product liability, and negligent product liability.