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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

Trucking Accident Severely Injures Driver

Posted on May 14, 2008
A tractor-trailer truck loaded with Coca-Cola bottles flipped on top of a Honda Civic, injuring the driver of the Civic. The driver, Eduardo Ibarro, was entrapped in his vehicle with his leg caught under the Civic's dashboard. Trucking companies and truckers are highly regulated...

House Investigates Defective Medical Device Protections

Posted on May 14, 2008
Earlier this year, the United States Supreme Court held in Riegel v. Medtronic that lawsuits based upon state tort law were preempted (barred) by federal law IF the FDA had granted the alleged defective product "pre-market approval" as a medical device...

Doctors Against Malpractice Lawsuits...Until It Happens to Them

Posted on May 14, 2008
It's no secret that doctors are key proponents of protections from medical malpractice lawsuits. That's understandable. Nobody wants to be sued and nobody wants to pay damages. Then again, nobody wants to be hurt by their doctor's breach of the standard of care...

Man Charged with Vehicular Manslaughter in Death of Orange County Teen

Posted on May 12, 2008
The Orange County DA filed felony charges against Jeffrey Woods, 20, of Huntington Beach last week in connection with the death of Danny "Oatie" Oates, 14. Mr. Woods is being charged with vehicular manslaughter and driving under the influence when he ran his truck into his victim as he was crossing the street on his bicycle...

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Tort Reform Hypocrite Settles Slip and Fall Lawsuit

Posted on May 11, 2008
As reported by the Wall Street Journal's Law Blog, former Supreme Court nominee, strict constructionist judge, and tort-reform advocate Robert Bork settled his lawsuit against the Yale Club after he fell while attempting to step onto the dais to speak...

San Diego Lawsuit Brings Attention to Food Contamination

Posted on May 11, 2008
Last week, a man diagnosed with hepatitis A filed a lawsuit against a La Mesa Chipotle restaurant. The man, Terry Wesley, claims that he became sick on April 24 after eating at the Chipotle restaurant and remains sick to this day. The lawsuit was filed just as San Diego County health officials reported another hepatitis A case that officials believe may also be linked to the La Mesa restaurant...

San Diego Judge Orders Starbucks to Return $100 Million to California Employees

Posted on March 21, 2008
Earlier today, San Diego Superior Court Judge Patricia Cowett ordered Starbucks to pay $100 Million to its' California baristas in back tips and baristas that had been wrongly directed to shift supervisors. In addition, Starbucks' shift supervisors were enjoined from sharing in future tips...

San Diego Drivers Get Rate Cut: Allstate Ordered to Stop Charging Excessive Rates

Posted on March 20, 2008
The California Department of Insurance has ordered Allstate Insurance Company, who insures about 10% of all California cars, to reduce their rates by 15.9%. DOI has insisted that insurers adhere to the key rate factors in determining the appropriate risk that an insured will be involved in an automobile accident: a person's driving record, the number of years behind the wheel, and the number of miles driven per year...

Warmer Weather Means More San Diego Boating Accidents

Posted on March 19, 2008
San Diego is a boaters and waterman's paradise. From open ocean sailing to jet-skiing and water-skiing in Mission Bay, San Diegans take to the water when the weather gets warmer. Not surprisingly then that boating accidents increase at this time of year...

Automobile Insurance for San Diego's Roads: What You Need

Posted on March 14, 2008
Most San Diegans drive with auto insurance. But most are severely under-insured or don't have the right kind of insurance. Unfortunately, we usually get to advise clients of their proper insurance needs ONLY after they've been in an accident and it's clear to them they were under-insured...

San Diegans, Beware! Progressive Insurance's Newest Dirty Trick!

Posted on March 14, 2008
Progressive Insurance's slippery and underhanded tactics have been profiled before. See here. Here too. Now comes Progressive's latest dirty trick: offering personal injury settlements before victims even get a chance to see a doctor. Here's how the new strategy works:

Crippled San Diego Injury Victim Beats Ford Motor Co....Again (x5)

Posted on March 13, 2008
We've written about Benetta Buell-Wilson before. Earlier this week, the California 4th Circuit Court of Appeals upheld its' ruling that Ms. Wilson was entitled to $82.6 Million after the US Supreme Court held that the Court of Appeals should review its' ruling...

Injured San Diego Patients Deserve MICRA Reform

Posted on March 12, 2008
Doctors, like anyone, are not infallible. Every day, thousands of San Diegans put their trust, their bodies, and their health in the hands of doctors. Fortunately, there are many fine and skilled doctors in San Diego. However, that does not prevent incidents of medical malpractice from occurring--some of which result in lifetime injuries or death...

San Diego Patients Should Know About Their Doctors

Posted on March 09, 2008
Recently, it was discovered that six cases of Hepatitis C were caused by grossly negligent practices at the Endoscopy Center of Southern Nevada. Among the cost and safety cutting procedures alleged were directions to staff to use syringes and vials of anesthesia more than once--despite the risk of spreading diseases...

San Diego Injury Victims Might Be Affected By Latest Fee Cap Initiatives

Posted on March 09, 2008
It is not often that we report on the legal happenings of other states. But this time it is important to let San Diegans know about several efforts to cap the percentage of a recovery contingency fee lawyers can receive--and to understand why such limitations are short-sighted and dangerous...

Contingency Fees Preferred by Clients, Study Finds

Posted on February 06, 2008
The Manhattan Institute is a conservative think tank that pushes a tort-reform agenda as it attacks plaintiffs' attorneys for numerous evils, both real and perceived. One of the primary gripes tort-reformers have against plaintiffs' attorneys is that the contingency fee agreements used so prevalently in litigation--a legal fee agreement where the client pays a percentage of any recovery to the attorney for his services--unjustly exploit clients who cannot afford hourly attorneys' fees and thereby unjustly enrich attorneys at their expense...

San Diego Man Awarded $215,000 Following Melee

Posted on January 28, 2008
A Jurewitz Law Group client was awarded over $215,000 for injuries he suffered during a physical altercation involving approximately 10 people in the Mission Beach area of San Diego over Father's Day Weekend 2006. The Court found held Angelo's Towing, Inc...

Recent Jury Verdict Demonstrates the Risk of Litigation

Posted on January 07, 2008
Clients occasionally seem to be puzzled by the fact that, sometimes, even if they win a trial they might not obtain any monetary recovery. They generally realize that they could lose a trial--that the jury might decide completely against them. But not receiving money for injuries after a jury decides in their favor? Unimaginable...

San Diego Teacher Awarded $1 Million in Discrimination Lawsuit

Posted on January 06, 2008
On December 11, 2007, a former Chula Vista third grade teacher won a judgment of more than $1 million after a jury decided that she had been fired due to becoming pregnant. Danielle Coziahr was a third grade teacher at Silver Wing Elementary School in Otay Mesa from 2004-06...

New California Laws Affecting California in 2008

Posted on January 01, 2008
Every year, the wonderful California legislature hands down new laws that affect how all Californians live their lives. Here are a few key laws effective January 1, 2008: 1. California minimum wage has been increased $0.50 per hour to $8 per hour for employees...

San Diego Man Awarded $5.7 Million for Undiagnosed Skin Cancer

Posted on May 23, 2007
It's always nice to trumpet the accomplishments of friends and their deserving clients. Last Friday, a San Diego Superior Court jury awarded $5.7 million verdict to a bedridden San Diego man who claimed a doctor failed to diagnose his skin cancer. Under the Medical Injury Compensation Reform Act, the award will be reduced to $1...

City of San Diego Earns Brief Reprieve From Developer's Verdict

Posted on May 23, 2007
The US Supreme Court predictably refused to review a California Court of Appeals' ruling throwing out the bulk of a San Diego jury's verdict awarding developer Rocky de la Fuente $95 Million after the City of San Diego breached a development agreement and took steps to devalue the land upon which it was to built...

San Diego Consumers Ripped Off by Baskin Robbins; $491K in Fines Paid

Posted on May 22, 2007
Last week, the San Diego District Attorney and California Attorney General settled a consumer protection lawsuit against Baskin Robbins from the company's selling of hand-packed, pint sized containers of ice cream. Baskin Robbins agreed to pay over $491,000 in fines and costs...

House Moves to Protect San Diego Property Owners from Eminent Domain Seizure

Posted on May 21, 2007
House Agricultural Committee passed an eminent domain reform bill on Friday. The bill will now go to the House floor for a vote. While many say that the bill does not go far enough to protect property owners after the Supreme Court's decision in Kelo, it would be an improvement...

Record San Diego Roll-Over Verdict To Be Reviewed....Again (x3)

Posted on May 21, 2007
Know all those HUGE, "outrageous" verdicts that tort reformers cite as proof that juries are out of their minds and are too plaintiff-friendly? This is the story of one such verdict and, unfortunately, it is not unusual. In 2004, a San Diego jury awarded Benetta Buell-Wilson and her family nearly $370 Million dollars in a Ford Explorer roll-over case...

San Diego Union Tribune Takes on Progressive's Property Damage Division

Posted on May 20, 2007
In an article printed in today's newspaper, the San Diego Union Tribune takes on Progressive Insurance's property damage program. According to the article, critics argue that Progressive's program violate's California's anti-steering laws by allowing its adjusters to write their own property damage estimates and direct their insured's to pre-approved body shops for the work...

San Diego Needs Contingency Fee Lawyers

Posted on May 18, 2007
Yesterday, the Bush administration instructed all levels of the federal government that they cannot, under any circumstances, hire attorneys on a contingency fee basis. Reportedly, this does not happen very often but it has not prevented the tort reform supporters like The US Chamber of Commerce and US Chamber for Legal Reform from applauding the move...

San Diego Injury Victims: How Not to Perform at a Deposition

Posted on May 17, 2007
Every person I know gets nervous when it is time to sit for a deposition. They worry that they'll have to deal with the worst imaginable movie deposition with opposing counsel yelling at them, wagging their finger, and calling them a liar. Very rarely does that ever happen...

Third Wrongful Death Suit Filed in California Against Singer Brandy

Posted on May 11, 2007
The December 30, 2006, accident on the San Diego Freeway involving singer Brandy has spawned its' third wrongful death lawsuit related to the death of Awatef Aboudihaj. Aboudihaj's husband, Marouane Hdidou, has filed a wrongful death claim against Brandy...

San Diego Consumers Protected By Defeat of Tort Reform Class Action Legislation

Posted on May 11, 2007
Earlier today, the California Assembly rejected AB 1505 by failing to pass it out of the Assembly Judiciary Committee. The bill received so little support that when Van Tran (R-Costa Mesa) moved the bill, it did not receive a second and therefore failed without a vote...

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