Los Angeles Attorney Services and Legal Resources

18-Year-Old Woman Dies after Rollover Accident in 605 Freeway

2009-12-04T17:35:00.000-08:00

The family of Beth Amstone is grieving the loss of a person who they say doesn’t have an evil or bad bone in her body.

Amstone died after the car she was riding with her boyfriend, 17-year-old Deshawn Johnson, overturned in a single car crash in the 605 Freeway.

She was only 18.

The police are still investigating the cause of the rollover accident.

As of the moment, Police doesn’t believe that alcohol was a factor in the accident.

They are also trying to discover the speed Johnson was driving the car or if Amstone was wearing a seatbelt during the crash.

According to reports, Amstone got ejected from the car and partially fell onto the roadway in the far right lane.

Johnson, on the other hand, sustained minor injuries to his left hand and right leg.

The Amstone family should talk to a wrongful death attorney to know their legal options.

Although Johnson was only doing Amstone a favor by driving her to the bus station where she will be riding a bus going to Cal State, it does not remove the fact that he was the one behind the wheel when the tragedy happened.

He does not have to be criminally prosecuted but at least he can be held civilly liable for her death.

It would not hurt his finances either because the damages will be paid through his insurance company.

It is not about the money but about what the family lost in Amstone’s death.

They lost a loving daughter who was a scholar in high school and was on her way to becoming a nurse.

The tragedy has taken her opportunity to contribute to her family and become a productive citizen in the community.

Latest Metrolink Accident Called for Probe on Rail Safety

2009-12-03T18:08:00.001-08:00

People in charge of operating public transport such as trains, buses and cabs are generally required by law to follow different rules for the safety of passengers. Ignoring these rules will not only endanger their jobs, but also the lives of innocent people.

Metrolink faces another problem brought about by a recent accident where a train engineer reportedly failed to stop at a red light as another train approaches.

The incident happened about 2 ½ miles east of downtown Los Angeles.

According to officials, no one was injured and both trains were able to stop hundreds of feet apart. If investigations finally reveal that the engineer was negligent, it would be Metrolink’s fourth violation after the Chatsworth accident wherein 25 people were killed and 135 others were injured.

In addition, the recent train accident stirred up safety issues against Metrolink. A number of the agency’s members voiced out their exasperation concerning a possible breach of a basic safety rule, despite of the reform efforts that are being done over the previous months.

The engineer was removed from his service due to the pending probe that was being done by the agency and U.S. regulators.

A need for a deeper assessment of the problem and strict discipline of engineers who ignore red lights were also voiced out due to the incident.

Agencies should be careful in hiring people who will operate common carriers because a little negligence can result to a deadly accident. A stricter screening process may guarantee that only eligible people will be given the responsibility of doing it, thus protecting the lives of passengers and the agency’s name.

Toyota’s Recall: Floor Mats and Gas Pedals Too

2009-11-27T18:57:00.001-08:00

They put profit over people and now, after some 3.8 to 4 million vehicles sold, Toyota is now in the middle of the 6th most massive recall in the United States for its defective floor mats and gas pedals.

The nationwide recall of Camry, Avalon, Prius, Tundra, Tacoma and Lexus’ later models came on the wake of a tragic car accident caused by unintended acceleration which took the life of a veteran California Highyway Patrol officer and his entire family.

Owners of affected Toyota models have been advised to take out the driver-side floor mat and to wait for Toyota’s direct notification of the recall by the end of the year.

Reports and the investigations following the CHP officer’s death revealed that rubber all-weather floor mat found in the wreckage could have snared or covered the gas pedal. Likewise, the National Highway Traffic Safety Administration (NHTSA) found that there is an "underlying defect" involving the design of the accelerator pedal and the driver's foot-well.

The recall is a massive blow to Toyota’s outstanding reputation for quality. The Japanese car manufacturer is also the world’s biggest automaker. Its president, Akio Toyoda has expressed remorse for the death of the CHP officer and his family.

According to the NHTSA, there have been 14 fatalities and eight injuries caused by sudden acceleration in Toyota vehicles since 2002. There is also a safety consultant in Massachusetts who has found that there are more than 2,000 incidents with 16 deaths and 243 injuries because of Toyota’s gas pedals.

Buying a car is a very important investment and consumers always put their faith and money in the automakers’ claims of quality cars. But the truth is, while car makers have a reputation to uphold, their desire to make a profit is still their priority.

Toyota is now in hot water for failing to address its consumer’s issues and complaints about the sudden acceleration of its trucks and cars as early as 2002. If they only acted sooner, the recall wouldn’t have been as massive as it is today and perhaps the Saylor family’s lives and many other victims would have been spared.

Massive Drop-Side Crib Recall Announced in US and Canada

2009-11-26T12:21:00.000-08:00

The US Consumer Product Safety Commission and Health Canada issued the voluntary product recall of about 2 million drop-side cribs manufactured by Stork Craft.

The product recall covers about 1.2 million cribs in the US and about 968,000 cribs in Canada.

At least 147,000 of the cribs carried the brand Fisher-Price logo.

The product recall was prompted by reports of incidents where the drop-sides got detached.

All in all, there were 110 reported incidents received by the Consumer Product Safety Commission, health Canada and Stork Craft.

Of those 110, 15 children were trapped and four of them suffocated. Another 20 children fell from cribs that resulted in bumps, bruises and concussions.

The parents of the children who got injured and most especially those, whose children died, should consult a lawyer about filing a personal injury or a wrongful death lawsuit against the manufacturer.

Under the product liability lawsuit, all they have to prove to win is that the crib actually has a safety defect that could cause the injury or death of their child.

For the parents who lost their children, winning the lawsuit will not bring their sons or daughters back but it will be a way to hold the manufacturer accountable for their deaths.

For consumers who have questions about the product recall and the supposed safety defect, you can call Stork Craft at (877) 274-0277.

Driver in Fatal Hit-and-Run, Yet to Be Arrested

2009-11-25T10:57:00.001-08:00

Police are yet to apprehend the driver in the fatal Prunedale hit-and-run accident which took the life of a 41-year-old man who was trying to cross the street.

Authorities speculate that the vehicle, which was either a red truck or an SUV, has damages on its front bumper after hitting Prunedale pedestrian Gregory Pryer.

Pedestrians should always be cautious when crossing the street and always use marked ways so that they can be seen by oncoming motorists.

Likewise, motorists should be cautious of crossing pedestrians and make it a point to stop and assist the victim if he ever gets into an accident. By this, they can subtly settle their dispute without having to go through personal injury litigation which will involve a lot of time and expenses on both ends.

Law Firm Uses Competitor's Name as Google Keyword

2009-11-24T16:27:00.000-08:00

The Google keyword war was taken to a whole new level when a Wisconsin law firm paid for the name of their competitor as their own keyword.

Now Canon & Dunphy law firm received a civil lawsuit from the owner of the name, the Habush Habush & Rottier Law Office.

What happened was that once you Google “Habush” or “Rottier”, a sponsored link of Canon would appear above the other results.

According to Habush, Canon and Dunphy has violated privacy laws by using the name of their competitor.

Habush claims that under Wisconsin right-to-privacy statute, a name of any living person cannot be used in advertising campaigns without consent.

Cannon acknowledged that they did pay for the keyword but claimed that it was a legal business strategy.

Most would disagree with Cannon though.

A lot of people would side with Habush that the move was very deceptive and misleading.

Besides, that is why businesses register their names to the Secretary of State, so that it will not be used by other entities, especially by competitors.

A business name is also their trademark and is protected by Intellectual property rights law.

The move undermines existing laws that protect the credibility built by the companies for themselves.

And even if it is legal, sometimes there are just lines that you do not cross.

The move was very underhanded and quite frankly, dishonest.

Is that really the image they want to give people? A law firm that is willing to mislead customers to get ahead of the pack.

Suspected DUI Driver Detained by Authorities

2009-11-20T11:33:00.000-08:00

Drunk driving is considered a serious offense because doing this act momentarily impairs drivers from driving responsibly. However, many drivers do not realize its effects until an accident happens.

A man was recently placed under custody on the suspicion of DUI in connection with a single-vehicle accident in Montebello that left three people injured.

According to authorities, one passenger sustained critical injuries while a second passenger and the driver sustained minor injuries after they were all ejected from the vehicle.

The driver who was identified as Lester Enrique Chupina, 33, from Whittier, was booked on the suspicion of drunk driving in relation with the crash that happened at the intersection of Garfield and Whittier.

Preliminary investigation revealed that the car was moving at an excessive speed when the driver crashed after losing control of the vehicle, police said.

Reports also stated that the car smashed into buildings and took out numerous palm trees.

The sheriff’s department said Chupina is being held on a $100,000 bail and may be arraigned in East Los Angeles.

The state should implement graver punishments to anyone who is found guilty of DUI so that the number of accidents caused by it will be lessened. In addition, the selling of alcohol should be closely monitored to prevent people from drinking too much before operating a vehicle.

High Lead Level Toys

2009-11-19T20:28:00.000-08:00

Toys are favorite gifts for children especially this holiday season. Among the more favorite toys are Barbie dolls and Disney toys.

However, the findings of the Center for Environmental Health revealed that out of 250 toys tested, seven were found to have lead levels exceeding federal limits. Among these are the Barbie Bike Flair Accessory Kit, a Disney Tinkerbell Water Lily necklace, Dora the Explorer Activity Tote, two pairs of children's shoes, a boys’ belt and a kids' poncho.

Matell argued that it licensed the Barbie name to Bell Sports in its bike accessory but did not make or sell it. Bell, on the other hand, contended that the kit passed safety tests in 2007.

Disney, on its part, said that its Tinkerbell necklace was tested by its licensee Playmates toys complying with all federal and state consumer safety regulations.

Due to the findings, the Consumer Product Safety Commission which regulates toys and thousands of other products was digging into the matter.

If a child has been injured or endangered by these toys, a product liability case may be filed against these toy manufacturers. A personal injury case may be filed against them to claim compensation.

City Sued By IT Contractor for Breach of Contract, Violations of Trade Secret, and Copyright Laws

2009-11-17T22:30:00.000-08:00

That is the problem when an agreement does not work as the parties had hoped; it can turn to a bitter dispute and an expensive lawsuit.

The City of San Diego is now being sued by Axon Data Solutions Inc for alleged breach of contract, misappropriation of trade secrets and copyright infringement.

The IT Company is now asking $5.59 million from the city.

According to San Diego Processing Corp, a city owned agency, they have terminated the contract with Axon because the contractor failed to meet deadlines numerous times.

Axon did not contest the right of the city to terminate the contract but claimed that it is subject to payment of all Axon outstanding invoices for work completed, payment for any work in progress but not yet completed, and also Axon's wind-down costs.

They claimed that the city has not paid outstanding invoices but has begun using the codes processes they designed.

These actions, they claim, are unauthorized use of Axon's trade secrets and copyright protected materials.

Who is right?

Well that depends on the terms of the independent contractor agreement that they agreed upon.

Intellectual property right laws about copyright and trade secrets can be complicated.

Aside from the payment for the completed work of Axiom, the important question is who owns the completed codes and processes that are already being used.

Is it Axon, who actually developed the said codes or the city who commissioned the contractor to develop it?

All of those will depend upon the actual details of their agreement.

Petsmart Announces Product Recall of Dog Treats

2009-11-13T20:41:00.000-08:00

Petsmart is expanding their product recall to include a dozen more dog treats made by Pet Carousel of Sanger.

It all started last week when Petsmart recalled its Dentley’s brand of Bulk Cattle Hooves and Choobles 10-Pack Beef Hooves after Pet Carousel informed them that the products may have been contaminated with salmonella.

The FDA then warned the public against using beef hoofs and pig ears made by Pet Carousel.

The affected products were marketed under the names:

• Doggie Delight
• Choo Hooves
• Dentley’s
• Pet Carousel

The FDA reportedly found Salmonella to be present in the pig ears, beef hooves and manufacturing environment.

Petsmart took the best move they can make and announced a voluntary product recall of the said products.

It should save the company from further embarrassment because of their swift action on the matter.

The product recall, though costs a lot of dollars, should save a lot of money for the company in the long run because it prevented possible product liability lawsuits from angry consumers.

Salmonella infections can make our beloved pets suffer severe symptoms like fever, abdominal pains, diarrhea, bloody diarrhea and vomiting.

And aside from making the pets sick, it can also affect humans.

Salmonella can be transmitted by contact so all consumers are advised to wash their hands after handling the products.

To help you identify if the dog treat your using is affected, here is a complete list of the products included in the product recall including their description, SKU, and UPC.

• Dentley’s Bulk Cattle Hoof: 1611247, 73725703323
• Dentley’s Choobles 10-Pack Beef Hooves: 5019015, 73725736055
• Choo-Hooves Stuffed with Cheese-Bacon: 1611993, 3465190058
• Choo-Hooves Stuffed with Peanut Butter: 611994, 3465190056
• Flossy Chews Choo-Hoove Roper Two-Hooves: 1813131, 3465117005
• Flossy Chews Roper Bone Buddy: 1815505, 3465190002
• Flossy Chews Beef Bones with Rope Toy: 5080721, 3465117055
• Flossy Chews White Bone Rope: 5147942, 3465117065
• Knucle Steaks 2-Pack: 5084141, 3465190046
• Choo-Hooves Dog Chews 3-Pack: 1611410, 3465184103
• 3-Pack Smoked Hooves: 5042279; 3465114003, 4651140037
• 5-lb. Cow Hooves: 5042275; 34651150609, 3465115060
• 5-lb. Smokies-Hooves: 5042277; 34651140556, 3465114055
• 60-Piece Smoked Hooves: 5042278, 3465112122

For additional information about the product recall you can visit www.petsmartfact.com, www.petsmart.com, or www.fda.gov
You can also contact Petsmart at 888-839-9638.

Student in DUI Case Pleads Guilty to Killing a Friend

2009-11-12T20:27:00.000-08:00

The 17-year-old Torrey Pines High School student has admitted his guilt and liability in the gross vehicular manslaughter charge filed against him in connection with a DUI accident in October that killed his friend and seriously injured another.

Immediately after the accident, the teen was found to have 0.10 of blood alcohol which is illegal to a minor, especially to one who is driving.

Inexperienced young drivers feel invincible when they drive but the reality is, they may not be equipped with enough skills to make quick decisions and maneuver a vehicle most especially when they are drunk.

The sentencing of the teen will be in early December but many anticipate that it would be much lighter penalty compared to what he will receive if he is tried as an adult.

The unfortunate tragedy should serve as a lesson to all teen drivers to be always cautious and alert while driving. Most importantly, it should outline the result of a vehicle accident that could kill them or their loved ones riding with them.

Racism at Mercedes Dealership

2009-11-11T20:45:00.000-08:00

Racial and color discrimination is not only frowned upon but is also an illegal act.

Title VII of the Civil Rights Act of 1964 makes it illegal race and color discrimination in “every aspect of employment, including recruitment, hiring, promotion, wages, benefits, work assignments, performance evaluations, training, transfer, leave, discipline, layoffs, discharge, and any other term, condition, or privilege of employment.”

For Garland Latta, racial slurs and hostile environment prompted him to file a racial discrimination case against his employer, Mercedes-Benz of Anaheim.

Latta alleged that “monkey” and the n-word were some comments he got from his fellow employees. The case was filed after the management ignored his complaints. Consequently, he stopped receiving his sales credit after reporting the incident.

The suit was filed at the Orange County Superior Court in April. It was only in October that he quit his job due to intolerable working conditions.

Racial discrimination is a sensitive issue which must be addressed immediately. For victims of this illegal practice, a racial discrimination lawyer may be hired to pursue a case against the employer. Other issues on employment laws may be handled well by a legal professional.

Californians May Not Get 20-Weeks Full Extension of Unemployment Benefits

2009-11-09T18:54:00.000-08:00

Because of the delay in the passage of bill that would extend unemployment benefits, very few (if any at all) would qualify for the full-20-week extension.

Although the bill aims to provide a 20-week extension for states that has a high unemployment rate and 14-weeks for the others, it seems that none of the states may get the full extension.

In California, who has a 12.2% unemployment rate, jobless workers should get 20 full weeks.

But they won’t.

This is because Congress failed to change a sunset provision on the bill.

A sunset provision terminates or repeals portions of the law after a specific date.

It is a complicated matter.

The congress, instead of attaching the additional weeks in one new extension, the bill set up a plan that adds two new extensions to the previous ones before the last extension takes effect.

This is referred to as FedEd.

Congress extended FedEd from 13 to 20 weeks with a sunset provision that takes effect at the end of the year.

After January 1, the FedEd will revert back to 13 weeks.

Confused?? So am I.

Anyway, what it generally means is that even if you could start collecting on the latest extension today, time will run out before you can complete 20 weeks of benefits.

So what should jobless Californians do?

Well, nothing really.

Although a lot of people were expecting 20 weeks, a 14 week extension should be better than nothing.

The other option would be to implore Congress to change the sunset provision, which would probably mean more delays on the benefit.

Since most people have exhausted their unemployment benefits, most will take what they can from this extension.

Car Fume Detoxifier Causes Wildfire near the 60 Freeway

2009-11-05T12:22:00.000-08:00

The wildfire near the 60 Freeway may have been caused by sparks that flew from a defective catalytic converter of a pickup, authorities said.

The wildfire caused a big traffic jam on the 60 and 57 Freeways, as commuters were advised to take alternative routes to their destination.

Several fires started almost at the same time at about 11:45 a.m. and spread to about 50 acres.

It gave a lot of people a scare as most believed that this is another case of arson.

Fire officials announced that the fire was mostly out by 2 pm.

The fire caused 4 smoke inhalation injuries, plus one firefighter being treated for heat exhaustion.

Fire officials later said that an overheated catalytic converter – a device that converts exhaust before it exits the tail pipe- may have triggered the fire.

If that is the case, the manufacturer of the catalytic converter may be held liable for the property damage and personal injuries that the fire caused.

Under the product liability law, if a product is proven to have a safety defect that caused injury or death, the manufacturer of the product will assume responsibility despite the lack of negligence.

Besides, a cataclysmic converter is a device that is supposed to help the environment.

Once it becomes defective, it ceases to serve its purpose and may even cause an environmental accident.

School Superintendent Admitted to Romance with Elementary Principal

2009-11-04T11:55:00.000-08:00

A Mountain View Whisman School district superintendent admitted to having romantic relations with a district principal.

Maurice Ghysels did not disclose though, how long his relationship with Carmen Mizell has been going on, claiming that it’s “a personal matter.”

Carmen Mizell is the principal of Edith Landels Elementary.Both Ghysels and Mizell are going through divorces with their current spouses.

They informed the school board last July; Ghysels through a phone call and Mizell thorugh a letter.

The board then discussed the implications of the relationship including possible conflicts of interest.

The district’s action was to change the administrative structure by removing Mizell under the direct supervision of Ghysels. Her new supervisor would be Superintendent Mary Lairon, who incidentally is reporting directly to Ghysels.

There is no policy concerning personal relationships but the board admitted to at least avoiding it in practice.

Here is an example of what we can use to differentiate sexual harassment from sexual misconduct.

There is no basis for a sexual harassment in this case since Ghysels never created a hostile working environment and Mizell never claimed to have received unwelcome sexual acts.

However, since Ghysels engaged in a sexual relationship with a subordinate, there may be cause for sexual misconduct.

Sexual misconduct though is not illegal in nature, but it is often against professional codes of ethics.

If the board had a policy for this, then it could have caused him his job.

But since the board admitted that there is none, they will just have to be content in frowning upon the act and make moves to avoid conflict of interests.

Otherwise, if they fire Ghysels, it may be a cause for a wrongful termination lawsuit.

Big Rig Accident Causes Road Closure

2009-10-29T00:28:00.000-07:00

Accidents involving big rigs can cause bigger damages because of the vehicle’s weight and size. In addition, it can also inflict graver injuries to the occupants of a smaller vehicle in the occurrence of accidents.

True enough, a big rig accident recently caused Interstate 5 in Burbank to be closed for five hours, also resulting to jammed rush-hour traffic. In addition, the incident also caused harm to one person.

According to authorities, the big rig smashed through a center divider and caught fire. Five other vehicles were also involved in the accident, and several crashed under the truck.

One person was shortly trapped in the ruins. Police said one person sustained injuries that were described as minor to moderate.

Employers are required to carefully choose the people who will operate a big rig if a work requires it because they may also be liable if the driver’s negligence causes an accident. Implementing stricter screening processes will ensure that every person operating this vehicle has the right skills to do it.

LA Councilman Pushes for Wage Theft Criminalization

2009-10-28T18:33:00.000-07:00

Labor advocates are pushing for a local ordinance that will make wage-theft a criminal charge.

In most states and cities, penalties for wage-theft are usually given through civil unpaid wage claim procedures.

If the bill passes into law, Los Angeles will join the handful of cities that criminally prosecutes employers who do not follow wage laws for misdemeanor charges.

City councilman Richard Alarcon plans to introduce a motion that would direct the city attorney’s office to write an ordinance that would criminalize wage non-payment.

Alarcon said that he was alarmed by a recent study that a lot of workers from New York Chicago and Los Angeles do not receive minimum wage or overtime pay.

The study showed that 26% are paid below the minimum wage and 76% are not paid the correct overtime rate.

The numbers are taken from the answers of 4,300 respondents

Alarcon said that if criminal penalties are what is needed then there is no reason not to try that.

Most workers would agree, given the high number of cases of unpaid minimum wages and overtime.
It would seem that civil penalties do not discourage the practice and are still rampant to this day.

Hopefully, the ordinance will give the law more teeth and significantly reduce the number of wage theft.

However, there is some opposition to the law, especially from the business community.

The president of the Los Angeles Chamber of Commerce said that there are still a lot of unanswered questions about the law. He questions what would be the trigger for an arrest and if it would cause additional backlogs in the courts.

Their concern is understandable, as they would like to protect their interests as well.

As the ordinance want to protect employees from unscrupulous employers, the employers in turn want to be assured that they will not be receiving unscrupulous claims as well.

It is a two-way street and the law should also consider the rights of the employer, or it may discourage companies from creating jobs for fear of being sued in the future.

Hopefully both sides can reach an understanding that would benefit each side.

Pilot Claims Heated Discussion Caused them to Overshoot Airport

2009-10-26T23:47:00.000-07:00

The Federal Aviation Administration (FAA) is investigating why Northwest flight 188 overshot the Minneapolis airport by 150 miles without radio contact before it turned around.

According to the National Transportation Board (NTSB), the jet carried 144 passengers and 5 crews.

None was injured because of the incident.

According to NTSB reports, the jet, an Airbus A320, lost radio contact at about 7:00 pm CDT while flying from San Diego to Minneapolis.

The jet flew over the airport before 8:00 pm and reestablished communication at 8:14 pm. They’ve overshot the airport by that time.

According to the FAA, the crew claimed that they became distracted over a heated discussion over airline policy and lost track of where they were.

However, the NTSB is also looking at other possible factors that may have caused the incident.

One of those is fatigue.

Authorities are looking into the possibility that the crew may have fallen asleep during the flight.

They will be examining the cockpit voice recorder and will be interviewing the pilots.

The two pilots have been suspended from flying while the airline performs its own investigation.

It does not sound too serious, but signs that pilots fall asleep at a crucial time while operating a giant vehicle 30,000 feet in the air with 144 passengers can be pretty disturbing.

Air traffic is very different from road traffic as it needs constant coordination with ground control.

When ground control cannot establish communication with a plane they may assume that there is trouble.

And now the pilots claim that they overshot the airport because they were in a heated discussion.

That must have been a pretty interesting discussion.

It is difficult to understand how a discussion over airline policy could prevent the pilots from establishing radio contact for more than an hour when both Denver and Minneapolis controllers are trying to communicate with them the entire time.

Hopefully the suspicion that they were asleep is not true.

Driver fatigue can cause major damages in a truck collision; it will be catastrophic in a plane accident.

Baby Food Recalled; Botulism Cases Feared

2009-10-21T23:56:00.000-07:00

Plum Organics of California have recently announced their food recalls on some of their baby foods in portable pouch as they suspect of botulism contamination in their products.

Botulism is an illness caused by toxins which is normally found in a person’s digestive tract. It usually results to facial paralysis that may spread to the limbs. The illness is life threatening and so those who ingested the product must immediately have themselves checked for toxins.

The company’s action team announced that the recalls on all 4.22-ounce pouches with the expiry date of May 21 2010 were because the product did not meet the FDA standards regarding the acidity level.

There were no reported incidents of botulism yet but the company urged the public not to feed their babies with these products as they present serious health risks.

In cases of product recalls, the public must be aware so as not to use products which present threat to one’s safety.

For victims of these defective products, they are urged to contact personal injury lawyers who will efficiently handle their claims and make sure that compensatory damages will be paid.

Triathlon Athlete Killed by Speeding, DUI Driver

2009-10-20T23:17:00.000-07:00

Brook Boynton from San Clemente died after his Nissan SUV was rear-ended, spun out of control, and rolled over near Laguna Canyon Road.

Boynton was a Chemical Engineer and a regular contestant in Ironman competitions. He was 52-year-old when his life was taken away, a promising life wasted away because of the negligence of a motorist who was intoxicated while driving.

Reports indicate that 37-year-old Richard Ernest Caselli was going more than 100 kph when the accident happened. He was arrested and booked on charges of gross vehicular manslaughter while intoxicated.

Caselli is likely to compensate for the wrongful death of Boynton and pay his family compensatory damages for the damages and grief he caused them.

Damages and Disturbances Caused by Big Rig Accidents

2009-10-19T21:27:00.000-07:00

Accidents involving big rigs often cause disastrous results due to the vehicle’s weight and size. Even people who were not directly involved in the accident were affected due to the road blockade.

Two big rig accidents that happened recently blocked San Diego County’s freeway lanes.

One incident happened along south state Route 15. A big rig reportedly jackknifed said authorities. Two lanes were blocked when a 40-foot container box fell off the vehicle.

The other incident happened along north Interstate 15. A big rig and seven other vehicles were involved in a collision. According to witnesses, a woman’s vehicle ended up in the highway’s center divider. They said the woman was unconscious.

Although it appears that no one was severely hurt in the two incidents, the vehicles involved may have been damaged or destroyed. In addition, these incidents greatly affected other road users through the inconvenience created by clogged traffic.

Domestic Workers Are Entitled To Minimum Wage

2009-10-16T23:31:00.000-07:00

In California, most employees are entitled by law to receive the minimum wage of $8 per hour. The only exceptions to the minimum wage law are:

Outside salespersons

The parent, spouse, or child of the employer

Apprentices regularly indentured under the State Division of Apprenticeship Standards

Learners

Employees who are mentally or physically disabled, or both

Nonprofit organizations such as sheltered workshops or rehabilitation facilities that employ disabled workers

However, even with the minimum wage law, there are still employees, like Vilma Serralta, a live-in housekeeper, who are deprived of their due salary.

Serralta, a naturalized citizen from El Salvador, recently settled her lawsuit for an undisclosed amount against her employer of four years after she was paid $1,000 to $1,300 a month despite working 14 hours a day. She cleaned their six-bathroom home, prepared their food and took care of the couple’s 3-year old daughter.

All employers in California are required to pay the minimum wage unless their employees fall among the above-mentioned exceptions.

The payment of the minimum wage is part of an employee’s rights and it cannot even be waived by any agreement, even collective bargaining agreements.

Employees, no matter how menial the tasks they perform may be, if they are covered by the minimum wage law, are entitled to receive their due wages. They can file a wage claim against their employer with the Division of Labor Standards Enforcement (the Labor Commissioner's Office). They may also file a lawsuit in court against the employer to recover the lost wages.

[Blog Action Day] Is It the End of Toyota Prius’s Reign in the Hybrid Market?

2009-10-15T16:32:00.000-07:00

With the growing popularity of energy-efficient and environment-friendly vehicles, many car manufacturers today are tapping this lucrative market of green cars or hybrid cars.

Toyota, one of the world’s biggest car manufacturers, has been successful in the hybrid car industry. According to reports, the company’s Prius is the best-selling car in Japan over the past several months.

In the US and in some parts of Europe, Prius is also the top choice of consumers, especially those who are worried about the high prices of gas.

However, the success of Toyota’s energy-efficient car is embroiled in a controversy.

In 2005, a federal court ordered the car manufacturer to pay Paice, a Florida-based company, with $4.8 million damages for violating the latter’s technology.
The infringed technology involves an engine that transfers force to the electric motor and internal combustion system.

In April, Paice won again in a civil lawsuit against Toyota and was awarded with royalties for all the sales of Prius manufactured from 2004 to 2009, RX 400h, and Highlander hybrids.

Meanwhile, Paice officials claim that Toyota is continuously infringing their patented technology which is still used in Prius 2010, RX450h SUV, and Lexus HS250.

The US International Trade Commission will conduct a hearing between two companies to determine if Toyota has committed another infringement.

If Toyota losses in this new case, it may face court injunction that will prevent it from selling its hybrid cars—bad news for consumers who are looking for affordable environment-friendly vehicles.

Ford Recalls Fire Causing Vehicles

2009-10-15T00:18:00.000-07:00

Recall is one way for car manufacturers to minimize damage due to manufacturing defect. A recall or withdrawal of product is triggered by complaints from customers, retailers, health officials or authorities.

If the object of recall is a vehicle, the recall process is usually brought about by complaints from the buyers. Usually, the car manufacturer itself will initiate the recall.

In case of Ford, it recalled a total of 14.3 million vehicles after adding 4.5 million recalled vehicles in its list. The recall was due to the defective cruise-control switch that could cause a fire. To date, the recall included 1.1 million Ford Windstar minivans and 3.4 million other Ford vehicles.

Wes Sherwood, spokesperson for Ford, said that they have already identified a small risk of fire even if the ignition was not turned on. He added that although the vehicle was okay to operate, it should be parked away from a building to prevent further damage in case of fire.

As part of the recall process, customers who own vehicles subject of the recall would be receiving letters from Ford showing instructions for replacement. In the meantime, owners are instructed to go to the nearest dealership for a free repair.

Ford recall was triggered by numerous complaints from its customers. Customers were advised to communicate with their dealers if the recall pertained to their car. But for those owners who had been injured by the car’s defect, a product liability lawyer may be consulted for any personal injuries or property damages that the customer may have incurred.

Car Hits Student near School Grounds

2009-10-14T00:27:00.001-07:00

Vehicles approaching school areas should slow down to avoid hitting the students and other pedestrians. On the other hand, students are also required to walk along a safe, designated areas such as crosswalks or pedestrian lanes, away from moving vehicles.

Police arrived at the scene of the accident where a 12-year old student was allegedly struck by a vehicle Toyota Corolla. The accident happened at 1500 W. Ball Road while the students were arriving at Ball Junior High School.

Initial reports showed that the girl sustained moderate trauma. Anaheim Fire paramedics treated her and she was then brought to a hospital.

It is the responsibility of both students and drivers to be careful. Vehicle accidents may happen if both drivers and students are negligent with their actions.