A settlement has been reached in a 2006 accident in La Jolla. 71-year-old Robert Coon had been riding his bicycle in the bicycle lane on La Jolla Mesa Drive when his front tire got caught in a sunken depression in the roadway. Mr. Coon was thrown of f the bike and landed on his head, neck, and shoulder. He suffered a fractured neck and mild traumatic brain injury. His injuries required neck surgery; however, Mr. Coon continued to experience pain and numbness in his legs and buttocks. He then underwent epidural corticosteroid injections and lumbar laminectomy, foraminotomy, and decompression to his central spinal cord. This aggravated Mr. Coon’s pre-existing spinal stenosis. He continues to experience pain and numbness in his lower back and buttocks, and this may require an additional neck operation. Mr. Coon also underwent knee surgery.  

Mr. Coon believed that Westcoast Communications Co., an agent of Time Warner Cable, was responsible for the depression in the roadway. In 2000, the City of San Diego required Time Warner to move their overhead wires underground. Time Warner hired Westcoast Communications to dig a trench and install their wires underneath the bicycle lane on La Jolla Mesa Drive. Construction and industry standards required Westcoast Communications to place a concrete cap over the trench and compact the backfill material. This would prevent the asphalt from sinking and creating a depression. Westcoast Communications claimed they were unaware of the City Standards and therefore did not cap the trench or compact the backfill. Consequently, a 4-inch depression resulted in the bike lane on La Jolla Mesa Drive. Mr. Coon also believed the City of San Diego should have been aware of the condition of the roadway because the depression had been present for three years prior to his accident. It was discovered that the City had failed to inspect the area.  

Time Warner Cable Co. and Westcoast Communications argued that SDG&E and Par Electric were primarily responsible for the depression. They claimed the companies had previously dug trenches and had not arranged the backfill correctly, allowing ground water to penetrate the backfill, causing the depression. SDG&E and Par Electric denied any responsibility, claiming their work had met City standards.  

The case was settled for $1,830,000.

The family of a man who died in the Staten Island Ferry crash has won a wrongful death lawsuit. 44-year-old John Healy was killed when the ferry operator struck the concrete pier in 2003, killing ten others and injuring many. His family filed a wrongful death lawsuit against the City of New York and was recently awarded $8.75 million. There were a total of 172 claims against the City due to the ferry crash. $45 million has been awarded so far, with 44 cases yet to be settled.

A man is suing Ford Motor Co. after he was injured in an accident last October in
Arizona. 31-year-old Luis Pena, a U.S. Border Patrol officer, was responding to a narcotics call when his pickup truck began to drift to the right on Federal Route 20. When Mr. Pena tried to straighten the vehicle’s direction, the truck turned sideways and flipped. The roof of the F250 pickup came down on Mr. Pena and trapped him. He is now a quadriplegic. He is suing Ford Motor Co. for the defective and dangerous vehicle. Mr. Pena’s lawyers believe that Ford designed an unstable vehicle and did not inform the public of its known problems.

A Mexican man has won a case against the government after he bought a car filled with marijuana. Francisco Rivera Agredano bought a Nissan Pathfinder at a government auction in San Ysidro in 2001. Approximately four months later, he was pulled over at a military checkpoint near Ensenada and soldiers found 37 pounds of marijuana stashed in the vehicle’s doors, sides, and upholstery. Mr. Rivera and his passenger, his brother-in-law Alfonso Calderon Leon, were held in an Ensenada prison for nearly a year until they could prove their innocence. Mr. Rivera’s lawyer, Carlos Mejia Lopez, eventually convinced an appeals court that the marijuana was old and not only of no value, but therefore had been in the vehicle before his client purchased it. Mr. Rivera sued the government for breach of contract and was awarded $551,000. A district judge will decide how the money will be dispersed. Mr. Rivera’s attorney fees for Mr. Mejia total $350,000, along with $172,000-$285,000 for San Diego-based lawyer Teresa Trucchi.   

Though the case is settled, it is still unknown as to how the drugs were not found by U.S. Customs before they auctioned the vehicle. Judges refused to explain what happened to the Pathfinder from the time it was seized and before it was sold to Mr. Rivera because the government does not want smugglers to learn about their search procedures. Mr. Rivera’s attorneys claimed that Customs officials do not adequately search the seized vehicles because they do not want to take the risk of damaging them and lowering their value. However, Mr. Rivera’s lawyers do feel that the U.S. government has improved its inspection procedures in the years since Mr. Rivera’s ordeal.

Four hospitals in the San Diego area have each been fined $25,000 for mistakes that put patients in danger. Pomerado Hospital in Poway was fined for using an anesthesia machine that was not working properly. Three patients remained partially conscious during surgery and experienced a great deal of pain. A staff member had questioned whether the machine was functioning properly; however, the hospital continued to use it. When the patients complained, the hospital then discontinued the use of the machine. A fine was issued to Scripps Green Hospital in La Jolla after a patient fell off an examination table during surgery. The staff had not properly restrained her and had placed a slippery plastic biohazard bag on the mattress. The patient suffered spinal, head, and shoulder injuries. La Mesa’s Sharp Grossmont Hospital was fined for the death of a patient after staff neglected to turn on a ventilator. Lastly, Promise Hospital, formerly Villa View Community Hospital, was fined for allowing a nurse with a revoked license to treat patients and instruct other nurses on administering medication. Pomerado, Scripps, and Sharp officials have reported that they have hired more staff and increased training in order to correct these problems. The CEO of Promise Hospital is appealing the fine because no patients were harmed. Starting in July of 2007, hospitals are required to inform the state of any events that could or did harm patients. Forty hospitals have now received such fines. Other incidences at Scripps Green Hospital, Palomar Medical Center in Escondido, and Sharp Grossmont are being reviewed and may result in fines as well.

The wife of man who died after a motorcycle accident has won a wrongful death lawsuit. 49-year-old Stanley Stinnett crashed his motorcycle in 2006 while trying to avoid a dog that ran into the road. He was transported to Memorial Medical Center of Modesto where he was in the care of Dr. Tony Tam for five days. Dr. Tam reported that Mr. Stinnett suffered fractured ribs, and he prescribed painkillers and instructed the patient to rest. Six hours after he arrived at the hospital, Mr. Stinnett went into respiratory arrest. Tests showed that the patient had low blood oxygen levels and high acidity in his system, which should have alerted Dr. Tam that Mr. Stinnett was suffering from more than fractured ribs. While hospitalized over the next four days, Mr. Stinnett’s stomach filled with fluid and swelled a great deal. Experts explained that type of swelling occurs when the digestive process is not functioning. It can be treated by draining the fluid or letting the issue resolve itself. Dr. Tam chose not to drain the fluid. Mr. Stinnett began vomiting several hours later, at which time nurses drained 2.5 liters of fluid out of his stomach. He died shortly after.

An autopsy showed that Mr. Stinnett died of heart failure; however, some experts testified that he may have died from choking on the fluid in his stomach. Lawyers for the Stinnett family believed that Stanley was misdiagnosed by Dr. Tam and could have lived if he had drained the stomach fluid earlier. A jury found that Dr. Tam’s negligence was a factor in Mr. Stinnett’s death and awarded his widow, Holly, $8.5 million.  $148,000 was for past economic loss, $1.2 million for loss of future earnings, and $6 million was for loss of love, comfort, and companionship. However, jurors were not informed of a California law that only allows for a maximum of $250,000 to be awarded for non-economic damages. Consequently, Holly Stinnett will only receive $2.4 million. The Memorial Medical Center of Modesto settled separately for $175,000.

The families of four Marines killed in a 2004 helicopter accident have filed a wrongful death lawsuit. Adam E. Miller, Michael S. Lawlor, Lori A. Privette, and Joshua D. Harris were practicing low-level flying procedures near Camp Pendleton when they struck an SDG&E utility tower, killing the four. The families are now suing San Diego Gas & Electric for failing to install safety markers or lights on the tower. Attorneys for the families stated that even with night-vision goggles, the crew was unable to see the 135-foot tower. They believe that the accident could have been prevented if the tower had been equipped with safety lighting. SDG&E’s policy requires the company to install orange markers on power lines over 200 feet high; however, they do not have any policies regarding safety lighting. The families’ lawyer argues that most accidents will occur at levels lower than 200 feet.  Attorneys for SDG&E feel that the Marines are to blame for the accident, as they were warned about the power lines and they were familiar with the area. He further argued that the helicopters went out of the training route boundaries. The trial is expected to last for approximately one month.

A former member of the San Diego Chargers has settled a lawsuit against the city of
Coronado and a police officer. In September of 2006, 23-year-old off-duty policeman Aaron Mansker followed athlete Steve Foley’s vehicle because he believed Mr. Foley was driving while intoxicated. The officer trailed Mr. Foley from San Diego to Poway, where he then instructed Mr. Foley to pull over and get out of his vehicle. Mr. Mansker said it appeared that Mr. Foley was taking out a weapon as he exited his vehicle, at which point the off-duty policeman shot Mr. Foley in the back of his knee and his hip. Mr. Foley did not have a weapon. Mr. Mansker, who was dressed in casual clothing and driving his personal vehicle, claimed that he informed Mr. Foley that he was a police officer; however, he never presented his badge. 

Mr. Foley injuries required 12 surgeries, and he still suffers painful nerve damage and has trouble walking. He was forced to end his football career. He filed a civil lawsuit against the city of Coronado and Mr. Mansker because he believed procedural violations had been made. The attorneys for Steve Foley argued that Mr. Mansker violated policies by forcing Mr. Foley to pull over, as opposed to merely following him. The lawsuit was settled for $5.5 million.  

The city of Coronado is insured for liability claims up to $100,000, and it is also involved in another liability insurance program with other counties and agencies. That program offers extra insurance to cover claims over $2 million. The $5 million settlement with Mr. Foley has now lessened the reserve amounts for the other participating counties and agencies. Furthermore, off-duty policeman Aaron Mansker is covered by the government code, so he is not responsible to pay any of the settlement funds to Mr. Foley.

If you reside in the San Diego area and have been seriously injured, contact the law firm of Estey &  Bomberger.

A pet store chain has been sued in a wrongful death case after a man died from an illness contracted by a pet bought at the store. After purchasing a cockatiel from a Texas PetSmart in 2006, 63-year-old Joe de la Garza contracted psittacosis, which is a bacterial infection carried by certain bird species. The sickness is also known as “parrot fever.” Mr. de la Garza died less than three weeks after being infected with the disease. His daughter was also hospitalized from the illness.  

A spokesperson for PetSmart stated that when good hygiene is practiced, it is very unlikely that a human will contract psittacosis. However, late last year, the sale of birds was temporarily stopped country-wide after a threat of the illness.

If you reside in southern California and have suffered a serious illness or injury, contact the law firm of Estey & Bomberger.

A Kansas City man received $7.25 million for injuries he suffered after a 2006 pit bull attack. The dogs were owned by Paul Piper and Bryan Smith, who were living in a property owned by Brittnee Ann Wisdom and James K. Knowles. Ms.Wisdom, Mr. Knowles, and Ms. Wisdom’s mother, Nancy, had all made attempts to remove the dogs from the property. Brittnee left several notes for Mr. Piper, instructing him to cage or fence the animals. On the morning that Mr. Hill was attacked, the Wisdoms contacted animal control officers to remove the dogs from the property. Before animal control officers could remove the pit bulls, the dogs escaped out of an open window, eventually attacking Mr. Hill who was mowing the lawn in a vacant lot. The dogs were killed by police when they were located.

Mr. Hill remained on a feeding tube for over a month and suffered lacerations to his face as well as his arms and legs. He also suffered organ failure and now has permanent disfiguration and disabling injuries. The cost of his medical bills was over $500,000 and his loss of income was greater than $1 million. He was awarded $7.25 million and his wife, Connie, received $300,000.

Mr. Smith was sentenced to a year in jail, and Mr. Piper was also convicted. The attack has shed light on the need for tougher laws on dangerous dogs.

If you reside in the San Diego area and have been seriously injured, contact the law firm of Estey & Bomberger.