A man is seriously injured after an accident at Knott’s Soak City in Chula Vista on July 31^st. Investigations show that 28-year-old Ernesto Garcia violated the park’s rules when he failed to wait for lifeguards to assist him out of a raft. He instead dove into shallow water and hit his head. Mr. Garcia is hospitalized and his wife claims that he may be paralyzed.  

A settlement has been reached in a premises liability lawsuit after a 2005 accident. 69-year-old Joy Jaeger was walking along a walkway in front of The Fish House Vera Cruz in
San Marcos when her foot got stuck in a pothole. Ms. Jaeger fell, resulting in a fractured elbow and facial lacerations. Her injuries required stitches to her left eye and three surgeries for an implant in her elbow. She also needed physical therapy and still suffers from pain and limited range of motion.  

Ms. Jaegar sued Butler Properties, the owner of the facility, for premises liability because the pothole caused the walkway to be dangerous. Butler Properties argued that the victim actually fell on the neighboring property.  

The case was settled for $210,000.

A man was injured while riding his motorcycle on July 9^th. The 24-year-old was entering onto the San Diego-Coronado Bridge from southbound Interstate 5 when he lost control. The vehicle went over the railing of the freeway and the driver fell off the motorcycle. He landed in the northbound lanes of Interstate 5, and the bike landed below the freeway in Chicano Park. The driver was transported to the hospital with a fractured femur. The accident is still being investigated, but it appears that speeding was the main cause.

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 woman is dead after a motorcycle accident on June 30^th. 54-year-old Patricia Lace Burke and her husband, Howard Burke, were riding their motorcycles eastbound on Route 76 near Fallbrook around 10:40 a.m. As they were nearing Couser Canyon Road, Mr. Burke made a right turn in front of his wife’s motorcycle, causing them to collide. Mrs. Burke was pronounced dead at the scene shortly after the accident.

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

A case has been settled regarding injuries a woman received after falling outside of a coffee shop. 44-year-old Lorraine Brandt was walking down a steep walkway next to the driveway of an establishment called The Daily Grind. Ms. Brandt fell, resulting in the fracture and dislocating of her ankle. She required two operation and is in need of a third.  

The victim sued the owner of the facility, SB Food Grind Co. Inc., believing that the walkway was dangerous. The company argued that the walkway was safe, and Ms. Brandt was to blame because she was negligent. They argued further that there was no prior incidents of any accidents on the walkway. 

A settlement of $420,000 was reached, and Ms. Brandt was not found to be negligent.

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

A case has been settled regarding injuries received in a 2007 accident. 57-year-old Mary Jackson was on her way to work when she was struck by another vehicle driven by Steven Almeida. Mr. Almeida admitted that he had fallen asleep at the wheel. Mrs. Jackson suffered a stroke and spent six weeks in a coma. She also suffered a fractured leg and needed an operation to her knee. The victim’s husband sued Mr. Almeida for loss of consortium. A settlement of $2,150,000 was reached.

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

A lawsuit has been settled regarding the injuries a couple received after a helicopter crash in 2007. Doug and Judy Barton were passengers on a helicopter tour of Kaua’i, and were approximately 1000 feet in the air when the tail section of the helicopter blew apart. The pilot tried to slow the aircraft’s fall, but he was unable to prevent the crash. 61-year-old Doug Barton and 52-year-old Judy both suffered spinal injuries. Mr. Barton is now in severe pain when walking, and Mrs. Barton has no feeling below her waist and no bladder or bowel functions. She needs daily nursing assistance. The Bartons’ medical bills have reached $750,000. Another passenger, Michael Gershon, was killed, and both the pilot, Donald Torres, and a fourth passenger, Dania Hansen, were injured.

The cause of the crash is believed to be a defective fitting in the tail rotor. After some research, it was found that the helicopter had 16 tail rotor failures, with 10 of them being caused by metal fatigue. After the crash, the National Transportation Safety Board stopped the use of all similar aircraft. It was discovered that two helicopters in
New Zealand had the same defect. This crash was the second in three days in Kaua’i, with the first crash killing four people.

The Bartons filed a lawsuit against Aluminum Precision Products Inc., the manufacturer of the defective fitting, Smoky Mountain Helicopters, who owned the aircraft, and the Boeing Co., which has merged with McDonnell Douglas, and built the helicopter. They were awarded $9.5 million.

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

$988,850 has been awarded to a woman who suffered injuries after being unsupervised at a nursing home. In September of 2007, 83-year-old Elizabeth Gladys had been residing at an assisted living center for nearly two years. At approximately 5:00 a.m. on September 20^th, Ms. Gladys, who suffered from dementia, exited the building. In doing so, she set off a door alarm. Three staff members were on the premises, two of which did not hear the alarm, and one was on the phone. Ms. Gladys was found about 20 minutes later by a neighbor who lived several houses away from the facility. She had suffered an intertrochanteric fracture of her hip and subdural hematoma with cognitive impairment.  

The Department of Social Services issued a complaint against the facility for failing to provide adequate care to a resident suffering from dementia, leading the resident to suffer injuries. They demanded $1.2 million, and the facility offered $300,000. A final settlement of $988,850 was reached.

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

A settlement has been reached in a lawsuit regarding at 2007 accident. 76-year-old Marilyn Clark was the passenger in a car being driven by her husband. The couple was crossing an intersection when the driver of a Navigator, Mohammed Zeidan, ran a red light. Mr. Zeidan collided with the passenger side of the Clarks’ vehicle. Ms. Clark fractured her jaw and ribs and also suffered a collapsed lung.  

The Clarks sued Mr. Zeidan for negligence, which he did not dispute. A settlement was reached for $100,000.

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