Los Angeles Personal Injury Lawyer - Wrongful Death - Most Commented

Entertainer Impaled by Gate Operated by Indian Wells, Widow Sues City

Paul Kiesel — Tue, 03 Nov 2009 20:30:46 GMT

A trial date for a case involving the death of a local entertainer is expected to be set by the end of the year, officials said.

Victor Leon, 63, of Palm Desert died Jan. 12 after he was impaled by a gate that pierced his car as he was driving through Indian Wells.

Leon was executive producer of Musical Chairs, a local tribute concert series featuring music by great American songwriters.

The incident occurred at the corner of Miles Avenue and Highway 111, near the construction site for the Indian Wells Crossing project.

Leon's wife, Elizabeth Leon, filed a lawsuit June 15 against the city of Indian Wells, the Coachella Valley Water District and two Illinois-based companies — Miles Lodge LLC and Jerson Investments LLC, demanding a jury trial.

A court hearing for the case was scheduled Oct. 7, but was canceled.

The next hearing date is set for Dec. 14, where it is expected that the judge will set the trial date, said Paul R. Kiesel, the Los Angeles-based attorney representing Elizabeth Leon.

“The investigation is ongoing to determine why this tragedy happened,” Kiesel said.

Miles Lodge LLC and Jerson Investments LLC are listed as owners of the property where the gate was, Kiesel said Friday.

Indian Wells and CVWD, however, had a legal easement that allowed employees to have access to and control of the area as well, he added.

According to court documents, the listed defendants “negligently designed, installed, maintained, controlled and operated the gate” that subsequently swung out into Miles Avenue, impaling Victor Leon.

Click here for the rest of the article.

Originally posted at InjuryBoard by Paul Kiesel

Jardine Enterprises--Baby Crib Recall

Paul Kiesel — Wed, 25 Jun 2008 11:34:04 GMT

In what is being called " the largest crib recall in the nation's history " the Federal Product Safety Commission announced that Jardine Enterprises of Taiwan's cribs manufactured and sold over the last six years were being recalled. The cribs sold by Toys "R" Us and Babies "R" Us from 2002 to the present allegedly contain wooden slats that could trap a baby causing severe injury or death.

The U.S. Consumer Product Safety Commission has logged 42 cases in which children were able to break the wooden side slats and spindles of their Jardine cribs. Four children were trapped in the resulting gap, with two of them being injured. Parents need to be extremely cautious and act pro-actively to confirm the manufacture of their cribs. Often times families will pass down or along cribs after their children are grown. It is critical that families with young children inspect their cribs to see if they are one of the 28 models subject to this recall.

Originally posted at InjuryBoard by Paul Kiesel

Homeowner Can't Be Sued for Child's Death If Parents Are Present

Lance Rubin — Tue, 04 Mar 2008 16:47:56 GMT

Every parents' worst nightmare - their child drowning in a neighbors' swimming pool. You may remember the case against Tommy Lee brought by parents whose son drowned in the rocker's pool.

The law in California used to allow parents to sue the property owner when such a tragedy occurred. Now courts have placed a restriction on the ability of parents to sue for a child's death if they were present in the house when the drowning occurred. The court's theory is that

"Imposition of such a duty on homeowners would make them insurers of their guests' children's safety," Justice Robert Mallano wrote, "even when the parents are also present on the premises, a burden that is beyond all reasonable expectation of both homeowners and their guests."

Other states, including Illinois, Alabama, Arkansas and Georgia, had refused to hold homeowners accountable when a parent was on the grounds. The theory that holds the homeowner responsible is that if they have a swimming pool, which would naturally attract kids to play and swim, they have a duty to protect the children in the pool and keep a reasonable look-out for the kids' safety. Now, if the child's parent is present, it is going to be tougher to bring a successful claim.

Having a firm with experience in the field, such as Kiesel Boucher Larson, can help parents try to recover.

Originally posted at InjuryBoard by Lance Rubin

Emergency Room Care Problems Rising

Miriam Schimmel — Tue, 22 Jan 2008 12:27:19 GMT

When you seek medical attention from a hospital emergency room, are you at risk for further injuries or even death BEFORE ever receiving treatment?

While much of the current health care debate centers on seeking a solution to the problem of getting coverage to the uninsured and the underinsured (those who have health care insurance, but the coverage fails to provide them with adequate and affordable medical care), another seriou health care issue has quietly been growing: the reduction of the number of emergency rooms and the increasingly negative impact it is having on patient care. In fact, the L.A. Times reported just last week that a study recently conducted by Cambridge Health Alliance and Harvard Medical School reveals the following statistics:

ï® The wait time for a patient to be examined in an emergency room has increased from 22 minutes to 30 minutes, or longer - a 36% rise from 1997 to 2004.

ï® Half of emergency room patients suffering from heart attacks now wait 20 minutes or longer, more than twice as long as the eight minute average wait in 1997.

ï® Emergency room patients with conditions where treatment was warranted within 15 minutes are now waiting 14 minutes or longer to be evaluated. Latino and African American patients have, on average, longer wait times, which the study suggests is because they seek treatment in urban hospitals which are more often overcrowded.

ï® The number of emergency room departments nationwide has decreased by 12%.

ï® A 2006 study by the Centers for Disease Control and Prevention found almost half of all emergency departments are overcrowded which has had a direct, negative impact on the care provided to patients.

ï® As of 2004, overcrowding resulted in the closure of at least six emergency departments in the Los Angeles area alone.

Suggested causes of the problem include an aging population, a shortage of nurses, uninsured patients and too many people seeking emergency care for non-urgent health problems.

The result of this situation is not difficult to see: patients with time sensitive conditions can easily suffer unwarranted additional health complications, permanent harm, or even death. While a solution to the situation has not yet appeared on the horizon, informing and educating people of this information is important in order to avoid a situation so that a visit to the emergency room does not result in more harm than help simply because a patient fails to be examined within a reasonable time.

For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.

Originally posted at InjuryBoard by Miriam Schimmel

Young Hollywood, Old Problems

Cheryl Buchanan — Sat, 29 Dec 2007 12:50:18 GMT

For whatever reason, 2007 is the year that mug shots became the new head shots and rehab became the second best way to get headlines for Young Hollywood. Unfortunately for any of the rest of you who may also be on the roads between midnight and 6 a.m., DUIs seem to have become the best way to get headlines in an industry where almost all publicity is still good publicity.

When Mischa Barton was arrested on Thursday morning for a DUI, she simply became the latest of Hollywood's elite, including Paris Hilton, Nicole Richie, and Lindsay Lohan to be arrested for the same infraction in 2007. While this may indicate a positive trend that the current LAPD is actuallly showing less deference towards Tinsletown and encouraging more accountability, its the focus of the media attention that is more disturbing.
The story that the public has been less exposed to is that of Lane Garrison, star of FOX's Prison Break. On December 2, 2006, Garrison's vehicle struck a tree while he was driving with twice the legal limit of alcohol in his system, as well as cocaine. He also had three teenagers in the car with him, and a seventen year olld boy, Vahagn Setian, was killed. Paul Kiesel represents the Setian family who lost their son last year in this completely preventable tragedy. Alongside the red carpet footage of Paris, Lindsay, Nicole, and Mischa which is broadcast when each of them is arrested, and the constant paparazzi waiting to see who comes stumbling outside of Privilege and Les Deux.... The message of Lane Garrison has not been omnipresent on the E Channel.
The District Attorney's office released a statement to People Magazine on March 13 of 2007 saying that that the Setian family "hope this is a message to other public figures not to abuse drugs and alcohol and the public trust afforded to them by their fame.' Unfortunately, I don't think the message is loud enough yet.

Originally posted at InjuryBoard by Cheryl Buchanan

Groundwater Contamination Continues to Spread

Helen Zukin — Mon, 02 Oct 2006 03:00:00 GMT

Groundwater contamination is a serious health threat to the public. Toxic substances in our drinking water pose dangers to our population.

Throughout the U.S. groundwater is increasingly becoming contaminated with a variety of toxic substances; ranging from radioactive tritium to trichloroethylene (TCE); to name just a few. The underground aquifers which supply so much of our nations water have been slowly absorbing toxic byproducts from manufacturing facilities, government military bases and nuclear power plants.

For decades these facilities operated without any governmental oversight and poured hazardous materials into the ground, without any thought to the long term environmental consequences. Now, in the 21st century, we are faced with this toxic legacy, and our state and federal environmental agencies are struggling to assess the magnitude of the threat to drinking water. In addition, public health officials are working to strategize effective clean-up efforts.

Unfortunately, the U.S. EPA has failed to set stringent standards for cleanup goals of contaminated water supplies. For this reason, many states have stepped in to establish their own regulations for drinking water.

"The states are again acting in the face of inaction by federal EPA" said Bill Walker of the Environmental Working Group, an environmental health advocacy organization.

Kiesel Boucher Larson has extensive experience in the area of groundwater contamination litigation and works to enforce our state and federal environmental laws.

Originally posted at InjuryBoard by Helen Zukin

Bike Accidents--Personal Injury-Deaths- Lead to Road Closure

Paul Kiesel — Thu, 24 Aug 2006 13:12:21 GMT

Responding to a series of major injury and wrongful death incidents along the Pacific Coast Highway involving bicyclists and pedestrians, the Dana Point City Council voted to ban pedestrians and bicycles along the inland side of the Pacific Coast Highway. The northbound side of the Pacific Coast Highway will be off limits to all but motor vehicles to provide a safer environment for bikes and pedestrians. While voting to ban non-motor vehicle traffic on the north side of the Pacific Coast Highway through Dana Point, the City Council voted to construct a 10 foot wide, 1.5 mile long concrete barrier to protect cyclists and pedestrians.

Fred Guttentag, who rides along Pacific Coast Highway a couple of times a week, said safety is a major concern when choosing his bike routes.
"There must be a bike lane and a low volume of traffic," he said.
Guttentag said he welcomes the barrier separating cyclists and cars. "Anything that increases safety is a good thing," he said. "I'm very aware of the possibility of an accident."

Car crashes with bikes can happen anywhere at any time, and taking appropriate safety measures is critical. Dana Point's decision to create a safer environment for cyclists and pedestrians is an important step in this direction. Wearing safety equipment, such as helmets and reflective clothing, is also essential.

Originally posted at InjuryBoard by Paul Kiesel

B.I.G Wrongful Death Suit Sparks New Probe Into Murder

Staff Writer — Fri, 04 Aug 2006 11:55:42 GMT

In the wake of a wrongful death lawsuit that ended in a mistrial, the LAPD has assigned six veteran homicide detectives to investigate the murder of Christopher Wallace (aka The Notorious B.I.G.). The department has no new information on the case, but the suit filed by Wallace's mother, Violetta, ended in a mistrial earlier this year when it was discovered that a detective deliberately hid information received from a prison informant that linked the murder to former policemen. A new trial is set for early next year, and any new information found by the task force may help the city in its defense.

Originally posted at InjuryBoard by Staff Writer