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Personal Injury Law

San Diego Injury Lawyer Blog

Covers San Diego injury news, cases, and issues with a focus on California Law.
By Ross Jurewitz

Post Frequency: 1.1/day

Last Entry: March 15, 2011 at 02:43:09

MSNBC Takes on Federal Medical Device Preemption

Posted on January 22, 2009
Federal preemption of state laws is a dry subject. It puts lawyers and law students asleep. However, the consequences of preemption can be both real and significant. The Supreme Court recently in Riegel v. Medtronic decided that a state tort injury actions for defective medical devices are barred when the FDA grants the device premarket approval through the federal Medical Devices Act...

California Bans Texting While Driving

Posted on January 01, 2009
In an effort to reduce car accidents due to negligence and inattentiveness, California has made text messaging while driving effective today. A similar law passed earlier in the year made it illegal to drive while talking on a cellular phone handset...

Jurewitz Law Group Announces the Opening of Its' Carlsbad Office

Posted on July 15, 2008
The Jurewitz Law Group announces that it has a second location to serve clients seriously injured by slip and fall accidents, dog bites, bicycle accidents, boating accidents, and by defective products in North San Diego County. We have opened a second office conveniently located in Carlsbad and within easy driving distance from San Marcos, Encinitas, Oceanside, Vista, and Escondido...

California Hands Free Cell Phone Law Enforced Starting Today

Posted on July 01, 2008
Today is the first day for enforcement of California's Hands Free Cell Phone law. Starting today, motorists talking on a cell phone without a hands free system will be fined $20 for the first offense and $50 subsequent offenses.

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New Court of Appeal Case: Horseplay Around Pool an "Accident" Under Homeowners' Insurance

Posted on June 30, 2008
On Friday, the California Court of Appeals denied State Farm Insurance's Petition for Writ of Mandate seeking to have the trial court issue judgment in favor of the insurance company. At issue in the case, titled State Farm Fire and Casualty Co. v. Superior Court, was whether the trial court erred in ruling that State Farm owed a duty to defend its' insured from a lawsuit for personal injuries where its' insured threw the victim into a pool, landing on an exposed step...

Jurewitz Law Group Announce New Blog Dedicated to San Diego Car Accident Injuries

Posted on June 30, 2008
Earlier today, the Jurewitz Law Group launched its' newest information blog, www.sandiegocaraccidentlawyerblog.com, dedicated to provide San Diegans with information about local car accidents, what to do to prevent car accident injuries, how to properly insure yourself prior to being involved in an accident, and what to do once you have been involved in an accident and are injured...

Escondido Police Shoot and Kill Pit Bull

Posted on June 27, 2008
Earlier today, Escondido police shot and killed one of two pit bulls that had attacked a woman's dog. View Larger Map The attack happened near the intersection of West 10th Avenue and South Maple Street in Escondido. Neighbors report seeing the dog being attacked and came to fend off the pit bulls with shovels...

Sacramento Jury Awards Fired Employee $116,000 After Being Fired

Posted on June 27, 2008
A federal court jury in Sacramento awarded Erma J. Alaniz, a fired office manager, $116,031 from her former employer, Dr. Rober Peppercorn, finding that Dr. Peppercorn unlawfully retaliated against Ms. Alaniz. The jury found that Dr. Peppercorn's actions violated the California Fair Employment and Housing Act...

Imperial Valley Woman Accuses Employer, 2 Others of Assault

Posted on June 25, 2008
On the evening of June 7, Yessenia "Jesse" Moreno of Westmorland, a town outside El Centro in the Imperial Valley, reported that she was assaulted by her employer and two others while she was working at The Town Pump, a local restaurant. ?All I know is (her co-worker, Estella Jimenez) ran toward the bar area, I get halfway to the bar, and before I know it the owner Andrew (Salazar) comes at me in a hostile way and her sister comes at me yelling at me,? Moreno said...

Jurewitz Law Group Has Gone Paper-less: A Report and How-To Guide

Posted on June 24, 2008
The paperless office has been the dream of many San Diego businesses, including personal injury lawyers. The benefits are tangible and real: reduced office storage space, the ability to access file documents from any file right on your desktop, remote access to any office file from anywhere in the world, and the ability to share and communicate with clients instantaneously through e-mail...

California Court of Appeals: Medical Bill Adjustment and/or Writeoff Not Enough to Sustain Collateral Source Attack

Posted on June 24, 2008
San Diego injury victims have repeatedly had their cases undervalued by insurance companies and their attorneys who reduce the victims' medical bills by the amount paid or written off by medical insurance companies. This process, arising from the misapplication of two Court of Appeal opinions--Hanif and Nishihama--have allowed insurance companies directly attack and gut the collateral source rule...

Medical Malpractice Protections Extended to EMTs While Driving

Posted on June 22, 2008
In February of this year, the California Court of Appeals extended the protections afforded to medical doctors under the Medical Injury Compensation Reform Act (MICRA) to emergency medical technicians (EMTs) who are in the process of transporting patients for medical care...

Shuttle Drivers Sue SuperShuttle; Claim They Were Improperly Called "Independent Contractors"

Posted on June 16, 2008
A class-action employment lawsuit was filed by current and former drivers of SuperShuttle International, Inc., a van service serving many of California's airports (including San Diego's Lindbergh Field), alleging that the company cheated them out of millions of dollars of wages by classifying the drivers as "independent contractors" or "franchisees" instead of employees...

California Teenager Killed in Jet-Ski vs. PWC Collision

Posted on June 15, 2008
Saturday morning, Lauren Taguchi, 17, of Northridge was killed when her jet-ski collided with another personal watercraft on the Colorado River in Riverside County. Ms. Taguchi died after her jet-ski struck the other personal water craft head on. The other operator, Ricky Scott Ledford of Las Vegas, helped Ms...

Motorcyle Accident Kills Driver in San Bernardino

Posted on June 08, 2008
A motorcyclist was killed in San Bernardino when she fell off her motorcycle and was run over by a big-rig truck. Sharon Woodcock, 51, of Long Beach, was driving her motorcycle eastbound on Interstate 10 and making the transition to northbound Interstate 215 when she fell off her Harley Davidson and fell into the adjoining lane...

Del Mar Car Accident Kills Man, Injures Pro Surfer

Posted on June 07, 2008
Early Saturday morning, alcohol and gross negligence combined to cause a fatal car collision at the intersection of northbound Coast Boulevard and 20th Street in Del Mar, a beautiful beach community north of San Diego. View Larger Map At 2:00 a.m., a professional surfer, Milton Willis, was driving a car with his passenger, Bradley Dillahunty...

Hit and Run Accident Caught on Video

Posted on June 06, 2008
The video below is disturbing on several levels. First, 78 year-old Angel Torres was struck and seriously injured while crossing a street in Hartford, Connecticut when two vehicles sped down the street and struck him while he was standing in the opposite lane of traffic...

Escondido Construction Worker Killed in Chula Vista Construction Accident

Posted on June 02, 2008
Last Thursday, a construction worker was killed in Chula Vista when a wall fell crushing him to death. The wall was to a building being demolished to make room for Unified Port of San Diego convention and hotel area. On Sunday, the worker was identified as Austin Sawicki of Escondido...

Help Available for San Diego Wildfire Victims

Posted on June 02, 2008
The October 2007 San Diego Wildfires were a scary time for most of the region as wildfires raged and traveled great distances carried by powerful Santa Ana winds. It was, we believed, a horribly tragic natural catastrophe. Now, there is significant evidence that two of these fires--the Witch Creek and Rice Canyon fires--may have been caused by defective SDG&E power lines...

San Diego: Only 30 Shopping Days Left to Buy Your Hands-Free Device

Posted on June 01, 2008
Quick little reminder. On July 1, the California Hands-Free Cell Phone Law goes into effect requiring everyone to use a hands-free system when driving a vehicle. Sending a text message while driving will also be a citable offense. Although the increased safety of using a hands-free device while driving is debatable--not talking on the phone at all is the safest route--it will be the law...

Rising NHL Star, 21, Killed in Motorcycle Accident

Posted on May 30, 2008
The Vancouver Canuck's Luc Bourdon, a rising defensive star for the NHL team, was killed earlier today in a motorcycle accident in New Brunswick, Canada. Bourdon was driving his motorcycle on the road between Lameque and Shippigan, his hometown, when his motorcycle collided with a transport truck...

6 Cars and a Motorcycle Crash on Scenic Ortega Highway

Posted on May 29, 2008
Earlier today, both sides of Ortega Highway, a scenic--but notoriously dangerous--road between San Juan Capistrano and Lake Elsinore, were closed due to a major accident involving six cars and a motorcycle. An ambulance and tow truck were called to the scene to attend to the victims and their vehicles...

Explosion Rattles San Diego Construction Site; Injures 14

Posted on May 27, 2008
On Tuesday, the windows of the Jurewitz Law Group rattled. It wasn't an earthquake, but it seemed like it was from an explosion. Only later on that afternoon did we discovery that an explosion had occurred at the nearby Downtown San Diego Hilton, injuring 14...

Injured San Diego Workers May Recieve Greater Disability Payments

Posted on May 26, 2008
In 2004, in the face of ever increasing insurance premiums, the California passed extensive Workers' Compensation reform. One of the targets of the reforms was to reduce permanent disability payments to workers who had been permanently injured at work...

Most Likely Areas For Dog Bites in San Diego; Bites by Breed

Posted on May 20, 2008
A recent news story by NBC 7/39 highlights the areas in San Diego where victims are most likely to be bit, the breeds most likely to bite, the months in which dog bites are most likely to occur, and the typical age of victims. Not surprisingly, the months when dog bites are most likely to occur are warm-weather months, the most prevalent being July, when people are outside with their dogs enjoying the weather...

1 Dead, 22 Injured in Southern California Bus Crash

Posted on May 19, 2008
A bus carrying passengers from Southern California to Laughlin, Nevada for a gambling trip overturned Saturday morning, killing one passenger and injuring 22 others. The bus, operated by Royal American Tours and Charters of Glendale, was seen veering across lanes and into the median shortly before the crash...

Careless Driver Hits CHP Motorcycle Assisting Stranded Motorist; Officer Injured

Posted on May 18, 2008
Unfortunate video of an accident that happens more often than you would expect: a vehicle on the highway strikes another vehicle pulled over along the emergency lane. The officer pulled over on I-80 in Sacramento to assist another driver push his vehicle off the highway after the driver had run out of gas...

Unsafe Speed Kills 1 San Diegans, Injures 2 Others

Posted on May 18, 2008
Early on May 17, one person was killed and two others injured in San Diego when the driver lost control of the Oldsmobile he was driving while traveling westbound on I-8. Moments later another vehicle, a Nissan Maxima, crashed into the wreckage. CHP officers blamed excessive speed as the cause of the accident...

Class Action Lawsuit Filed to Protect San Diegans

Posted on May 15, 2008
Earlier today, a class action lawsuit was filed in United States District Court in Los Angeles, alleging that State Farm Insurance had unjustly enriched itself by receiving and retaining payments that belonged to its' insureds. According to the complaint, State Farm obtained these payments by violating California law by the "Make Whole Doctrine...

Britney Spears Involved in Third Notable Car Accident

Posted on May 14, 2008
Earlier today, Britney Spears crashed the front of her Mercedes SL into the rear of a red Ford Explorer while driving on the Strip in Los Angeles. Luckily there were no significant injuries. This is the third notable accident Britney has been involved in...

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