Recent Blog Posts in February 2010

A pedestrian was killed this month when he was struck on the northbound side of the 101 Freeway, just south of Hollywood Boulevard. The accident occurred 7:50 p.m. on a Friday night.

At this time it is not known whether the pedestrian was walking on the freeway or if he had gotten out of a stopped vehicle. It is also unknown whether or not the driver who hit the pedestrian was at fault for the accident.

The California Highway Patrol has not released any other information about the accident.

A Pasadena construction worker who continues to suffer from the effects of a traumatic brain injury has reached a settlement that will provide for his living expenses and cover the cost of his psychological and neurological rehabilitation.

The 65-year-old construction worker was pouring cement when the cement house became clogged. When the plug finally dislodged, the hose whipped out of the man’s hands and struck him on the head. The worker lost consciousness and was taken to a nearby hospital. Doctors diagnosed a cranial bleed, but weeks later the worker needed surgery in order to stop the bleeding. To this day he continues to suffer from the effects of his injury.

An investigation found that the cement pump operator failed to follow safety regulations when encountering a plug and failed to communicate properly with the cement finishers.

The victim’s attorneys plan to file a separate lawsuit against the general contractor for failing to maintain a safe working environment.

Injured on a Construction Site?

Construction sites are inherently very dangerous places to work, which increases any construction worker’s chances of getting injured or involved in an accident. If you have suffered an injury while working on a construction site, please don’t hesitate to contact a Pasadena personal injury attorney at the Law Offices of Gerald L. Marcus. We have handled many construction accident claims and are dedicated to helping those who have be wrongfully injured recover the compensation they need and deserve for their lost wages, medical bills, and pain and suffering.

If you are interested in learning more about your legal rights and options following a construction accident injury, take a moment to contact the office today to schedule a consultation to discuss your claim.

Five people are dead and two people are injured following a head-on collision involving a pickup truck and country star Trace Adkins’ tour bus.

The accident occurred February 13 when the pickup truck, driven by 21-year-old Justin Maxey, crossed the center divider on U.S. Route 71 in Louisiana and collided head-on with Adkins’ tour bus, which was en route to a concert. Both Maxey and his passenger were killed in the accident, while five of Adkins’ band members who were riding in the bus sustained injuries. Adkins himself was not in the bus at the time of the accident.

The band members were transported to a nearby hospital, where they were treated for relatively minor injuries, including bumps, bruises, lacerations, and a shoulder injury. Adkins later picked up his band mates from the hospital and they went on to perform a scaled-back version of their show.

Recovering Compensation After an Accident

Have you been injured in a truck accident or bus accident? If so, a San Fernando Valley truck accident attorney at the Law Offices of Gerald L. Marcus would be happy to meet with you during a free consultation to review your case and determine if you have a valid injury claim. If it can be proven that another person was at fault or contributed to the accident, you could be eligible to recover compensation for your pain and suffering, property damage, medical bills, and lost wages.

Contact the Law Offices of Gerald L. Marcus today by calling (888) 203-PAIN. The sooner you speak with an attorney, the sooner action can be taken and the closer you’ll be to reaching a settlement.

The family of a coal truck driver in Tennessee has filed a wrongful death lawsuit after the victim was killed while driving a company vehicle.

The lawsuit was filed by the widow of Darrell T. Seiber, on behalf of herself and their two minor children. She is seeking $7 million in compensatory damages and $10 million in punitive damages.

Seiber was killed when the coal truck he was driving went off the road, into a ditch, hit a tree, and overturned. Named as the defendant in the lawsuit is National Coal Corp., a company based in Knoxville, Tennessee. Seiber was driving a truck for Joe Cox Trucking, an independent hauling company that provided trucks for National Coal.

The lawsuit states that an investigation conducted by the U.S. Department of Labor’s Mine and Safety Health Administration found that National Coal violated several regulations, including failure to ensure that independent contract drivers, like Seiber, receive initial mine training, and that an engine brake accelerator switch on the truck was not working at the time of the accident. The investigation also discovered that the truck was overloaded. At the time of the accident, the truck was carrying as much as 169% of its maximum gross vehicle weight rating, which the administration said was a contributing factor to the accident.

Contact an Experienced Truck Accident Lawyer Today

If you or your loved one has been injured or killed in a truck accident, it’s important to consult an attorney right away. People often assume accidents have to be caused by another driver in order to recover compensation. This is not true. Overloading a truck, failure to ensure the vehicle’s parts are in good working order, and failing to ensure drivers are property trained are all examples of negligence. If any of these factors contributed to your accident, a Los Angeles truck accident lawyer at the Law Offices of Gerald L. Marcus will advocate your rights to recovery and help you file a personal injury lawsuit for the largest possible settlement.

Contact the office today at (888) 203-PAIN to learn more about the services offered at our firm!

A Northern California woman has filed a product liability lawsuit against General Motors Corporation after she sustained a serious head injury during an accident.

The victim, Wendy Leigh Yates, was riding in the passenger seat of a Chevy Tahoe when the SUV was rear-ended by another vehicle. As a result of the impact, Yates' seat collapsed backward, causing her to slide back and hit her head on the rear passenger compartment. As a result of the accident, Yates suffered multiple fractures to her skill that led to permanent injury and seizures.

In her lawsuit, filed against both General Motors and Sexton Chevrolet of Manteca, the dealership where she purchased the car, Yates claims both entities are liable for her injuries. Yates claims that the Tahoe had both a design and manufacturing defect that made the vehicle inherently unsafe, and that GM knowingly sold a defective vehicle to consumers and failed to warn them of the safety risks. Yates is also claiming that GM knew, or should have known, that the defect would cause injury in a relatively low-impact accident, and that GM’s own footage shows the seats can fail during a collision, causing the passenger to fall back and hit their head. Yate’s suit also maintains that GM’s testing showed that the seat belt was not effective in holding the occupant in place when the seat collapsed.

Yates is seeking an undisclosed amount for medical bills, loss of earning capacity, pain and suffering, and economic damages. She is also seeking compensation for loss of consortium of behalf of her husband.

It seems as if every day another vehicle maker or model is defective, posing serious risk of injury or death to consumers. If you have suffered an injury as a result of a defect with your vehicle, a Ventura County personal injury lawyer can help. Contact the Law Offices of Gerald L. Marcus today at (888) 203-PAIN to arrange a consultation to discuss your case and what options are available to you.

Five people are suffering from injuries after an escalator malfunctioned in a crowded Attleboro, Massachusetts mall.

The Emerald Square Mall was particularly crowded February 13 because Disney Channel star Selena Gomez was performing. Just as Gomez was about to begin her second performance, a herd of people began rushing the escalator in an effort to get closer to the starlet.

While people were climbing their way up the escalator, the escalator somehow malfunctioned and began moving in the opposite direction. Naturally this caused the people to lose their balance and fall backwards towards the floor.

Police and emergency medical services were called to the scene, where they treated 5 injured people. Three people had to be transported to the hospital via ambulance for treatment.

Police are still investigating what caused the escalator to malfunction. If it is proven that the mall owner knew the escalator was defective or broken, or that the mall owner failed to ensure the escalator was in good working condition on a regular basis, the victims may have grounds to file a premises liability lawsuit. Premises liability laws state that people who suffer injuries on the property of another have the right to be compensated if they can prove the property owner was negligent. If you think you may have grounds to file a premises liability lawsuit, a Los Angeles personal injury attorney at the Law Offices of Gerald L. Marcus can help. To arrange a consultation to discuss your legal rights and options, please call (888) 203-PAIN!

The latest vehicle model to be included in Toyota’s massive recall is the 2010 Prius.

Toyota is recalling approximately 270,000 Priuses in both the United States and Japan after receiving countless reports of consumers experiencing trouble with the brakes.

The recall only includes the third generation Prius, which was launched in May 2009. Since the 2010 model went on the market, the National Highway Traffic Safety Administration and the Transportation Department’s safety agency have received 124 complaints regarding the brakes, and 4 reports of crashes.

One of the things the transportation department will be investigating is whether or not there is a momentary loss of braking capability when driving over uneven roads or surfaces, such as bumps and potholes.

Toyota has supposedly identified the problem with the anti-lock brake system in the cars, saying it relates to the fact the vehicles are a gas-electric hybrid.

“When the car moves on a bumpy or slippery surface, a driver can feel a pause in the braking when the vehicle switches between the traditional hydraulic brakes and the electronically operated braking system. The brakes work if the driver keeps pushing the pedal,” said a Toyota spokesperson.

The Law Office of Gerald L. Marcus is committed to helping victims of auto accidents recover the compensation they need to cover their medical bills, lost wages, and property damage. If you have suffered an injury in an accident caused by a faulty brake system, whether in a Prius or another vehicle, you should speak with a knowledgeable Santa Clarita personal injury attorney about your legal rights and options. If you’re interested in arranging a free consultation to discuss filing a claim, please contact the Law Office of Gerald L. Marcus today by calling (888) 203-PAIN!

Drivers and passengers are at risk of injury any time they are involved in a car accident. While some car accidents are minor fenders benders, others are serious collisions than leave the occupants in the car severely injured.  

Types of injuries a driver or passenger may sustain during an accident can range from minor bruising to brain damage, permanent disability, and even death. One of the most common types of injury is whiplash. Whiplash occurs when the neck is snapped backed and forth due to excessive force. This type of injury is particularly common in rear-end collisions. 

Other types of car accident injuries include:

• Broken or fractured bones
• Internal bleeding or bruising
• Brain & spinal cord injuries
• Back and neck injuries
• Scarring and disfigurement
• Soft tissue injuries
• Paralysis (quadriplegia or paraplegia)
• Permanent disability

An experienced Los Angeles personal injury attorney at the Law Offices of Gerald L. Marcus can help you take advantage of all your legal options following a car accident injury. Under California personal injury law, you are entitled to be compensated for your pain and suffering, property damage, lost wages, and medical bills if you can prove your injuries stemmed from an accident caused by a negligent or reckless driver. To learn more about your rights to recovery, feel free to contact the office today at (888) 203-PAIN to arrange a consultation to discuss your case.

A Manhattan hospital and one of its doctors are being sued by the family a patient who died in their care.

The family of Felita Dowdy, a 33-year-old woman from the Bronx, filed a wrongful death lawsuit against St. Luke’s Hospital and Dr. Bruce Lish. Dowdy’s family is claiming both the doctor and hospital are responsible for her death.

The lawsuit stems from a hospital visit that left Dowdy brain damaged. As reported in an article on UPI.com, Dowdy had cerebral palsy, a condition that caused her teeth to rot. She came to the hospital on July 23, 2009 to have her teeth extracted. At some point after her teeth had already been extracted, Dowdy went into respiratory arrest, causing her to suffer brain damage. She sadly passed away in October. An autopsy concluded that her cause of death was complications from the surgery she received at the hospital.

The family’s attorney, Stuart Kitchner, also claims the drug fentanyl contributed to her death.

The family is seeking an undisclosed amount in damages.

The hospital said it extended its deepest condolences to Dowdy’s family, but that it could not comment on the lawsuit because it is still pending. Lish could not be reached for comment but his father, Dr. Jerome Lish who is also a dentist, said his son has experience treating disabled patients and is not at fault.

Whether you have lost a loved one due to medical malpractice, a car accident, a dangerous drug, or another type of accident or injury, if you think another person is at fault you should take a moment to consult a Pasadena personal injury lawyer at the Law Offices of Gerald L. Marcus. The law entitles you to benefits if you can prove another person’s negligence or reckless actions contributed to your loved one’s death. For more information about filing a wrongful death lawsuit, please contact the Law Offices of Gerald L. Marcus today to arrange a FREE consultation!

Authorities in Lyon County, Iowa say speed was a likely factor in a pick-up truck accident that left a man injured.

According to a Lyon’s County Sheriff’s deputy, the man was driving along 481 ^st Street along the South Dakota/Iowa border when for some reason his truck went off the road and crashed into a tree.

The man was taken to a nearby hospital to receive treatment for his injuries. It was not reported what type of injuries the man sustained.

The sheriff’s department is now investigating the cause of the crash.

If you have been injured in a truck accident in California, you may have grounds to recover compensation under the state’s personal injury laws. The law states that if an accident is caused by another person's negligent or reckless actions, the victims have the right to be compensated for their pain and suffering, medical expenses, lost wages, and property damage. Because speeding is considered a form of negligence, the victim in this case would likely have been held liable for damages had he injured another person.

To learn more about your rights and options following a truck accident, please feel free to contact a Los Angeles personal injury attorney at the Law Offices of Gerald L. Marcus today!

Honda is expanding a previous recall by another 378,000 vehicles. In November 2008, the Japanese-based automaker recalled less than 4,000 model year 2001 Accords and Civics after reports surfaced of airbag inflators rupturing and causing injury and death.

According to Honda, there have been 12 incidents of airbag inflators deploying with too much pressure, causing the inflator to break apart and send metal fragments through the airbag cushion, reports KTLA News. So far one person has died from the defect.

After the original recall was announced, Honda received two additional reports of the airbags rupturing. One of those reports involved a vehicle model not included in the original recall.

In the latest recall, Honda expanded the list of models to include certain 2001 and 2002 Accords, Civics, Odysseys, CR-Vs, and selected 2002 Acura TLs.

Owners of affected vehicles can expect to receive a written notice about the recall, but if any Honda owner is concerned, they can call (800) 999-1009 or visit http://www.ahm-ownerlink.com/SEO/HondaRecall.asp?recallStatus=NO%20VIN&recallId1=NO%20RECALL%20IDS . Acura owners can call (800) 382-2238 or visit http://owners.acura.com/recalls/ .

If you have suffered an injury due to a defect with your Honda or Acura, you should consider contacting a personal injury attorney about your legal rights and options. The Law Offices of Gerald L. Marcus has over 30 years of personal injury experience, and can help you file a product liability lawsuit against the responsible party.

To arrange a consultation with a skilled Antelope Valley personal injury attorney, please  contact the Law Offices of Gerald L. Marcus today at (626) 396-1118.

A Riverside County jury has sided with the victim in a medical malpractice lawsuit.

Trent Hughes filed a medical malpractice claim against Christopher Pham, a neurosurgeon at Desert Regional Medical Center in Palm Springs. Hughes is claiming that Pham failed to treat his injury in a timely matter, which resulted in paraplegia.

Hughes came to the hospital after falling off his vehicle while off-roading. Complaining of searing pain in his lower back and a tingling sensation in his feet, Pham should have reported to the hospital within 20 minutes of Hughes' arrival. Hughes’ lawsuit states that Pham, who was on call that day, did not examine Hughes until the next day, and did not operate on Hughes until two days after he was admitted to the hospital. By the time Hughes finally received treatment it was too late. Hughes is now paralyzed from the waist down.

Hughes’ attorneys also provided evidence that Pham planted documents to make it appear like he was at the hospital, when in actuality he wasn’t. 

Hughes was awarded $16.5 million in by the jury. However, due to California’s cap on medical malpractice damages, Hughes will only receive $500,000 of a portion of the jury award totaling $3.75 million.

Have you suffered an injury or debilitating condition due to the negligence of a doctor, hospital, or medical professional? If so, a  San Fernando Valley personal injury attorney at the Law Offices of Gerald L. Marcus can help you pursue a medical malpractice claim. To learn more about your legal rights under California medical malpractice laws, please contact the office at (888) 203-PAIN to schedule a FREE consultation to discuss your case.

A 5-year-old Fontana girl and two of her siblings are being treated for  dog bite injuries after being attacked by four pit bulls and one pit bull/bull mastiff mix.

The girl, Destiny Colon, is listed in critical condition at Loma Linda University Children’s hospital. Destiny suffered the worst injuries of all three children. When the dogs attacked, they lunged for Destiny, pulled her away from her mother, and began shaking her violently like a rag doll.  According to the Los Angeles Times, Destiny suffered broken ribs, a punctured lung, several serious bites, and possible internal injuries.  She has since been placed in a drug-induced coma and needs a ventilator to breath.

Destiny’s 7-year-old brother was treated for severe bites to legs, where the dogs reportedly ripped out parts of his leg muscle.  According to Fontana police Sgt. Jeff Decker the boy received more than 200 stables in his leg.

A third sibling, an 8-year-old boy, was also treated for bites to his arms and legs.

The attack occurred last week when Destiny, her mother, and her three siblings were walking along the railroad tracks near Arrow Boulevard when the five dogs escaped from a fenced-in yard on Ceres Avenue. The dogs apparently dug under the fence to escape.

So far, no charges have been filed against the family that owns the dogs, but police say they are planning to submit the findings of their investigation to the San Bernardino District Attorney’s Office, who can decide whether or not to press charges. The family is however cooperating with the police’s investigation.

The dogs remain in quarantine for 10 days and will then be euthanized.

If you have been injured or attacked by a dog, you may have legal grounds to file a lawsuit for damages. An experienced Pasadena dog bite attorney can review your case to determine whether the dog’s owner can be held liable for damages under California personal injury laws. If you have a valid claim, you can trust the Law Offices of Gerald L. Marcus to advocate your rights and work diligently in prosecuting your case for the largest possible settlement. 

To arrange a free consultation, please contact the office today by calling (888) 203-PAIN!

National statistics prove that Super Bowl Sunday is a dangerous day to be driving.

According to the National Highway Traffic Safety Administration, nearly half of the fatal accidents that occurred from kickoff through early Monday morning involved a drunk or intoxicated driver. This same data also found that drivers or motorcyclists involved in these fatal accidents had a blood alcohol concentration of .08 percent or more. The NHTSA also found that men were more likely to drive while intoxicated and not wear their seatbelts than women.

These statistics are based on the figures for the 2008 Super Bowl weekend, but you can be sure that plenty of people drove while intoxicated this year as well. If you or someone you love was injured or killed in a  car accident caused by an alcohol-impaired driver this Super Bowl weekend, you should speak with a knowledgeable  Santa Clarita personal injury attorney about your legal options. As a victim of a drunk driving accident, you stand to recover compensation for your pain and suffering, mental anguish, medical bills, lost wages, property damage, and decreased quality of life.

To learn more about filing an accident claim against the responsible party, contact the Law Offices of Gerald L. Marcus today by calling (888) 203-PAIN!

A trucker is lucky to be alive after he was swept up into another truck’s duel rear wheels and severely injured.

The trucker was standing outside of his truck locking and inspecting his load. As he was doing this, another semi truck essentially ran him over. The truck driver was struck by the semi and pull up into the duel rear wheels. He was then dragged while hanging upside. During the ordeal his face was crushed and he lost consciousness.

The trucker, who was fortunate to even have survived the accident, sustained a number of catastrophic injuries, including severe and permanent brain damage, crushed facial bones, blindness in one eye, loss of smell and taste, loss of teeth, orthopedic injuries, post traumatic stress disorder, and pain and suffering.

Last month, the trucker was awarded $5.5 million in damages in Alameda County Superior Court.

A California woman has filed a product liability lawsuit against Pepsico, Inc., Pepsi Bottling Group, Inc., Metal Container Corporation, and New Albertson’s Inc. after sustaining multiple injuries, including one to her left eye that has caused her to go nearly blind.

Lynda Ryan claims she purchased a 12-pack of Diet Pepsi from an Albertson’s in Blyth. She claims that a can exploded as she was trying to open it, causing the tab on top of the can to fly off and hit her in the eye. Because the tap was traveling at such a high speed, Ryan suffered catastrophic damage to her eye that has resulted in nearly 100% vision loss.

According to the lawsuit, Ryan did not excessively shake or do anything abnormal to the can prior to opening it, although it had been in an ice chest in her car for several days.  However, Ryan did not think it would be a problem since she already consumed more than half the pack, which had been in her car ever since she bought it.

Ryan claims that before she could even finishing removing the tab, the can exploded, causing the top to detach and fly into her eye.  

Ryan’s attorney argued that the defendants should have known the can was inherently defective in both the design and manufacturing of the container. Her attorney also argued that the companies knowingly used cheaper, thinner materials that could unexpectedly break under normal usage by a customer. Ryan’s attorney is alleging the company did this in an effort to save money, which essentially has them putting profits over consumer safety.

Ryan is seeking economic damages for ongoing medical expenses, loss of income, and damages for permanent pain, suffering, disfigurement, and mental anguish.

A Northern California woman has filed a lawsuit against Caltrans and Monterey County after sustaining multiple catastrophic injuries in a car accident.

The accident occurred about a year ago at the intersection of Highway 101 and San Juan Road. Anna Reznik, 66, was driving south on the 101 when another driver pulled out in front of her from San Juan Road in an attempt to turn onto the northbound side of the freeway. 

As a result of the collision, Reznik broke most of the bones from her toes all the way to her pelvis. She also suffered a massive head injury, was bedridden for six months, and now remains in a wheelchair. She now also requires around-the-clock care, and until very recently hasn’t been able to return home. Her passenger, Olga Tarcher, perished in the accident.

In her lawsuit, Reznik claims that both the county and Caltrans were negligent in maintaining public property in a dangerous condition.  According to Reznik’s attorney, Boris Efron, that intersection is highly dangerous.

Reznik is also suing the driver of the vehicle for negligence.

Both lawsuits are seeking an unspecified amount in general and special damages.

A Palo Alto man’s efforts to do a good deed certainly didn’t pay off the way he planned.

For the last ten years Christopher Bui, 43, has been donating his type-O blood to Stanford Hospital for free, never asking for anything in return except for help if something should happen as a result of his donations.

Well, something did happen and now the hospital is refusing to help.

In 2008 Bui contracted a debilitating infection. When the cost of treating the infection became too much for Bui to afford, the hospital denied him treatment.

Bui has now filed a lawsuit against Stanford Hospital and clinics, Stanford Blood Center, Stanford University, and the Lucile Packard Children’s Hospital, school of medicine and medical center. In his lawsuit, Bui claims the hospital failed to live up to their promise to take care of him. He also claims the hospital was “unjustly enriched by taking his blood under false pretenses and selling it.”

Bui is seeking an unspecified amount in damages. He is waiting to see how much the hospital earned from selling his blood.

If you are searching for a Ventura County personal injury lawyer who has experience in medical malpractice laws, contact the Law Offices of Gerald L. Marcus today by calling (888) 203-PAIN. The Ventura County office serves clients throughout Moorpark, Thousand Oaks, and Simi Valley.